Agenda of Development Assessment Panel

MINUTES

Development Assessment Panel Meeting

23/10/2019

PRESENT

Members:

Paul Drake

David Crofts

Dan Croft

Other Attendees:

Pat Galbraith-Robertson

Fiona Tierney

Kerrod Franklin

Grant Burge

Ben Roberts

The meeting opened at 2:00pm

01 ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

02 APOLOGIES

Nil.

03 CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Development Assessment Panel Meeting held on 9 October 2019 be confirmed.

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05 DA2019 - 621 Medical Centre - Lot 27 DP 253280, No 6 Browallia Place, Port Macquarie

CONSENSUS:

That DA 2019 - 621 for Medical Centre at Lot 27, DP 253280, No. 6 Browallia Place, Port Macquarie, be determined by granting consent subject to the recommended conditions and as amended below:

Amend condition B(8) to read: ‘The design of the carpark and accesses is to be in accordance with Australian Standard 2890 (including AS 2890.1, AS 2890.2 and AS 2890.6). Certification of the design by a suitably qualified consultant is to be provided to the Principal Certifying Authority prior to release of the Construction Certificate. Note a single width driveway is permitted from the kerb to the property boundary so as to minimise cross over width in the culdesac.’

06 DA2019 - 476.1 Change of Use from Medical Centre to Dual Occupancy and Torrens Title Subdivison, Lot 5 DP 226787, 70 Hill Street, Port Macquarie

Speakers:

Megan Warrington (o)

Rob Beukers (applicant)

CONSENSUS:

That DA 2019 - 476 for a change of use from medical centre to dual occupancy and Torrens title subdivision at Lot 5, DP 226787, No. 70 Hill Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

07 DA2019 - 203.1 Demolition of Existing Buildings and Construction of Restaurant at 24 Clarence Street, Port Macquarie

Speakers:

Craig Smith (o)

Peter Chapman (applicant)

Craig Teasdell (applicant)

CONSENSUS:

That DA2019 - 203.1 for a demolition of existing buildings and construction of restaurant at Lot 1, DP 713378, No. 24 Clarence Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

08 DA2019 - 400 Concept Proposal for Staged Residential Subdivision (25 torrens title lots) & Staged Residential Subdivision (19 torrens title lots) - 165 John Oxley Drive, Port Macquarie

Speakers:

Susan Perry (o)

Tony Thorne (applicant)

CONSENSUS:

That DA2019 - 400 for a concept proposal for staged residential subdivision (25 Torrens title lots) & staged residential subdivision (19 Torrens title lots) at Lot 3 DP 533058, No. 165 John Oxley Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions and as amended below:

Amend condition A(1) to read:

‘The development is to be carried out in accordance with the plans and supporting documents set out in the following table, as stamped and returned with this consent, except where modified by any conditions of this consent.

Plan / Supporting Document	Reference	Prepared by	Date
Development plans	Sheets 1 to 6	King & Campbell Pty Ltd	4 June 2019 and 4 October 2019
Biodiversity Assessment Report	EC3272	Biodiversity Australia	4 October 2019
Vegetation Management Plan		King & Campbell Pty Ltd	October 2019
Road traffic noise assessment		EMM Consulting	12 November 2018
Aborist reports		Port Tree Fella	28 March 2019

In the event of any inconsistency between conditions of this development consent and the plans/supporting documents referred to above, the conditions of this development consent prevail.

Amend condition A(5) to read: ‘The development must only proceed in accordance with the approved stages as set out below:

Stage 1: Roads 01, 02 and 03 and creation of Lots 1, 2 and 16 to 19 and residue within Stage 1 works development within approved staged concept proposal;
Stage 2: Creation of Lots 3 to 5 and 13 to 15 and residue; and
Stage 3: Creation of Lots 6 to 12 and residue Future Stage 2 DA.’

Delete condition A10 (A034)
Amend condition A(14) to read: ‘The development will require the retirement of the following ecosystem credits and/or species credits under the Biodiversity Offset Scheme, provisions of the Biodiversity Conservation Act 2016 to offset the impacts of the development: No 690: Blackbutt - Tallowwood moist ferny open forest of the coastal ranges of the NSW North Coast Bioregion 8 Credits and Koala (Phascolarctos cinereus) 9 Credits, unless otherwise agreed to by Council.’
Amend condition B(2) to read: ‘Submission to the Principal Certifying Authority prior to the issue of a Construction Certificate detailed design plans for the following works associated with the developments. Public infrastructure works shall be constructed in accordance with Port Macquarie-Hastings Council’s current AUSPEC specifications and design plans are to be accompanied by AUSPEC DQS:

1. New roads within the subdivision.

2. Earthworks, including filling of the land for flood protection.

3. Sewerage reticulation.

4. Water supply reticulation.

5. Stormwater systems.

6. Erosion & Sedimentation controls.

7. Landscaping/waste management facilities.

8. Provision of a concrete footpath across the proposed road frontages of the property.’

· Additional condition in Section A of the consent to read: ‘The development site is to be managed for the entirety of work in the following manner:

1. All construction vehicles are to access the site from John Oxley Drive and not Annabella Drive. Appropriate temporary signage is to be erected within the road reserves to enforce this requirement.

2. Erosion and sediment controls are to be implemented to prevent sediment from leaving the site. The controls are to be maintained until the development is complete and the site stabilised with permanent vegetation;

3. Appropriate dust control measures;

4. Building equipment and materials shall be contained wholly within the site unless approval to use the road reserve has been obtained. Where work adjoins the public domain, fencing is to be in place so as to prevent public access to the site;

5. Building waste is to be managed via appropriate receptacles into separate waste streams;

6. Toilet facilities are to be provided on the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

7. Building work being limited to the following hours, unless otherwise permitted by Council;

- Monday to Saturday from 7.00am to 6.00pm

- No work to be carried out on Sunday or public holidays

The builder to be responsible to instruct and control his sub-contractors regarding the hours of work.’

· Additional condition in Section A of the consent to read: ‘An overland flowpath between the northern end of the proposed cul-de-sac (Road 02) and the downstream stormwater basin shall be provided. The overflow path shall be shaped to safely convey stormwater flows generated within the 1%AEP event from the cul-de-sac to the basin. Long and cross sections of the overland flowpath shall be submitted to the certifying authority in conjunction with the Construction Certificate submission demonstrating that suitable freeboard is provided between the top water level within the overland flowpath and adjoining property ground levels. The overland flowpath shall be contained within a drainage reserve.’

Amend condition B(3) to read: ‘Road network within the subdivision is to be categorised with carriageway width as follows. Prior to release of the Construction Certificate such details are to be illustrated on the submitted plans.

	Road Width (Metres)
Road No.	Shareway	Access	Local	Collector	Commercial	Industrial
1			9m
2			7m terminating at a 9m radius head
3			8m

Amend condition E(3) of the consent to read: Payment to Council, prior to the issue of the Subdivision Certificate of the Section 7.11 contributions set out in the “Notice of Payment – Developer Charges” schedule attached to this consent, unless deferral of payment of contributions has been approved by Council. The contributions are levied, pursuant to the Environmental Planning and Assessment Act 1979 as amended, in accordance with the provisions of the following plans or as specified by an applicable Planning Agreement:

· Port Macquarie-Hastings Administration Building Contributions Plan 2007

· Hastings S94 Administration Levy Contributions Plan

· Port Macquarie-Hastings Community Cultural and Emergency Services Contributions Plan 2005

The plans may be viewed during office hours at the Council Chambers located on the corner of Burrawan and Lord Streets, Port Macquarie, 9 Laurie Street, Laurieton, and High Street, Wauchope.

The attached “Notice of Payment” is valid for the period specified on the Notice only. The contribution amounts shown on the Notice are subject to adjustment in accordance with CPI increases adjusted quarterly and the provisions of the relevant plans. Payments can only be made using a current “Notice of Payment” form. Where a new Notice of Payment form is required, an application in writing together with the current Notice of Payment application fee is to be submitted to Council.’

09 DA2019 - 401.1 - Concept proposal for residential subdivision (25 torrens title lots) & staged residential subdivision (16 torrens title lots) at 153 John Oxley Drive, Port Macquarie

Speakers:

Graham Marks (o)

Tony Thorne (applicant)

CONSENSUS:

That DA2019 - 401.1 for a concept proposal for residential subdivision (25 Torrens title lots) & staged residential subdivision (16 Torrens title lots) at Lot 1 DP 369206, No. 153 John Oxley Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions and as amended below:

Amend condition B(2) to read: ‘Submission to the Principal Certifying Authority prior to the issue of a Construction Certificate detailed design plans for the following works associated with the developments. Public infrastructure works shall be constructed in accordance with Port Macquarie-Hastings Council’s current AUSPEC specifications and design plans are to be accompanied by AUSPEC DQS:

1. New roads within the subdivision.

2. Earthworks, including filling of the land for flood protection.

3. Sewerage reticulation.

4. Water supply reticulation.

5. Stormwater systems.

6. Erosion & Sedimentation controls.

7. Landscaping/waste management facilities.

8. Provision of a concrete footpath across the proposed road frontages of the property.’

Amend condition B(3) to read: ‘Road network within the subdivision is to be categorised with carriageway width as follows. Prior to release of the Construction Certificate such details are to be illustrated on the submitted plans.

	Road Width (Metres)
Road No.	Shareway	Access	Local	Collector	Commercial	Industrial
1			9m
2			7m terminating at a 9m radius head
3			7m

Amend condition E(3) of the consent to read: Payment to Council, prior to the issue of the Subdivision Certificate of the Section 7.11 contributions set out in the “Notice of Payment – Developer Charges” schedule attached to this consent, unless deferral of payment of contributions has been approved by Council. The contributions are levied, pursuant to the Environmental Planning and Assessment Act 1979 as amended, in accordance with the provisions of the following plans or as specified by an applicable Planning Agreement:

· Port Macquarie-Hastings Administration Building Contributions Plan 2007

· Hastings S94 Administration Levy Contributions Plan

· Port Macquarie-Hastings Community Cultural and Emergency Services Contributions Plan 2005

The plans may be viewed during office hours at the Council Chambers located on the corner of Burrawan and Lord Streets, Port Macquarie, 9 Laurie Street, Laurieton, and High Street, Wauchope.

Additional condition in Section E of the consent to read: ‘Prior to release of the subdivision certificate the boundary between lots 4 and 5 is to be moved slightly to the north so as to align with the with the southern boundary of the property on Rivergum Drive to the east (i.e. the termination of the respective boundaries are to meet at the same point).’

10 GENERAL BUSINESS

Nil.

The meeting closed at 3:33pm.

AGENDA Development Assessment Panel 13/11/2019

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 13/11/2019

Item: 05

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 the subject development application be approved subject to the conditions included at Attachment 1.

This application was previously referred to the Development Assessment Panel on 9 October 2019 and the application was deferred by the DAP to address a number of issues. The DAP resolution and commentary on the applicant’s response is provided below:

ITEM: 06 DA2019-254.1 INDUSTRIAL BUILDING AND CARETAKER’S RESIDENCE - LOT 2 DP 1084479, NO. 3 PRODUCTION DRIVE, WAUCHOPE.

Speakers: Derek Collins (applicant)

CONSENSUS:

That the determination by the Development Assessment Panel (DAP) of DA2019 - 254 for an industrial building and caretaker’s residence at Lot 2 DP1084479, be deferred to address the following:

1. The Applicant give consideration to an amended layout which better satisfies section 3.5.3.3 of Development Control Plan 2013 to require open storage areas at the rear.

Comment:

The proposed layout has been amended to situate open storage and work areas to the rear of the managers residence, and specific landscaping detail is proposed for the site frontage.

2. The Applicant rationalise the parking layout to be a safe and minimise potential for conflict between workers and customers.

Comment:

The parking layout has been revised as per the recommendation, the details of which are provided later in this report and in Attachment 2.

3. The Applicant submit a more detailed landscaping plan inclusive of species of plantings.

Comment:

A detailed landscaping plan has been submitted as part of the revised application.

4. The Applicant relocate the parking spaces beside the storage containers

Comment:

The parking layout has been revised as per the recommendation, the details of which are provided later in this report and in Attachment 2.

This report considers the amended details as included in Attachment 2 and recommends that the development be approved subject to the conditions included in 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

· 9 October 2019 - Referred to DAP

· 23 October 2019 - Additional information and amended plans received

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. 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.

· Clause7.13 - Satisfactory arrangements are in place for provision of essential services including water supply, electricity supply, sewer infrastructure, stormwater drainage and suitable road access to service the development.

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

No draft instruments apply 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 7.6m to Production Drive from caretaker’s 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 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.	Onsite storage is proposed to be located behind the managers residence. The proposed development is to be used primarily for the manufacture of pre-fabricated structures (i.e. barn-style dwellings) and sheds. The proposed storage areas will accommodate storage containers for the purpose of storing materials to be used for the pre-fabricated structures as well as providing storage area for machinery and vehicles. The development frontage is proposed to be fenced and landscaped.	Yes
3.5.3.4	Detailed landscaping plan submitted.	A satisfactory landscaping plan submitted including planting species has been provided.	Yes
	Landscaped strip 3m wide for 2/3 of each road frontage.	3m wide landscaping strip to Production Drive boundary.	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 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. The amended site plans submitted after the 9 October DAP meeting 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

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

Air and microclimate

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

Flora and fauna

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

Waste

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

Energy

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

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 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.

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

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

Attachments

1 View. DA2019 - 254.1 Recommended conditions

2 View. DA2019 - 254.1 Plans

3 View. DA2019 - 254 - Contributions estimate

AGENDA Development Assessment Panel 13/11/2019

Item: 06

Subject: DA 2019 - 71.1 for Multi Dwelling Housing and Strata Title Subdivision at LOT: 2 DP: 713669, 11 Kemp Street, Port Macquarie

Report Author: Development Assessment Planner, Beau Spry

Applicant: 11 Kemp Street Pty. Ltd. As Trustee for the Kemp Trust

Owner: Barry Robert Byrne, Josianne Ohrynowsky, Daniel James Dowd

Estimated Cost: $1,080,000

Parcel no: 10745

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2019 - 71.1 for Multi Dwelling Housing and Strata Title Subdivision at Lot 2 DP 713669, No. 11 Kemp Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a multi-dwelling housing and 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, two (2) submissions were received.

This report recommends that the development application be approved subject to the attached conditions.

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 4543.78 m².

The site has frontage to Kemp Street and slopes gently towards the west.

There are existing dwellings to the east, a tennis facility and tourist accommodation to the north, church to the south and motor vehicle storage and/or repair facility to the west.

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:

· Filling of site to meet flood planning level requirements;

· Construction of 17x two-bedroom dwellings.

Refer to Attachment 2 at the end of this report for plans of the proposed development.

Application Chronology

· 12 February 2019 - Application lodged

· 15 February 2019 - Public exhibition via neighbour notification

· 12 March 2019 - Additional information request.

· 14 April 2019 - Site inspection

· 18 October 2019 - Additional information received

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy (Coastal Management) 2018 and Clause 5.5 of Port Macquarie-Hastings Local Environmental Plan 2011

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

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

Having regard to clauses 13 and 14 of the SEPP and clause 5.5 of the Port Macquarie-Hastings LEP 2011 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 impacts on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

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

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

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

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

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

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

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 (0003576700) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

Port Macquarie-Hastings Local Environmental Plan 2011

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

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

· Clause 2.3(1) and the R1 zone landuse table - The proposed development for a multi-dwelling housing development 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 having regard to the following:

o The proposal is a permissible landuse.

o The proposal provides for suitable alternative housing types;

· Clause 4.3 - Including site filling, the maximum overall height of the building above ground level (existing) is 7.1m which complies with the standard height limit of 8.5m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal is 0.25:1.0 which complies with the maximum 0.65:1 floor space ratio applying to the site.

· Clause 5.5 - Development within the coastal zone (relevant objectives of this clause are addressed by SEPP (Coastal Management) 2018 section - see above).

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

· Clause 7.1 - The site is mapped as potentially containing class 3 and class 5 acid sulfate soils. The proposed development includes introducing fill across the site to 3.45m AHD and no excavation extending 1m below the natural surface level is proposed, therefore no adverse impacts are expected to occur to potential acid sulphate soils found on site.

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

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

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

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

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

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

· Clause 7.13 - Satisfactory arrangements are in place for provision of essential services including water supply, electricity supply, on-site sewage management/sewer infrastructure, stormwater drainage and suitable road access to service the development.

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: • 4.8m max. height • Single storey • 60m2 max. area • 100m2 for lots >900m2 • 24 degree max. roof pitch • Not located in front setback	The water tanks are appropriately located.	Yes
3.2.2.2	Articulation zone: • Min. 3m front setback • An entry feature or portico • A balcony, deck, patio, pergola, terrace or verandah • A window box treatment • A bay window or similar feature • An awning or other feature over a window • A sun shading feature	No elements within the articulation zone.	N/A
3.2.2.2	Front setback (Residential not R5 zone): • Min. 6.0m classified road • Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot • Min. 3.0m secondary road • Min. 2.0m Laneway	The proposal has a minimum setback of 4.90m from the front boundary fronting Kemp Street.	Yes
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	Single carports are proposed for all units and the majority are setback >1m behind front façades. The carports for units 1 and 17 fronting Kemp Street are setback 50cm, however this is considered acceptable in the context were they are still 5.5m behind the front boundary and where many neighbouring properties have no setback garage setback at all.	Yes
	6m max. width of garage door/s and 50% max. width of building	The single carport widths are approx. max 2.9m and <50% width of the units fronting Kemp Street.	Yes
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	The proposed driveway crossovers total 11.5m max width and approximately 27% of site frontage.	Acceptable
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	The minimum rear setback is approximately 14.5m at the northern end and 30m towards the southern end.	Yes
3.2.2.5	Side setbacks: • Ground floor = min. 0.9m • First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min. • Building wall set in and out every 12m by 0.5m	The minimum side setback requirements are complied with. No adverse overshadowing impacts identified to neighbouring property owners having regard to select dwellings having a setback less than 3m to existing side boundaries. The wall articulation of all dwellings are compliant and satisfies the objectives of the development provision.	Yes
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade	Each occupancy contains a minimum of 35m² open space in one area including a useable 4m x 4m area.	Yes
3.2.2.10	Privacy: • Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed • Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m • Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m	The majority of the development will not compromise privacy in the area due to a combination of lack of windows on side/rear boundaries, having high sill windows that face side/rear boundaries, limiting living areas that face adjoining living areas/open space, compliant separation and use of screening/fencing.	Yes

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	Good casual surveillance is available from the carpark and open space areas. 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 >1m proposed across the site, including 1m outside the perimeter of the external building walls. Fill is required across the site to raise the habitable floor areas above the flood planning level (FPL), grading from a front/east high point to a rear/west low. Approximately 1.6m high fill is required to raise the at the rear/western end of the property. A standard condition is recommended to require engineering certification for all retaining walls proposed.	No, variation sought below
2.3.3.2	1m max. height retaining walls along road frontage	None proposed	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	Retaining walls exceeding 1m proposed. Condition recommended to require engineering certification.	Yes
	Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway	No retaining wall front fence combination proposed.	N/A
2.3.3.8	Removal of hollow bearing trees	Ecology report prepared by Biodiversity Australia has concluded no hollow bearing trees were found onsite.	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)	Applicant has submitted an arborists report and an ecology report. There are 16 trees identified for removal onsite. Following provisions of amended plans, no koala browse species trees are proposed to be impacted.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access proposed to arterial or distributor road.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Driveway crossings of acceptable width with maximised retention of street parking.	Yes
2.5.3.3	Parking in accordance with Table 2.5-1 Multi dwelling 1 space per 1 & 2 bedroom occupancies 1.5 spaces per 3+ bedroom occupancies 0.25 spaces per occupancy for visitor parking.	Proposal includes: 2 bedroom units: 17 Therefore, parking requirements are: 2 bedroom units: 17 Visitor parking: 4.25 (5) Total Required: 22 spaces The overall parking demand of the development is therefore 22 spaces. The submitted plan identifies 24 parking spaces and exceeds the minimum requirement.	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 complying. Condition recommended requiring details with the Construction Certificate and Section 138 applications.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Details of proposed stormwater management have been submitted with the application. See comments under ‘Stormwater’ later in this report.	Yes

The proposal seeks to vary Development Provision relating to 2.3.3.1

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 site topography slopes gently down from east to west by approximately 2m;

· The site currently has a natural ground level that is lower than its neighbouring properties and below the flood planning level;

· Fill is proposed to raise the ground level above the flood planning level and will be retained by max 1.6m high retaining wall;

· No adverse impacts are identified to neighbouring properties to north and south.

Based on the above assessment, the variation proposed to the provision of the DCP is considered acceptable and the relevant objectives have been satisfied.

(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:

The site has a general easterly street frontage orientation to Kemp Street. Adjoining the site to the north is a tourist use and tennis centre, north-west, east and south are R1 General Residential zoned premises with a mix of single and multi-dwelling building types, and to the west is E2 Environmental Conservation.

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

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

· There are no adverse impacts on existing view sharing.

· There are no adverse privacy impacts.

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

Access, Traffic and Transport

The site has road frontage to Kemp Street. Kemp Street is a sealed public local road under the care and control of Council, with a 10.5m road formation within a 20m road reserve. The proposal will not 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 the site will be via a proposed driveway location fronting Kemp Street. All accesses shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Parking and Manoeuvring

A total of 24 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 for all dwellings other than for dwellings 1 and 17 fronting Kemp Street. Site plans show adequate area is available and conditions have been recommended to reflect these requirements.

Water Supply Connection

Council records indicate that the development site has existing potable water service from the 150mm diameter water main on the opposite of Kemp Street.

A hydraulic strategy and plans are required from a hydraulic consultant for the whole of the development on the site. Water service sizing is then to be determined by the hydraulic consultant to suit the proposed development, as well as addressing fire service requirements to AS 2419 and backflow protection requirements.

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 a sideline in the north eastern corner of the site. All units shall drain to a new manhole constructed on the existing sewer main in Kemp Street. The abandoned sewer side line shall be removed and capped off at Council’s sewer main.

The hydraulic designer is to confer with Council sewer section prior to submitting sewer design plans. The DA plans have no indication of how the development site will be serviced for sewer. Consideration will need to be given to the fact that the existing sewer main is located at the high end of long development lot.

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 west and is currently un-serviced. Current site stormwater discharge is mainly in the form of sheet flows onto the adjoining downstream undeveloped environmental zoned land, before concentrating within an existing gully at the rear of downstream Lot 2 DP601094. The site is also subject to stormwater flows from the adjoining upstream lot at Lot 1 DP 713669.

The legal point of discharge for the proposed development is defined as an onsite system, which is required to limit the rate, volume and frequency of stormwater discharge from the site to be no greater than the pre-developed conditions of the site. The rationale for this arrangement is that there is no formal piped point of connection available, the downstream environmental conditions need to be maintained and protected, and negotiations with the adjoining downstream landowner failed to obtain an easement to do so. Hence, a design was required to mimic that natural flow of discharge from the undeveloped existing site. The design is also required to include a level spreader / energy dissipation arrangement so that flows off the site are in sheet flow consistent with the current conditions of the site.

A stormwater drainage plan has been submitted in support of the development application and includes a large above ground on-site stormwater detention/ absorption system at the rear of the site. Calculations submitted with the development application indicate that the system functions to limit the rate of discharge from the site to pre-development rates, indicating that the development will not exacerbate or create any new downstream flooding issues. Further modelling and rainwater storage is required on site above that proposed in order to limit the total volume of runoff to pre-development flow rates however. It is anticipated that this could be achieved by the provision of rainwater storage tanks to service each of the proposed residential units. Refer to relevant conditions of consent.

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.

In accordance with Council’s AUSPEC requirements, the following must also be incorporated into the stormwater drainage plan:

· On site stormwater detention and retention facilities

· Water quality controls

· Level spreader / energy dissipation system outfall.

In addition, the stormwater plan does not include detail of the surface drainage system designed to collect and manage stormwater runoff that is currently directed onto the development site form the adjoining lot to the north. The CC submission will be required to include detail of such systems.

Refer to relevant recommended conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site.

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

Soils

The proposed development will not have any significant adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition being recommended requiring erosion and sediment controls to be in place prior to and during construction.

Air and microclimate

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

Flora and fauna

An arborists and ecology report has been submitted as part of the application. Following amended plans, construction of the proposed development will not require any removal/clearing of any significant native vegetation and therefore does not trigger the biodiversity offsets scheme. Part 7 of the Biodiversity Conservation Act 2016 is considered to be satisfied.

Waste

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

Energy

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

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone.

The Applicant has submitted a bushfire report prepared by a Certified Consultant.

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

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

The proposal is not considered to have any significant adverse economic impacts on the locality. A likely positive impact is that the development will maintain employment in the construction industry, which will lead to flow impacts such as expenditure in the area.

Site design and internal design

The proposed development design satisfactorily responds to the site attributes and will fit into the locality.

Construction

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

Cumulative Impacts

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

(c) The suitability of the site for the development

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

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

Two (2) written submissions were received following public exhibition of the application. Copies of the written submissions have been provided separately to members of the DAP.

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

Submission Issue/Summary	Planning Comment/Response
Flooding, stormwater and surface drainage concerns, including nature of the fill proposed.	Amended plans have been submitted to clarify the extent of fill proposed. Council’s Engineers and Environmental Project’s Officers (flooding) have reviewed the proposal and have addressed the concerns through amended plans and conditions. Condition B072 regards stormwater and requires detail drainage design to be submitted and approved by Council prior to the issue of Construction Certificate Condition E046 references the need for a positive covenant to be created prior to issue of the Occupation Certificate burdening the owner(s) with the requirement to maintain on-site stormwater detention facilities within the site. Condition E048 references the need for a positive covenant to be created prior to issue of the Occupation Certificate burdening the owner(s) with the requirement to maintain the water quality control facilities within the site. Condition B067, E044 and B070 relate to flooding and requires floor level of all habitable areas to be a minimum of 500mm above the 1 in 100 year flood level including the applicable climate change allowance; that these levels be certified by a registered surveyor prior to issue of the Construction Certificate. Condition B039 require detailed drawings and specifications submitted for retaining walls prior to issue of Construction Certificate.
Impact on character of the street, with the perception that the development is in high contrast to the area’s neighbourhood character which can generally be described as one dwelling on large blocks with lots of open space and landscaping	For a new development to be visually compatible with the area surrounding the site comprises a mix of single and two storey development, including mixed-use tourist and visitor accommodation adjacent to the north that comprises a number of two-storey buildings. In this regard, the frontage of the proposal has been designed to reference the cottage-like appearance of existing neighbouring frontages. The proposed building height of 5.5m is compliant with the maximum building height of 8.5m and is reflective of the surrounding neighbourhood that is typically residential of varying bulks and height. The front, rear and side setbacks comply with DCP provisions and is also compatible with nearby development in scale.
Lack of private open space and visual privacy concerns owing to a perceived extreme overdevelopment of this site.	Each occupancy contains a minimum of 35m² open space in one area including a useable 4m x 4m area. The proposed dwellings are 5.5m in height with loft-style accommodation. There are no rear facing windows above 2.4m.

(e) The Public Interest

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

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

· A copy of the contributions estimate is included as Attachment 3.

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 - 71.1 Plans.

2 View. DA2019 - 71.1 Recommended Conditions

3 View. DA2019 - 71.1 Contributions Estimate

4 View. DA2019 - 71.1 Engineering and Stormwater Management

5 View. DA2019 - 71.1 Arborist Report

6 View. DA2019 - 71.1 Bushfire Report

7 View. DA2019 - 71.1 RFS response and conditions

Member	24/07/19	28/08/19	11/09/19	25/09/19	09/10/19	23/10/19
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	A 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.