Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 27/11/2019

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 27/11/2019

Item: 05

Subject: DA 2018 - 353.2 Modification to Commercial Premises and Tourist and Visitor Accommodation with Clause 4.6 Variation to Clause 4.3 (Height of Building) and Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 123 DP 1219042, No.15 Clarence Street, Port Macquarie

Report Author: Development Assessment Planner, Benjamin Roberts

Applicant: Bamford Engineering

Owner: Yogi Bear Holdings Pty Ltd

Estimated Cost: $14,733,000

Parcel no: 65374

Alignment with Delivery Program

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

RECOMMENDATION

That modification to DA2018 - 353.2 for a commercial premises and tourist and visitor accommodation with clause 4.6 variation to clause 4.3 (height of building) and clause 4.4 (floor space ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 11, DP 1219042, No. 15 Clarence Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a modification to the development application for a commercial premises and tourist and visitor accommodation with clause 4.6 variation to clause 4.3 (height of building) and clause 4.4 (floor space ratio) of the Port Macquarie-Hastings Local Environmental Plan 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, three (3) submissions were received.

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

1. BACKGROUND

Previous consideration of the application

The development application was reported to the Development Assessment Panel on 23 January 2019 where the Panel was unable to reach consensus as follows:

“That DA2018 – 353 be refused on the grounds that:

1. Insufficient on-site car parking has been provided (deficit of 21 spaces) as

required by the Port Macquarie-Hastings Development Control Plan 2013. In

the context of this proposed tourist development located within an area with

time limited parking the public interest would not be well served by allowing

such a significant shortfall in parking spaces on site, or offsetting this number

of spaces via the contribution plan.

2. The proposed turning movements at the reception area are unreasonably

compromised and should be redesigned to avoid regular interruption to the in-out vehicular movements by the 3-point turn.”

For: Robert Hussey

Against: Paul Drake and Dan Croft.

The dissenting recommendation was:

“That DA2018 – 353 be deferred to allow the applicant to readdress noncompliance with development standards and provide further evidence to support parking provision on site so as to avoid significant dependence on contribution offsets.”

Given the Development Assessment Panel was unable to reach consensus at its meeting on 23 January 2019 the matter was reported to Council in accordance with

the DAP charter on 20 February 2019 with the following recommendation from staff:

“That DA2018 - 353 for a commercial premises and tourist and visitor

accommodation with clause 4.6 variation to clause 4.3 (Height of Buildings) and

clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental

Plan 2011 at Lot 123, DP 1219042, No. 17 Clarence Street, Port Macquarie, be

determined by granting consent subject to the recommended conditions.”

In considering the matter at its meeting on 20 February 2019 Council resolved as

follows:

RESOLVED: Intemann/Alley

That DA2018 – 353 be deferred to allow the applicant to readdress noncompliance with development standards and provide further car parking provision on site so as to avoid dependence on parking offsets.

CARRIED: 6/1

FOR: Alley, Cusato, Dixon, Hawkins, Intemann and Turner

AGAINST: Levido

The applicant subsequently lodged revised plans on 19 April 2019 to include a further

level of basement parking to the proposed development.

The revised application was re-considered by the Development Assessment Panel

on 22 May 2019 where it was again unable to reach consensus as follows:

The following motion was put to the panel:

“That it be recommended to Council that DA2018 - 353.1 for a commercial premises

and tourist and visitor accommodation with clause 4.6 variation to clause 4.3 (Height

of Buildings) and clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings

Local Environmental Plan 2011 at Lot 123, DP 1219042, No. 17 Clarence Street,

Port Macquarie, be determined by granting consent subject to the recommended

conditions.”

For: Paul Drake and Dan Croft

Against: Robert Hussey

The dissenting recommendation was:

“That DA2018 - 353.1 for a commercial premises and tourist and visitor

accommodation with clause 4.6 variation to clause 4.3 (Height of Buildings) and

clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental

Plan 2011 at Lot 123, DP 1219042, No. 17 Clarence Street, Port Macquarie, be

determined by refusing consent for the following reason:

1. Insufficient car parking is provided on site. To vary the Development Control Plan (DCP) car parking provisions by 18% has significant implications on parking in the CBD, will lead to an undesirable precedent and undermine the DCP. Council should consider amending the DCP if such variations are to be considered acceptable.”

Given the Development Assessment Panel was unable to reach consensus at its

meeting on 22 May 2019 the matter was reported to Council in accordance with the DAP charter on 19 June 2019. The extent of the Clause 4.6 variation also required the application to be determined by Council.

In considering the matter at its meeting on 19 June 2019 Council resolved as follows:

RESOLVED: Hawkins/Turner

That DA2018 - 353.1 for a commercial premises and tourist and visitor accommodation with clause 4.6 variation to clause 4.3 (Height of Buildings) and clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 123, DP 1219042, No. 17 Clarence Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

CARRIED: 8/0

FOR: Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

AGAINST: Nil

Existing Sites Features and Surrounding Development

The site has an area of 1518m².

The site is zoned B3 Commercial Core in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposed modification include the following:

· Increase to ground floor commercial floor space from 195.3m² to 347.73m², which also includes a reduction in parking at the ground floor level from 20 spaces to 10 spaces;

· Increase to lower level basement area to provide for 13 additional parking spaces;

· Increase to the conference room area on the sixth floor from 96.2m² to 105.4m²;

· Relocation and reconfiguration of amenities and gymnasium areas on sixth floor;

· Incorporation of external signage to the building;

· Request to modify consent condition A13 which requires each unit to be individually metered;

· Request to amend consent condition F4. The condition currently restricts the motel reception hours to 7am to 9pm seven days a week. The request is to extend the reception hours to 11pm in the evening.

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

Application Chronology

· 8 August 2019 - Application lodged.

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

3. STATUTORY ASSESSMENT

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

Is the proposal substantially the same?

The subject application is being considered under the provisions of Section 4.55(1A). The proposal is considered to be substantially the same development to that which was originally consented to and will have minimal environmental impact. Specifically the use of the site as a commercial premises and tourist and visitor accommodation and building footprint remains relatively unchanged. The fundamental characteristics and essence of the development remains essentially the same.

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

Neighbour notification has been undertaken.

Any submissions made concerning the modification?

Three (3) submissions were received following completion of the neighbour notification period. The submissions are considered later in this report.

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

Section 4.15(1) Matters for Consideration

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 64 - Advertising and Signage

The application proposes the introduction of business identification signage to the building. The proposed signage comprises:

- Identification sign to the front façade of the building;

- Identification cantilever sign above the footpath;

- Carpark identification signage on the front wall at the carpark entry;

- Identification sign on the western elevation of the building.

The proposal satisfies the applicable requirements of this SEPP. The assessment table provided below provides consideration of the proposal in accordance with schedule 1 of the policy.

Applicable clauses for consideration	Comments	Satisfactory
Clause 8(a) Consistent with objectives of the policy as set out in Clause 3(1)(a).	The proposed business identification signage is consistent with the objectives of this policy. Specifically the signage is compatible with the desired amenity and visual character of central business district area and the signage appears to be of a high quality design and finish.	Yes
Schedule 1(1) Character of the area.	The signage is compatible with the existing and desired character of the central business district area in which it is to be located.	Yes
Schedule 1(2) Special areas.	The signage will not detract from the amenity or visual quality of any special areas	Yes
Schedule 1(3) Views and vistas.	The signage will not compromise any important views or vistas. The signage is well placed below the roof of the building and will not dominate the skyline.	Yes
Schedule 1(4) Streetscape, setting or landscape.	The signage is of a suitable form and scale that is appropriate for the streetscape. The signage does not protrude above the building and the number of signs proposed is not excessive.	Yes
Schedule 1(5) Site and building.	The signage has been strategically placed and compliments the building design.	Yes
Schedule 1(6) Associated devices and logos with advertisements and advertising structures.	No safety devices, platforms or logos proposed.	N/A
Schedule 1(7) Illumination.	The signage is proposed to be illuminated and fitted with a time switch to dim by 50% or turn off by 11pm each night. Subject to the imposition of a consent condition requiring the fitting of the time switch and 11pm curfew the impacts of illumination would not adversely affect the amenity of nearby residential receivers.	Yes
Schedule 1(7) Safety.	The signage will not adversely affect road or pedestrian user safety.	Yes

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

· Clause 4.3 - The maximum overall building height of 23.65m remains unchanged under this modification application.

· Clause 4.4 - The floor space ratio of the modified proposal is 3.61:1. The maximum floor space ratio standard applicable to the site is 3.5:1. As a result, the applicant has submitted a Clause 4.6 variation to the standard. The variation represents a 3.14% variation from the standard. This equates to an additional floor area of 176.18m²above the standard for the site.

· Clause 4.6(3) - Consent must not be granted for a proposal that contravenes a development standard unless the consent authority has considered a written request from the applicant that justifies the variation by showing that the subject standard is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify the contravening of the standard.

As a result of the above, the applicant submitted a Clause 4.6 variation to the standard based on the following reasons:

o The extent of the floor space variation is minor.

o The building design is consistent with the existing and future character of the locality in relation to building height, bulk and scale.

o The proposal is consistent with the floor space ratio objectives.

Having consideration to the above the applicant has demonstrated the proposal is consistent with the performance objectives of the floor space ratio clause. In addition, it is also considered that the proposal is unlikely to have any implications on State related issues or the broader public interest.

As per Planning Circulars PS 18-003, Council can assume the Director-General’s Concurrence for variations to floor space ratios. The floor space ratio variation is less than a 10% deviation from the standard and may be determined by staff and or the Development Assessment Panel under delegation.

(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

Applicable general provisions

Requirements

Proposed

Complies

· Advertising & Signage

- Signs primarily identifying products or services are not acceptable;

- Signage is not permitted outside property boundaries except where mounted upon buildings and clear of pedestrians and road traffic;

- On-premise signs should not project above or to the side of building facades;

- Where there is potential for light spill from signage in a non residential zone adjoining or adjacent to residential development, illuminated signage is to be fitted with a time switch to dim by 50% or turn off the light by 11pm each night, depending on the nature of the development.

Proposed signage is to advertise the proposed tourist accommodation business.

All signage is mounted on the building.

Signage does not project above the building.

The signage is proposed to be illuminated and there is the potential for light spill to adjacent residential development. The signage is proposed to be fitted with a time switch to dim by 50% or turn off by 11pm each night consistent with the provisions. A consent condition has been recommended to ensure fitment of the time switch and 11pm curfew.

Yes

· Off-street parking in accordance with Table 2.5.1:

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

- Commercial premises require 1 per 30m² of Gross Leasable Floor Area (GLFA).

- Function room requires 1 per 30m² serviced floor area in commercial zones.

Motel accommodation with dual key arrangement:

- 79 units = 86.9

- No onsite manager = 0

- 6 employees = 3

Total for motel = 89.9 spaces.

Commercial premises:

- 347.73m² = 11.59 spaces.

Function Room

- 105.4m² = 3.51 spaces.

Total required parking for dual key arrangement = 105 spaces.

Total parking proposed = 88 spaces.

No*

The modified proposal seeks a variation to clause 2.5.3 which requires onsite parking to be provided in accordance with Table 2.5.1. In accordance with the table above 105 spaces are required to serve the development with 100% occupancy of all units inclusive of 32 dual key units. The modified proposal includes 88 spaces. Thus resulting in a parking shortfall of 17 spaces.

The DCP provides that Council may consider a reduced level of parking where it is supported by a parking demand study that assesses the peak parking demands for the overall development and completed by a suitably qualified and experienced person.

The relevant objectives of the plan are:

- Adequate provision is made for off-street parking commensurate with volume and turnover of traffic likely to be generated by the development.

- To ensure no adverse impacts on traffic and road function.

The application was supported by a traffic impact assessment that included a parking demand analysis. The assessment included a dual occupancy (i.e. dual key) parking sensitivity assessment with an assumed 80% occupancy rate which was considered reasonable and adopted in determining off-street parking demand for the development.

Calculations of parking demand for the modified proposal based on the adopted 80% occupancy rate is provided as follows:

· 79 lettable units at 80% occupancy equates to 63.2 units (i.e. 79 x 0.8 = 63.2). 63.2 units x 1.1 spaces per unit = 69.52 spaces.

· Employees: 6 at 1 per 2 employees (6/2) = 3 spaces.

· Commercial premises: 347.73m² (1 per 30m²) = 11.59 spaces.

· Function Room: 105.4m² (1 per 30m²) = 3.51 spaces.

· Total parking demand required = 87.62 spaces.

Parking proposed is 88 spaces. Having regard to the overall findings of the traffic impact assessment, prepared by a suitably qualified professional, it is considered the proposal as modified will not result in any significant adverse impacts to traffic, parking or road function.

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

No planning agreement has been offered or entered into.

(iv) Any matters prescribed by the Regulations

No matters prescribed by the regulations apply.

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

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

The proposal is considered appropriate in terms of density and will be unlikely to have any adverse impacts to existing adjoining properties and satisfactorily addresses the public domain. The proposal is considered to be consistent with other higher density developments in the locality.

Water Supply

As there is no subdivision or residential occupancy proposed individual water metering to each apartment and commercial tenancy is not required under Councils Water Supply Policy. Condition A13 is proposed to be amended as per revised draft conditions in attachment 1.

Noise

The proposed extension to the motel reception hours from 9pm to 11pm each evening will not result in any significant increased noise impacts. Specifically the number of ‘check ins’ after 9pm is expected to be minimal and given the ground floor reception is enclosed and drop off area located under the main building any noise from ‘check ins’ between 9pm and 11pm is anticipated to be insignificant. Condition F4 is proposed to be amended as per revised draft conditions in attachment 1.

(c) The suitability of the site for the development

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

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

Three (3) 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
The modification to the already approved application will have negative visual, environmental, and economic impact on surrounding businesses, properties and investments.	There is no change to the approved building height, scale or external footprint and design proposed under this modification. No adverse visual or environmental impact would result. The minor increase to the gross floor area proposed and construction of the development will provide a positive economic impact to the central business locality.
Allowing further increase in floor space provides no benefit to the community and just satisfies commercial greed.	Refer to comments under LEP 2011 heading addressing the objectives of the floor space ratio clause and objectives of the exception to development standard clause 4.6.
The impact of an oversized development on surrounding properties and streetscape would be devastating.	There is no change to the approved building height, scale or external footprint and design proposed under this modification.
The building will dominate the streetscape and restrict visibility of the Macquarie Waters building.	There is no change to the approved building height, scale or external footprint and design proposed under this modification.
The further variation to the floor space ratio is unjustified and will lead to oversized development. The planning controls are in place for a reason.	Refer to comments under LEP 2011 heading addressing the objectives of the floor space ratio clause and objectives of the exception to development standard clause 4.6. There is no change to the approved building height, scale or external footprint and design proposed under this modification.
The repetitive pushing of the boundaries is only to the developers benefit and not the community.	The application has been assessed against the relevant planning controls and specifically the objectives of the floor space ratio standard to which the variation is sought. The minor increase to the gross floor area proposed development will provide a positive economic impact to the central business locality and wider community.
There will be increased overshadowing and view impacts to existing buildings due to the oversize nature of the building.	There is no change to the approved building height, scale or external footprint and design proposed under this modification. There will be no further overshadowing or view impacts.
Adverse noise, dust and dirt impacts during construction to adjoining building residents and guests.	Like all development there will be building noise and associated building activity during construction. Standard building construction times apply as per the standard site management consent condition. No changes proposed under the modification.
Impacts to solar panels on the Macquarie Waters building should be undertaken for the summer months. The panels were installed based on the adopted building height controls.	There is no change to the approved building height, scale or external footprint and design proposed under this modification. There will be no further overshadowing impact.
The proposed reception/parking area layout will become a fiasco during peak hours of check in and out.	Vehicular access was considered in assessment of the original application. There is no change to the vehicular entry, exit or drop-off proposed under this modification.
How is storm to be managed pre and post construction?	There is no increase/change to impervious areas under this modification. Stormwater remains capable of being managed pre and post construction. Consent conditions apply regarding full stormwater design details being approved by Council prior to any construction.
What is the electricity and energy sourcing plan for construction and post construction?	Electricity is currently provided to the site. Upgrading arrangements will be regulated by the service provider (Essential Energy). The plans nominate an indicative area at ground floor for a substation.
How will the building design and height impact the vista, view and sunlight on the southern area of Northpoint	There is no change to the approved building height, scale or external footprint and design proposed under this modification. There will be no further overshadowing or view impact.
What is Port Macquarie Hastings-Council’s procedure in relation to noise management and permitted hours of construction, in accordance with Office of Environment & Heritage	As outlined in consent condition A4 the permitted building construction hours are Monday to Saturday from 7.00am to 6.00pm with no work to be carried out on Sundays or public holidays.
How will the building design and height impact the privacy of occupants of Northpoint with people being able to look from Clarence Street directly into living areas and bedrooms of Northpoint	There is no change to the approved building height, scale or external footprint and design proposed under this modification. There will be no further privacy impact.
How will the building design and height impact sunlight on the common terrace area where clotheslines are located (and subsequently impact the drying time of clothes)	There is no change to the approved building height, scale or external footprint and design proposed under this modification. There will be no further overshadowing impact.
From previous experiences the developer is extremely challenging to deal with, threatening to go to Land Environment Court on numerous occasions when requesting access via an easement, to Northpoint’s substation and water services costing the Strata a great deal of money.	Noted.

(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 revised 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.

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

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

Attachments

1 View. DA2018 - 353.2 Recommended Modification Conditions

2 View. DA2018 - 353.2 Clause 4.6 Justification of Variation Report

3 View. DA2018 - 353.2 Contributions Estimate

4 View. DA2018 - 353.2 Section 96 Letter

5 View. DA2018 - 353.2 Amended Plans

6 View. DA2018 - 353.2 Revised Signage Plans.

AGENDA Development Assessment Panel 27/11/2019

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.

An assessment of bushfire risk having regard to section 4.3.5 of Planning for Bushfire Protection 2006 including vegetation classification and slope concludes that a Bushfire Attack Level 12.5, 19 and 29 as per the Bushfire Assessment dated 17 December 2018 shall be required.

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

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 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.

· 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

AGENDA Development Assessment Panel 27/11/2019

Item: 07

Subject: DA 2019 - 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 original application, one (1) submission was received.

The original proposal was amended during the assessment of application.

This application was previously referred to the Development Assessment Panel on 9 October 2019 with a recommendation that the development application be approved subject to the conditions. Determination of 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/additional 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

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

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

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

State Environmental Planning Policy No. 44 - Koala Habitat Protection

There is no Koala Plan of Management on the site. Additionally, the site is less than 1ha in area therefore no further investigations are required. The application has demonstrated that no habitat will be removed or modified therefore no further investigations are required.

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy (Coastal Management) 2018

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

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

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

State Environmental Planning Policy (Infrastructure) 2007

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

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2 - The subject site is zoned IN1 General Industrial.

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

· The objectives of the IN1 zone are as follows:

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

o To encourage employment opportunities.

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

o To support and protect industrial land for industrial uses.

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

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

o The proposal is a permissible landuse;

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

o The development would encourage employment opportunities;

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

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

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

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

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Chapter 3.5 - Industrial Development*
DCP Objective	Development Provisions	Proposed	Complies
3.5.3.1	Minimum setbacks are provided as follows: · 10m from a classified road; · 7.6m from any other road boundary; · 3m from any secondary road frontage.	Minimum setback of 35m to Production Drive from industrial shed component. Minimum setback of 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.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative Impacts

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

(c) The suitability of the site for the development

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

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

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

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

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

Submission Issue/Summary

Planning Comment/Response

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

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

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

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

Condition D11 requires earthworks to be supported during construction.

Impacts of stormwater from upstream properties.

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

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

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

(e) The Public Interest

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

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

5. CONCLUSION AND STATEMENT OF REASON

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

Attachments

1 View. DA2019 - 254.1 Recommended conditions

2 View. DA2019 - 254.1 Plans

3 View. DA2019 - 254 - Contributions estimate

AGENDA Development Assessment Panel 27/11/2019

Item: 08

Subject: DA 2019 - 285.1 Service Station and Take Away Food and Drink Premises at Lots 1 - 3 DP 407749 and Lot D DP 376568. 15 Ocean Drive Port Macquarie and 39 - 43 Ackroyd Street Port Macquarie

Report Author: Development Assessment Planner, Beau Spry

Applicant: RCI Group

Owner: Judy Plunket Pty. Ltd; Ghawdex Pty. Ltd.

Estimated Cost: $2,020,000

Parcel no: 9341, 90, 92

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2019 - 285.1 for a Service Station and Take Away Food & Drink Premises at Lots 1- 3 DP 407749 and Lot D DP 376568. 15 Ocean Drive Port Macquarie and 39 - 43 Ackroyd Street Port Macquarie be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a service station and take away food and drink premises 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.

The proposal has been amended during the assessment of the application.

This report recommends that the development application be approved subject to the attached conditions (Attachment 1).

1. BACKGROUND

Existing Sites Features and Surrounding Development

The combined site has an area of 2983.95m².

The site is zoned B2 Local Centre in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Stage 1: Service Station

· Installation of underground fuel tanks (1 x 50,000 litre diesel, 1 x 30,000 litre Ethanol 10, 1 x 30,000 litre Premium Unleaded 98, 1 x 40,000 litre Unleaded 91 and 1 x 30,000 litre Premium 95);

· Installation of four (4) double sided fuel dispensers (appropriately bunded) and overhead canopy their related infrastructure;

· Construction of 16 car parking spaces, including one accessible space and x 1 air / water bay;

· Installation of x 1 freestanding 8m high ‘Mobil’ internally illuminated pylon sign, located within south-eastern corner;

· Construction of an underground Puraceptor and Stomscak system for waste water discharge management;

· Construction of an underground OSD tank (22.5m3) for stormwater discharge control;

· Installation of indicative business identification signage on the south face of the convenience store;

· ‘Mobil’ pylon sign – 8m in height, 1.9m in width and 0.4m in depth;

· Two (2) illuminated ‘Mobil’ signs on the ‘south’ and ‘east’ faces of the car refuelling canopy;

· Landscaping around the perimeter of the service station and adjacent to the proposed building;

· Landscaping between the Stage 1 and Stage 2 buildings;

· Screened waste storage area;

· Loading zone adjacent to waste storage area;

· Minor excavations to accommodate vehicle accesses/exits.

· 24 hour operation, 7 days a week.

Stage 2: Food and Drink Premises

· Two tenancies for future food and drink premises;

· Development comprises x 2 units 100m2 of GFA, plus 4 internal seats for each and shared 12 external seats;

· New hard stand and parking area for an additional 17 car parking spaces, including 1 disabled car parking space;

· Indicative location of internally illuminated business identification signs on the southern elevation of the proposed outlets;

· Screened waste storage area;

· Loading Zone adjacent to waste storage area;

· Excavations to accommodate vehicle accesses/exits.

· Operating hours 6am to midnight, 7 days a week.

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

Application Chronology

· 18 April 2019 - Application lodged

· 2 May 2019 - Application notified

· 10 - 15 May 2019 - Submissions received

· 22 June 2019 - Site inspection

· 22 June - 11 November - Further information requested and submitted.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

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

Clause 12 of SEPP 33 requires that a Development Application for the purposes of a potentially hazardous industry must include a preliminary hazard analysis (PHA) in accordance with the current circulars or guidelines published by the Department of Planning, Industry and Environment.

The Department has published Hazardous and Offensive Development Application

Guidelines – Applying to SEPP 33 (January 2011). Appendix 3 of The Guideline

identifies Petrol Stations as industries, which may be potentially hazardous. The primary sources of hazard is identified as liquid fuel leaks/spills resulting in possible impacts such as fire and explosions.

Appendix 2 of The Guideline includes a list of information required in

relation to the SEPP 33 risk screening method as follows:

- Hazardous Materials involved in the Proposed Development;

- Dangerous Goods classifications for all Dangerous Goods held on site;

- Quantities of dangerous goods and otherwise hazardous materials involved in

the proposed development;

- Distance from the boundary for each hazardous substance;

- Weekly and annual number of deliveries (and the quantities) of dangerous

goods and otherwise hazardous materials to and from the facility;

- Site Layout plan showing proposed development and any existing

development on site; and

- Locality Plan showing immediate neighbours and their activities and also

showing the nearest residential property.

In this case, the development has the potential to be hazardous given the proposal to store petrol, diesel and ethanol on the site and the provisions of the SEPP apply.

The above information has been satisfactorily addressed in the SEPP 33 Preliminary Hazards Analysis and Summary and the Multi-Level Risk Assessment included in submitted information with the application. Having considered the SEPP, the Multi-Level Risk Assessment, the Preliminary Hazard Analysis, and with the imposition of conditions, the consideration of the SEPP is satisfied.

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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 No. 64 – Advertising and Signage

The proposed development involves the erection of signage across two (2) stages in the form of business/building identification, advertising and wayfinding signage, including;

Stage 1

· ‘Mobil’ pylon sign – 8m in height, 1.9m in width and 0.4m in depth.

· x 2 illuminated ‘Mobil’ signs on the ‘south’ and ‘east’ faces of the car refuelling canopy.

· x 1 indicative internally illuminated sign on the south façade of the service store.

· x 1 tower sign with x 2 indicative internally illuminated business signs (south face).

Stage 1

· x 2 indicative internally illuminated business signs on the southern fascia of the take away/cafes.

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

The following assessment table provides an assessment checklist against the Schedule 1 requirements of this SEPP:

Applicable clauses for consideration	Comments	Satisfactory
Clause 8(a) Consistent with objectives of the policy as set out in Clause 3(1)(a).	The B2 Local Centre zone contains a variety of commercial land uses. The proposed signage is considered to be compatible with the existing and future character of the locality. Proposal is considered consistent with the objectives of the SEPP.	Yes
Schedule 1(1) Character of the area.	In assessing signage and compatibility with character of an area, elements such as scale and any amenity impacts should be considered. In this case the proposal is consistent with the established character of the local centre area. Similar scale signage is evident nearby and potential amenity impacts (such as illumination) can be appropriately managed via conditions.	Yes
Schedule 1(2) Special areas.	The proposed signage does not detract from any areas of environmental or cultural importance. There are no such areas in direct proximity to the subject land.	Yes
Schedule 1(3) Views and vistas.	The proposed signage does not obscure or compromise important views, dominate the skyline or reduce the quality of any views or vistas. The proposed signage has no impact on existing signage in close proximity to the site.	Yes
Schedule 1(4) Streetscape, setting or landscape.	The signage is considered to be acceptable in terms of scale, height, and appearance, and is compatible with the streetscape setting. Similar scale signage is evident nearby at Gordon Street.	Yes
Schedule 1(5) Site and building.	The signage is seen to be standard for a service centre and is considered to be acceptable in terms of scale, height, and appearance. The proposed signage is not considered to detract from important features of the site, proposed building or surrounding development. The location of the proposed signage is considered suitable for the proposed use and appropriate given the proposed service stations position, proposed access arrangements and parking.	Yes
Schedule 1(6) Associated devices and logos with advertisements and advertising structures.	The proposal includes signage which is Intended to ultimately include logos and symbols representing facilities and services offered.	Yes
Schedule 1(7) Illumination.	Low impact lighting is proposed to illuminate the signage at night. These signs will be required to be illuminated at appropriate LUX levels so as to ensure that the signage will not result in unacceptable glare. The proposed illuminated signage is not considered likely to provide a significant safety concern for pedestrians, vehicles or aircraft. Condition recommended requiring lighting to comply with AS4282 - Control of the obtrusive effects of outdoor lighting.	Yes
Schedule 1(7) Safety.	The proposed service station signage is not considered likely to reduce road safety for pedestrians, cyclists or any vehicles utilising a public road. Sightlines to and from the site are not considered likely to be affected.	Yes

State Environmental Planning Policy (Infrastructure) 2007

Clause 104(3)(b)(ii) and (iii) - The DA has been referred to the NSW Roads and

Maritime Service (RMS). The RMS’ advice and other matters requiring

consideration are considered in the assessment of access, traffic and parking

impacts addressed later in this report.

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 B2 Local Centre.

· Clause 2.3(1) and the B2 zone landuse table - The proposed development for a service station & take away food and drink premises are a permissible landuse with consent.

The following landuses in the LEP are relevant to determine and characterise the

proposed use:

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:

(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,

(b) the cleaning of motor vehicles,

(c) installation of accessories,

(d) inspecting, repairing and servicing of motor vehicles (other than body

building, panel beating, spray painting, or chassis restoration),

(e) the ancillary retail selling or hiring of general merchandise or services or

both.

food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following -

(a) a restaurant or cafe,

(b) take away food and drink premises,

(c) a pub,

(d) a small bar.

The objectives of the B2 zone are as follows:

o To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

o To encourage employment opportunities in accessible locations.

o To maximise public transport patronage and encourage walking and cycling.

o To ensure that new developments make a positive contribution to the streetscape and contribute to a safe public environment.

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 service station will encourage employment opportunities;

o The proposal will not have any noticeable adverse impacts on other developments in the precinct;

o The proposal will satisfactorily address the public domain;

o The proposal will provide facilities to meet the day-to-day needs of the surrounding workers/residents.

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 8m for the pylon, 5.5m for the canopy and 4.8m for the building. The building heights complies with the standard height limit of 14.5m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal is 0.13:1.0, which complies with the maximum 1.50:1 floor space ratio applying to the site.

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

(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: Business & Commercial Development*
DCP Objective	Development Provisions	Proposed	Complies
3.4.3.8	Active Frontages: Ground floor levels shall not be used for residential purposes in B1, B2, B3 and B4 zones.	Proposal does not include any ground floor residential use.	Yes
3.4.3.9	A minimum of 50% of the ground floor level front facade is to be clear glazed.	More than 50% clear glazing.	Yes
	Active frontages must consist of one or more of the following: · A shop front. · Commercial and residential lobbies. · Café or restaurant if accompanied by an entry from the street. · Public building if accompanied by an entry from the street.	Active frontage consistent with these requirements.	Yes
	Restaurants, cafés and the like shall provide openable shop fronts to the footpath but must not encroach into footpath.	Proposal includes takeaway food premises within the site boundaries. It does not include cafes opening onto street frontage/footpaths.	Yes
3.4.3.22	The development complies with AS1428—Design for Access and Mobility.	Capable of complying. Details to be submitted with the Construction Certificate application.	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.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	A bulk earthworks plan has been supplied with the application. This plan indicates a cut/fill factor of 1:1 across the site with a maximum 2m cut in localised parts. The above is considered acceptable having regard to the scale of the buildings. 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.	N/A
2.6.3.1	Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint	11 trees proposed to be removed across the site. These include 2x Melaleuca Quinquinervia which are listed as ‘Other Browse’ species on Table 2.6-1 Koala Food Trees of DCP 2013, and are required to be replaced at a ratio of 1:1. The 11 removed trees are proposed to be replaced by 15 medium mature trees, including: · 8x Bush Cherry · 5x Water Gum · 2x Weeping Lilly Pilly These 15 replacement trees also include the replacement KFT species.	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. Existing accesses rationalised or removed where practical.	The site currently has 1x shared driveway existing from Ocean Drive and 1x shared driveway existing from Ackroyd Street. The proposal seeks: · Entry only on Ocean Drive- (northbound – new access point). · Exit only on Ocean Drive - (northbound – includes expansion of existing access). · A combined entry / exit to Ackroyd Street – (east and west bound - includes expansion of existing access).	No * Refer to traffic assessment details later this report.
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking.	Driveway crossings are minimal to the site which proposes a circular functioning driveway.	Yes
2.5.3.3	Off-street parking in accordance with Table 2.5.1. Service Station: 3 per workbay + 1 per employee + min 2 customer Takeaway onsite seating with no drive through: 1 per 5 seats (int/ext) or 1 per 2 seats (int).	The application is accompanied by a Traffic and Parking Impact Study. The proposal comprises two components: Service Station = 3 per workbay + 1 per employee + 2 customer spaces: Workbays = 0 Employees = 1 Customer = 2 (min) Total req 3 spaces Take-Away food and Drink for onsite seating with no drive through, 1 per 5 seats (int/ext) or 1 per 2 seats (int). The specific tenancy of each food premise is unknown so the high rate ‘take away’ will be applied at 12 per 100m2 GFA + seating at 1 per 2 seats. 200m2 GFA = 24 spaces internal for 8 = 4 seats Total required = 28 The overall parking demand of the development is therefore 31 spaces. The submitted plan identifies 32 parking spaces, including 2x disabled spaces, and complies with the minimum requirement.	Yes
2.5.3.7	Customer parking to be easily accessible.	Parking design proposed is at the front of the site and is 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.	Two (2) accessible parking spaces 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	Satisfactory 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 with Council driveway standards. 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.	Concept plans provided. Detailed 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 Ackroyd Street. Detailed 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.	There are 2x loading bays proposed, one each for the Service Station and the Take Away. The loading bay for the Service Station measures 8.8 x 4m, with the Take Away measuring 8.8 x 3.5m. 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.	There are 2x loading bays proposed, one each for the Service Station and the Take Away.	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.	The location and design of the loading bay integrates into the overall design of the building and car parking areas.	Yes
2.5.3.20	Where visible from the public domain, loading bays are located behind the building.	The nature of the proposal as a service station that traditionally has an open well surveilled carpark area, as well as the integration of the loading bays into the overall carparking design mean this is 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. Fuel deliveries will be via articulated vehicle.	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

The proposal seeks to vary Development Provision relating to 2.3.3.1 - Cut and Fill

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 west to east by approximately 2m.

· The cut/fill is required to level the site appropriately for the proposal with a cut/fill factor of 1:1 across the site;

· The bulk of the site requires minimal cut/fill or cut/fill not exceeding 1m;

· 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

Demolition of buildings AS 2601 - Clause 92

Demolition of the existing buildings on the site are capable of compliance with this Australian Standard. An appropriate standard consent condition is recommended.

(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 is a corner block and has a general easterly street frontage orientation to Ocean Drive and southerly street frontage orientation to Ackroyd Street. The site is located within an established B2 local centre area and adjoining the site to the north, east, and west are further B2 local centre zoned premises and to the south are R1 general residential.

· 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 subject to complying with recommended conditions;

· There are no significant adverse privacy impacts.

Roads, Traffic and Transport

The proposal has frontage to Ocean Drive and Ackroyd Street. These roads are sealed public roads under the care and control of Council. Ocean Drive is classified as an Arterial road while Ackroyd Street is classified as a Local road.

The site currently has 1x shared driveway existing from Ocean Drive and 1x shared driveway existing from Ackroyd Street. The proposal seeks:

· Entry only on Ocean Drive- (northbound – new access point).

· Exit only on Ocean Drive - (northbound – includes expansion of existing access).

· A combined entry / exit to Ackroyd Street – (east and west bound - includes expansion of existing access).

The application includes a Traffic Impact Assessment from Intersect Traffic Pty Ltd on 17 April 2019. Findings of the study determined:

· The local and state road network is currently operating within its two-way mid-block technical capacity therefore has spare capacity to cater for development in the area.

· The proposed development could generate up to 144 vtph to and from the site during peak periods of which 75 % of this traffic would be passing trade.

· The local and state road network will not reach its two-way mid-block technical capacity resulting from this development and it is reasonable to conclude the development will not adversely impact on the state and local road network subject to satisfactory intersection performance.

· The proposal will not adversely impact on the operation of intersections within the local and state road network as additional traffic volumes on the road network are less than 2 % of existing traffic flows therefore are considered insignificant.

· The access points are sufficient to allow safe access and manoeuvring for all vehicles.

Deliveries are proposed to be restricted to be form 5am to 12am (midnight) only.

Key issues or recommendations are to be addressed by conditions.

Consistent with RMS requirements, the proposal was referred to the RMS on 13/05/2019. RMS’ review of the proposal determined:

RMS Comment	Response
Ocean Drive is an approved B-Double Route. The site has not been designed to cater for these larger fuel tankers.	The proposal is not aimed at catering to truck stop / highway service centre traffic, of which significant large-truck movements occur.
The site does not provide any parking for longer light vehicles with trailers.	The proposal is aimed at catering to refuelling vehicles predominantly. There is sufficient room under the canopy for longer vehicles to park temporarily.
The area used to unload fuel by a semi-trailer will need to be coned-off during these operations. This will block traffic entering and exiting to Ocean Drive and could result in queuing.	Refuel movement times are capable of being conditioned to occur in off-peak periods.
The swept paths for a semi-trailer will require the use of all three lanes of Ocean Drive. The site should be designed so a service vehicle can enter and leave from the kerbside lane of Ocean Drive.	Revised entry and exit layout provided and swept paths demonstrating entry and exit is achievable from within the kerbside lane of Ocean Drive.
Any regulatory facility will need to be referred to Council’s Traffic Committee for a recommendation prior to installation.	No regulatory facility proposed.
Council should be satisfied the site will operate safely and efficiently for the density of development being proposed.	Reviewed by Council’s Engineering team and noted.
The Statement of Environmental Effects indicates a Section 138 of the Roads Act will be triggered. Concurrence from Roads and Maritime will need to be obtained prior to the approval of Construction Plans. The above matters will be considered and influence Roads and Maritimes decision in respect to issuing a concurrence.	Reviewed by Council’s Engineering team and noted.

Key issues or recommendations to be addressed by conditions.

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.

Parking and Manoeuvring

A total of 32 parking spaces, including 2 disabled spaces have been provided on-site. Parking and driveway widths on-site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements.

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

Refer to relevant conditions of consent.

Water Supply Connection

Council records indicate that two of the development sites each have a 20mm sealed 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. Existing water services no longer required are to be disconnected at the main and a request for this is to accompany the application for water meter hire. Any water main fittings (hydrants, stop valves etc.) shall be moved clear of driveways if required, at no cost to Council.

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 sites are traversed by a 150mm AC sewer line with four existing junctions. The AC sewer main within the development site shall be removed and replaced with a PVC main in accordance with Council’s Auspec engineering specifications at no cost to Council. Any other abandoned sewer junctions are to be capped off at Council’s sewer main. Footings and/or concrete slabs adjacent to sewer lines are to be designed so that no loads are imposed on the infrastructure.

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 Ocean Drive street frontage and is currently serviced by a drainage system to piped public infrastructure at 15 Ocean Drive for an existing building, and on-site disposal for existing dwelling at 43 Ackroyd Street.

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater pit/pipeline within Ocean Drive, near the north-eastern extent of the development site. The public drainage system drains to the south east, via a mixture of pipe, culvert, and swale systems, eventually into Koolonbung Creek. Throughout the downstream catchment are known stormwater related issues.

Stormwater from the proposed development is planned to be disposed via a 375mm pipeline to an existing surface inlet pit located on Ocean Drive, at the north eastern corner of the development site, which is consistent with the above requirements.

On-site detention (OSD) is required to limit total site discharge for the proposed development to pre-development (Greenfield) conditions. The development site currently has two buildings, which are impervious areas. Existing stormwater related issues are known throughout the downstream catchment area, therefore, providing on-site detention for the development site to limit discharge to greenfield conditions will provide a positive effect to downstream catchment systems.

The proposed design demonstrates that a below ground OSD tank (38.4m³volume) will be used. Submitted pre versus post development flow calculations indicate that post development site discharge is less than greenfield conditions, conforming to the requirements of AUSPEC D5.

Water quality provisions for the development site are required, as the site area is greater than 2500m². The proposed design demonstrates that water quality modelling using MUSIC software has been conducted. The results from MUSIC modelling demonstrate that proposed treatment systems, which include internal sand filtration in OSD tank and SPEL storm sacks in surface inlet pits, meet the water quality targets set out in AUSPEC D7.

Treatment of stormwater captured from high risk (refuelling) areas is required, which typically utilises a SPEL Puraceptor oil separation system (or equivalent), prior to water entering the stormwater system.

A SPEL Puraceptor oil separation system has been proposed to treat water captured within the refuelling area prior to the water being discharged to the stormwater system. The refuelling area is roofed, and plans indicate that surrounding hardstand areas are grading away from the refuelling catchment, therefore minimising expected flows to the oil separation unit. The SPEL Puraceptor unit is typical for service station applications.

Interallotment drainage is required to provide a legal point of connection for neighbouring upstream properties 45 Ackroyd Street and 164 Gordon Street, which naturally grade towards this development.

Interallotment drainage has been proposed in the design, which is demonstrated in stormwater plans to traverse the western and northern boundaries of the development site as a piped system, as per interallotment specification in AUSPEC D5.

As the proposed development will consist of two separate Torrens Lots (Food outlet one Lot, Service station second Lot), the creation of appropriate easement to drain water is required over the downstream Lot.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

Air and microclimate

Flora and fauna

Construction of the proposed development will require removal/clearing of eleven (11) trees. The following comments are provided to justify the appropriateness of recommending support to the removal of the subject trees:

· The site is zoned B2 local centre and surrounded by existing urban and commercial development. The existing vegetation is an isolated patch and is not mapped in biodiversity values mapping. Given the location of the site in an established urban environment, and the nature of the proposal being acceptable by SEPP, LEP and DCP standards, the removal of the existing trees is considered acceptable.

Subject to the offset planting to be completed prior to occupation commencing; the proposal will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna subject to the recommended consent condition. Part 7 of the Biodiversity Conservation Act is considered to be satisfied.

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables by private waste collection. 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 Section J of the Building Code of Australia. No adverse impacts anticipated.

Noise and vibration

The Acoustic Report provided undertaken by Reverb Acoustics recommends acoustic barriers to be erected at the perimeter of roof-top exhaust plant of the food tenancies; a 2100mm high acoustic fence to be erected on the west site boundary and solid fencing required for the service yards. These are incorporated into the conditions.

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

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The nature, orientation and design of the proposal will improve natural surveillance within the locality.

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

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
Concern regarding potential for polluting elements including noise pollution, air pollution and light pollution.	Noise considerations and the Noise Impact Assessment were reviewed by Council’s Environmental Health Officer, with concerns addressed via conditions. Condition D037 regards restrictions on noise during construction. Condition E197 references the need for noise certification of the site operations in line with the endorsed Noise Impact Assessment Report No.19-2288-R1, to be supplied prior to issue of Occupation Certificate. Condition F024 references restrictions noise generation as part of the ongoing operation of the development. Condition A197 requires the that the design, installation, testing and commissioning of the Underground Petroleum Storage System (UPSS) is carried out by Duly Qualified Person(s) in accordance to relevant Australian Standard(s), UPSS Regulation 2019, Clean Air Regulation, 2010 - VR1, relevant NSW EPA requirements, guidelines, codes of practice, etc., and industry best practice. Condition E196 requires the Stage 1 Vapour Recovery (VR1) system to be certified by a qualified practitioner to requirements set out under the POEO (Clean Air) Regulation 2010 and relevant EPA standards prior to issue of Occupation Certificate. Condition F036 restricts the impact of exterior lighting on the amenity of the surrounding area by light overspill. Condition F037 regards the illumination of signage and prohibits flashing and requires signage illumination to dim by 50% at 9pm.
Traffic congestions, particularly associated with Ackroyd and Ocean Drive intersections.	Council’s Engineers and the RMS have reviewed the proposal and have addressed the concerns through both revised plans and conditions.
Concerns around perceived inadequacy of landscaping.	The proposal includes a detailed landscaping plan prepared by a landscaping consultant. The proposal includes landscaping along perimeters and within the site including screening service areas. The plan proposes >500 plantings of varying sizes including a high proportion of native species and native medium mature trees as well as the required 2x KFT replacements. Condition E061 requires landscaping to be completed prior to issue of Occupation Certificate.

(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 in accordance with Section 7.12 of the Environmental Planning and Assessment Act 1979.

· 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 - 285.1 Plans

2 View. DA2019 - 285.1 Contributions Estimate

3 View. DA2019 - 285.1 Acoustic Report

4 View. DA2019 - 285.1 SoEE

5 View. DA2019 - 285.1 Recommended Conditions

AGENDA Development Assessment Panel 27/11/2019

Item: 09

Subject: DA 2019 - 529.1 2 Lot Torrens Title Subdivision at Lot 1 DP 1129200, No. 104 Greenmeadows Drive, Port Macquarie

Report Author: Development Assessment Planner, Chris Gardiner

Applicant: B R Development Consulting Pty Ltd

Owner: P A & K M Daly

Estimated Cost: Nil

Parcel no: 49115

Alignment with Delivery Program

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

RECOMMENDATION

That DA2019 - 529.1 for a 2 Lot Torrens Title Subdivision at Lot 1, DP 1129200, No. 104 Greenmeadows Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a 2 lot Torrens title subdivision at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, one submission was received.

This report recommends that the development application be approved subject to the attached conditions (Attachment 1).

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 2255m².

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:

· Subdivision of the land into 2 Torrens title lots.

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

Application Chronology

· 23 July 2019 - Application lodged.

· 29 July 2019 to 12 August 2019 - Neighbour notification.

· 20 August 2019 - Bushfire Safety Authority issued by NSW Rural Fire Service.

· 26 August 2019 - Additional information requested from Applicant.

· 3 October 2019 - Further additional information requested from Applicant.

· 22 October 2019 - Additional information submitted.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy No. 55 – Remediation of Land

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

Port Macquarie-Hastings Local Environmental Plan 2011

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

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

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 would provide an additional residential lot to meet the housing needs of the community.

· Clause 4.1 - The lot sizes within the proposed subdivision range from 1059m² to 1202m². All proposed lots comply with the minimum lot size of 450m² identified in the Lot Size Map relating to the site.

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

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

(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 3.6 - Subdivision*
DCP Objective	Development Provisions	Proposed	Complies
3.6.3.1	A site analysis is required for all development and shall illustrate: · microclimate; · lot dimensions; · north point; · existing contours and levels to AHD; · flood affected areas; · overland flow patterns, drainage and services; · any contaminated soils or filled areas, or areas of unstable land; · easements and/or connections for drainage and utility services; · identification of any existing trees and other significant vegetation; · any existing buildings and other structures, including their setback distances; · heritage and archaeological features; · fences; · existing and proposed road network, including connectivity and access for all adjoining land parcels; · pedestrian and vehicle access; · views to and from the site; · overshadowing by neighbouring structures; and · any other notable features or characteristics of the site.	Adequate site analysis plan submitted.	Yes
3.6.3.2	Torrens title lots minimum width of 15m when measured at a distance of 5.5m from front property boundary.	Both lots greater than 15m wide.	Yes
	Minimum width of 7m when boundaries are extended to kerb line.	Both lots wider than 7m when boundaries are extended to the kerb line.	Yes
	Minimum depth of 25m.	Both lots greater than 25m deep.	Yes
	For lots where average slope of the site is equal to, or exceeds 16%, indicative road and driveway grades are required demonstrating satisfactory access.	N/A	N/A
	Subdivision of dual occupancy development or multi dwelling housing where permissible in the LEP may create allotments smaller than 450m² if: · Each lot to be created is part of a community or strata title scheme, or · Is part of an integrated Torrens title housing development.	N/A	N/A
3.6.3.3	Battleaxe lots discouraged in greenfield development.	None proposed.	Yes
3.6.3.3	Council may consider permitting Torrens Title battleaxe allotments for ―infill development where it is demonstrated that; · a Torrens Title lot, that is not a battleaxe lot, cannot be achieved; and · the number of crossovers do not reduce the amenity of the street or on street parking; and · the impact of noise, dust and headlights on the land owners adjoining the driveway is addressed by the construction of an acoustic fence for the full length of the driveway; and · addresses privacy between the rear lot and the rear open space of the front lot by the provision of · adequate screening, larger lot size and setbacks; and · extends utilities to the end of the axe handle; and · there is sufficient space for garbage collection on the frontage.
3.6.3.4	Lots are to be designed to allow the construction of a dwelling, which does not involve more than 1m cut, or fill, measured from natural ground level, outside the dwellings external walls.	Lot 2 capable of accommodating a dwelling without excessive cut/fill	Yes
	Lot sizes increased for sloping sites in accordance with Table 3.6.1.	Lot size complies with minimum area for slope category.	Yes
	Additional information provided for slope categories in accordance with Table 3.6.2.	Adequate information provided.	Yes
3.6.3.5	Wherever possible orientate streets to maximise the number of east, west and south facing lots and to minimise the number of narrow north facing lots. Residential street blocks should preferably be orientated north-south with dimensions generally limited to 60-80m by 120-150m as illustrated in Figure 3.6-2.	N/A - Existing street.	N/A
3.6.3.5	Lot size and shape are to reflect orientation to ensure future dwelling construction has optimal opportunity for passive solar design.	Lot sizes comply.	Yes
3.6.3.6	Kerb and guttering, associated street drainage, pavement construction and foot paving across the street frontages should be constructed as part of the subdivision works where these do not exist (may be varied subject to criteria in this clause)	Existing kerb and gutter and street drainage. Footpath is not required as proposal is for 2 lot subdivision only.	Yes
3.6.3.13	Development for the subdivision for land or major residential development should provide footpaths on both sides of all collector and arterial roads.	Footpath is not required as proposal is for 2 lot subdivision only.
3.6.3.17 - 3.6.3.19	An application for subdivision should be accompanied by a Stormwater Management Strategy prepared by a certified practicing engineer and in accordance with Council’s adopted Aus-Spec design specification documents. The finished floor level of buildings should be above the 100 year ARI flood level (plus freeboard) and in accordance with the council’s current flood policy.	Concept stormwater plan submitted.	Yes
3.6.3.20	Water supply to meet Council’s design specifications.	See comments under Water Supply Connection later in this report.
3.6.3.21 - 3.6.3.22	All lots connected to reclaimed water if available.	Not available.	N/A
3.6.3.24	Separate sewer junction provided for each lot.	See comments under Sewer Connection later in this report.
3.6.3.25	Extension of sewer infrastructure at cost of developer.	See comments under Sewer Connection later in this report.
3.6.3.26 - 3.6.3.27	Erosion and sediment control plan to be provided.	Standard condition recommended requiring erosion and sediment control.	Yes
3.6.3.34	All service infrastructure should be underground unless otherwise approved by Council.	Standard condition recommended requiring satisfactory arrangements certification from service providers.	Yes
	All service infrastructure should be installed in a common trench.
	Conduits for the main technology network system should be provided in all streets.
	Conduits are to be installed in accordance with the National Broadband Network Company Limited’s ‘Guidelines for Fibre to the Premises Underground Deployment’.
	Access pits are to be installed at appropriate intervals along all streets.

*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.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Less than 1m of cut or fill proposed.	Yes
2.3.3.2	1m max. height retaining walls along road frontages	N/A	N/A
2.3.3.2	Any retaining wall >1.0 in height to be certified by structural engineer	N/A	N/A
2.3.3.8 onwards	Removal of hollow bearing trees	None proposed to be removed.	N/A
2.6.3.1	Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint	None 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 local road.	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.

(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

No matters prescribed by the regulations are applicable to the proposal.

(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 northerly street frontage orientation to Greenmeadows Drive.

Adjoining the site to the north is a seniors housing development. Adjoining the site to the east, south, and west are residential uses.

The proposal will not have any significant adverse impacts to existing adjoining properties.

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

Roads

The site has road frontage to Greenmeadows Drive. Adjacent to the site, Greenmeadows Drive is a sealed public road under the care and control of Council. Greenmeadows Drive is a Collector road with a 9m road width within a 20m road reserve. Directly in front of the property there is road calming, where the road width narrows to 7m for approximately 10m. A 1.2m footpath terminates at the western boundary of the property. There is SE kerb and gutter in the street, a kerb inlet pit directly out the front and a street light pole on the western side of the traffic calming.

Traffic and Transport

The site is currently approved for residential use permitted to generate 9 daily trips. This development proposes to generate an additional 9 daily trips. The addition in traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

Site Frontage and Access

There is site frontage onto Greenmeadows Drive. Driveway location can be determined with future applications relating to dwelling construction.

Parking and Manoeuvring

Parking and driveway widths on site are capable of complying with relevant Australian Standards (AS 2890) and conditions will be imposed to reflect these requirements, on future applications relating to dwelling construction. The subdivision would not compromise the parking and manoeuvring areas for the existing dwelling on proposed Lot 1.

Water Supply Connection

Council records indicate an existing 150mm PVC water main on the same side of Greenmeadows Drive. Each proposed lot is to be provided with a sealed 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 engineering plans are required to be submitted to Council’s Water and Sewer Section with the Section 68 application.

Sewer Connection

Council records indicate that the development site is currently connected to Sewer via a junction to the existing sewer main, which runs inside the northern development lot boundary. Detailed engineering plans are required to be submitted to Council’s Water and Sewer Section with the Section 68 application.

A separate sewer connection to Councils main is required for each Torrens title lot.

Stormwater

The site naturally grades towards the north-west of the property and is currently serviced via a direct connection to the public piped drainage system.

The legal point of discharge for the proposed development is defined as a kerb adapter discharging to Greenmeadows Drive. The existing trees positioned within proposed Lot 2, which are required to be retained, may cause issues for a pit and pipe system traversing through the root zone of these trees, therefore, kerb discharge towards the north-western edge of proposed Lot 2 is considered appropriate. The provision of a stormwater junction discharging to the kerb along Greenmeadows Drive is required as part of the subdivision works.

The likely location for a driveway access to proposed Lot 2 is towards the north-western edge to avoid trees and appropriate entry to dwelling area. With consideration to drainage of the driveway, it is likely that driveway runoff could be contained within a private piped drainage system discharging to the kerb, or driveway runoff directed towards the existing natural depression in the site, away from neighbouring private property.

Details of how natural surface runoff from upstream neighbouring properties will managed shall be required for future dwelling DA proposals.

The natural depression on the site cannot be filled due to retained trees. Works will be required to ensure the existing headwall structure, which currently drains the depression to the public piped system, provides a child safe inlet structure.

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.

Other Utilities

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

Heritage

No known items of Aboriginal or European heritage significance exist on the property. No adverse impacts anticipated. The site is considered to be disturbed land.

As a precaution, a condition of consent has been recommended that works are to cease in the unexpected event heritage items are found. Works can only recommence when appropriate approvals are obtained for management and/or removal of the heritage item.

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 requiring erosion and sediment controls to be in place prior to and during construction.

Air and microclimate

Flora and fauna

Proposed Lot 2 is currently subject to a title restriction as follows:

The restriction was put in place to ensure that the subdivision that created the lot was consistent with the Koala Plan of Management (KPoM) prepared by Eco Pro as part of DA1997 - 257. The provisions of this Plan have since been superseded by a new KPoM prepared as part DA2012 - 3 for residential aged care facility on adjoining land to the north. The latest KPoM no longer includes any operational provisions relating to the land on the southern side of Greenmeadows Drive.

Council has also granted consent in 2010 under tree consent 400.2010.56.1 for the removal of some of the trees originally protected by this restriction and only part of the vegetation remains on site.

The Applicant has demonstrated that a suitable building envelope is available on proposed Lot 2 that would allow for protection of all the existing trees. On this basis, it is considered reasonable to vary parts (a) and (b) of the restriction to allow for a dwelling to be constructed within the designated building envelope, and also allow access and parking for vehicles associated with a dwelling. The Development Assessment Panel has delegation to authorise variation of a Section 88B instrument in determining a development application for subdivision of land.

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

No adverse impacts anticipated. The proposed subdivision would create a lot capable of accommodating an energy efficient dwelling in the future.

Noise and vibration

Bushfire

The site is identified as being bushfire prone.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

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.

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

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

One written submission was received following public exhibition of the application. A copy of the written submission has been provided separately to members of the DAP.

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

Submission Issue/Summary	Planning Comment/Response
There is an easement through the rear of No. 42 Treeview Way that does not permit erection of structures. Assume that the easement will extend through the subject site.	The inter-allotment stormwater drainage easement through the rear of No. 42 Treeview Way does not extend through the subject site.
Concerns about overland flow impacting neighbouring properties when Lot 2 is developed.	Proposed Lot 2 is capable of being drained to Greenmeadows Drive. Any application for future development on Lot 2 would need to accommodate natural surface runoff from upstream neighbouring properties and drain it to a legal point of discharge. It is considered that this would provide an improved outcome for neighbouring properties.
Removal of trees from the site will be detrimental to the local Koala population. When the site was originally subdivided no trees were permitted to be removed.	The proposal has been amended to retain all of the existing trees.

(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.

· 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 - 529.1 Recommended conditions

2 View. DA2019 - 529.1 Plan

3 View. DA2019 - 529.1 Contributions estimate

AGENDA Development Assessment Panel 27/11/2019

Item: 10

Subject: DA 2019 - 652.1 Animal Training Establishment at Lot 11 DP 1043006, No. 34 Isabel Place, Wauchope

Report Author: Development Assessment Planner, Beau Spry

Applicant: Scott Wallis, Jade Wallis

Owner: Scott Wallis, Jade Wallis

Estimated Cost: $98, 327

Parcel no: 39413

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2019 - 652.1 for an Animal Training Establishment at Lot 11 DP 1043006, 34 Isabel Place Wauchope, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Development Application for an animal training establishment 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 414860.56m².

The site is zoned RU1 primary production 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:

The site is rural and has access to Isabel Place and slopes gently towards the east.

There are existing large lot dwellings to the west and east, and further RU1 land to the north and south. The site adjoins the North Coast Railway to the west and E2 environmental conservation land to the east, which also partially bisects the site to the south.

The proposal is not considered exempt under Subdivision 16 owing to its proximately to the rail corridor and its proximity to coastal wetlands.

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Erection of a 60 x 20m steel shed with reinforced concrete floor for use as a domestic horse training facility.

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

Application Chronology

· 18 September 2019 - Application lodged

· 19 September 2019 - Further information requested

· 24 September 2019 - Application notified

· 25 September 2019 - Submission received

· 11 October 2019 - Submission received

· 18 October 2019 - Site inspection

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

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. 64 – Advertising and Signage

Application is for private operation only, there is no advertising proposed.

State Environmental Planning Policy (Coastal Management) 2018

The site is located within a proximity area to coastal wetlands.

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 11 of the SEPP the proposed development is not considered likely to result in any of the following:

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

· wetland or littoral rainforest; or

(b) the quantity and quality of surface and ground water flows to and from the

· adjacent coastal wetland or littoral rainforest.

The development proposes a 60m x 20m arena shed with 4x 32000L rainwater tanks. The overflow pathway is an existing drainage channel terminating into an existing farm dam and supported by onsite rubble erosion control. Given the size of the hardstand space, the proposed tank capacity and the rural nature of the block, the overflow run offs are expected to be limited and the onsite mitigation is considered adequate.

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

State Environmental Planning Policy (Infrastructure) 2007

Relevant clauses from the SEPP that require consideration are included below along with comment from Council staff:

Clause 84: Development involving access via level crossings

(1) This clause applies to development that involves:

(a) a new level crossing, or

(b) the conversion into a public road of a private access road across a level crossing, or

(c) a likely significant increase in the total number of vehicles or the number of trucks using a level crossing as a result of the development.

(2) Before determining a development application for development to which this clause applies, the consent authority must:

(a) within 7 days after the application is made, give written notice of the application to the rail authority for the rail corridor, and

(b) take into consideration:

(i) any response to the notice that is received within 21 days after the notice is given, and

(ii) the implications of the development for traffic safety including the costs of ensuring an appropriate level of safety, having regard to existing traffic characteristics and any likely change in traffic at level crossings as a result of the development, and

(iii) the feasibility of access for the development that does not involve use of level crossings.

(3) Subject to subclause (5), the consent authority must not grant consent to development to which this clause applies without the concurrence of the rail authority for the rail corridor.

(4) In determining whether to provide concurrence, the rail authority must take into account:

(a) any rail safety or operational issues associated with the aspects of the development, and

(b) the implications of the development for traffic safety including the cost of ensuring an appropriate level of safety, having regard to existing traffic and any likely change in traffic at level crossings as a result of the development.

(5) The consent authority may grant consent to development to which this clause applies without the concurrence of the rail authority for the rail corridor if 21 days have passed since the consent authority gave notice under subclause (2) (a) and the rail authority has not granted or refused to grant concurrence.

(6) The consent authority must provide the rail authority for the rail corridor with a copy of the determination of the application within 7 days after the determination is made.

(7) In this clause:

level crossing means a level crossing over railway lines.

traffic includes rail, road and pedestrian traffic.

Comment: The proposal is for a private domestic horse training facility. The proposal does not involve a new level crossing, conversion into a public road of a private access road across a level crossing and will not likely significant increase in the total number of vehicles or the number of trucks using a level crossing as a result of the development. No further consideration required.

Clause 85: Development immediately adjacent to rail corridors

(1) This clause applies to development on land that is in or immediately adjacent to a rail corridor, if the development:

(a) is likely to have an adverse effect on rail safety, or

(b) involves the placing of a metal finish on a structure and the rail corridor concerned is used by electric trains, or

(c) involves the use of a crane in air space above any rail corridor.

(2) Before determining a development application for development to which this clause applies, the consent authority must:

(a) within 7 days after the application is made, give written notice of the application to the chief executive officer of the rail authority for the rail corridor, and

(b) take into consideration:

(i) any response to the notice that is received within 21 days after the notice is given, and

(ii) any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette.

Comment: The proposed development will not impact on rail safety, place a metal finish or use cranes over the rail corridor. No further consideration required.

86 Excavation in, above, below or adjacent to rail corridors

(1) This clause applies to development (other than development to which clause 88 applies) that involves the penetration of ground to a depth of at least 2m below ground level (existing) on land:

(a) within, below or above a rail corridor, or

(b) within 25m (measured horizontally) of a rail corridor, or

(b1) within 25m (measured horizontally) of the ground directly below a rail corridor, or

(c) within 25m (measured horizontally) of the ground directly above an underground rail corridor.

(2) Before determining a development application for development to which this clause applies, the consent authority must:

(a) within 7 days after the application is made, give written notice of the application to the rail authority for the rail corridor, and

(b) take into consideration:

(i) any response to the notice that is received within 21 days after the notice is given, and

(ii) any guidelines issued by the Secretary for the purposes of this clause and published in the Gazette.

(3) Subject to subclause (5), the consent authority must not grant consent to development to which this clause applies without the concurrence of the rail authority for the rail corridor to which the development application relates.

(4) In deciding whether to provide concurrence, the rail authority must take into account:

(a) the potential effects of the development (whether alone or cumulatively with other development or proposed development) on:

(i) the safety or structural integrity of existing or proposed rail infrastructure facilities in the rail corridor, and

(ii) the safe and effective operation of existing or proposed rail infrastructure facilities in the rail corridor, and

(b) what measures are proposed, or could reasonably be taken, to avoid or minimise those potential effects.

(5) The consent authority may grant consent to development to which this clause applies without the concurrence of the rail authority concerned if:

(a) the rail corridor is owned by or vested in ARTC or is the subject of an ARTC arrangement, or

(b) in any other case, 21 days have passed since the consent authority gave notice under subclause (2) (a) and the rail authority has not granted or refused to grant concurrence.

Comment: The proposal does not propose penetration of ground to a depth of at least 2m below ground level (existing) on land. No further consideration required.

Clause 87 Impact of rail noise or vibration on non-rail development

(1) This clause applies to development for any of the following purposes that is on land in or adjacent to a rail corridor and that the consent authority considers is likely to be adversely affected by rail noise or vibration:

(a)  a building for residential use,
(b)  a place of public worship,
(c)  a hospital,
(d)  an educational establishment or child care centre.

(2) Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette.

(3) If the development is for the purposes of a building for residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a) in any bedroom in the building—35 dB(A) at any time between 10.00 pm and 7.00 am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

Comment: The proposal is for a private dressage riding practice arena and does not trigger the criteria of (1a, b, c, d, e) or (3). No further consideration required.

In addition, the development does not trigger any of the traffic generating development thresholds of Clause 104. Referral to the NSW Roads and Maritime Services is not required.

Based on the above, the proposed development addresses relevant clauses in the SEPP and is unlikely to create any conflict in terms of traffic, noise or rail corridor impacts.

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

The property is zoned RU1 Primary Production and is boarded by further rural zones to the north and south, and large lot residential to the east and west.

· The proposal is not considered to adversely effect the existing use of the land and surrounding property, which will continue to be utilised for farming and/or large lot residential in a rural setting.

· The proposal is considered consistent with zone objectives and is not expected to result in fragmentation or de-intensification of the agricultural land.

· The proposal is not considered to have a significant impact on existing neighboring land uses, which can also best be considered as farming and/or large lot residential in a rural setting.

Considering the above, the elements of SEPP are considered satisfied.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2 - The subject site is zoned RU1 Primary Production.

· Clause 2.3(1) and the RU1 zone landuse table - The proposed development for an animal training establishment is a permissible landuse with consent.

The objectives of the RU1 zone are as follows:

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

· To encourage diversity in primary industry enterprises and systems appropriate for the area.

· To minimise the fragmentation and alienation of resource lands.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

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

· The proposal is a permissible landuse;

· The proposal will not have any adverse impacts on agricultural landuse potential and/or lead to identifiable landuse conflicts;

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

· Clause 7.1 - Part of the site to the north-east is mapped as potentially containing class 5 acid sulfate soils, although the area of the proposal is located to the north-west and is not expected to be within the affected area. Regardless, the proposed development includes concrete slab and piers and no excavation extending 1.5m below the natural surface level is proposed, therefore no adverse impacts are expected.

(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

Development comprises a steel shed on concrete slab to accommodate horse dressage animal training.

Overall height of the development is 6.04m

and is located a minimum distance of approximately 10m from the northern and western property boundaries and approximately 200m from Isobel Place to the west.

Acceptable considering established rural property, onsite boundary setbacks and generous distance from adjacent R5 zone to west, no detrimental effects to general amenity of the area.

(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 is a rural RU1 allotment with access from Isabel Place. To the north and south are further RU1 lots. To the east is band of approximately 80m wide E2 buffering R5 large lot residential. To the west is predominantly also R5 large lot residential buffered by the North Coast Railway corridor. The proposal will be unlikely to have any adverse impacts to existing adjoining properties or the public domain.

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

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

· There are no significant adverse privacy impacts.

· There are no significant adverse overshadowing impacts. The proposal does not prevent adjoining properties from receiving 3 hours of sunlight to private open space and primary living areas on 21 June between the hours of 9am and 3pm.

Roads, Traffic and Transport

The site is rural in location and nature and has access from Isabel Place, a sealed local road under the care of Council. The traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality. The access traverses the North Coast Railway and has been addressed under the SEPP Infrastructure section of this report.

Site Frontage and Access

No new roads, access or parking proposed. The development does not change the existing situation.

Parking and Manoeuvring

The proposal has indicated a maximum of six (6) horses to kept on the property with one (1) utilising the arena at any one time. Therefore, the proposal requires a minimum of 2x spaces. The development does not propose any permanent parking area, however being a 41.5ha rural property there is ample room onsite for informal/temporary parking areas to cater for the proposal.

Water Supply Connection

Town Water not available. Proposal is for a horse training shed only. 4x 32,000L rainwater tanks are proposed as part of the development.

Sewer Connection

Town Sewer Reticulation not available. Proposal is for a horse training shed only and no new toilet facilities proposed.

Stormwater

Proposal includes provision for 4x 32,000L rainwater tanks. Stormwater overflow is proposed to be discharged into an existing drainage channel and dam catchment.

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. Additionally.

Other land resources

The site is within an established rural 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

Air and microclimate

Flora and fauna

Waste

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

Noise and vibration

The proposal is for a private domestic horse training facility. Noise to adjoining properties is not considered an issue owing to adequate separation between the proposed shed and neighbouring properties and the private non-commercial nature of the proposal.

Bushfire

The site is identified as being bushfire prone. However, the proposal is for a horse training shed only (class 10a). The site is well separated from any bushfire threat by existing roads and buildings.

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

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

Planning Comment/Response

Permissibility and suitability of the proposal, including:

· Nature of the proposal as a commercial or private operation;

· Nature of the animal training to be undertaken and noise from music or public address systems;

· Hours of operation, proposed number of clients and staff;

· Noise generated by activities on the existing property;

The proposed use is permissible with consent. The site is zoned RU1 and ‘animal boarding or training establishments’ are permissible under the Port Macquarie-Hastings LEP 2011.

The proponent has indicated that the proposal is for private use only for dressage riding practice for horses (1 at a time with approximately 6 kept on the farm).

No music or public address systems are proposed as part of this application. Condition (F024) relates to the limitation of offensive noise.

Site suitability and impact on surrounding neighbours, including:

· The rural amenity of the area;

· Loss of privacy;

· Obstruction of views;

The proposed use is permissible with consent. The site is zoned RU1 and ‘animal boarding or training establishments’ are permissible under the Port Macquarie-Hastings LEP 2011. The property is currently a working farm with approximately 60 head of cattle existing and the proposed horses.

In regards to privacy, amenity, and obstruction of views; the proposed structure is setback approximately 100m from the nearest dwelling, across the North Coast Railway train line and a stand of established trees on the eastern boundary the nearby dwellings. The shed is a frame-structure with open sides and ends, minimising the appearance of bulk in the landscape.

Condition (F036) restricts exterior light so as not to cause nuisance or overspill to neighbouring properties.

Concerns related to access, traffic and utilities, including;

· Dust and deterioration of Isobel Place roadway;

· Issues and potential hazard related to the railway crossing;

· Onsite parking;

· Rainwater collection;

· Current increase in water truck deliveries;

Isabel Place is the designated access to serve Lot 11 DP1043006. It should be expected that the nature of traffic will be more diverse than what could simply be expected for a standard residential zone.

Assessment related to the proximity of the North Coast Rail line was considered elsewhere in this report.

The site is rural in nature and is approximately 41ha in size; it is considered there is ample availability of parking on site to accommodate the private horse dressage training shed.

The proponent has indicated that the current truck deliveries are whey deliveries to support the stock during the drought period.

(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 not be required under S64/S7.11 for the following reasons:

· Cost of works is under $100,000;

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 - 652.1 Recommended Conditions

2 View. DA2019 - 652.1 Plans

Member	28/08/19	11/09/19	25/09/19	09/10/19	23/10/19	13/11/19
Paul Drake	P	P	P	P	P	Cancelled
Robert Hussey	P	P		P
David Crofts (alternate member)			P		P
Dan Croft (Group Manager Development Assessment) (alternates) - Director Development & Environment - Development Assessment Planner	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.