Development Assessment Panel

 

Business Paper

 

date of meeting:

 

Wednesday 12 February 2020

location:

 

Function Room

Port Macquari-Hastings Council

17 Burrawan Street

Port Macquarie

time:

 

2:00pm

 


Development Assessment Panel

 

CHARTER

 


 

 

1.0     OBJECTIVES

 

To assist in managing Council's development assessment function by providing independent and expert determinations of development applications that fall outside of staff delegations.

 

 

2.0     KEY FUNCTIONS

 

·                To review development application reports and conditions;

·                To determine development  applications  outside  of staff delegations;

·                To  refer development  applications to  Council for  determination  where necessary;

·                To provide a forum for objectors and applicants to make submissions on applications before  the Development Assessment Panel (DAP);

·                To maintain transparency in the determination of development applications.

 

Delegated Authority of Panel

 

Pursuant to Section 377 of the Local Government Act, 1993 delegation to:

·                Determine development applications under Part 4 of the Environmental Planning and Assessment Act 1979 having regard to the relevant environmental planning instruments, development control plans and Council policies.

·                Vary, modify or release restrictions as to use and/or covenants created by Section 88B instruments under the Conveyancing Act 1919 in relation to development applications for subdivisions being considered by the panel.

·                Determine Koala Plans of Management under State Environmental Planning Policy 44 - Koala Habitat Protection associated with development applications being considered by the Panel.

 

Noting the trigger to escalate decision making to Council as highlighted in section 5.2.

 

 

3.0      MEMBERSHIP

 

3.1      Voting Members

 

·                Two independent external members. One of the independent external members to be the Chairperson.

·                Group Manager Development Assessment (alternate - Director Development & Environment or Development Assessment Planner)

 

The independent external members shall have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, government and public administration.

 

3.2      Non-Voting Members

 

·                Not applicable

3.3      Obligations of members

 

·                Members must act faithfully and diligently and in accordance with    this Charter.

·                Members must comply with Council's Code of Conduct.

·                Except as required to properly perform their duties, DAP members must not disclose any confidential information (as advised by Council) obtained in connection with the DAP functions.

·                Members will have read and be familiar with the documents and information provided by Council prior to attending a DAP                                             meeting.

·                Members must act in accordance with Council's Workplace Health and Safety Policies and Procedures

·                External members of the Panel are not authorised to speak to the media on behalf of Council. Council officers that are members of the Committee are bound by the existing operational delegations in relation to speaking to the media.

·                Staff members shall not vote on matters before the Panel if they have been the principle author of the development assessment report.

 

3.4      Member Tenure

 

·                The independent external members will be appointed for the term of four (4) years maximum in which the end of the tenure of these members would occur in a cascading arrangement.

 

3.5      Appointment of members

 

·                The independent external members (including the Chair) shall be appointed by the General Manager following an external Expression of Interest process.

·                Staff members of the Panel are in accordance with this Charter.

 

 

4.0     TIMETABLE OF MEETINGS

 

·                The Development Assessment Panel will generally meet on the 1st and 3rd Wednesday each month at 2.00pm at the Port Macquarie offices of Council.

·                Special Meetings of the Panel may be convened by the Director Development & Environment Services with three (3) days notice.

 

 

5.0      MEETING PRACTICES

 

5.1      Meeting Format

 

·                At all Meetings of the Panel the Chairperson shall occupy the Chair and preside. The Chair will be responsible for keeping of order at meetings.

·                Meetings shall be open to the   public.

·                The Panel will hear from applicants and objectors or their r e p r e s e n t a t i v e s .

·                Where considered necessary, the Panel will conduct site inspections which will be open to the public.

 

5.2      Decision Making

 

·                Decisions are to be made by consensus. Where consensus is not possible on any item, that item is to be referred to Council for a decision.

·                All development applications involving a proposed variation to a development standard greater than 10% under Clause 4.6 of the Local Environmental Plan will be considered by the Panel and recommendation made to the Council for a decision.

 

5.3      Quorum

 

·                All members (2 independent external members and 1 staff member) must be present at a meeting to form a quorum.

 

5.4      Chairperson and Deputy Chairperson

 

·                Independent Chair (alternate, second independent member)

 

5.5     Secretariat

 

·                The Director Development &n Environment is to be responsible for ensuring that the Panel has adequate secretariat support. The secretariat will ensure that the business paper and supporting papers are circulated at least three (3) days prior to each meeting. Minutes shall be appropriately approved and circulated to each member within three (3) weeks of a meeting being held.

·                The format of and the preparation and publishing of the Business Paper and Minutes shall be similar to the format for Ordinary Council Meetings.

 

5.6      Recording of decisions

 

·                Minutes will record decisions and how each member votes for each item before the Panel.

 

 

6.0     CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

 

Not applicable.

 

 

7.0     CONFIDENTIALITY AND CONFLICT OF INTEREST

 

·                Members of the Panel must comply with the applicable provisions of Council’s Code of Conduct. It is the personal responsibility of members to comply with the standards in the Code of Conduct and regularly review their personal circumstances with this in mind.

·                Panel members must declare any conflict of interests at the start of each meeting or before discussion of a relevant item or topic. Details of any conflicts of interest should be appropriately minuted. Where members are deemed to have a real or perceived conflict of interest, it may be appropriate they be excused from deliberations on the issue where the conflict of interest may exist. A Panel meeting may be postponed where there is no quorum.

 

 

8.0     LOBBYING

 

§    All members and applicants are to adhere to Council’s Lobbying policy. Outside of scheduled Development Assessment Panel meetings, applicants, their representatives, Councillors, Council staff and the general public are not to lobby Panel members via meetings, telephone conversations, correspondence and the like. Adequate opportunity will be provided at Panel inspections or meetings for applicants, their representatives and the general public to make verbal submissions in relation to Business Paper items.


Development Assessment Panel

 

ATTENDANCE REGISTER

 

 

 

Member

09/10/19

23/10/19

13/11/19

27/11/19

11/12/19

22/01/20

Paul Drake

P

P

Cancelled

P

P

P

Robert Hussey

P

 

 

 

 

 

David Crofts

(alternate member)

 

P

 

P

P

P

Dan Croft

(Group Manager Development Assessment)

(alternates)

- Development Assessment Planner

A

 

P

P

 

P

P

 

 

P

 

Key: P =  Present

         A  =  Absent With Apology

         =  Absent Without Apology

 

 

Meeting Dates for 2020

 

22/01/2020

Function Room

2:00pm

12/02/2020

Function Room

2:00pm

26/02/2020

Function Room

2:00pm

11/03/2020

Function Room

2:00pm

25/03/2020

Function Room

2:00pm

8/04/2020

Function Room

2:00pm

22/04/2020

Function Room

2:00pm

13/05/2020

Function Room

2:00pm

27/05/2020

Function Room

2:00pm

10/06/2020

Function Room

2:00pm

24/06/2020

Function Room

2:00pm

8/07/2020

Function Room

2:00pm

22/07/2020

Function Room

2:00pm

12/08/2020

Function Room

2:00pm

26/08/2020

Function Room

2:00pm

9/09/2020

Function Room

2:00pm

30/09/2020

Function Room

2:00pm

14/10/2020

Function Room

2:00pm

28/10/2020

Function Room

2:00pm

11/11/2020

Function Room

2:00pm

25/11/2020

Function Room

2:00pm

16/12/2020

Function Room

2:00pm

 

 

 


Development Assessment Panel Meeting

Wednesday 12 February 2020

 

Items of Business

 

 

Item       Subject                                                                                                      Page

 

01           Acknowledgement of Country............................................................................. 8

02           Apologies.......................................................................................................... 8

03           Confirmation of Minutes..................................................................................... 8

04           Disclosures of Interest..................................................................................... 13

05           DA2018 - 837.1 Alterations and Additions to Dwelling at Lot 373 DP 236950, No 39 Vendul Crescent, Port Macquarie................................................................................. 17

06           DA2019 - 425.1 Residential Flat Building and Strata Subdivision including Clause 4.6 Objection to Clause 4.3 (Height of Buildings) of the Port Macquarie Hastings Local Environmental Plan 2011,at Lot 12 DP122329, No. 50 William Street, Port Macquarie....................... 49

07           DA2019 - 506.1 2 Lot Subdivision including Clause 4.6 Objection to Clause 4.1 (Lot Size) and Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 and Alterations and Additions to Existing Dwelling at Lot 113 DP 754405, No. 2 Arnott Street, Laurieton....................................................................................................... 219

08           DA2019 - 744.1 Part Change of Use (Pharmacy to Take Away Food and Drink Premises) and Internal Fit out at Lot 1 DP 831145, No.140 Pacific Drive, Port Macquarie......... 263

09           DA2019 - 796.1 Boundary Adjustment including Clause 4.6 Variation to Clause 4.1 (Minimum Subdivision Lot Size) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 1 DP 331765, 5071 Oxley Highway and Lot 1 DP 434372, 39 Henry Street, Long Flat 306  

10           General Business

 


AGENDA                                               Development Assessment Panel      12/02/2020

Item:          01

Subject:     ACKNOWLEDGEMENT OF COUNTRY

 

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."

 

 

Item:          02

Subject:     APOLOGIES

 

RECOMMENDATION

That the apologies received be accepted.

 

 

Item:          03

Subject:     CONFIRMATION OF PREVIOUS MINUTES

Recommendation

That the Minutes of the Development Assessment Panel Meeting held on 22 January 2020 be confirmed.

 


MINUTES

Development Assessment Panel Meeting

                                                                                                                                  22/01/2020

 

 

 

 

PRESENT

 

Members:

Paul Drake

David Crofts

Melissa Watkins (for Item 5 only)

Patrick Galbraith-Robertson (excluding Item 5)

 

Other Attendees:

Fiona Tierney

Jon Power

Ben Roberts

 

 

 

The meeting opened at 2:01pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

 

 

02       APOLOGIES

CONSENSUS:

That the apology received from Dan Croft be accepted.

 

 

03       CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Development Assessment Panel Meeting held on 11 December 2019 be confirmed.

 

 

04      DISCLOSURES OF INTEREST

 

Patrick Galbraith-Robertson declared a Non-Pecuniary - Significant Interest in Item 05 - DA2019 - 513.1 Demolition Of Existing Buildings and Construction Of New Service Station - Lots 5, 6 and 7 DP 18259, 34 and 36 Munster Street and 59 Gordon Street, Port Macquarie, as he has a daughter who attends Port Macquarie Community Pre-School who have lodged a submission raising objections to the proposal.

David Crofts declared a Non-Pecuniary - Less Than Significant interest in Item 05 - DA2019 - 513.1 Demolition Of Existing Buildings and Construction Of New Service Station - Lots 5, 6 and 7 DP 18259, 34 and 36 Munster Street and 59 Gordon Street, Port Macquarie, as he:

  • Never consulted to intersect.
  • Previous involvement as sub-consultant with interest consultants.
  • Have previously contracted intersect on behalf of another Council.
  • Only occasional interaction.

 

 

05       DA2019 - 513.1 Demolition of Existing Buildings and Construction of New Service Station - Lots 5, 6 and 7 DP 18259, 34 and 36 Munster Street and 59 Gordon Street, Port Macquarie

Patrick Galbraith-Robertson declared a Non-Pecuniary - Significant Interest in this item, left the meeting and took no part in the discussion or voting thereon.

David Crofts declared a Non-Pecuniary - Less Than Significant Interest in this item, and remained in the meeting.

 

Speakers:

Megan Jones (O)

Beth Todd (O)

Steven Moore (applicant)

 

CONSENSUS:

That DA2019 - 513.1 for demolition of existing buildings and construction of new service station at Lots 5, 6 and 7, DP 18259, No. 34 and 36 Munster Street and 59 Gordon Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

06       DA2019 - 761.1 Dwelling and Swimming Pool including Clause 4.6 Objection to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011, Lot 60 DP 261991, No 14 Phoenix Crescent, Port Macquarie

Speakers:

Neil Dickson (O)

Luke Morris (A)

 

CONSENSUS:

The determination by the Development Assessment Panel of DA2019 - 761 for a dwelling and swimming pool including clause 4.6 objection to Clause 4.3 (height of buildings) of Port Macquarie-Hastings Local Environmental Plan 2011 at 14 Phoenix Crescent, Port Macquarie be deferred to:

  • Allow the Applicant to submitted amended plans for Council Officer reassessment and re-exhibition. The amended plans are to mitigate the view loss of the Tacking Point Lighthouse from the primary living areas of the dwelling at No.42 Oceanview Terrace, Port Macquarie.

 

 

07       DA2019 - 713.1 Torrens Title Subdivision 2 Lots into 3 -  Lots 705 and 706 DP 1228141, Nos. 41 and 43 Yaluma Drive, Port Macquarie

Speakers:

Joanne Border (O)

Jody Kerry (O)

Michelle Love (A)

 

CONSENSUS:

That DA 2019 - 713.1 for a 2 into 3 lot Torrens Title Subdivision at Lot 705 and 706, DP 1228141, No. 41 and 43 Yaluma Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

08       DA2019 - 694.1 Home Business - Hair Salon, Lot  108 DP 1214480, No. 4 Sunrise Place, King Creek

CONSENSUS:

That DA 2019 - 694.1 for a Home Business - Hair Salon, at Lot 108, DP 1214480, No. 4 Sunrise Place, King Creek, be determined by granting consent subject to the recommended conditions.

 

 

09       DA2019 - 673.1 Modification to General Store (Aldi) - Altered Delivery Hours - Lot 701 DP 1151916,No 3 Hughes Place, Port Macquarie

Speakers:

Therese Dunford (O)

Pam Hodge (O)

Brendan Prosnord (A)

Nicole Seldon (A)

 

CONSENSUS:

That DA 2019 - 673.1 for a change to delivery hours at an existing general store at Lot 701, DP 1151916, No. 3 Hughes Place, Port Macquarie, be determined by granting consent subject to the recommended conditions and as amended below:

Amend condition E(1) to state:

  • The noise control measures indicated in the acoustic report are to be installed prior to any deliveries occurring between 10pm and 12 midnight. An acoustic lining/treatment to Rw28 is also to be provided to the existing fence along the full length and height of the western boundary. There are to be no gaps below this section of fence with the upgrades.
  • Prior to any deliveries occurring between 10pm and midnight, an acoustic screen between the metal waste bin and loading area is to be installed unless Council Officers are satisfied with the validation report.

Amend condition F(3) to state:

  • Truck deliveries of a night time are to be no later than 12 midnight and delivery trucks are to leave the site by 12 midnight. Aldi is to keep record of the delivery arrival and departures during this time, and make it available to Council on request.

Amend condition F(4) to state:

  • The predicted noise measurements are to be validated by an appropriately qualified person within 6 months of consent, and a report sent to council confirming that it meets or is lower than the predictions. If the predicted noise levels cannot be met, additional attenuation is to be added and no deliveries between 10pm and 12 midnight can be made until it is at or below the predicted noise levels in the MAC Report.

Add new condition F(5) to state:

  • No waste removal is to occur of a night time after 10.30pm daily.

 

 

 

10       GENERAL BUSINESS

Nil.

 

 

 

The meeting closed at 3:41pm.

 

 


AGENDA                                               Development Assessment Panel      12/02/2020

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.

 

Growth Bar b&w(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

(c)   a company or other body of which you, or your nominee, partner or employer, is a shareholder or member.

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.

 

By

[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 land 2

[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      12/02/2020

 

 

Item:          05

 

Subject:     DA2018 - 837.1 Alterations and Additions to Dwelling at Lot 373 DP 236950, No 39 Vendul Crescent, Port Macquarie

Report Author: Development Assessment Planner, Chris Gardiner

 

 

 

Applicant:               M R Nocelli

Owner:                    M R Nocelli

Estimated Cost:     $60,000

Parcel no:               24370

Alignment with Delivery Program

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

 

 

 

 

RECOMMENDATION

That DA2018 - 837.1 for Additions to Dwelling at Lot 373, DP 236950, No. 39 Vendul Crescent, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a development application for alterations and additions to a dwelling at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application on three occasions, seven (7) submissions were received.

 

Through the assessment process, the proposal has been amended significantly from a first floor addition above the garage, to the conversion of ground floor area within the existing garage.

 

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.

 

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

 

1.       BACKGROUND

 

 

Existing Sites Features and Surrounding Development

 

The site has an area of 714.5m2.

 

The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

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

 

 

 

2.       DESCRIPTION OF DEVELOPMENT

 

The original proposal submitted included a first floor addition above the existing detached garage. However, through the assessment process the development has been amended to the conversion of part of the existing detached garage to a studio.

 

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

 

Application Chronology

 

·    11 October 2018 - Application lodged.

·    18 October 2018 to 31 October 2018 - Neighbour notification.

·    2 January 2019 - Additional information requested.

·    27 February 2019 - Additional information submitted.

·    21 March 2019 - Further additional information including amended plans and Clause 4.6 objection submitted.

·    27 March 2019 to 9 April 2019 - Application re-notified with additional information and amended plans.

·    29 April 2019 - Applicant requested that the item be withdrawn from the agenda of the Development Assessment Panel meeting scheduled for 8 May 2019 to allow for consideration of a re-design.

·    3 December 2019 - Amended plans and additional information submitted by Applicant.

·    9 December 2019 to 23 December 2019 - Application re-notified with additional information and amended plans.

·    28 January 2020 - Further minor amendments made to plans.

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

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

 

(a)     The provisions (where applicable) of:

(i)      Any Environmental Planning Instrument

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

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

 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

 

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

 

 

 

State Environmental Planning Policy (Coastal Management) 2018

 

The site is located within a coastal use area and the proximity area for littoral rainforest.

 

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

 

Having regard to clause 11 of the SEPP, the proposal is not considered likely to significantly impact on the biophysical, hydrological or ecological integrity of the adjacent littoral rainforest.

 

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

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

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

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

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

e)   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 predominately cleared and located within an area zoned for residential purposes.

 

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

 

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

 

Port Macquarie-Hastings Local Environmental Plan 2011

 

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

·        Clause 2.2 - The subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the dwelling house is a permissible landuse with consent.

 

Noting that the plans show a sink and bench area that could potentially be converted to a kitchen, a condition is recommended requiring the sink to be deleted from the Construction Certificate plans and prohibiting the use of the studio as a secondary dwelling.

 

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

 

·        Clause 2.3(2) - The proposal is consistent with the zone objectives as it is a permissible landuse and consistent with the established residential locality.

 

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

 

·        Clause 4.3 - The maximum overall height of the new building work above ground level (existing) is 5.52m, which complies with the standard height limit of 8.5m applying to the site.

 

·        Clause 4.4 - The proposal relates to the conversion of existing floor area within the garage and would not result in any increase in the existing floor space ratio.

 

·        Clause 4.6 – The original submitted application included a first floor addition above the garage, which resulted in the floor space ratio (FSR) exceeding 0.65:1. A written request was submitted by the Applicant with the original application. The Applicant’s case was that compliance with the standard is unnecessary in the circumstances of the case as the proposed development is consistent with the objectives of the standard in Clause 4.4 of the LEP for the following reasons:

o   The development would be compatible with the bulk and scale of existing development in the locality;

o   The development would not result in any significant increase in vehicular or pedestrian traffic;

o   The major bulk and scale of the existing development is located towards the north of the site and a first floor addition in the south-east corner would not substantially alter the perceived bulk and scale of the overall development;

o   Site amalgamation for increased building height is not contemplated in this particular location;

o   The proposed addition is obscured from view from a number of nearby properties and parts of the public road by existing topography, buildings, and vegetation;

o   The design approach and materials proposed to be used will provide for a high quality development for the foreseeable future;

o   The proposal is consistent with relevant bulk and scale controls in DCP 2013.

 

The written request also submitted that compliance with the development standard is unreasonable in the context that the development standard does not respond to the particular geographical, physical and historical characteristics of the subject site and adjoining and adjacent land.

 

However, the proposal has been significantly amended through the assessment process and no longer involves any increase in the existing FSR. The application no longer relies upon the provisions of Clause 4.6.

 

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

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

 

 

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

 

No draft instruments apply 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

None proposed.

N/A

3.2.2.2

Articulation zone:

Min. 3m front setback

An entry feature or portico

A balcony, deck, patio, pergola, terrace or verandah

A window box treatment

A bay window or similar feature

An awning or other feature over a window

A sun shading feature

No works proposed in articulation zone.

 

N/A

Front setback (Residential not R5 zone):

Min. 6.0m classified road

Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot

Min. 3.0m secondary road

Min. 2.0m Laneway

Front wall of addition minimum 3.9m from secondary road boundary.

Yes

3.2.2.4

4m min. rear setback. Variation subject to site analysis and provision of private open space

Not applicable. The site is a corner lot.

N/A

3.2.2.5

Side setbacks:

Ground floor = min. 0.9m

First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min.

Building wall set in and out every 12m by 0.5m

The minimum side setback requirements are complied with for the additions.

 

The upper floor side setback is proposed to be less than 3m and the Applicant has submitted shadow diagrams demonstrating that building additions would not overshadow primary living areas or private open space for more than 3 hours between 9.00am and 3.00pm on 21 June.

 

The articulation of the new section of building wall is compliant.

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade

The existing dwelling contains 35m² open space in one area including a useable 4m x 4m space. The proposed alterations and additions would not compromise this area.

Yes

3.2.2.7

Front fences:

If solid 1.2m max height and front setback 1.0m  with landscaping

3x3m min. splay for corner sites

Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings

0.9x0.9m splays adjoining driveway entrances

No new front fences proposed.

N/A

3.2.2.8

Front fences and walls to have complimentary materials to context

No chain wire, solid timber, masonry or solid steel front fences

No new front fences proposed.

N/A

3.2.2.10

Privacy:

Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

The development will not compromise privacy in the area. The southern ground floor wall has no openings and the window in the southern wall of the addition is to a void space where there would be no potential views into neighbouring property.

Yes

3.2.2.11

Roof terraces

N/A

 

3.2.2.13 onwards

Jetties and boat ramps

N/A

 

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

No concealment or entrapment areas proposed. Adequate casual surveillance available.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Cut and fill <1.0m change 1m outside the perimeter of the external building walls

Yes

2.3.3.2

1m max. height retaining walls along road frontage

None proposed

N/A

Any retaining wall >1.0 in height to be certified by structure engineer

No retaining wall likely >1m.

Yes

Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway

No retaining wall front fence combination proposed.

N/A

2.3.3.8

Removal of hollow bearing trees

No trees proposed to be removed.

N/A

2.6.3.1

Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)

No trees proposed to be removed.

N/A

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

 

2.5.3.3

Parking in accordance with Table 2.5.1.

1 space per single dwelling (behind building line). Parking for secondary dwelling optional.

More than 1 parking space behind the building line has been provided within the existing dwelling. The proposal includes retention of a double garage forward of the proposed studio.

Yes

2.5.3.11

Section 94 contributions

Refer to main body of report.

 

2.5.3.14

Sealed driveway surfaces unless justified

Sealed driveways existing.

Yes

 

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

 

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

 

(iv)    Any matters prescribed by the Regulations

 

Clause 92 - Demolition of buildings to AS 2601

 

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

 

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

 

The site has northerly and easterly street frontage orientation to Vendul Crescent. Adjoining the site are a mix of two and three storey dwellings.

 

View Sharing

The highest part of the proposed roof space addition is predominantly below the level of the existing retaining wall around the pool and courtyard area, and would not adversely impact any existing significant views.

 

Access, Traffic and Transport

The proposal will be unlikely to have any adverse impacts in terms of access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

 

Water Supply Connection

The site has an existing water supply connection. New plumbing and drainage work associated with the proposal will require Section 68 approval. An appropriate condition is recommended.

 

Sewer Connection

The site has an existing sewer connection. New plumbing and drainage work associated with the proposal will require Section 68 approval. An appropriate condition is recommended.

 

Stormwater

The proposal is an addition above an existing roofed area and is capable of being connected to the existing stormwater drainage system.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

This site does not contain or adjoin any known heritage item or site of significance.

 

Other land resources

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

 

Water cycle

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

 

Soils

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 significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna.  Part 7 of the Biodiversity Conservation Act is considered to be satisfied.

 

Waste

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

 

Energy

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

 

Noise and vibration

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

 

Bushfire

The site is identified as being bushfire prone.

 

The Applicant has submitted a bushfire report prepared by David Pensini Building Certification and Environmental Services.

 

An assessment of bushfire risk having regard to section 4.3.5 of Planning for Bushfire Protection 2006 including vegetation classification and slope concludes that a Bushfire Attack Level 12.5 shall be required.

 

Management of bushfire risk is acceptable subject to BAL construction levels being implemented. An appropriate condition is recommended.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area.

 

Social impacts in the locality

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

 

Economic impact in the locality

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

 

Site design and internal design

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

 

Construction

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

 

Cumulative impacts

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

 

(c)     The suitability of the site for the development

 

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

 

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

 

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

 

Seven (7) written submissions were received following public exhibition of the application on three occasions. 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

Loss of visual amenity for residents of No. 37 Vendul Crescent.

The highest part of the proposed roof space addition (as amended) is predominantly below the level of the existing retaining wall around the pool and courtyard area, and would not adversely impact any existing significant views.

A previous approval for additions to the dwelling resulted in subsequent changes that impacted No 37 Vendul Crescent. Concern that similar changes would occur if this development is approved.

If the development is granted consent, any subsequent changes would be subject to further assessment through a modification application.

The eastern elevation setback is non-compliant.

The plans have been amended and the new building work now complies with the minimum 3m setback to a secondary street. The garage within the front setback area is an existing approved building and is not proposed to be altered by the development.

Existing parking spaces within the residence are not used and vehicles park on the street.

Noted. The proposal includes retention of a double garage in addition to the garage within the main building, and exceeds the minimum parking requirements of the DCP.

Why was the floor plan redacted on the exhibited plans?

At the time of notification it was Council practice not to provide residential floor plans for privacy and security reasons. However, amended plans including floor plans have been re-notified.

The studio has been designed as a small home for permanent habitation and would not comply with Council’s requirements for medium density dwellings.

The scale of the studio has been significantly reduced from the original proposal, and conditions have been recommended prohibiting the use of the building as a secondary dwelling, or as short-term holiday accommodation.

The house is situated on a blind corner and backing out of nearby driveways is difficult with cars parked in the street.

The proposal would not alter existing driveway locations or street parking. The proposal provides off-street parking in excess of the DCP requirements.

Loss of privacy to dwellings on the lower side of the street.

The proposal has been amended and does not include any windows or balcony facing the street.

The scale of the building is imposing and it will be of out character in the street.

The proposal has been scaled back significantly and now only includes minor alterations to the roof space above the existing garage to create a void for light and ventilation to the proposed studio and opportunities for hanging storage above vehicles parked in the garage. This work is setback from the street frontage and sits generally below the existing retaining wall supporting the swimming pool and courtyard. It is not considered that the scale of the work will be imposing in the streetscape.

Impacts on solar access to adjoining dwelling at No 41 Vendul Crescent. Part of the garage has been converted to an art and craft space and the development would reduce sunlight to the north-facing window during winter.

There is no record of an approval to convert part of the garage at No 41 Vendul Crescent to a habitable room. It is therefore considered that the approved use of the space remains as a garage.

 

The relevant test in the DCP is that adjoining property primary living areas and primary private open space areas should not be adversely overshadowed for more than 3 hours between 9am and 3pm on 21 June. As the affected window is a garage window, the proposal satisfies the DCP provision.

The height of the garage was originally restricted in response to a submission made on a previous development application in 2002.

A new proposal can be considered on its merits having regard to the current DCP provisions.

A previous proposal for a granny flat above the garage (part of DA2008 - 533) was not supported by Council due to the overshadowing of the multi-purpose space at No 41 Vendul Crescent and this creates a precedent to refuse the current proposal.

The assessment report for DA2008 - 533 has been reviewed and the reason that this part of the proposal was not supported was due to the construction of the first floor addition at a zero side setback, and the associated visual impacts of the structure on the adjoining property. The assessment noted that the overshadowing impacts were acceptable due to the affected room at No 41 Vendul Crescent being a garage.

The existing floor space of the dwelling is not shown in the application plans.

Amended plans have been submitted detailing this information.

Compliance with the 0.65:1 floor space ratio standard needs to be addressed in the application.

The existing dwelling slightly exceeds the 0.65:1 floor space ratio (FSR) standard. However, the proposal has demonstrated that the development would not result in any increase in the existing FSR.

Increased noise impacts on neighbouring property.

The proposal has been amended to remove the first floor addition, and the studio is now proposed within the rear part of the existing garage at ground floor level. There are no ground floor windows in this part of the building.

Loss of privacy to residents of No 41 Vendul Crescent.

The southern ground floor wall has no openings and the window in the southern wall of the addition is to a void space where there would be no potential views into neighbouring property.

Part of the existing dwelling is being used as AirBnB accommodation. If the addition is also used for a similar purpose, it will result in further demand for parking.

A condition has been recommended prohibiting the use of the building for short-term/holiday accommodation.

A whole floor of the existing dwelling is currently being rented for holiday accommodation. Why is additional residential floor area necessary when there is space within the dwelling that is being used for commercial purposes?

The proposal has been amended to utilise existing floor space within the garage. There would be no overall increase in floor area on the site.

The proposal exceeds the LEP floor space ratio (FSR) standard and the Clause 4.6 objection does not adequately justify the merits of the variation.

The application has been amended and no longer involves the creation of any additional gross floor area. The Clause 4.6 objection to the FSR development standard is no longer necessary.

Concerned that there might be an intention to internally modify the studio to enable people to sleep in the upper section.

The proposal has been further amended to make the upper section a void.

(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 as the proposal is for alterations and additions to an existing dwelling.

 

 

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.    DA 2018 - 837.1 Recommended  Conditions

2.    DA2018 - 837.1 Plans

 


  ATTACHMENT

Development Assessment Panel

12/02/2020

 

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  ATTACHMENT

Development Assessment Panel

12/02/2020

 













 

 


AGENDA                                               Development Assessment Panel      12/02/2020

 

 

Item:          06

 

Subject:     DA2019 - 425.1 Residential Flat Building and Strata Subdivision including Clause 4.6 Objection to Clause 4.3 (Height of Buildings) of the Port Macquarie Hastings Local Environmental Plan 2011,at Lot 12 DP122329, No. 50 William Street, Port Macquarie

Report Author: Development Assessment Planner, Steven Ford

 

 

 

Applicant:               Stewart Architecture

Owner:                    William Street Developments PM Pty Ltd

Estimated Cost:     $19,936,272

Parcel no:               65700

Alignment with Delivery Program

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

 

 

 

 

RECOMMENDATION

That DA 2019-425.1 for a Residential Flat Building and Strata Subdivision including Clause 4.6 Objection to Clause 4.3 (Height of Building) of the Port Macquarie Hastings Local Environmental Plan 2011 at Lot 12, DP 1222329, No. 50 William Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a development application for a Residential Flat Building including Clause 4.6 Objection to Clause 4.3 (Height of Building) of the Port Macquarie Hastings Local Environmental Plan 2011 at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application, 4 submissions were received.

 

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

 

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls as justified. 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.

 

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 2525m2.

 

The site is zoned R4 High Density 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:

 

·    Part 8 Storey and Part 3 storey residential flat building including a variation to the Height of Building standard

·    Total of 36 residential dwellings, 85 space basement carpark, elevated platform and ancillary structures

·    Vehicle access is proposed off Lord Street.

 

The site has an existing approved DA (DA2006 – 593.3). The new proposed design is a reduction in scale.

 

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

 

Application Chronology

·    14 June 2019 - Application Received

·    24 June to 8 July 2019 - Public exhibition via neighbourhood notification

·    11 September 2019 - Additional information and Amended plans received (Rev E)

·    17 October 2019 - Correspondence sent to Objectors

·    23 October 2019 - Additional Information and Amended Site Plan (Rev F)

·    18 December 2019 - Additional Information and Amended Plans relating to electricity substation location and Essential Energy assessment feedback.

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

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

 

(a)     The provisions (where applicable) of:

(i)      Any Environmental Planning Instrument

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

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

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

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

 

State Environmental Planning Policy (Coastal Management) 2018

 

The site is located within a coastal use area.

 

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

 

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development

This Policy applies to development for the purpose of a residential flat building, shop top housing or mixed use development with a residential accommodation component if:

(a)     the development consists of any of the following:

(i)      the erection of a new building,

(ii)      the substantial redevelopment or the substantial refurbishment of an existing building,

(iii)     the conversion of an existing building, and

(b)     the building concerned is at least 3 or more storeys (not including levels below ground level (existing) or levels that are less than 1.2 metres above ground level (existing) that provide for car parking), and

(c)     the building concerned contains at least 4 or more dwellings.

Based on the above, the SEPP must be considered.

In accordance with clause 28, the proposal has adequately addressed the design principles,  contained in the Residential Flat Design Code. The following table provides an assessment against the design quality principles:

 

 

Requirement

Proposed

Comments

Principle 1: Context and neighbourhood character

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.

 

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.

 

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.

 

 

The proposal is for an eight storey residential flat building facing William street and three storey town houses on Church street with shared driveway access on Lord street to basement car parking. The area is characterised by a mixture of low rise and high rise developments. A number of similar scale residential flat buildings exist in the immediate area. Encouraging higher density in areas with close proximity to the CBD or business zones is desirable for the area.

 

The design responds to the site’s slope and steps down in height to the north of the site. The design also provides for the majority of apartments to benefit north aspect.

 

The site serves as the interface on William Street between the CBD to the West, less dense residential areas to the South and the more densely desired northern urban precinct. This density is clearly visible to the East of the proposal; where a range of similar scale residential and tourist facilities exist.

 

Yes. The proposed building design is compatible with existing development and the desired future character of the area as stated in the relevant planning and design policies. It is considered the building will contribute to the quality and identity of the area. The balconies contribute to an active frontage and desired lifestyles. The design responds to future urban characterisation of the precinct and is in keeping with neighbouring developments and the objectives of the R4 - high density residential zoning.

Principle 2: Built form and scale

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

 

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements.

 

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

 

 

The proposal incorporates a minor variation to the LEP controls for building height, of a maximum 1.3m over the maximum 26.5m datum height plane for the lift overrun, mechanical plant and roof parapet. Refer to clause 4.6 of LEP 2011 comments for consideration of the proposed variations.

 

The height and bulk of the proposed building are considered to be acceptable in the streetscape and future desired character of the area.

 

The 8-storey residential tower is oriented to address the street, provide optimal solar access for residents, and facilitate expansive views across the park and beach. Landscaped zones are satisfactorily implemented into the streetscape and building entrances to define the public domain and formalise the proposal’s streetscape.

 

The southern zone of the proposal serves to mitigate the relationship between the density of William Street, and the surrounding properties. The surrounding buildings are much lower than the allowable height of building and floor space ratio and compatible with the existing developments along church street.

 

Satisfactory articulation and variation in building colours and materials are proposed (see drawing No. DA701 for Finishes Schedule).

 

The site is visible from public space on the Observatory Park and Town Beach, as well as areas to the south and would provide a satisfactory contribution to the existing vistas from these locations.

 

Impacts on existing views from nearby properties are considered in detail later in this report under ‘View Sharing’.

 

The height and scale of the building is considered to be appropriate having regard to the desired future character of the area. The height and scale is considered to be sufficiently compatible with existing buildings in the locality.

 

The building is considered to achieve an appropriate built form and incorporates interesting building elements and treatments that will complement the streetscapes. The central garden zone addresses Lord Street through a series of terraced landscaped zones. This strengthens the planted corridor of the proposal; alleviating the built impact to Lord Street and adjoining developments.

 

The proposed internal unit floorplans provide for internal amenity. The orientation of the block takes advantage of the northern outlook and townhouses towards the internal/communal courtyard. The Design limits any lateral views/vistas over side boundaries to the east.

Principle 3: Density

Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context.

 

Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

 

The Proposed Development reduces the number of dwellings from the currently approved 77 apartments to 36 apartments and 6 townhouses, and reduces the height from 9 storeys to 8 storeys, providing increased setbacks and more visual landscaping from the adjoining streets.

 

The proposal has a floor space ratio (FSR) of 1.94:1, which complies with the maximum 3:1 (northern portion of site) and 2:1 (southern portion) FSR adopted in the LEP.

 

The adopted FSR for the site is consistent with the objectives of the R4 High Density Residential zone and the height of buildings envisaged for the area.

 

The proposed development is consistent with surrounding densities of the existing buildings within the precinct.

 

The proposed density is also considered to be sustainable having regard to availability of proximity to infrastructure, and public transport, services and community facilities and the environmental quality of the area.

The design has adopted an appropriate density that is sustainable and consistent with surrounding densities.

Principle 4: Sustainability

Good design combines positive environmental, social and economic outcomes.

 

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

 

 

 

The north orientation of the block has been adequately responded to. All apartments contain a north facing balconies/aspect. As stated by the Applicant, 86% of dwellings achieve the minimum of three hours direct sunlight between 9am and 3pm in mid-winter. This exceeds the minimum standard in the Apartment Design Guide (ADG).

 

All dwellings are naturally cross-ventilated, and  exceeds the minimum 60% as stipulated in SEPP 65. All dwellings are designed with more than one aspect.

 

The proposed materials of the building have been selected to both ensure robustness and longevity, as well as the potential of material recycling. Material selection has also been considered to minimise maintenance requirements.

 

 

BASIX certificate has been provided demonstrating that the design satisfies acceptable energy and water efficiency measures.

 

Suitable landscaping areas are proposed.

Principle 5: Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

 

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.

 

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management.

 

A satisfactory landscaping plan has been submitted which includes substantial landscaping details.

 

The proposal’s street interfaces are softened by extensively landscaped courtyards and garden zones. The interface with the neighbouring properties to the east is alleviated by a range of landscaped strategies: including zones for deep soil planting. Entry areas have appropriate key planting strategies.

 

The communal garden and recreational areas of the proposal facilitates varying landscaped opportunities to be enjoyed by residents. Further, ground-level units and townhouses have the opportunity to create their own landscaped spaces within their private courtyards.

 

Landscaping of non deep soil zone areas (i.e. on the hard stand areas of the building) may become an issue for building construction and long term maintenance. However, the technique is common and proven successful on other buildings throughout the world. The soil depth and area available is consistent with the objectives of the Residential Flat Design Code.

 

 

Principle 6: Amenity

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident well being.

 

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

 

 

The building incorporates generous unit layouts and design which optimise the northern orientation, ventilation, privacy etc.

 

The design achieves

requirements of SEPP 65 pertaining to solar access, natural ventilation, private open space and privacy.

 

Accessibility is possible via a mixture of ramps, stairs and lifts.

 

The layout of the units has taken advantage of the northern orientation with an emphasis of natural sunlight and ventilation via extensive north facing windows, balconies and an open central courtyard.

 

The design and layout will provide a good level of amenity.

 

All units are accessible via lifts.

 

All units include a sufficient amount of private open space.

 

Communal space is available via a large, useable, communal central courtyard and recreation facilities. In addition, the applicant has more clearly defined an open space area off the lower ground floor level with access coming via the internal courtyard open space.

All units have a range of expansive views; across Rotary Park and Town Beach, or vistas across Port Macquarie.

Principle 7: Safety

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety.

 

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well lit and visible areas that are easily maintained and appropriate to the location and purpose.

 

A range of appropriate strategies/design elements have been included to optimise safety and security. The various array of windows, doors and balconies throughout the building provide surveillance of the site and also the public domain.

 

Access to the site is predominately controlled via secure access to carparks, lobbies and residential zones will be provided in the form of keys, swipe cards or remote

controllers. Residents will have direct access to their residential floors via lift access.

 

The interface between public and private/communal space is clearly defined at the site frontage.

 

The proposal adequately addresses the principles of Crime Prevention Through Environmental Design.

 

Where potential exists for concealment areas, surveillance is provided from within the building.

Principle 8: Housing diversity and social interaction

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets.

 

Well designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.

 

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents.

 

 

 

The unit mix is:

• 2 Bedroom Apartments - 17%

• 3 Bedroom Apartments - 66%

• 3 Bedroom Townhouses - 17%

 

This proposal encourages market diversity and will cater to the changing population dynamics. Additionally, the inclusion of townhouses to the proposal provides an alternative for family living.

 

Each apartment has open plan living with access to large private balconies which provides for flexibility and is additionally supported by large communal areas and facilities.

 

 

The proposal adequately addresses social dimensions and housing affordability.

Principle 9: Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures.

 

The visual appearance of a well designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

 

The plans (See drawing No. DA701) provide examples of the colours, textures and finishes.

 

The colours and materials provided on the plans indicate a contemporary high quality design and finish. The aesthetics of the building will respond appropriately to the surrounding environment and context of the existing and desired character of the locality.

Clause 28(2) - The proposal has adequately addressed the NSW Planning  Apartment Design Guide requiring consideration. The following table provides an assessment against the Apartment Design Guide with assessment comments considering the design criteria and design objectives where applicable:

 

Apartment Design Guide (ADG) Objective

Design Guidance/Design Criteria (Italics)

Proposed

Complies

3A Site analysis

3A - 1 Site analysis illustrates that design decisions have been based on opportunities and constraints of the site conditions and their relationship to the surrounding context.

Each element in the Site Analysis Checklist should be addressed (Appendix 1 of ADG)

Suitable site analysis completed.

Yes

3B Orientation

3B - 1 Building types and layouts respond to the streetscape and site while optimising solar access within the development.

Buildings along the street frontage define the street, by facing it and incorporating direct access from the street (see figure 3B.1).

Where the street frontage is to the east or west, rear buildings should be orientated to the north.

Where the street frontage is to the north or south, overshadowing to the south should be minimised and buildings behind the street frontage should be orientated to the east and west (see figure 3B.2).

 

Orientation acceptable.

Main building designed to face the primarily to William Street and townhouses front Church street. Living areas are orientated to the north with shared access from Lord Street.

Buildings have been designed to achieve north aspect.

All dwellings have satisfactorily street outlook, solar access and views to the public domain.

Yes

3B - 2 Overshadowing of neighbouring properties is minimised during mid winter.

Living areas, private open space and communal open space should receive solar access in accordance with sections 3D Communal and public open space and 4A Solar and daylight access.

Solar access to living rooms, balconies and private open spaces of neighbours should be considered.

Where an adjoining property does not currently receive the required hours of solar access, the proposed building ensures solar access to neighbouring properties is not reduced by more than 20%.

 If the proposal will significantly reduce the solar access of neighbours, building separation should be increased beyond minimums contained in section 3F Visual privacy.

Overshadowing should be minimised to the south or down hill by increased upper level setbacks.

It is optimal to orientate buildings at 90 degrees to the boundary with neighbouring properties to minimise overshadowing and privacy impacts, particularly where minimum setbacks are used and where buildings are higher than the adjoining development.

A minimum of 4 hours of solar access should be retained to solar collectors on neighbouring buildings.

The proposal minimises overshadowing of neighbouring properties during mid-winter (refer drawing DA007).

To the east (46-48 William Street), all apartments are orientated to the northern sea views with principal living spaces and private open space (courtyards or balconies) to the north. The proposal does not impact solar access to these spaces between 9am and 3pm (Objective 4A). There is some impact to communal open space at the rear of the property after midday, but the proposal maintains current solar access for greater than 3 hours each day between 9am and 3pm (Objective 3D).

To the south east (15 Church Street) the proposal maintains current solar access for greater than 3 hours each day between 9am and 3pm. The proposed development overshadows the proposed development after midday (Objectives 3D and 4A).

Yes

3C Public domain interface

3C - 1 Transition between private and public domain is achieved without compromising safety and security

Terraces, balconies and courtyard apartments should have direct street entry, where appropriate.

Changes in level between private terraces, front gardens and dwelling entries above the street level provide surveillance and improve visual privacy for ground level dwellings (see figure 3C.1).

Upper level balconies and windows should overlook the public domain.

Front fences and walls along street frontages should use visually permeable materials and treatments. The height of solid fences or walls should be limited to 1m.

Length of solid walls should be limited along street frontages.

Opportunities should be provided for casual interaction between residents and the public domain. Design solutions may include seating at building entries, near letter boxes and in private courtyards adjacent to streets.

In developments with multiple buildings and/or entries, pedestrian entries and spaces associated with individual buildings/entries should be differentiated to improve legibility for residents, using a number of the following design solutions:

·    architectural detailing

·    changes in materials

·    plant species

·    colours

Opportunities for people to be concealed should be minimised

Ground floor areas and fence design is consistent with ADG.

Balconies and windows overlook public domain.

Communal areas, entrances, courtyards and fencing provide for privacy as well as opportunities for casual interaction between residents and public domain.

Yes

3C - 2 Amenity of the public domain is retained and enhanced.

Planting softens the edges of any raised terraces to the street, for example above sub-basement car parking.

Mail boxes should be located in lobbies, perpendicular to the street alignment or integrated into front fences where individual street entries are provided.

The visual prominence of underground car park vents should be minimised and located at a low level where possible.

Substations, pump rooms, garbage storage areas and other service requirements should be located in basement car parks or out of view.

Ramping for accessibility should be minimised by building entry location and setting ground floor levels in relation to footpath levels.

Durable, graffiti resistant and easily cleanable materials should be used.

Where development adjoins public parks, open space or bushland, the design positively addresses this interface and uses a number of the following design solutions:

·    street access, pedestrian paths and building entries which are clearly defined

·    paths, low fences and planting that clearly delineate between communal/private open space and the adjoining public open space

·    minimal use of blank walls, fences and ground level parking.

On sloping sites protrusion of car parking above ground level should be minimised by using split levels to step underground car parking

Satisfactory landscaping has been incorporated into the design to soften the built form.

Mailbox design and location acceptable. Mailboxes are located within open-air lobbies. Each lobby is secured by a gate with electronic access. Townhouses have individual street mailboxes which are lockable.

Car park design garbage and other services create no identifiable adverse amenity impacts.

The design does not detract from the adjoining public open space. Building entries are clearly defined, landscaping and articulation delineates communal private open space and public. There is minimal use of blank walls and unarticulated elements.

Note: Due to the size requirements from Essential Energy for the proposed substation due to requirements for Church Street, the substation could not be located within the basement.

Yes

3D Communal and public open space

3D - 1 An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping

Design Criteria

1. Communal open space has a minimum area equal to 25% of the site (see figure 3D.3)

2. Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid winter).

Communal open space should be consolidated into a well designed, easily identified and usable area.

Communal open space should have a minimum dimension of 3m, and larger developments should consider greater dimensions.

Communal open space should be co-located with deep soil areas.

Direct, equitable access should be provided to communal open space areas from common circulation areas, entries and lobbies.

Where communal open space cannot be provided at ground level, it should be provided on a podium or roof.

Where developments are unable to achieve the design criteria, such as on small lots, sites within business zones, or in a dense urban area, they should:

·    provide communal spaces elsewhere such as a landscaped roof top terrace or a common room

·    provide larger balconies or increased private open space for apartments

·    demonstrate good proximity to public open space and facilities and/or provide contributions to public open space

Due to orientation of the building to maximise the apartments solar access and views, the central garden will not receive 2 hours of solar access to 50% of the principal communal open space in mid-winter. For this reason, an indoor pool is provided to allow use throughout the year, and the outcome is considered appropriate having regards to when the site’s aspect.

Noted balconies are larger and north facing for 83% of the proposed dwellings.

Acceptable as the design meets the objectives of this clause and alternative solutions allowing all year usage of the communal areas.

3D - 2 Communal open space is designed to allow for a range of activities, respond to site conditions and be attractive and inviting

Facilities are provided within communal open spaces and common spaces for a range of age groups (see also 4F Common circulation and spaces), incorporating some of the following elements:

·    seating for individuals or groups

·    barbecue areas

·    play equipment or play areas

·    swimming pools, gyms, tennis courts or common rooms.

The location of facilities responds to microclimate and site conditions with access to sun in winter, shade in summer and shelter from strong winds and down drafts.

Visual impacts of services should be minimised, including location of ventilation duct outlets from basement car parks, electrical substations and detention tanks.

The nominated communal area is capable of being used for barbeques, seating and recreation, allowing a mixture of opportunities to enjoy the area.

The communal area satisfactorily responds to the microclimate and site conditions by allowing the apartments to enjoy the northern aspect and the communal area to be based around shade and ventilation, the enclosed swimming pool pavilion allows all weather recreation.

Proposed landscaping will adequately screen any services visible from the communal areas.

Yes

3D - 3 Communal open space is designed to maximise safety

Communal open space and the public domain should be readily visible from habitable rooms and private open space areas while maintaining visual privacy. Design solutions may include:

·    bay windows

·    corner windows

·    balconies.

Communal open space should be well lit.

Where communal open space/facilities are provided for children and young people they are safe and contained

The communal open space areas are satisfactory in regards to safety.

All Apartments and townhouses have a window or living area that overlooks the communal area.

Landscaping is proposed to include satisfactory lighting.

The communal area is also fenced for security.

Yes

3D - 4 Public open space, where provided, is responsive to the existing pattern and uses of the neighbourhood

The public open space should be well connected with public streets along at least one edge.

The public open space should be connected with nearby parks and other landscape elements.

Public open space should be linked through view lines, pedestrian desire paths, termination points and the wider street grid.

Solar access should be provided year round along with protection from strong winds.

Opportunities for a range of recreational activities should be provided for people of all ages.

A positive address and active frontages should be provided adjacent to public open space.

Boundaries should be clearly defined between public open space and private areas

Central communal area and adjoining private open space is approximately 800m2 of landscaped area adjoining the pedestrian path along Lord Street with a gated entrance.

Communal area is connected to the north and west street frontages, creating an active interface the street.

Public open space can be viewed from each apartments private open space and the communal area is visible from Lord Street.

Boundaries are clearly identifiable.

Yes

3E Deep soil zones

3E - 1 Deep soil zones provide areas on the site that allow for and support healthy plant and tree growth. They improve residential amenity and promote management of water and air quality

Design Criteria

1. Deep soil zones are to meet the following minimum requirements:

a)   < 650m², no min dimension, 7% site area deep soil zone.

b)   650-1500m², 3m dimension, 7% site area deep soil zone.

c)   >1500m², 6m dimension, 7% site area deep soil zone.

On some sites it may be possible to provide larger deep soil zones, depending on the site area and context:

·    10% of the site as deep soil on sites with an area of 650m² - 1,500m²

·    15% of the site as deep soil on sites greater than 1,500m².

Deep soil zones should be located to retain existing significant trees and to allow for the development of healthy root systems, providing anchorage and stability for mature trees. Design solutions may include:

·    basement and sub basement car park design that is consolidated beneath building footprints

·    use of increased front and side setbacks

·    adequate clearance around trees to ensure long term health

·    co-location with other deep soil areas on adjacent sites to create larger contiguous areas of deep soil.

Achieving the design criteria may not be possible on some sites including where:

·    the location and building typology have limited or no space for deep soil at ground level (e.g. central business district, constrained sites, high density areas, or in centres)

·    there is 100% site coverage or non-residential uses at ground floor level.

Where a proposal does not achieve deep soil requirements, acceptable stormwater management should be achieved and alternative forms of planting provided such as on structure.

The site is 2527m2 and therefore requires 7% of site area to be deep soil zones with a minimum width of 6m.

A deep soil zone area of 108m2 complies with a minimum 6m dimensions and equal to 4.2% of the site area. However, when including the non-compliant area due to width, it equals approximately 20% deep soil zone for the site.

It should be noted that there are no existing trees within the site.

The location and typology of the site has been utilised by locating a strip of Deep soil zone along the entire frontage of William street and a area of deep soil zone adjacent to Lord Street for solar access and providing attractive connections/interface to the street.

Acceptable stormwater management and alternative platform plantings have been provided to create suitable landscaping for areas open areas that do not achieve standard numerical deep soil requirements.

No But acceptable as detailed beside.

3F Visual privacy

3F - 1 Adequate building separation distances are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy

Design Criteria

1. Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows:

a)   Building height up to 12m (4 storey) need 6m setback to habitable and 3m to non habitable.

b)   Buildings up to 25m (5-8 storeys) need 9m to habitable and 4.5m to non habitable.

c)   Buildings over 25m (9+ storeys) need 12m to habitable and 6m to non habitable.

Note: Separation distances between buildings on the same site should combine required building separations depending on the type of room (see figure 3F.2).

Gallery access circulation should be treated as habitable space when measuring privacy separation distances between neighbouring properties

Generally, one step in the built form as the height increases due to building separations is desirable. Additional steps should be careful not to cause a 'ziggurat' appearance.

For residential buildings next to commercial buildings, separation distances should be measured as follows:

·    for retail, office spaces and commercial balconies use the habitable room distances

·    for service and plant areas use the non-habitable room distances.

New development should be located and oriented to maximise visual privacy between buildings on site and for neighbouring buildings. Design solutions include:

·    site layout and building orientation to minimise privacy impacts (see also section 3B Orientation)

·    on sloping sites, apartments on different levels have appropriate visual separation distances (see figure 3F.4).

 Apartment buildings should have an increased separation distance of 3m (in addition to the requirements set out in design criteria 1) when adjacent to a different zone that permits lower density residential development to provide for a transition in scale and increased landscaping (figure 3F.5).

Direct lines of sight should be avoided for windows and balconies across corners.

No separation is required between blank walls

The proposal includes 19m interface between apartments and townhouses within the site, which exceeds the requirements and complies with the ADG.

Up to four storeys the proposal has a 4.5m setback to the eastern boundary. Note the adjoining building has non-habitable (bathroom) windows and therefore satisfies the ADG objectives (noting the balcony has screening to the boundary and no direct lines of sight between windows and balconies).

At levels 4 to 6 the proposal has 4.5m setback to some habitable (bedroom) windows and an unscreened balcony at level 7. This is less than the recommended 9m setback but is proposed on the basis that the neighbouring property has no habitable windows facing the site, and the windows / balconies allow easterly ocean views and solar access. There is no detrimental impact to the neighbouring development. Between four to eight storeys the proposal has 4.5m setback to non-habitable (bathroom) windows and is therefore satisfies the objective.

Note the orientation maximises visual privacy and does not detract from the adjoining apartment buildings existing visual privacy.

 

Acceptable

3F - 2 Site and building design elements increase privacy without compromising access to light and air and balance outlook and views from habitable rooms and private open space

Communal open space, common areas and access paths should be separated from private open space and windows to apartments, particularly habitable room windows. Design solutions may include:

·    setbacks

·    solid or partially solid balustrades to balconies at lower levels

·    fencing and/or trees and vegetation to separate spaces

·    screening devices

·    bay windows or pop out windows to provide privacy in one direction and outlook in another

·    raising apartments/private open space above the public domain or communal open space

·    planter boxes incorporated into walls and balustrades to increase visual separation

·    pergolas or shading devices to limit overlooking of lower apartments or private open space

·    on constrained sites where it can be demonstrated that building layout opportunities are limited, fixed louvres or screen panels to windows and/or balconies.

Bedrooms, living spaces and other habitable rooms should be separated from gallery access and other open circulation space by the apartment’s service areas.

Balconies and private terraces should be located in front of living rooms to increase internal privacy.

Windows should be offset from the windows of adjacent buildings.

Recessed balconies and/or vertical fins should be used between adjacent balconies

·    Communal areas are satisfactorily separated from private open space areas with landscaping, planter boxes and raised private open space above the public domain.

·    Balconies and terraces adjoin internal living areas providing separation and privacy.

·    Windows do not directly adjoin other units or windows of adjoining apartments.

·    Screening has been used on lower levels to provide privacy from communal areas.

·    Privacy to adjoining properties’ private open space is provided by satisfactory design layout to ensure attractive and appropriate boundary interface;

·    at the apartment building a satisfactory courtyard wall adjoins the neighbouring apartment building as requested by the neighbours;

·    the pool pavilion has a satisfactory wall facing the boundary over a stone base and landscaped interface

·    at the townhouses an existing timber fence adjoins the neighbouring dwelling.

·    windows in the proposal facing the eastern boundary are limited and those that do are positioned to avoid overlooking of private open space.

Yes

3G Pedestrian access and entries

3G - 1 Building entries and pedestrian access connects to and addresses the public domain

Multiple entries (including communal building entries and individual ground floor entries) should be provided to activate the street edge.

Entry locations relate to the street and subdivision pattern and the existing pedestrian network.

Building entries should be clearly identifiable and communal entries should be clearly distinguishable from private entries.

Where street frontage is limited and multiple buildings are located on the site, a primary street address should be provided with clear sight lines and pathways to secondary building entries.

Development provides pedestrian access on three frontages, with the apartment building having access via two foyers both accessible from the William Street and Lord Street or the basement car park. The Townhouses each have a front  entrances facing Church street and access from the basement car park. All entrances will be identifiable from the street and considered satisfactory.

Yes

3G - 2 Access, entries and pathways are accessible and easy to identify

Building access areas including lift lobbies, stairwells and hallways should be clearly visible from the public domain and communal spaces.

The design of ground floors and underground car parks minimise level changes along pathways and entries.

Steps and ramps should be integrated into the overall building and landscape design.

For large developments ‘way finding’ maps should be provided to assist visitors and residents (see figure 4T.3).

For large developments electronic access and audio/video intercom should be provided to manage access

Access is visible.

No major level changes along proposed pathways and entry points.

Steps and ramps are integrated to the building design.

Electronic access is proposed for the apartments and garage.

Yes

3G - 3 Large sites provide pedestrian links for access to streets and connection to destinations

Pedestrian links through sites facilitate direct connections to open space, main streets, centres and public transport.

Pedestrian links should be direct, have clear sight lines, be overlooked by habitable rooms or private open spaces of dwellings, be well lit and contain active uses, where appropriate

Clear line of site is provided to and from entries, lobbies which allow views from the street to the central communal area.

Yes

3H Vehicle access

3H - 1 Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes

Car park access should be integrated with the building’s overall facade. Design solutions may include:

·    the materials and colour palette to minimise visibility from the street

·    security doors or gates at entries that minimise voids in the facade

·    where doors are not provided, the visible interior reflects the facade design and the building services, pipes and ducts are concealed.

Car park entries should be located behind the building line.

Vehicle entries should be located at the lowest point of the site minimising ramp lengths, excavation and impacts on the building form and layout.

Car park entry and access should be located on secondary streets or lanes where available.

Vehicle standing areas that increase driveway width and encroach into setbacks should be avoided.

Access point locations should avoid headlight glare to habitable rooms.

Adequate separation distances should be provided between vehicle entries and street intersections.

The width and number of vehicle access points should be limited to the minimum.

Visual impact of long driveways should be minimised through changing alignments and screen planting.

The need for large vehicles to enter or turn around within the site should be avoided.

Garbage collection, loading and servicing areas are screened.

Clear sight lines should be provided at pedestrian and vehicle crossings.

Traffic calming devices such as changes in paving material or textures should be used where appropriate.

Pedestrian and vehicle access should be separated and distinguishable. Design solutions may include:

·    changes in surface materials

·    level changes

·    the use of landscaping for separation

Standard car park access provided, which dips below the road/out of site.

Satisfactory landscaping provided around the entry to help soften the entry.

Entry located on secondary frontage adjoining landscaping.

Access has been provided on the north to help maintain solar access/setback to the north.

Headlight glare will focus on secondary frontages and not directly on ground level habitable living areas.

The proposed basement driveway off Lord Street is provided suitable separation to intersections and assessed as acceptable.

Pedestrian and vehicle access  points have been separated.

Signage has been added to the proposal to improve the safety of pedestrians and exiting vehicles.

Garbage collection and loading zones has been addressed by Applicant. Further development of the waste management strategy, by Sellicks 03/09/19, confirms off-site collection is an appropriate solution for this proposal without impact to the public realm and maintaining significant landscaping within the site.

Yes

3J Bicycle and car parking

3J - 1 Car parking is provided based on proximity to public transport in metropolitan Sydney and centres in regional areas

Notes

Port Macquarie is a nominated regional centre.

In terms of using Guide to Traffic Generating Developments, Port Macquarie is a “sub-regional centre” as by definition it does not have access to rail.

Medium density is 2 - <20 dwellings.

High Density is 20 or more dwellings

Design Criteria

1. For development in the following locations:

a)   on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or

b)   on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre

the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less

The car parking needs for a development must be provided off street.

Where a car share scheme operates locally, provide car share parking spaces within the development. Car share spaces, when provided, should be on site.

Where less car parking is provided in a development, council should not provide on street resident parking permits

Guide to Traffic Generating Developments

Medium density residential flat buildings require:

-     1 space per unit +

-     1 space for every 5 x 2 bedroom unit +

-     1 space for every 2 x 3 bedroom unit +

-     1 space for 5 units (visitor parking).

High density residential flat buildings for metropolitan sub-regional centres require:

-    0.6 spaces per 1 bedroom unit

-    0.9 spaces per 2 bedroom unit

-    1.40 spaces per 3 bedroom unit +

-    1 space per 5 units (visitor parking)

The site is in a nominated regional centre.

Site is within 400m of a B4 zone.

30 Apartments and 6 townhouses

-    6 x 2 bed units

-    24 x 3 bed units

-    6x 3 bedroom Townhouses.

6 x 2 bedroom unit  = 6 spaces

24 x 3 bedroom units = 36 spaces

6 x 3 bedroom high density residential = 9 spaces

36/5 = 7.2 visitor spaces.

 

Total required is 6 + 36 + 9 + 7.2 = 58.2 spaces

Total of 79 residential car spaces and 4 visitor car spaces.

The basement car park provides greater than the minimum car parking requirements for the site.

The visitor parking strategy has been revised to provide 4 visitor parking spaces within the site and an additional 11 parking spaces located on Church Street will be delineated with formalised line marking, note this location on Church Street is currently unmarked and will assist with formalising public on street car parking and public amenity. These spaces will not be dedicated or owned by the proposed development.

This is considered acceptable, as the required car parking spaces have been provided within the basement. The only short fall is dedicated onsite visitor spaces. Additionally, providing delineated on street car parking will provide improved street amenity compared to the existing informal parking.

Acceptable, as the justification has met the criteria of this clause.

3J - 2 Parking and facilities are provided for other modes of transport

Conveniently located and sufficient numbers of parking spaces should be provided for motorbikes and scooters.

Secure undercover bicycle parking should be provided that is easily accessible from both the public domain and common areas.

Conveniently located charging stations are provided for electric vehicles, where desirable

The basement car park allows for vehicle spaces to be used for motorbikes etc. Storage areas are available for bicycles.

Yes

3J - 3 Car park design and access is safe and secure

Supporting facilities within car parks, including garbage, plant and switch rooms, storage areas and car wash bays can be accessed without crossing car parking spaces.

Direct, clearly visible and well lit access should be provided into common circulation areas.

A clearly defined and visible lobby or waiting area should be provided to lifts and stairs.

For larger car parks, safe pedestrian access should be clearly defined and circulation areas have good lighting, colour, line marking and/or bollards

Support facilities available and carpark design satisfactory.

The proposal does not include a car wash bay as there is no requirement under the PMHC DCP or the Apartment Design Guide. Commercial car wash facilities are available in close proximity to the site.

Yes

3J - 4 Visual and environmental impacts of underground car parking are minimised

Excavation should be minimised through efficient car park layouts and ramp design.

Car parking layout should be well organised, using a logical, efficient structural grid and double loaded aisles.

Protrusion of car parks should not exceed 1m above ground level. Design solutions may include stepping car park levels or using split levels on sloping sites.

Natural ventilation should be provided to basement and sub basement car parking areas.

Ventilation grills or screening devices for car parking openings should be integrated into the facade and landscape design

Excavation minimised to that practical given the desired density for the site.

Layout is well organised with a logical layout and design has utilised a split level layout with ground level entry to townhouses.

Basement car parking is discretely ventilated by integrating supply air with a garden pavilion and ducting exhaust air to the rooftop of the apartment building. This avoids grilles within the ground plane and allows soft landscaping to predominate.

Yes

3J - 5 Visual and environmental impacts of on-grade car parking are minimised

On-grade car parking should be avoided.

Where on-grade car parking is unavoidable, the following design solutions are used:

·    parking is located on the side or rear of the lot away from the primary street frontage

·    cars are screened from view of streets, buildings, communal and private open space areas

·    safe and direct access to building entry points is provided

·    parking is incorporated into the landscape design of the site, by extending planting and materials into the car park space

·    stormwater run-off is managed appropriately from car parking surfaces • bio-swales, rain gardens or on site detention tanks are provided, where appropriate

·    light coloured paving materials or permeable paving systems are used and shade trees are planted between every 4-5 parking spaces to reduce increased surface temperatures from large areas of paving

None proposed.

N/A

3J - 6 Visual and environmental impacts of above ground enclosed car parking are minimised

Exposed parking should not be located along primary street frontages

Screening, landscaping and other design elements including public art should be used to integrate the above ground car parking with the facade. Design solutions may include:

·   car parking that is concealed behind the facade, with windows integrated into the overall facade design (approach should be limited to developments where a larger floor plate podium is suitable at lower levels)

·   car parking that is ‘wrapped’ with other uses, such as retail, commercial or two storey Small Office/Home Office (SOHO) units along the street frontage (see figure 3J.9).

Positive street address and active frontages should be provided at ground level

Above ground parking on Southern elevation is screened by the ground floor of the 6 townhouses and not visible from the street, which satisfies the ADG.

Yes

4A Solar and daylight access

4A - 1 To optimise the number of apartments receiving sunlight to habitable rooms, primary windows and private open space

Design Criteria

1. Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas.

2. In all other areas, living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 3 hours direct sunlight between 9 am and 3 pm at mid winter.

3. A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid winter

The design maximises north aspect and the number of single aspect south facing apartments is minimised.

Single aspect, single storey apartments should have a northerly or easterly aspect.

Living areas are best located to the north and service areas to the south and west of apartments.

To optimise the direct sunlight to habitable rooms and balconies a number of the following design features are used:

·    dual aspect apartments

·    shallow apartment layouts

·    two storey and mezzanine level apartments

·    bay windows

To maximise the benefit to residents of direct sunlight within living rooms and private open spaces, a minimum of 1m² of direct sunlight, measured at 1m above floor level, is achieved for at least 15 minutes.

Achieving the design criteria may not be possible on some sites. This includes:

·    where greater residential amenity can be achieved along a busy road or rail line by orientating the living rooms away from the noise source

·    on south facing sloping sites

·    where significant views are oriented away from the desired aspect for direct sunlight

Design drawings need to demonstrate how site constraints and orientation preclude meeting the design criteria and how the development meets the objective.

The proposal orientates all living rooms and private open spaces to the north. Living rooms and private open spaces of 86% of apartments and townhouses receive greater than 3 hours direct sunlight between 9am and 3pm on the winter solstice.

Northern aspects have been maximised in the design.

No single aspect apartment or townhouses proposed.

More than 1m² sunlight for 15min achieved to living areas.

The Design has achieved desired criteria under this clause.

Yes

4A - 2 Daylight access is maximised where sunlight is limited

Courtyards, skylights and high level windows (with sills of 1,500mm or greater) are used only as a secondary light source in habitable rooms.

Where courtyards are used:

·   use is restricted to kitchens, bathrooms and service areas

·   building services are concealed with appropriate detailing and materials to visible walls

·   courtyards are fully open to the sky

·   access is provided to the light well from a communal area for cleaning and maintenance

·   acoustic privacy, fire safety and minimum privacy separation distances (see section 3F Visual privacy) are achieved.

Opportunities for reflected light into apartments are optimised through:

·    reflective exterior surfaces on buildings opposite south facing windows

·    positioning windows to face other buildings or surfaces (on neighbouring sites or within the site) that will reflect light

·    integrating light shelves into the design

·    light coloured internal finishes

Where townhouses do not achieve 3 hours of sunlight at mid-winter, they still receive access to daylight due to the wide 20m interface to the apartment building.

The proposal maintains each end of the central garden entirely open to maximise daylighting and solar access. Note, this also allows solar access to adjoining properties.

No need to incorporate design solutions to achieve of daylight access.

Yes

4A - 3 Design incorporates shading and glare control, particularly for warmer months

A number of the following design features are used:

·    balconies or sun shading that extend far enough to shade summer sun, but allow winter sun to penetrate living areas

·    shading devices such as eaves, awnings, balconies, pergolas, external louvres and planting

·    horizontal shading to north facing windows

·    vertical shading to east and particularly west facing windows

·    operable shading to allow adjustment and choice

·    high performance glass that minimises external glare off windows, with consideration given to reduced tint glass or glass with a reflectance level below 20% (reflective films are avoided)

The design incorporates appropriate passive sun control elements. Most of the northern façade includes deep balconies (apartments) or pergolas (townhouses). Glazing is minimised to eastern and western facades and where it is used the majority is screened with vertical louvres angled to maintain ocean views.

Yes

4B Natural ventilation

4B - 1 All habitable rooms are naturally ventilated

The building's orientation maximises capture and use of prevailing breezes for natural ventilation in habitable rooms.

Depths of habitable rooms support natural ventilation.

The area of unobstructed window openings should be equal to at least 5% of the floor area served.

Light wells are not the primary air source for habitable rooms.

Doors and openable windows maximise natural ventilation opportunities by using the following design solutions:

·    adjustable windows with large effective openable areas

·    a variety of window types that provide safety and flexibility such as awnings and louvres

·    windows which the occupants can reconfigure to funnel breezes into the apartment such as vertical louvres, casement windows and externally opening doors

Design and location of openings make use of natural ventilation.

Yes

4B - 2 The layout and design of single aspect apartments maximises natural ventilation

Apartment depths are limited to maximise ventilation and airflow (see also figure 4D.3)

Natural ventilation to single aspect apartments is achieved with the following design solutions:

·    primary windows are augmented with plenums and light wells (generally not suitable for cross ventilation)

·    stack effect ventilation / solar chimneys or similar to naturally ventilate internal building areas or rooms such as bathrooms and laundries

·    courtyards or building indentations have a width to depth ratio of 2:1 or 3:1 to ensure effective air circulation and avoid trapped smells

Depth of units is acceptable given multiple aspect to allow light and ventilation.

Yes

4B - 3 The number of apartments with natural cross ventilation is maximised to create a comfortable indoor environment for residents

Design Criteria

1. At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed.

2. Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.

The building should include dual aspect apartments, cross through apartments and corner apartments and limit apartment depths.

In cross-through apartments external window and door opening sizes/areas on one side of an apartment (inlet side) are approximately equal to the external window and door opening sizes/areas on the other side of the apartment (outlet side) (see figure 4B.4).

Apartments are designed to minimise the number of corners, doors and rooms that might obstruct airflow.

Apartment depths, combined with appropriate ceiling heights, maximise cross ventilation and airflow

100% of apartments and townhouses are naturally cross ventilated and have dual aspects, which exceeds the minimum ADG recommendation of 60%.

Cross through depth of apartments does not exceed 18m and designed with limited number of corners, doors and rooms that might obstruct airflow.

Yes

4C Ceiling heights

4C - 1 Ceiling height achieves sufficient natural ventilation and daylight access

Design Criteria

1. Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

Minimum ceiling height for apartment and mixed use buildings

Habitable rooms =  2.7m

Non-habitable = 2.4m

For 2 storey apartments =  2.7m for main living area floor and 2.4m for second floor, where its area does not exceed 50% of the apartment area

Attic spaces = 1.8m at edge of room with a 30 degree minimum ceiling slope

If located in mixed use areas = 3.3m for ground and first floor to promote future flexibility of use

These minimums do not preclude higher ceilings if desired.

Ceiling height can accommodate use of ceiling fans for cooling and heat distribution.

Units have 2.7m ceiling heights in habitable rooms and 2.4m for non-habitable rooms.

Development not located in mix use area.

Yes

4C - 2 Ceiling height increases the sense of space in apartments and provides for well proportioned rooms

A number of the following design solutions can be used:

·    the hierarchy of rooms in an apartment is defined using changes in ceiling heights and alternatives such as raked or curved ceilings, or double height spaces

·    well proportioned rooms are provided, for example, smaller rooms feel larger and more spacious with higher ceilings

·    ceiling heights are maximised in habitable rooms by ensuring that bulkheads do not intrude. The stacking of service rooms from floor to floor and coordination of bulkhead location above non-habitable areas, such as robes or storage, can assist

Ceiling heights are acceptable throughout the development.

Yes

4C - 3 Ceiling heights contribute to the flexibility of building use over the life of the building

Ceiling heights of lower level apartments in centres should be greater than the minimum required by the design criteria allowing flexibility and conversion to non-residential uses (see figure 4C.1)

Development is not located in a commercial or mixed use zone.

N/A

4D Apartment size and layout

4D - 1 The layout of rooms within an apartment is functional, well organised and provides a high standard of amenity

Design Criteria

1. Apartments are required to have the following minimum internal areas:

Studio = 35m²

1 bedroom = 50m²

2 bedroom = 70m²

3 bedroom = 90m²

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m² each.

A fourth bedroom and further additional bedrooms increase the minimum internal area by 12m² each.

2. Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.

Kitchens should not be located as part of the main circulation space in larger apartments (such as hallway or entry space).

A window should be visible from any point in a habitable room.

Where minimum areas or room dimensions are not met apartments need to demonstrate that they are well designed and demonstrate the usability and functionality of the space with realistically scaled furniture layouts and circulation areas. These circumstances would be assessed on their merits

The development provides 6 x 2 bedroom units, 24x 3 bedroom units and 6x 3 bedroom townhouses (all with 3 bathrooms)

The 2 bedroom units exceed 75m² (factors in extra 5m² for additional bathroom) and the 3 bedroom exceeds 100m² (factors in extra 10m² for additional 2 bathrooms).

Every habitable room has access to a window with compliant glass area.

Kitchens are not part of hallways etc.

Yes

4D - 2 Environmental performance of the apartment is maximised

Design Criteria

1. Habitable room depths are limited to a maximum of 2.5 x the ceiling height.

2. In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window.

Greater than minimum ceiling heights can allow for proportional increases in room depth up to the permitted maximum depths.

All living areas and bedrooms should be located on the external face of the building.

Where possible:

·    bathrooms and laundries should have an external openable window.

·    main living spaces should be oriented toward the primary outlook and aspect and away from noise sources

All units include an open plan layout and generally complies with the maximum habitable room depth of 8m.

Living areas and bedrooms are located on the external face of the building.

Yes

4D - 3 Apartment layouts are designed to accommodate a variety of household activities and needs

Design Criteria

1. Master bedrooms have a minimum area of 10m² and other bedrooms 9m² (excluding wardrobe space).

2. Bedrooms have a minimum dimension of 3m (excluding wardrobe space).

3. Living rooms or combined living/dining rooms have a minimum width of:

• 3.6m for studio and 1 bedroom apartments

• 4m for 2 and 3 bedroom apartments

4. The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.

Access to bedrooms, bathrooms and laundries is separated from living areas minimising direct openings between living and service areas.

All bedrooms allow a minimum length of 1.5m for robes.

The main bedroom of an apartment or a studio apartment should be provided with a wardrobe of a minimum 1.8m long, 0.6m deep and 2.1m high.

Apartment layouts allow flexibility over time, design solutions may include:

·    dimensions that facilitate a variety of furniture arrangements and removal

·    spaces for a range of activities and privacy levels between different spaces within the apartment

·    dual master apartments

·    dual key apartments Note: dual key apartments which are separate but on the same title are regarded as two sole occupancy units for the purposes of the Building Code of Australia and for calculating the mix of apartments

·    room sizes and proportions or open plans (rectangular spaces (2:3) are more easily furnished than square spaces (1:1))

·    efficient planning of circulation by stairs, corridors and through rooms to maximise the amount of usable floor space in rooms

Master bedrooms comply with the 10m² minimum standard and other bedrooms comply with the 9m² standard.

Bedrooms comply with 3m minimum dimension.

Living rooms comply with 4m minimum dimension.

Suitable separation of rooms and bathrooms exists.

Robes in bedrooms considered acceptable.

Layouts contain flexibility for adaptable uses.

Yes

4E Private open space and balconies

4E - 1 Apartments provide appropriately sized private open space and balconies to enhance residential amenity

Design Criteria

1. All apartments are required to have primary balconies as follows:

a)   Studio apartments =  4m²

b)   1 bedroom apartments = 8m² and 2m min depth.

c)   2 bedroom apartments = 10m² and 2m min depth.

d)   3+ bedroom apartments = 12m² and 2.4m min depth.

The minimum balcony depth to be counted as contributing to the balcony area is 1m.

2. For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15m² and a minimum depth of 3m.

Increased communal open space should be provided where the number or size of balconies are reduced.

Storage areas on balconies is additional to the minimum balcony size.

Balcony use may be limited in some proposals by:

·    consistently high wind speeds at 10 storeys and above

·    close proximity to road, rail or other noise sources

·    exposure to significant levels of aircraft noise

·    heritage and adaptive reuse of existing buildings

In these situations, juliet balconies, operable walls, enclosed wintergardens or bay windows may be appropriate, and other amenity benefits for occupants should also be provided in the apartments or in the development or both. Natural ventilation also needs to be demonstrated

All units have balconies and primary open space that exceeds minimum ADG dimensions (Minimum 35m2).

All townhouses have podium private open space area exceeding 15m2

Yes

4E - 2 Primary private open space and balconies are appropriately located to enhance liveability for residents

Primary open space and balconies should be located adjacent to the living room, dining room or kitchen to extend the living space.

Private open spaces and balconies predominantly face north, east or west.

Primary open space and balconies should be orientated with the longer side facing outwards or be open to the sky to optimise daylight access into adjacent rooms.

Private open space areas adjoin living areas and are not located on southern elevations.

Balconies contain suitable access.

Yes

4E - 3 Private open space and balcony design is integrated into and contributes to the overall architectural form and detail of the building

Solid, partially solid or transparent fences and balustrades are selected to respond to the location. They are designed to allow views and passive surveillance of the street while maintaining visual privacy and allowing for a range of uses on the balcony. Solid and partially solid balustrades are preferred.

Full width full height glass balustrades alone are generally not desirable.

Projecting balconies should be integrated into the building design and the design of soffits considered.

Operable screens, shutters, hoods and pergolas are used to control sunlight and wind.

Balustrades are set back from the building or balcony edge where overlooking or safety is an issue.

Downpipes and balcony drainage are integrated with the overall facade and building design.

Air-conditioning units should be located on roofs, in basements, or fully integrated into the building design.

Where clothes drying, storage or air conditioning units are located on balconies, they should be screened and integrated in the building design.

Ceilings of apartments below terraces should be insulated to avoid heat loss.

Water and gas outlets should be provided for primary balconies and private open space

Suitable mixture of solid and glass balustrades used to provide views and privacy.

Balconies on level 1 to 4 have partially solid balustrades and levels 5 to 8 have predominately glass.

Balconies suitably comply with requirements.

Yes

4E - 4 Private open space and balcony design maximises safety.

Changes in ground levels or landscaping are minimised.

Design and detailing of balconies avoids opportunities for climbing and falls.

Balcony design will need to comply with the Building Code of Australia for safety reasons.

Yes

4F Common circulation and spaces

4F - 1 Common circulation spaces achieve good amenity and properly service the number of apartments

Design Criteria

1. The maximum number of apartments off a circulation core on a single level is eight.

2. For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.

Greater than minimum requirements for corridor widths and/ or ceiling heights allow comfortable movement and access particularly in entry lobbies, outside lifts and at apartment entry doors.

Daylight and natural ventilation should be provided to all common circulation spaces that are above ground.

Windows should be provided in common circulation spaces and should be adjacent to the stair or lift core or at the ends of corridors.

Longer corridors greater than 12m in length from the lift core should be articulated. Design solutions may include:

·    a series of foyer areas with windows and spaces for seating

·    wider areas at apartment entry doors and varied ceiling heights

Design common circulation spaces to maximise opportunities for dual aspect apartments, including multiple core apartment buildings and cross over apartments.

Achieving the design criteria for the number of apartments off a circulation core may not be possible. Where a development is unable to achieve the design criteria, a high level of amenity for common lobbies, corridors and apartments should be demonstrated, including:

·    sunlight and natural cross ventilation in apartments

·    access to ample daylight and natural ventilation in common circulation spaces

·    common areas for seating and gathering

·    generous corridors with greater than minimum ceiling heights

·    other innovative design solutions that provide high levels of amenity

Where design criteria 1 is not achieved, no more than 12 apartments should be provided off a circulation core on a single level.

Primary living room or bedroom windows should not open directly onto common circulation spaces, whether open or enclosed. Visual and acoustic privacy from common circulation spaces to any other rooms should be carefully controlled

Maximum number of units off a circulation core is 2, which is less than the ADG recommendation of 8.

Design complies with natural light and ventilation requirements.

Corridors have allowed dual aspect apartments.

Living areas do not directly access core area.

Additional design mitigation elements are not recommended for visual or acoustic privacy.

Yes

4F - 2 Common circulation spaces promote safety and provide for social interaction between residents

Direct and legible access should be provided between vertical circulation points and apartment entries by minimising corridor or gallery length to give short, straight, clear sight lines.

Tight corners and spaces are avoided.

Circulation spaces should be well lit at night.

Legible signage should be provided for apartment numbers, common areas and general wayfinding.

Incidental spaces, for example space for seating in a corridor, at a stair landing, or near a window are provided.

In larger developments, community rooms for activities such as owners corporation meetings or resident use should be provided and are ideally co-located with communal open space.

Where external galleries are provided, they are more open than closed above the balustrade along their length.

Common areas are short in length and contain suitable width to allow access.

Tight corners and spaces have been avoided.

Circulation area are provided with daylight access and able to be well lit at night.

Communal open space is available for residential meetings.

Yes

4G Storage

4G - 1 Adequate, well designed storage is provided in each apartment

Design Criteria

1. In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

a)   Studio apartments = 4m³.

b)   1 bedroom apartments = 6m³.

c)   2 bedroom apartments 8m³.

d)   3+ bedroom apartments = 10m³.

 At least 50% of the required storage is to be located within the apartment.

Storage is accessible from either circulation or living areas.

Storage provided on balconies (in addition to the minimum balcony size) is integrated into the balcony design, weather proof and screened from view from the street.

Left over space such as under stairs is used for storage

The 2 bedroom apartments comply with the 8m³ additional storage and the 3 bedroom apartment complies with the 10m³ additional storage.

At least 50% is provided in the unit.

Refer to drawing DA004 for summary of provision for each dwelling type in both internal and in basement.

 

Yes

4G - 2 Additional storage is conveniently located, accessible and nominated for individual apartments

Storage not located in apartments is secure and clearly allocated to specific apartments.

Storage is provided for larger and less frequently accessed items.

Storage space in internal or basement car parks is provided at the rear or side of car spaces or in cages so that allocated car parking remains accessible.

If communal storage rooms are provided they should be accessible from common circulation areas of the building.

Storage not located in an apartment is integrated into the overall building design and is not visible from the public domain.

Storage has been integrated into the design of the basement car park and not visible to the public.

Yes

4H Acoustic privacy

4H - 1 Noise transfer is minimised through the siting of buildings and building layout

Adequate building separation is provided within the development and from neighbouring buildings/adjacent uses (see also section 2F Building separation and section 3F Visual privacy).

Window and door openings are generally orientated away from noise sources.

Noisy areas within buildings including building entries and corridors should be located next to or above each other and quieter areas next to or above quieter areas.

Storage, circulation areas and non-habitable rooms should be located to buffer noise from external sources.

The number of party walls (walls shared with other apartments) are limited and are appropriately insulated.

Noise sources such as garage doors, driveways, service areas, plant rooms, building services, mechanical equipment, active communal open spaces and circulation areas should be located at least 3m away from bedrooms.

The use of separation, screening and location of high use living areas ensures no adverse acoustic issues. Living areas are also grouped through the levels of the building and townhouses.

Noisy areas such as entries and corridors grouped together.

Number of party walls have been limited to an extent.

Internal noise sources are located at least 3m away from bedrooms.

Other acoustic provisions of ADG have been suitably implemented.

Yes

4H - 2 Noise impacts are mitigated within apartments through layout and acoustic treatments

Internal apartment layout separates noisy spaces from quiet spaces, using a number of the following design solutions:

·    rooms with similar noise requirements are grouped together

·    doors separate different use zones

·    wardrobes in bedrooms are co-located to act as sound buffers

Where physical separation cannot be achieved noise conflicts are resolved using the following design solutions:

·    double or acoustic glazing

·    acoustic seals • use of materials with low noise penetration properties

·    continuous walls to ground level courtyards where they do not conflict with streetscape or other amenity requirements

Apartments are typically mirrored so avoiding shared walls between conflicting residential uses. The design is considered to have met the criteria of this clause.

Yes

4J Noise and pollution

4J - 1 In noisy or hostile environments the impacts of external noise and pollution are minimised through the careful siting and layout of buildings

To minimise impacts the following design solutions may be used:

·    physical separation between buildings and the noise or pollution source

·    residential uses are located perpendicular to the noise source and where possible buffered by other uses

·    non-residential buildings are sited to be parallel with the noise source to provide a continuous building that shields residential uses and communal open spaces

·    non-residential uses are located at lower levels vertically separating the residential component from the noise or pollution source. Setbacks to the underside of residential floor levels should increase relative to traffic volumes and other noise sources

·    buildings should respond to both solar access and noise. Where solar access is away from the noise source, nonhabitable rooms can provide a buffer

·    where solar access is in the same direction as the noise source, dual aspect apartments with shallow building depths are preferable (see figure 4J.4)

·    landscape design reduces the perception of noise and acts as a filter for air pollution generated by traffic and industry.

Achieving the design criteria in this Apartment Design Guide may not be possible in some situations due to noise and pollution. Where developments are unable to achieve the design criteria, alternatives may be considered in the following areas:

·    solar and daylight access

·    private open space and balconies

·    natural cross ventilation

Development implements and has regard for ADG requirements.

The building includes deep balconies and landscaped frontage to the more active William Street frontage to mitigate any noise concerns. This allows for a balance between providing solar access and views, which is an alternative solution within the criteria of this clause.

There are no non-residential uses proposed within the development or adjoining the subject site.

Yes

4J - 2 Appropriate noise shielding or attenuation techniques for the building design, construction and choice of materials are used to mitigate noise transmission

Design solutions to mitigate noise include:

·    limiting the number and size of openings facing noise sources

·    providing seals to prevent noise transfer through gaps

·    using double or acoustic glazing, acoustic louvres or enclosed balconies (wintergardens)

·    using materials with mass and/or sound insulation or absorption properties e.g. solid balcony balustrades, external screens and soffits

Development implements and has regard for ADG requirements.

Yes

4K Apartment mix

4K - 1 A range of apartment types and sizes is provided to cater for different household types now and into the future

A variety of apartment types is provided The apartment mix is appropriate, taking into consideration:

·    the distance to public transport, employment and education centres

·    the current market demands and projected future demographic trends

·    the demand for social and affordable housing

·    different cultural and socioeconomic groups

Flexible apartment configurations are provided to support diverse household types and stages of life including single person households, families, multi-generational families and group households.

A suitable apartment mix is provided. The units provide for a diverse household makeup.

Yes

4K - 2 The apartment mix is distributed to suitable locations within the building

Different apartment types are located to achieve successful facade composition and to optimise solar access (see figure 4K.3).

Larger apartment types are located on the ground or roof level where there is potential for more open space and on corners where more building frontage is available.

Location of apartments provides acceptable compliance with ADG.

Yes

4L Ground floor apartments

4L - 1 Street frontage activity is maximised where ground floor apartments are located

Direct street access should be provided to ground floor apartments.

Activity is achieved through front gardens, terraces and the facade of the building. Design solutions may include:

·    both street, foyer and other common internal circulation entrances to ground floor apartments

·    private open space is next to the street

·    doors and windows face the street

Retail or home office spaces should be located along street frontages.

Ground floor apartment layouts support small office home office (SOHO) use to provide future opportunities for conversion into commercial or retail areas. In these cases provide higher floor to ceiling heights and ground floor amenities for easy conversion.

All ground floor units and townhouses have direct street access, through active landscaping and private open space located next to the street.

Townhouse design is consistent with Figure 4L.3 of the ADG.

No commercial uses proposed.

The provision of an additional access in this case is not necessary in this case.

Design has adequately addressed the ADG.

Yes

4L - 2 Design of ground floor apartments delivers amenity and safety for residents

Privacy and safety should be provided without obstructing casual surveillance. Design solutions may include:

·    elevation of private gardens and terraces above the street level by 1-1.5m (see figure 4L.4)

·    landscaping and private courtyards

·    window sill heights that minimise sight lines into apartments

·    integrating balustrades, safety bars or screens with the exterior design

Solar access should be maximised through:

·    high ceilings and tall windows

·    trees and shrubs that allow solar access in winter and shade in summer

The use of appropriate fencing, screening and landscaping provides a suitable mixture of privacy and surveillance by ground floor units. Orientation to the north and large windows have been incorporated in the design to achieve solar access, which complies with the ADG.

Yes

4M Facades

4M - 1 Building facades provide visual interest along the street while respecting the character of the local area

Design solutions for front building facades may include:

·    a composition of varied building elements

·    a defined base, middle and top of buildings

·    revealing and concealing certain elements

·    changes in texture, material, detail and colour to modify the prominence of elements

Building services should be integrated within the overall façade.

Building facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale. Design solutions may include:

·    well composed horizontal and vertical elements

·    variation in floor heights to enhance the human scale

·    elements that are proportional and arranged in patterns

·    public artwork or treatments to exterior blank walls

·    grouping of floors or elements such as balconies and windows on taller buildings

Building facades relate to key datum lines of adjacent buildings through upper level setbacks, parapets, cornices, awnings or colonnade heights.

Shadow is created on the facade throughout the day with building articulation, balconies and deeper window reveals.

The building façade contains suitable elements that comply with ADG requirements creating visual interest.

Yes

4M - 2 Building functions are expressed by the facade

Building entries should be clearly defined.

Important corners are given visual prominence through a change in articulation, materials or colour, roof expression or changes in height.

The apartment layout should be expressed externally through facade features such as party walls and floor slabs

Entries are clearly defined.

The building provides suitable articulation and apartment layout expressed externally through façade features.

Yes

4N Roof design

4N - 1 Roof treatments are integrated into the building design and positively respond to the street

Roof design relates to the street. Design solutions may include:

·    special roof features and strong corners

·    use of skillion or very low pitch hipped roofs

·    breaking down the massing of the roof by using smaller elements to avoid bulk

·    using materials or a pitched form complementary to adjacent buildings

Roof treatments should be integrated with the building design. Design solutions may include:

·    roof design proportionate to the overall building size, scale and form

·    roof materials compliment the building

·    service elements are integrated

Roof design is acceptable.

Bulk of the roof has been minimised by using architectural details.

Service elements are located away from the street frontage.

The Townhouses have steeply pitched roofs to clearly identify each dwelling and create interesting streetscape.

Yes

4N - 2 Opportunities to use roof space for residential accommodation and open space are maximised

Habitable roof space should be provided with good levels of amenity. Design solutions may include:

·    penthouse apartments

·    dormer or clerestory windows

·    openable skylights

Open space is provided on roof tops subject to acceptable visual and acoustic privacy, comfort levels, safety and security considerations.

Top floor apartments proposed with large balcony. Acceptable privacy levels achieved.

Yes

4N - 3 Roof design incorporates sustainability features

Roof design maximises solar access to apartments during winter and provides shade during summer. Design solutions may include:

·    the roof lifts to the north

·    eaves and overhangs shade walls and windows from summer sun.

Skylights and ventilation systems should be integrated into the roof design

Roof design provides suitable shading and solar access.

Yes

4O Landscape design

4O - 1 Landscape design is viable and sustainable

Landscape design should be environmentally sustainable and can enhance environmental performance by incorporating:

·   diverse and appropriate planting

·   bio-filtration gardens

·   appropriately planted shading trees

·   areas for residents to plant vegetables and herbs

·   composting

-     green roofs or walls

Ongoing maintenance plans should be prepared.

Microclimate is enhanced by:

·    appropriately scaled trees near the eastern and western elevations for shade

·    a balance of evergreen and deciduous trees to provide shading in summer and sunlight access in winter

·    shade structures such as pergolas for balconies and courtyards

Tree and shrub selection considers size at maturity and the potential for roots to compete (see Table 4)

Table 4 requires

·    For site area up to 850m² = 1 medium tree per 50m² of deep soil zone

·    Between 850 - 1,500m² = 1 large tree or 2 medium trees per 90m² of deep soil zone

·    Greater than 1,500m² =  1 large tree or 2 medium trees per 80m² of deep soil zone

Suitable landscape plan provided.

The landscape has been designed with great diversity in planting stock and size reinforcing pedestrian ways and communal open space.

Trees and shrub selection has considered size and roots, as well as microclimates and Town Beach Masterplan under the PMHC-LEP.

Small size trees are proposed within deep spoil zones and podium planting.

Yes

4O - 2 Landscape design contributes to the streetscape and amenity

Landscape design responds to the existing site conditions including:

·    changes of levels

·    views

·    significant landscape features including trees and rock outcrops

Significant landscape features should be protected by:

·    tree protection zones (see figure 4O.5)

·    appropriate signage and fencing during construction

Plants selected should be endemic to the region and reflect the local ecology

Suitable landscaping provided.

Yes

4P Planting on structures

4P - 1 Appropriate soil profiles are provided

Structures are reinforced for additional saturated soil weight

Soil volume is appropriate for plant growth, considerations include:

·    modifying depths and widths according to the planting mix and irrigation frequency

·    free draining and long soil life span

·    tree anchorage

Minimum soil standards for plant sizes should be provided in accordance with Table 5.

Table 5 requires

·    Large trees 12-18m high, up to 16m crown spread at maturity = need 150m³ of soil at a depth of 1,200mm and area of 10m x 10m or equivalent.

·    Medium trees 8-12m high, up to 8m crown spread at maturity = need 35m³ of soil at a depth of 1,000mm and area of 6m x 6m or equivalent.

·    Small trees 6-8m high, up to 4m crown spread at maturity = need 9m³  of soil at a depth of 800mm and area of 3.5m x 3.5m or equivalent.

·    Shrubs need soil depth of 500-600mm

·    Ground cover needs soil depth of 300-450mm

·    Turf needs soil depth of 200mm

Planting zones over the basement have been designed to achieve 600-800mm soil depth where planting is proposed. Turf areas over the basement are designed with the required 200mm soil depth and larger trees in these areas are to be in pots. This complies with the ADG.

Engineering plans to be supplied prior to Construction Certificate.

Yes

4P - 2 Plant growth is optimised with appropriate selection and maintenance

Plants are suited to site conditions, considerations include:

·    drought and wind tolerance

·    seasonal changes in solar access

·    modified substrate depths for a diverse range of plants

·    plant longevity

A landscape maintenance plan is prepared.

Irrigation and drainage systems respond to:

·    changing site conditions

·    soil profile and the planting regime

·    whether rainwater, stormwater or recycled grey water is used

Landscaping plans have included adequate plant selection for the proposal.

Yes

4P - 3 Planting on structures contributes to the quality and amenity of communal and public open spaces

Building design incorporates opportunities for planting on structures. Design solutions may include:

·    green walls with specialised lighting for indoor green walls

·    wall design that incorporates planting

·    green roofs, particularly where roofs are visible from the public domain

·    planter boxes

Note: structures designed to accommodate green walls should be integrated into the building facade and consider the ability of the facade to change over time

Design contains adequate plantings  within the site such areas above the basement car park to form the ground level landscaping.

Yes

4Q Universal design

4Q - 1 Universal design features are included in apartment design to promote flexible housing for all community members

Developments achieve a benchmark of 20% of the total apartments incorporating the Liveable Housing Guideline's silver level universal design features

Liveable Housing Guideline’s Compliance Report by Indesign Access dated 30/05/2019, has been provided to support the proposal. It states that greater than 20% of the dwellings in the development have been designed to achieve the Liveable Housing Guideline’s Silver Level design features so is compliant with ADG recommendations.

Yes

4Q - 2 A variety of apartments with adaptable designs are provided

Adaptable housing should be provided in accordance with the relevant council policy Design solutions for adaptable apartments include:

·    convenient access to communal and public areas

·    high level of solar access

·    minimal structural change and residential amenity loss when adapted

·    larger car parking spaces for accessibility

·    parking titled separately from apartments or shared car parking arrangements

Building design allows adaptability.

Yes

4Q - 3 Apartment layouts are flexible and accommodate a range of lifestyle needs

Apartment design incorporates flexible design solutions which may include:

·    rooms with multiple functions

·    dual master bedroom apartments with separate bathrooms

·    larger apartments with various living space options

·    open plan ‘loft’ style apartments with only a fixed kitchen, laundry and bathroom

Apartment design allows for flexible room usage and living space.

Yes

4R Adaptive reuse

4R - 1 New additions to existing buildings are contemporary and complementary and enhance an area's identity and sense of place

Design solutions may include:

·    new elements to align with the existing building

·    additions that complement the existing character, siting, scale, proportion, pattern, form and detailing

·    use of contemporary and complementary materials, finishes, textures and colours

Additions to heritage items should be clearly identifiable from the original building.

New additions allow for the interpretation and future evolution of the building.

No additions proposed.

N/A

4R - 2 Adapted buildings provide residential amenity while not precluding future adaptive reuse

Design features should be incorporated sensitively into adapted buildings to make up for any physical limitations, to ensure residential amenity is achieved. Design solutions may include:

·    generously sized voids in deeper buildings

·    alternative apartment types when orientation is poor

·    using additions to expand the existing building envelope

Some proposals that adapt existing buildings may not be able to achieve all of the design criteria in this Apartment Design Guide. Where developments are unable to achieve the design criteria, alternatives could be considered in the following areas:

·    where there are existing higher ceilings, depths of habitable rooms could increase subject to demonstrating access to natural ventilation, cross ventilation (when applicable) and solar and daylight access (see also sections 4A Solar and daylight access and 4B Natural ventilation)

·    alternatives to providing deep soil where less than the minimum requirement is currently available on the site

·    building and visual separation – subject to demonstrating alternative design approaches to achieving privacy

·    common circulation

·    car parking

·    alternative approaches to private open space and balconies

Not an adapted building.

N/A

4S Mixed use

4S - 1 Mixed use developments are provided in appropriate locations and provide active street frontages that encourage pedestrian movement

Mixed use development should be concentrated around public transport and centres.

Mixed use developments positively contribute to the public domain. Design solutions may include:

·   development addresses the street

·   active frontages are provided

·   diverse activities and uses

·   avoiding blank walls at the ground level

·   live/work apartments on the ground floor level, rather than commercial

Not a mixed use development.

N/A

4S - 2 Residential levels of the building are integrated within the development, and safety and amenity is maximised for residents

Residential circulation areas should be clearly defined. Design solutions may include:

·    residential entries are separated from commercial entries and directly accessible from the street

·    commercial service areas are separated from residential components

·    residential car parking and communal facilities are separated or secured

·    security at entries and safe pedestrian routes are provided

·    concealment opportunities are avoided

Landscaped communal open space should be provided at podium or roof levels.

Development contains limited concealment/entrapment areas and provides suitable surveillance to ensure safety to occupants.

Yes

4T Awnings and signage

4T - 1 Awnings are well located and complement and integrate with the building design

Awnings should be located along streets with high pedestrian activity and active frontages.

 A number of the following design solutions are used:

·    continuous awnings are maintained and provided in areas with an existing pattern

·    height, depth, material and form complements the existing street character

·    protection from the sun and rain is provided

·    awnings are wrapped around the secondary frontages of corner sites

·    awnings are retractable in areas without an established pattern

Awnings should be located over building entries for building address and public domain amenity.

Awnings relate to residential windows, balconies, street tree planting, power poles and street infrastructure.

Gutters and down pipes should be integrated and concealed.

Lighting under awnings should be provided for pedestrian safety.

The development does not front a high pedestrian street or provide an active/commercial frontage.

Awnings are provided to identify the entry areas and lobbies on William Street and Lord Street.

Front fences and gates will delineate entrances to the proposed townhouses on Church Street.

Yes

4T - 2 Signage responds to the context and desired streetscape character

Signage should be integrated into the building design and respond to the scale, proportion and detailing of the development.

Legible and discrete way finding should be provided for larger developments.

Signage is limited to being on and below awnings and a single facade sign on the primary street frontage.

No Signage is proposed, however capable of complying if required.

N/A

4U Energy efficiency

4U - 1 Development incorporates passive environmental design

Adequate natural light is provided to habitable rooms (see 4A Solar and daylight access).

Well located, screened outdoor areas should be provided for clothes drying

Location of balconies and open space on the northern elevation ensures quality solar access.

Where townhouses do not receive 3hrs solar access at mid-winter, all habitable rooms receive satisfactory natural light (daylighting) to both rooms which face north into the central garden and rooms which face south to provide address and passive surveillance to Church Street.

The large private open space to both apartments (balconies) and townhouses (courtyards) ensures ample screened outdoor area for clothes drying.

Yes

4U - 2 Development incorporates passive solar design to optimise heat storage in winter and reduce heat transfer in summer

A number of the following design solutions are used:

·    the use of smart glass or other technologies on north and west elevations

·    thermal mass in the floors and walls of north facing rooms is maximised

·    polished concrete floors, tiles or timber rather than carpet

·    insulated roofs, walls and floors and seals on window and door openings

·    overhangs and shading devices such as awnings, blinds and screens

Provision of consolidated heating and cooling infrastructure should be located in a centralised location (e.g. the basement)

Provisions provided in the design or can be retrospectively applied. Design satisfies BASIX requirements.

Yes

4U - 3 Adequate natural ventilation minimises the need for mechanical ventilation

A number of the following design solutions are used:

·    rooms with similar usage are grouped together

·    natural cross ventilation for apartments is optimised

·    natural ventilation is provided to all habitable rooms and as many non-habitable rooms, common areas and circulation spaces as possible

All the units are provided with satisfactory amount of openings and allowances for ventilation.

Yes

4V Water management and conservation

4V - 1 Potable water use is minimised

Water efficient fittings, appliances and wastewater reuse should be incorporated.

Apartments should be individually metered.

Rainwater should be collected, stored and reused on site.

Drought tolerant, low water use plants should be used within landscaped areas

BASIX certificate provided.

Landscaping can be managed/replanted to suit. Landscaping plan drawn by suitably qualified person.

Yes

4V - 3 Flood management systems are integrated into site design

Detention tanks should be located under paved areas, driveways or in basement car parks.

On large sites parks or open spaces are designed to provide temporary on site detention basins.

Basement flood management system and detention has been designed by a suitably qualified professional. Stormwater and drainage documentation has been prepared by Sellick Consultants.

Runoff from roofs, balconies and through porous paving materials over the basement is collected and fed into the stormwater tanks below ground to the south west corner of the site.

Large area of gardens and planting will maximise the use of all collected water.

Refer to Civil Engineering plans attached to this report.

Yes

4W Waste management

4W - 1 Waste storage facilities are designed to minimise impacts on the streetscape, building entry and amenity of residents

Adequately sized storage areas for rubbish bins should be located discreetly away from the front of the development or in the basement car park.

Waste and recycling storage areas should be well ventilated.

Circulation design allows bins to be easily manoeuvred between storage and collection points.

Temporary storage should be provided for large bulk items such as mattresses.

A waste management plan should be prepared

Suitable sized basement garbage storage proposed.

Garbage area has been integrated within the basement out of sight and accessible to occupants.

Communal bulk waste enclosure has been updated after consultation with private waste collection service JR Richards & Sons, to ensure waste collection can be appropriately serviced by a waste vehicle.

Ventilation has been integrated into the designed.

Yes

4W - 2 Domestic waste is minimised by providing safe and convenient source separation and recycling

All dwellings should have a waste and recycling cupboard or temporary storage area of sufficient size to hold two days worth of waste and recycling.

Communal waste and recycling rooms are in convenient and accessible locations related to each vertical core.

For mixed use developments, residential waste and recycling storage areas and access should be separate and secure from other uses.

Alternative waste disposal methods such as composting should be provided

Bin storage areas available within dwellings.

Yes

4X Building maintenance

4X - 1 Building design detail provides protection from weathering

A number of the following design solutions are used:

·    roof overhangs to protect walls

·    hoods over windows and doors to protect openings

·    detailing horizontal edges with drip lines to avoid staining of surfaces

·    methods to eliminate or reduce planter box leaching

·    appropriate design and material selection for hostile locations

Design contains suitable weather protection measures.

Yes

4X - 2 Systems and access enable ease of maintenance

Window design enables cleaning from the inside of the building.

Building maintenance systems should be incorporated and integrated into the design of the building form, roof and façade.

Design solutions do not require external scaffolding for maintenance access.

Manually operated systems such as blinds, sunshades and curtains are used in preference to mechanical systems.

Centralised maintenance, services and storage should be provided for communal open space areas within the building.

Except for several southern windows, the majority of windows could be accessed via balconies/extension poles.

Remainder would need scaffolding or abseiling equipment.

Adequate storage and maintenance storage available.

Yes

4X - 3 Material selection reduces ongoing maintenance costs

A number of the following design solutions are used:

·    sensors to control artificial lighting in common circulation and spaces

·    natural materials that weather well and improve with time such as face brickwork

·    easily cleaned surfaces that are graffiti resistant

·    robust and durable materials and finishes are used in locations which receive heavy wear and tear, such as common circulation areas and lift interiors

Generally robust and modern materials and finishes will be selected. Majority of the building can be accessed for maintenance from time to time.

Yes

 

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

 

A BASIX certificate (number 1016830M) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP.  It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

 

State Environmental Planning Policy (Infrastructure) 2007

 

Clause 45 – Development in proximity to electricity infrastructure – referral to Essential Energy required for any of the following:

(a)  the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,

(b)  development carried out:

(i)      within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

(ii)      immediately adjacent to an electricity substation, or

(iii)     within 5m of an exposed overhead electricity power line,

 

Pursuant to Clause 45 the application was referred to Essential Energy. The proposed development is located adjacent to overhead power lines along Church Street frontage and a new substation is proposed within the property boundary. The nearby overhead electricity lines will be carefully planned around during the excavation and construction works. Essential Energy is satisfied that compliance can be achieved and final approval of the substation site will be provided as part of the design certification process. Essential Energy has provided concurrence and general comments.

 

The development does not trigger any of the traffic generating development thresholds of Clause 104. Referral to the RMS is not required.

 

Based on the above, the proposed development addresses relevant clauses in the SEPP and will not to create any significant adverse conflicts that are identifiable.

 

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 R4 High Density Residential.

·    Clause 2.3(1) and the R4 zone land use table - The proposed development for a residential flat building is a permissible land use with consent.

 

The objectives of the R4 zone are as follows:

To provide for the housing needs of the community within a high density residential environment.

To provide a variety of housing types within a high density residential environment.

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

To provide for tourist and visitor accommodation in key tourist precincts of urban areas of the Council area, while also encouraging increased population levels.

To encourage development that has regard to the desired future character of streets and supports active and safe uses at pedestrian level.

 

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

The proposal is a permissible land use;

The development will provide appropriate high density residential apartments and medium density townhouses to meet the housing needs of the community;

The proposal has regard to the desired character of the street and supports safe use at the pedestrian level.

·             

·        Clause 4.3 - This clause establishes the maximum “height of a building” (or building height) that a building may be built to on any parcel of land. The term “building height (or height of building)” is defined in the LEP to mean “the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like”. The term “ground level (existing)” is also defined in the LEP to mean “the existing level of a site at any point”.

 

The subject site has three applicable maximum building heights identified on the Height of Buildings Map of:

- 26.5 metres to the northern portion of the site,

- 19.0 metres to the south-western portion of the site, and,

- 17.5 metres to the south-eastern portion of the site.

 

The maximum height of building is 27.8m. The majority of the proposed development complies with the standard. The height variation proposed is considered minor, being approximately 0.5 - 1.3m where the building steps down the sloping site and is lower than the current DA, DA2006/593, as modified, approved building height. Refer to drawing DA006 and DA203 by Stewart Architects, which demonstrates the areas of the building that exceed the height limit and the currently approved building envelopment.

 

In considering the height variation, compliance with the objectives of Clause 4.3 of the LEP have been considered below:

 

(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

 

Comment:

The variation is for the lift overrun, mechanical plant height and southern roof parapet of the multi-unit residential building, the habitable spaces of the building sit wholly beneath the 26.5m height limit to William st, with limited visibility of the variation from William and Lord Street.

 

The southern portion of the site proposed 6 townhouses, well below the permissible building heights of 19m and 17.5m.

 

It should be noted that the proposed building height is below the current active approval for the site by 2.4m (DA2006/593).

 

The locality is characterised by a number of other residential flat buildings ranging in height from three to eight storeys above ground level. Examples of existing residential flat buildings include 46 - 48 William Street, 44 William Street, 40 William Street, 18 Lord Street, 12 - 24 William St and 67 William Street.

 

Based on the above, the proposed height, bulk and scale of the development is considered compatible with the existing and desired future character of the locality.

 

(b)   to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,

 

Comment:

The visual impact of the building is considered satisfactory for the following reasons:

·        The application generally complies with SEPP 65 and the Apartment Design Guide. See comments earlier under SEPP 65 - Design Quality of Residential Flat Development.

·        The main variations are located behind the facades of the building and will not be identifiable at street level or disrupt any existing views.

·        The variations are minor equating to 0.5m to 1.3m over the 26.5m Height of Building, equating to <5% variation being sort.

·        With the variation only being lift overrun, mechanical plant height and southern roof parapet. The exceedance of the apartments represents 4.6% of the overall roof area.

·        The building height is of a comparable scale to others in the area and will therefore not be visually dominant.

·        The southern portion of the development is well under the Height of Building levels.

·        The variation is not seeking additional development yield.

 

View impacts and solar access are considered in detail later in this report under ‘View Sharing’ and ‘Overshadowing’. The proposed variation is unlikely to create any adverse view loss or overshadowing.

 

Potential privacy impacts are considered under the relevant DCP provisions below and have been satisfactorily addressed in the building design. The height variation has no adverse impacts on privacy of adjoining developments.

 

(c)  to minimise the adverse impact of development on heritage conservation areas and heritage items,

 

Comment:

The subject site has potential to contain historical archaeological relics, which are protected under s.139 of the Heritage Act 1977. The Applicant must obtain an approval under s.141 of the Heritage Act 1977 prior to any harm occurring to relics. The Height variation does not adversely affect any Heritage items within the site or adjoining.

 

(d)  to nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan.

 

Comment:

The height limits for the area were recently reviewed via Amendment 31 of LEP 2011 with 26.5m, 19m and 17.5m height limits being nominated over the site. The proposed height is compatible with other buildings in the area and is lower than the currently active development approval on the site for a Residential Flat Building. Therefore, the proposed height is considered to be consistent with other buildings in the area and transitions well into the future strategic heights for the locality. The minor variations do not compromise this intent.

 

In addition to the above, the applicant has lodged a written request in accordance with Clause 4.6 of the LEP objecting to the 26.5m building height standard applying to the site which is established under Clause 4.3 (see Clause 4.6 comments below).

 

·        Clause 4.4 - the floor space ratio of the proposal is approximately 2:1 which complies with the maximum 3:1 (Northern portion) and 2:1 Southern Portion) floor space ratio applying to the site.

·                      

·                     The northern portion of the proposal has a gross floor area (GFA) of 3662.5m2, whilst the southern portion of the site has a proposed GFA of 1227.5m2, a total site GFA of 4888.0m2 and has a total site land area of 2525m2 therefore satisfactorily complying with this clause by achieving a 1.94:1 floor space ratio. Refer to the architectural documentation, drawing DA010 - area plan, for further information.

·                      

·        Clause 4.6, consent must not be granted for a proposal that contravenes a development standard unless the consent authority has considered a written request from the applicant that justifies the variation by showing that the subject standard is unreasonable 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 building  standard based on the following reasons:

o The proposed development achieves the objectives of the set out by the R4 High Density Residential Zone, and the objectives of both Clause 4.3 Height of Buildings, and Clause 4.4 Floor Space Ratio. (See above)

Having considered the application and Clause 4.6 variation, the proposal will have limited impact on the environment as per the reasons identified by the Applicant. In addition, it is also considered that the development satisfies a clause 4.6 variation by the following:

o The variations are 0.5m to 1.3m over the 26.5m Height of Building, equating to <5% variation being sort.

o The variation are limited to the lift area and roof parapet, which is central to the site and not visible from William St.

o There are similar sized buildings within 500m of the site. As a result, the proposed height and minor variation is not unreasonable within the context of the area.

o There will be no identifiable public domain impacts due to the variation.

o In comparison to the current approved plans DA2006.593, the development proposes a reduced height, as well as provides greater front and side setbacks, which further reduces the bulk of the building. It also aids in more of the units achieving solar access, and natural ventilation.

o The development is well articulated which further reduces the bulk of the building.

o The height complies along the William Street elevation points, being the primary street frontage.

o Through the use of screening and separation, there will be no loss of privacy between adjoining developments.

o Height is increased to reduce excavation and minimise steep car parking areas (i.e. making car parking more accessible). It also helps reduce cost and allow for better detail in other aspects of the design.

o The height contributes to the ability to provide adaptable housing and a range of units types to meet the desired demographic of the area.

o The overall design and height meets the existing and proposed future character of the area.

o The development contains significant sections of compliance with the maximum building height across the development.

o No habitable areas above the permissible height limit. Therefore no adverse privacy concerns are apparent due to the variation.

o The development is consistent with the zoning and height objectives of the LEP 2011 and is unlikely to have any implications on State related issues or the broader public interest.

o The floor to ceiling heights are not excessive.

o The variation will not obstruct views to the Hastings River, Town Beach, Ocean and broader Port Macquarie from any existing buildings within the locality of the subject site. However, it should be noted that the loss of views will occur from components of the building considered compliant with the building height and footprint standards.

o There is public interest in the efficient use of land within proximity to existing services and infrastructure. Such development encourages walking, cycling and use of public transport and decreases ongoing maintenance costs for public infrastructure compared to lower density residential development. The height of the building has helped maximise the FSR and true development potential of the property.

As per Planning Circulars PS 08-003 & 08-014, Council can assume the Director’s Concurrence for variations to height limits. In addition, the variation approximately 5% over the height limit and variations less than 10% can be determined by the Development Assessment Panel, which provides transparency to the decision.

·        Clause 5.9 – no listed trees in Development Control Plan 2013 are proposed to be removed. Trees on Church Street frontage have been recently removed by Council.

·        Clause 5.10 – The subject site is identified as being within a heritage item – archaeological site zone. Schedule 5 of the Port Macquarie-Hastings LEP identifies this to be an archaeological zone of early European settlement. The site was assessed under a previous development consent (The Charles) and no further actions were required and therefore no further investigations are proposed. The development application was referred to the Heritage Council of New South Wales and appropriate conditions have been recommended.

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

 

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

 

No draft instruments apply to the site.

 

(iii)    Any Development Control Plan in force

 

Port Macquarie-Hastings Development Control Plan 2013

 

DCP 2013: Residential Flat Development, Tourist and Visitor Accommodation and Mixed Use Development

DCP Objective

Development Provisions

Proposed

Complies

3.3.2.2

Satisfactory site analysis plan submitted.

Relevant information shown on submitted documentation.

Yes

3.3.2.3

Statement addressing site attributes and constraints submitted.

Relevant information shown on submitted documentation.

 

Topography and current active approvals for the subject site have been appropriately considered.

Yes

3.3.2.4

Streetscape and front setback:

·    Within 20% of the average setback of the adjoining buildings.

·    3m setback to all frontages if no adjoining development.

·    2m setback to secondary frontages.

·    Max. 9m setback for tourist development to allow for swimming pool.

Minimum 3m front setbacks have been achieved on William, Lord and Church St.

Yes

3.3.2.5

Balconies and building extrusions can encroach up to 600mm into setback.

Balconies facing Lord Street of the northern building encroach 1.5m of the setback. This is approximately 50% of the building line to Lord street. The objectives have been achieved by promoting balcony articulation has increased usable private open space to dwellings and activation of the street frontage.

Yes

Buildings generally aligned to street boundary.

Building line along William street is setback 3m, which generally complies with the with the existing street character.

Yes

Primary openings aligned to street boundary or rear of site.

There are primary opening and aspects from dwellings addressing all boundaries, which meet the objectives of this clause.

Yes

3.3.2.6

Side setbacks comply with Figure 3.3-1:

·    Min. Side setback 1.5m for 75% of building depth.

·    Windows on side walls min. 3m from side boundary.

·    3m minimum where adjacent to existing strata titled building.

Development is setback 3m from side boundaries. Windows and building line of primary living areas are a further 3m from the side boundaries.

Yes

Side walls adjacent to existing strata-titled buildings should be articulated and modulated to respond to the existing buildings.

Building articulation satisfactory. Windows have been offset and/or screened to maintain both acoustic and visual privacy.

Yes

Min. 6m rear setback (including sub basements)

Being a dual frontage property, the site does not have a rear setback.

Yes

3.3.2.7

A party wall development may be required if site amalgamation is not possible and higher density development is envisaged by these controls.

Not required.

N/A

3.3.2.8

Exposed party walls should be finished in a quality comparable to front facade finishes.

Not required.

N/A

3.3.2.9

Corner sites should be consolidated with adjacent sites, so that the building should turn the corner.

Adjoining lots have been consolidated and the proposed development addresses the street appropriately by utilising balconies, windows and landscaping.

Yes

3.3.2.11

Buildings should be sited across the frontage of the site (not down the length of the site). Refer to Figure 3.3-3.

The development addresses all 3 road frontages. Areas providing Deep Soil zones have been provided for the full length of William and Church Street.

Yes

3.3.2.12

Deep soil zones:

·    Extend the width of the site and have minimum depth of 6m.

·    Are contiguous across sites and within sites (see Fig 3.3-4).

Deep soil zones run for the entire length of William and Church Street. An area meeting the minimum depth is located at the entrance of the communal area and adjoining Lord Street. The Objectives have been satisfied, see landscaping plan for further planting detail.

Yes

3.3.2.13

Deep soil zones accommodate existing advanced trees, and allow for advanced tree planting.

No existing trees within the site boundary. Refer to above comments and landscaping plans.

Yes

3.3.2.14

Sunlight to the principal area of ground-level private open space of adjacent properties should not be

reduced to less than 3 hours between 9.00am and 3.00pm on June 22. Where existing overshadowing by buildings and fences is greater than this, sunlight should not be reduced by more than 20%.

Neighbouring private open space of adjacent properties is not reduced to less than 2 hours due to this development. See shadow diagram on plan DA007.

Yes

 

Buildings should not reduce the sunlight available to the windows of living areas that face north in existing adjacent dwellings to less than the above specification.

The proposal does not reduce the sunlight available to the windows of north facing living areas.

Yes

3.3.2.15

Internal clothes drying space provided (not mechanical).

Sufficient area provided for clothes drying.

Yes

Ceiling fans provided in preference to air conditioning.

Can be installed retrospectively.

Yes

Solar hot water systems (or equivalent technology) provided.

Energy efficiency requirements covered by BASIX.

Yes

Photovoltaic arrays installed where practical.

Not nominated but can be installed retrospectively if required for certain aspects of the building.

Energy efficiency requirements also covered by BASIX.

Yes

3.3.2.16

Landscape plan provided including:

·    35% soft landscaping with minimum width of 3m.

·    Existing vegetation and proposed treatment.

·    Details of hard landscaping.

·    Location of communal recreational facilities.

·    Species not to obscure doors, paths, etc.

·    Street trees in accordance with Council’s list.

Communal areas and deep soil zones is slightly below the 35% soft landscaping requirements. However, there is above the minimum private open space as hard landscaping proposed for each unit, which allows for pots and other moveable landscaping opportunities. Communal shelters, seatings and pool is centrally located.

 

Acceptable

3.3.2.19

Landscape plan to demonstrate how trees and vegetation contribute to energy efficiency and prevent winter shading on neighbouring properties.

Landscaping is acceptable and includes a range of suitable species to be planted.

Yes

3.3.2.20

All dwellings at ground floor level have minimum 35m2 of private open space, including one area 4m x 4m at maximum grade of 5% and directly accessible from living area.

Ground floor units have 35m2 private open space and landscaping. All units receive private open space in one area of 4x4m or a minimum of 3.6m x 6m, however, for the majority of units total open space is in separate areas. All primary private open space is directly adjoining living areas. This generally meets the objectives of this clause.

Acceptable.

 

Dwellings not at ground level have balconies with minimum area 8m2 and minimum dimension 2m.

All apartments above ground level include a minimum area of 24m2 including at least one balcony with minimum dimension 3m.

Yes

3.3.2.22

Fencing or landscaping defines public/communal and private open space.

Fencing, gates and mail box structure help define public and private spaces.

Yes

3.3.2.23

Solid fences should be:

·    Max. 1.2m high,

·    Setback 1m,

·    Suitably landscaped,

·    Provide 3m x 3m splay.

Front fences are predominately 1.2m height along street frontages and setback to allow for landscaping reducing visual impact. Fences above basement carpark wall will be transparent.

Yes

3.3.2.25

Fencing materials consistent with or complimentary to existing fencing in the street.

Proposed fencing considered complimentary to others in the street and what is expected into the future.

Yes

3.3.2.26

Building to be designed so that:

·    Busy, noisy areas face the street.

·    Quiet areas face the side or rear of the lot.

·    Bedrooms have line of site separation of at least 3m from parking areas, streets and shared driveways.

Being a corner lot, there is a mixture of busy areas facing the street and internally. All bedrooms are located greater than 3m from a vehicle entry or circulation area. Due to design of surrounding development and screening, no loss of privacy will occur.

Yes

Openings of adjacent dwellings separated by at least 3m.

The proposal has been designed to ensure rooms are appropriately located in relation to the street and common open spaces to ensure appropriate acoustic privacy.

Yes

3.3.2.27

Building designed so noise transmission between apartments is minimised.

Groupings of living areas, separation and offsetting of doorways will address noise transmission. Party walls between dwellings are limited and appropriately insulated.

Landscaping and screening will protect units from communal open space areas.

The proposal will meet the requirements of AS/NZS2107:2000

Yes

Uses are to be coupled internally and between apartments i.e. noisy internal and noisy external spaces should be placed together. (See Figure 3.3-6).

Apartment floorplans are typically mirrored, removing undesirable shared walls between bedrooms and wet areas or primary living zones. Refer to above comment.

Yes

3.3.2.28

Development complies with AS/NZS2107:2000 Acoustic – Recommended design sound levels and reverberation times for building interiors for residential development.

Capable of complying. Details to be provided at Construction Certificate stage.

Yes

3.3.2.39

Impact of noise from key public places to be considered.

No adverse impacts are identifiable to the the adjoining public open space.

Yes

3.3.2.30

Direct views between living room windows to be screened where:

·    Ground floor windows are within 9m of windows in an adjoining dwelling.

·    Other floors are within a 12m radius.

·    Living room windows are within 12m radius of the principal area of private open space of other dwellings.

Combination of screens, fencing and separation will ensure privacy is retained both to and from the development.

 

Living rooms are positioned to facilitate views outwards to key views to avoid overlooking of other private open spaces.

Yes

Direct views may be screened with either a 1.8m high fence or wall, or screening that has maximum 25% openings.

Refer to above comment. Adequate screening has been proposed to ensure privacy.

Yes

Windows in habitable rooms screened if >1m above ground level and wall set back <3m.

Yes, habitable are adequately screened with sill heights greater than 1.5m, balcony balustrades or privacy screening in strategic locations. All building lines achieved a greater than 3m setback from the property boundaries.

Yes

Balconies, decks, etc screened if <3m from boundary and floor area >3m2 and floor level >1m above ground level.

For the most part, all balconies are setback 3m or more from side boundaries. Balconies potentially overlooking adjoining living areas are screened to ensure privacy.

Yes

3.3.2.31

Developments to be designed in accordance with AS 1428.

Development capable of complying. Details will be required at Construction Certificate stage.

Yes

3.3.2.32

Barrier free access to at least 20% of dwellings provided.

The proposal is capable of applying.

Yes

3.3.2.33

Developments located close to open space, recreation, entertainment and employment.

Located opposite to Observatory Park and 200m Town Beach reserve.

Yes

Where LEP permits FSR > 1:1, FSR not less than 1:1 should be achieved.

FSR of approximately 2:1 achieved

Yes

3.3.2.34

Variety of types - studio, 1, 2, 3 and 3+ bedroom apartments

Development provides a mix of 2 and 3 bedroom apartments and townhouses.

Yes

Studio and 1 bedroom apartments not > 20% of total number of apartments.

None proposed.

N/A.

Mix of 1 and 3 bedroom apartments at ground level.

2 bedroom apartments provided on ground floor, and 3 bedrooms townhouses which provides a good range of housing types and accessibility needs.

Yes

3.3.2.36

Lift over-runs and plant integrated within roof structures.

Yes, see notes earlier in this report regarding Height of Building

Yes

Roof design to generate interesting skyline.

The stepped design creates an interesting façade and roof. The lift overrun will be integrated into the roof design.

Yes

3.3.2.37

Facade composition should:

·    Have balance of horizontal and vertical elements.

·    Respond to environmental and energy needs.

·    Incorporate wind mitigation.

·    Reflect uses within the buildings.

·    Include combination of building elements.

Development provides mixture of articulation and materials to create an interesting façade with regard to the environment. The design has met the desirable criteria for building elements of the Apartment Design Guide.

Yes

3.3.2.38

Building elements, materials and colours consistent or complimentary to those existing in the street.

Proposed colours and materials considered satisfactory and suitable for the desired character. See Materials and Finishes on drawing DA701.

Yes

3.3.2.39

Entrances clearly identifiable from street level.

Entries off William Street and Lord Street provides pedestrian identifiable access to the building. Townhouses have individual entries fronting Church Street.

Yes

Entries provide clear transition between public street and shared private circulation spaces/apartments.

The entrances have been designed to transition people into the building. Mailboxes, materials and the opening within the building define the public/private interface.

Yes

Entries avoid ambiguous and publicly accessible small spaces in entry areas.

Entrances are clear. The entrance to the communal area has been minimised and screened to reiterate that it is more for occupants of the building.

Yes

Entries sheltered and well lit.

Entries sheltered and can be well lit by lighting.

Yes

Entries and circulation spaces sized for movement of furniture.

The design allows for movement of furniture throughout.

Yes

Corridors minimum 2.5m wide and 3.0m high.

Majority of corridors on habitable levels are 1.7m wide, have no tight corners and only have two units accessible from each corridor. The width is considered suitable height and width to accommodate only 2 units on each level.

Acceptable

Corridor lengths minimised and avoid tight corners.

There are limited corridors proposed. All corridors are generally short in length, allows for natural light and ventilation.

Yes

3.3.2.40

Minimum 1 balcony per apartment.

At least 1 balcony per apartment has been provided.

Yes

Main balcony accessible from living area.

Balconies accessible from living areas

Yes

Balconies take advantage of favourable climatic conditions.

Each unit has north facing balcony providing solar access.

Yes

Balconies and balustrades balance privacy and views.

Mixture of glass and screened balconies proposed.

Yes

3.3.2.41

Balconies include sunscreens, pergolas, shutters and operable walls.

Majority of balconies include sheltered components, sliding doors to create an indoor/outdoor living area and privacy screens.

Yes

Balconies recessed to create shadowing to facade.

Majority of balconies are recessed or contain shade structures to create shadow elements over the façade.

Yes

Solid balustrades discouraged.

All balconies have a glass balustrade component. Lower levels have a mix of solid and glass balustrades to allow for privacy achieving the objectives of the clause.

Yes

Air conditioning units not visible from the street.

All air conditioning units screened.

Yes

3.3.2.42

Secure open air clothes drying facilities that are:

·    easily accessible,

·    screened from public domain and communal spaces,

·    located with high degree of solar access.

Sufficient area available on apartment balconies for clothes drying.

Yes

3.3.2.43

Mailboxes integrated into building design and sighted to ensure accessibility and security.

Mailbox area has been incorporated into the entrance lobbies and street frontages.

Yes

3.3.2.44

Public and private space clearly defined.

Private and public space appropriately defined.

Yes

Entrances:

·    oriented to public street,

·    provide direct and well lit access between car parks, lift lobbies and unit entrances,

·    optimise security by grouping clusters (max. 8) around a common lobby

The entrances are orientated towards street frontages and has been designed as a large opening particularly for the William and Lord Street entry points. The lobby area contains lifts and stairs to transport people to and from units, car parking and the street. Openings from units face the internal lobby as well as the lobby area being visually open to the street for security. Entrances are clearly defined.

Yes

Surveillance facilitated by:

·    views over public space from living areas,

·    casual views of common internal areas,

·    provision of windows and balconies,

·    separate entries to ground level apartments.

Casual surveillance of communal open space and public street available from apartments.

 

Separate entries haven’t been provided for ground floor units. No adverse impacts identified.

Yes

 

Concealment avoided by:

·    preventing dark or blind alcoves,

·    providing lighting in all common areas,

·    providing graded car parking illumination (greater at entrances).

Building design limits concealment opportunities. All communal and basement car parking areas are capable of being lit

Yes

Access to all parts of the building to be controlled.

Access to the building and throughout can be controlled via various electrical security systems and keys.

Yes

3.3.2.45

Accessible storage provided for tenants in basement car park or garages.

Storage areas provided in basement adjoining car spaces which will be suitably allocated to each unit.

Yes

One bike storage space per dwelling provided.

Objectives have been satisfied with bicycle storage area available within each unit and in the basement.

Yes

Communal bulk waste required where:

·    > 6 dwellings, or

·    Number of bins wouldn’t fit in street frontage, or

·    Topography would make street collection difficult.

Communal bin storage area identified in basement car park.

 

Concurrence has been provided by JR Richards, regarding the waste storage located and accessibility is capable of meeting their requirements.

Yes

Communal bulk waste facilities integrated into development and located at ground or sub-basement level.

·    Not visible from street,

·    Easily accessible,

·    Can be serviced by collection vehicles,

·    Not adjoining private or communal space, windows or clothes drying areas,

·    Has water and drainage facilities for cleaning,

·    Maintained free of pests.

Bin storage area identified in basement car park and complies with development provision under this clause.

Yes

Evidence provided that site can be serviced by waste collection service.

Waste strategy provided. Condition recommended requiring private waste collection service for the development.

Yes

3.3.2.47

Common trenching of utility services where possible.

Can be conditioned. Details at Construction Certificate stage.

Yes

Above ground utility infrastructure integrated with building design.

Area exists onsite to incorporate infrastructure within garden beds or the building design.

Yes

Site and individual units numbered.

Entrance and building identification signage satisfies this development provision.

Yes

Common aerials and satellite dishes provided.

None proposed

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

Casual surveillance of communal open space available from apartments. Private and public space appropriately defined. Casual surveillance of street and communal space available from apartments.

Lighting and CCTV cameras can be installed retrospectively.

CPTED report provided.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Cut >1m, but generally contained within external walls of the building/basement car park footprint.

Yes

2.3.3.2

1m max. height retaining walls along road frontages

No retaining wall greater than 1m proposed on road frontages

Yes

2.5.3.2

New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical

Development does not front an arterial or distributor road. Vehicle access limited a one crossover adjoining Lord Street.

Yes

Driveway crossing/s minimal in number and width including maximising street parking

A standard width dual lane driveway is proposed off Lord Street. Traffic Impact and Parking Assessment provided confirming no adverse impacts to the existing infrastructure.

Yes

2.5.3.3

Off-street parking in accordance with Table 2.5.1:

·    1 per 1 or 2 bed unit, 1.5 per 3-4 bed unit + 1 visitor per 4 units

Required:

30 Apartments and 6 townhouses

-           6 x 2 bed units

-           24 x 3 bed units

-           6x 3 bedroom Townhouses.

6 x 2 bedroom unit  = 6 spaces

24 x 3 bedroom units = 36 spaces

6 x 3 bedroom Townhouse = 9 spaces

36/4 = 9 visitor spaces.

 

Total required is 6 + 36 + 9 + 9  = 60 spaces required

 

Total of 79 residential car spaces proposed and 4 visitor parking spaces within the basement.

 

Proposed:

The applicant has provided 79 spaces within the basement car park in total. Only 4 visitor spaces will be marked, however, it is proposed to line mark 11 spaces on the Church Street frontage to soften any impact on the public amenity.

 

There is also turning areas within the basement in case the car park is full.

 

Condition requiring on street line marking proposed, and will satisfy the objectives of this clause.

Yes

2.5.3.5

On-street parking permitted subject to justification

The proposal has provided sufficient basement car parking to cater for the proposed developments demands. However, additionally it is proposed to line mark 11 spaces along Church Street frontage to mitigate for the new driveway crossover and create better amenity for on street parking. Note that the development only has one shared driveway crossover.

Acceptable

2.5.3.7

Visitor parking to be easily accessible

Four dedicated spaces within the building, which will be accessible via a code. Delineating currently unmarked on-street car parking will assist with any additional impacts to public amenity.

Yes

Parking in accordance with AS 2890.1

Compliance with the standard achievable and to be required through standard conditions.

Yes

2.5.3.10

Parking concessions possible for conservation of heritage items

No concession sought on this basis.

N/A

2.5.3.14

Sealed driveway surfaces unless justified

Driveway areas to be concrete.

Yes

2.5.3.15

Driveway grades for first 6m of ‘parking area’ shall be 5% grade.

Driveway grades acceptable

Acceptable

2.5.3.16

Transitional grades min. 2m length

Compliance possible.

Yes

2.5.3.17

Parking areas to be designed to avoid concentrations of water runoff on the surface.

Basement car park will not generate stormwater runoff.

Yes

No direct discharge to K&G or swale drain

Connection to stormwater system to be conditioned.

Yes

 

Based on the above assessment, the variations proposed to the provisions of the DCP are 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

 

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

 

Context and setting

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

•        The proposal is considered to be 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 noting a minor variation of the maximum height limit for the site.

•        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.

 

Roads

The site has road frontage to William Street, Lord Street and Church Street.

 

Adjacent to the site, William Street is a sealed public road under the care and control of Council.  William Street is a Sub Arterial road with a 11m formation within a 30m road reserve Width. There is angle parking to the frontage of the site within William Street.

 

Adjacent to the site, Lord Street is a sealed public road under the care and control of Council.  Lord Street is a Sub Arterial road with a 22.5m formation within a 30m road reserve Width. Lord Street is s 2 lane 2 way road.

 

Adjacent to the site, Church Street is a sealed public road under the care and control of Council.  Church Street is a local road with a 8.5m formation within a 40m road reserve Width. There is nose in parking to the frontage of the site within Church Street.

 

Traffic and Transport

 

The application includes a Traffic Impact Assessment from Sellick Consultants dated 7/5/2019.  Findings of the study determined:

 

Based on the assumed existing traffic load 1000 veh per hr per lane maximum the generated traffic by the development (avg 19 trips in the AM peak) is less than 2% of the overall maximum per lane. Noting that both Lord and Gordon Streets are 2 lanes the traffic generated by the development would have an effect of less than 1%.

It is considered that any impact calculated at less than 5% is within the margin error of the measured traffic data and the fluctuations in the traffic within the network and thus it is considered that the development has minimal impact on the existing road network regarding traffic. The traffic impact has been assessed as being acceptable.

 

Site Frontage & Access

Vehicle access to the site is proposed though an individual driveway to Lord Street, being a Council-owned public road. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements. 

Due to the type and size of development, additional works are required to include:

·        concrete footpath paving (minimum 1.5m wide) along the full frontage of Lord Street and Church Street.

·        concrete footpath paving (full width) along the full frontage of William Street. In this regard appropriate landscaping shall be included in the blister areas adjacent to the pedestrian crossing.

·                      

Parking and Manoeuvring

 

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 the development site has two existing 20mm metered water service from the 300 AC water main on the same side of William Street.

 

Each individual unit shall be individually metered with the meters either located at an easily accessible location or there’s the option for utilizing remotely read electronic meters. Details are to be provided on the hydraulic plans.

 

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.

 

Appropriate conditions are recommended to address these requirements.

 

Sewer Connection

Council records indicate that the development site is currently connected to sewer via a junction to the sewer line that runs inside the subject lot. The proposed development shall drain all sewage to a new or proposed sewer manhole approved by the Water & Sewer Planning Manager. Details are to be provided on the engineering plans.

 

The hydraulic designer is to confer with Council sewer section prior to submitting sewer design plans.

 

Appropriate conditions are recommended to address these requirements.

 

Stormwater

The site naturally grades towards Church Street frontage and is currently (un)serviced with the nearest public piped system at the frontage of 11 Church Street, and another service at the frontage of 30 Lord Street.

 

In 2017, PMHC completed a concept stormwater remedial works design for the Eastport area to allow for future augmentation of the existing pipe system to alleviate known stormwater issues in the area. The design allowed for the extension of the existing network on Church Street (11 Church Street is current termination point) to extend approx. 110 metres west to accommodate private lot discharge (including 50 William Street) and street drainage.

 

DA2019 - 425 proposed stormwater point of discharge to kerb on Lord Street is inconsistent with the Eastport future stormwater upgrade, however, the intent to direct stormwater away from the Church Street system is considered beneficial for existing downstream stormwater issues between 8-10 Church Street and 13-15 Gordon Street. A pipe extension from 30 Lord Street to the development site frontage will be required as a legal point of discharge, which has an approximate length of 118m. Further benefit from discharging stormwater to the Lord Street system is a more direct route, as the Church Street system flows east, then south, then back west towards Kooloonbung Creek. A reduction in the proposed future upgrade pipe / culvert sizing from Church Street to Gordon Street may also be of benefit, as the 2525m2 development site discharge flows will be removed from this system.

 

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater pit/pipeline on Lord Street, which will require extension to the development frontage.

 

Stormwater from the proposed development is planned (demonstrated in DA submitted Civil Plans) to be disposed via kerb adapters to Lord Street, which is inconsistent with the above requirements.

 

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

 

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

·        On site stormwater detention facilities (Comment - for new commercial and industrial development PLUS residential developments including the creation of greater than 2 homes / units).

·        Water quality controls (Comment - where development results in greater than 2500m2 impervious area).

Appropriate conditions are recommended to address these requirements.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

An archaeological assessment of the potential heritage significance of the site of a proposed residential development, William, Church & Lord Streets, Port Macquarie, Mid-North Coast, N.S.W., prepared by John Appleton, Archaeological Surveys & Reports Ltd for First National Real Estate Port Macquarie on behalf of Mr K. Dick, August 1998.

 

A brief review of this report indicates that it does comply with current assessment guidelines and requirements under the Heritage Act 1977. The Application was referred to the Heritage Council and recommended conditions have been included in the recommended conditions.

 

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

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

 

 

 

 

Flora and fauna

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

 

Waste

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

 

Energy

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

 

Noise and vibration

The construction 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.

 

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 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. No adverse impacts likely.

 

Construction

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

 

Cumulative impacts

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

 

 

 

 

(c)     The suitability of the site for the development

 

The proposal will fit into the locality and the site attributes are conducive to the proposed development. The site has an existing approved DA (DA2006 – 593.3). The new proposal offers a substantially reduced scale and design outcome which reduces impacts on the local community and improves amenity for new residents and neighbours.

 

Site constraints of building height, over shadowing, privacy and car parking have been adequately addressed and appropriate conditions of consent recommended.

 

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

 

4 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

 

No details are provided on the proposed swimming pool pavilion in relation to its height and external configuration.

Pool pavilion is to be a lightweight steel structure with full height glazing to the communal area of the development, and light weight cladding with high line windows to the East boundary will provide suitable privacy to adjoining properties.

Details are provided for the proposed swimming pool pavilion with relation to its height and external configuration. Refer to Drawing DA004 (Floor Plan), DA006 (Elevation).

 

No impact statement provided in relation to proposed elevated swimming pool pavilion, hours of operation and proposed use controls. Is the pavilion considered an assembly building for residents or it is recreational space.

Pool pavilion and associated landscape facilities are recreational spaces for the use of residents and their guests only. Secure access will be provided to the pool pavilion ensuring it is accessed by residents and guests only. In this case, the pavilion is not considered an assembly building for the purposes of the Building Code of Australia. Appropriate condition can be applied restricting use to residents and guests.

 

Plans fail to indicate all side setbacks in relation to structures and other buildings on the site, including the basement levels.

The site plans have been amended to clearly demonstrate all side setbacks on site plans. It is understood that the main concern is regarding the eastern boundary setbacks as this boundary adjoins existing residential development at 46-48 William Street. Minimum eastern boundary side setback for the Apartments;

·    3m Ground level

·    3.05m level 1 terrace

·    4.65m  Building line

Basement;

·    250mm within boundary

Townhouses;

·    1.75m Ground level

·    1.85m First floor and above

Windows and building line of the proposed building achieve the objectives of Clause 3.3.2.6 and Figure 3.3-1 of the DCP 2013.

 

Details on what materials and finishes are to be used in the construction

Materials and finishes schedule details the use of modern materials consistent with existing and future character of the area. Refer to Drawing DA701 - materials & finishes schedule.

 

No details are provided regarding proposed drainage, including stormwater drainage and subsurface.

Details regarding the proposed drainage design, including stormwater drainage and subsurface drainage have been reviewed by Council’s Development Engineers and considered acceptable for the proposed development. Appropriate conditions have been recommended. See Civil Engineering Document  attached to this report for details (Ref: 190128 Revision D).

 

Visual impact of the open space, transitional areas, pavilions and additional pavilion are not depicted on the plans.

Elevated swimming pools have been addressed in the Land & Environment Court previously, i.e. King -V- Gosford City Council, where Commissioner Hussey’s judgement identified visual noise emanating from such a structure being detrimental to the occupants of the adjoining allotments.

Details of the communal areas are depicted on drawing DA103 and DA206.

 

The pool pavilion is designed with solid wall with high line windows to the adjacent eastern boundary, this will minimise any potential noise disturbance or privacy concerns to adjacent communal open space.

 

The pool pavilion wall is setback 1.65m from the boundary, total length is 8.6m, 3m in height and will be approximately 2.5m above existing ground level.

 

The elevated communal open space area design has limited the total excavation depth of the site for basement car parking.

 

The platform level and ancillary structures are well under the building height controls for the site and achieves minimum side setback objectives, discussed earlier in this report.

 

The pool pavilion allows for all weather use and mitigate solar access issues to the proposed communal open space, as well as buffering any anticipated noise concerns.

 

All pool equipment is within the basement which will assist with containing any potential noise emissions.

 

Additionally, the position of the pool pavilion will buffer noise to the eastern boundary that may be generated by users of the central garden/communal areas as well as provide privacy screening.

 

The proposed development is out of character with similar residential flat buildings (RFBs) in the area, in that the RFB and townhouses are linked by an elevated concrete common area which provides access to the townhouses at the first floor level from the swimming pool pavilion and additional pavilion. A more sympathetic approach would be to;

·    Remove the elevated concrete platform

·    Lower the pool pavilion & additional pavilion

·    Increase green space around these structures

·    Provide access to the townhouses from the ground floor

·    Provide garages access to the townhouses via Church Street

The design has of the proposal meets the objectives of the Port Macquarie-Hastings LEP 2011 and Development Control Plan 2013.

 

Removing the elevated platform would require deeper excavation to accommodate the basement car park and services. The platform is well under the height controls for the site and provides separation and ventilation between buildings. The wide interface between the apartments and townhouses maintains excellent amenity for neighbouring properties.

 

The landscaped podium provides level and accessible access for all residents to the central garden, stepping down to deep soil zones adjoining Lord Street, and the eastern boundary.

 

The integration of parking including townhouse garages within the landscaped podium ensures an attractive and pedestrian focussed streetscape to Church Street. Each townhouse has a front door and yard facing Church Street, which provides identification and individuality. Additional driveway crossovers to Church Street are considered unnecessary.

 

Imposition of potentially 6 double garages and a total of 7 driveways across the site would not be supportive of the current amenity of Church Street. The single shared driveway crossover along Lord Street is a favourable outcome for the amenity of the area and consistent with many other developments in the area with a single access.

 

The development significantly impacts on the private open space associated with Unit 2, 46-48 William Street, adjoining  the development.

Overlooking from the elevated swimming pool pavilion and common areas is a concern and needs to be addressed.

In response to these concerns, the Applicant has updated the adjoining courtyard wall of apartment G04 to the eastern boundary interfacing Unit 2, from battens to solid masonry wall. As well as, updated Eastern façade of the pool pavilion adjacent the property boundary to be solid wall with high line windows. As discussed earlier in this report, adequate design elements and screening has been proposed to protect privacy.

 

The proposed development does not seem to comply with the necessary car wash bay requirements.

The Apartment Design Guide (ADG) refers to access to supportive facilities within car parks which includes car wash bays. There is no strict requirement to provide such facilities within the DCP 2013 or the ADG.

 

Residents of 46-48 William Street would like provision made for a substantial dividing wall on the common boundary to ensure adequate screening and privacy. Anticipate this would be similar in appearance to the boundary wall between Coast Apartments (44 William St) and Seawatch apartments (46-48 William Street).

The Applicant has updated the adjoining courtyard wall of apartment G04 to the eastern boundary interfacing Unit 2, from battens to solid masonry wall. As well as, updated Eastern façade of the pool pavilion adjacent the property boundary to be solid wall with high line windows. This is considered consistent with other developments and provides adequate screening.

 

There were no drainage plans in the development application. The proposed development is to be raised and levelled to a height up to approximately 3 metres above existing ground level and therefore much higher than 46-48 William Street ground Level.

Stormwater and Subsoil drainage plans were submitted as part of the civil engineering documentation set for the development application. The ground floor finished floor level is 1m above the adjacent property at the boundary, the entire block will be captured by roof drainage and hardstand drainage. All of which will be piped to the OSD tank. Stormwater engineering plans have been assessed as satisfactory by Council’s Development Engineers.

 

Is sufficient deep soil zone on the Eastern boundary between the carpark wall and the land boundary to allow suitable drainage given that the LEP minimum is apparently meant to be 3 metres.

The site is 2527m2 and therefore requires 176m2 (7%) of site area to be deep soil zones.

 

An area of 108m2 complies with the deep soil provisions which is equal to 4.2% of the site area. However, when including the non-compliant area due to width, it equals approximately 20% deep soil zone for the site.

 

The location and typology of the site has been utilised by locating a strip of deep soil zone along the entire frontage of William Street and an area of deep soil zone adjacent to Lord Street for solar access and providing attractive connections/interface to the street.

Acceptable stormwater management and alternative platform plantings have been provided to create suitable landscaping for open areas that do not achieve adequate deep soil requirements.

 

It should be noted that stormwater management plan for the proposed development has been submitted to support the application. All stormwater should be managed from within the site. No overland flow from the subject site across the Eastern boundary should occur.

 

Residence at 46-48 William Street request that a dilapidation report should be prepared both before and after construction of the buildings. Also a wash down of our building to remove dust etc. will be required on completion of construction.

The Developer has confirmed that a dilapidation report will be undertaken prior to commencement of construction and made available for the adjoining residence. Appropriate condition has been included in draft consent.

 

 

Privacy of both the proposed building and the 46-48 William Street could be managed with screening.

The Applicant has demonstrated that adequate screening and design elements have been included to mitigate any privacy concerns.

 

The updated Eastern façade of the pool pavilion adjacent the property boundary to be solid wall with high line windows to limit residents using the pool to overlook adjoining communal open space.

 

Windows of upper level units do not directly adjoin other units or windows of primary living areas of adjoining apartments.

 

Privacy from the upper levels are managed with angled louvres and building elements within the developments design.

 

This is considered consistent with other developments and provides adequate screening.

 

The site is not suitable and will effect neighbours in terms of overshadowing and loss of privacy.

As discussed earlier in this report. The Applicant has demonstrated the suitability of the proposed development to the subject site, with no adverse overshadowing or privacy impacts.

 

(e)     The Public Interest

 

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

 

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

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

 

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

·                      

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

 

5.       CONCLUSION AND STATEMENT OF REASON

 

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

 

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.    DA2019 - 425.1 Recommended Conditions

2.    DA2019 - 425.1 Plans

3.    DA2019 - 425.1 Contributions Estimate

 


  ATTACHMENT

Development Assessment Panel

12/02/2020

 

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  ATTACHMENT

Development Assessment Panel

12/02/2020

 





























































  ATTACHMENT

Development Assessment Panel

12/02/2020

 

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AGENDA                                               Development Assessment Panel      12/02/2020

 

 

 

Item:          07

 

Subject:     DA2019 - 506.1 2 Lot Subdivision including Clause 4.6 Objection to Clause 4.1 (Lot Size) and Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 and Alterations and Additions to Existing Dwelling at Lot 113 DP 754405, No. 2 Arnott Street, Laurieton

Report Author: Development Assessment Planner, Chris Gardiner

 

 

 

Applicant:               All About Planning

Owner:                    Secure Home Parks Pty Ltd

Estimated Cost:     $57,000

Parcel no:               737

Alignment with Delivery Program

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

 

 

RECOMMENDATION

That it be recommended to Council that DA2019 - 506.1 for a 2 Lot Subdivision including Clause 4.6 Objection to Clause 4.1 (Lot Size) and Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 and Alterations and Additions to Existing Dwelling at Lot 113, DP 754405, No. 2 Arnott Street, Laurieton, be determined by granting consent subject to the recommended conditions.

Executive Summary

 

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

 

Following exhibition of the application, no submissions were received.

 

The application includes variation to a development standard in the Port Macquarie-Hastings Local Environmental Plan 2011 by more than 10% and the application is required to be determined by Council following consideration by the Development Assessment Panel.

 

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.

 

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 1.012 hectares.

 

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:

 

·    2 lot Torrens title subdivision to excise manager’s residence from existing caravan park;

·    Alterations and additions to dwelling to make it suitable for independent occupation.

 

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

 

Application Chronology

 

·    11 July 2019 - Application lodged.

·    18 July 2019 to 31 July 2019 - Neighbour notification.

·    26 July 2019 - Additional information requested from Applicant.

·    17 September 2019 - Bush Fire Safety Authority issued by NSW Rural Fire Service.

·    21 October 2019 - Additional information submitted by Applicant.

·    4 December 2019 - Further additional information submitted by Applicant.

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

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

 

(a)     The provisions (where applicable) of:

(i)      any Environmental Planning Instrument

 

State Environmental Planning Policy No. 21 - Caravan Parks

 

8   Development consent required for caravan parks

(1)     Development for the purposes of a caravan park may be carried out only with the development consent of the Council.

(2)     Before granting development consent to the use of land for the purposes of a caravan park, a Council must determine:

(a)      the number of sites (if any) within that land that the Council considers are suitable for long-term residence, within the meaning of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993, and

(b)      the number of sites (if any) within that land that the Council considers are not suitable for long-term residence, but are suitable for short-term residence, within the meaning of that Regulation.

(3)     A Council must not grant development consent to the use of land for the purposes of a caravan park unless it imposes as a condition of that consent a condition specifying the maximum number of sites (if any) within that land that may be used for long-term residence.

(4)     The holder of an approval under Part 1 of Chapter 7 of the Local Government Act 1993 to operate a caravan park or camping ground on land must not, without the development consent of the Council, allow a person to occupy a site within that land:

(a)     for a continuous period of more than 3 months, except as provided by paragraph (b), or

(b)     for a continuous period longer than the period (if any) for which the person is allowed to be accommodated within the land by an extension that has been granted under clause 19 (6) of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993,

          if such a use of that site was not lawful under the Environmental Planning and Assessment Act 1979 when this Policy commenced.

(4A)  Except as provided by subclause (4), nothing in this Policy or any other environmental planning instrument requires separate development consent to be obtained for the installation or placement of a moveable dwelling on land on which development for the purposes of a caravan park is being lawfully carried out.

(5)     This clause does not apply to any land that is authorised to be used for the purposes of a manufactured home estate by a development consent granted pursuant to State Environmental Planning Policy No 36—Manufactured Home Estates or dedicated or reserved under the National Parks and Wildlife Act 1974.

 

The proposal does not seek any change to the number of approved long and short-term sites. The proposed manager’s residence and office that are proposed to be excised from the caravan park are not located on a long or short term site.

 

10   Matters to be considered by Councils

A Council may grant a development consent required by this Policy only after it has considered the following:

(a)      whether, because of its location or character, the land concerned is particularly suitable for use as a caravan park for tourists or for long-term residence,

(b)     whether there is adequate provision for tourist accommodation in the locality of that land, and whether existing or potential tourist accommodation will be displaced by the use of sites for long-term residence,

(c)     whether there is adequate low-cost housing, or land available for low-cost housing, in that locality,

(d)     whether necessary community facilities and services are available within the caravan park to which the development application relates or in the locality (or both), and whether those facilities and services are reasonably accessible to the occupants of the caravan park,

(e)     any relevant guidelines issued by the Director, and

(f)      the provisions of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993.

 

The site is an existing caravan park and the proposal would not result in any changes to the character of the area, or result in any impacts on the provision of tourist accommodation or affordable housing.

 

The below table considers the applicable provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

 

CLAUSE

REQUIREMENT

COMMENT/COMPLIANCE

Part 3, Division 1 Operation of caravan parks and camping grounds

71 Factors for consideration before approval is granted

(1) Council must be satisfied that the estate will be designed in accordance with Division 3; and

(2) Council must have regard to the Floodplain Development Manual.

(1) Yes- refer to comments on Division 3

 

 

 

(2) Site is flood prone. See comments under clauses 7.3 of LEP.

72 Matters to be specified in approval

Any approval must specify the number, size and location of the dwelling and camping sites.

An updated Section 68 approval to operate will need to specify these matters due to the reduction in the caravan park size.

73 Conditions of approval

The consent must be conditioned to ensure the design, construction, maintenance and operation of the estate is in accordance with Division 3.

An updated Section 68 approval to operate will need to specify these matters due to the reduction in the caravan park size.

Part 3, Division 3 Caravan parks and camping grounds

83 Minimum size of caravan park or camping ground

Estate must have an area of not less than 1 hectare.

Proposal will result in the caravan park being reduced to an area of slightly less than 1 hectare (9725.5m2). The Applicant has submitted a draft Section 82 objection to this standard, which has been reviewed in the assessment of the development application. No objection in principle is raised to the variation and the Section 82 objection will need to be submitted and formally determined with the next approval to operate the caravan park.

85 Size of dwelling sites and camp sites

(1)  A long-term site must have an area of at least 80 square metres.

(2)  A short-term site must have an area of at least 65 square metres.

(3)  A camp site must have an area of at least:

(a)  40 square metres, in the case of a camp site for which a separate parking space is provided within 30 metres of the camp site, or

(b)  50 square metres, in any other case.

The proposal would not affect the size of any of the existing approved sites.

89 Setbacks of dwelling sites and camp sites from road frontages

(1)  A dwelling site or camp site must not be located closer than 10 metres to a public road or 3 metres to any other boundary of the caravan park or camping ground unless the approval for the caravan park or camping ground so allows.

(2)  The approval for a caravan park or camping ground must not allow a lesser distance unless the council is satisfied that the dwelling site or camp site has been or will be properly screened, fenced, enclosed or otherwise treated.

The proposed subdivision will result in the eastern and southern boundaries of Lot 1 becoming the boundaries of the caravan park. Site 63 of the caravan park will have a setback of less than 3m from the side boundary. The application proposes erection of a 1.8m high boundary fence on the boundary, which is considered sufficient to provide adequate visual and acoustic privacy between the dwelling site and the residential lot. A condition is recommended requiring the construction of the boundary fence prior to the issue of the Subdivision Certificate.

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

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

 

The vegetation on the site does not meet the definition of potential koala habitat and further consideration of the policy is not required.

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

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

 

 

 

State Environmental Planning Policy (Coastal Management) 2018

 

The site is located within a coastal use area, coastal environment area, and proximity area for 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 clause 11 of the SEPP, the proposal will not significantly impact on the biophysical, hydrological or ecological integrity of the adjacent coastal wetland, and would not affect the quantity and quality of surface and ground water flows to the adjacent coastal wetland.

 

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

A BASIX certificate is not required as the proposal meets the definition of ‘BASIX excluded development’ in the Environmental Planning and Assessment Regulation 2000.

 

Port Macquarie-Hastings Local Environmental Plan 2011

 

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

·    Clause 2.2 - The subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the proposed development for a dwelling house and caravan park is a permissible landuse with consent.

 

The objectives of the R1 zone are as follows:

To provide for the housing needs of the community.

To provide for a variety of housing types and densities.

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:

The proposal for permissible land uses;

The development would provide for a variety of housing types and densities to meet the housing needs of the community.

·    Clause 4.1 - The lot sizes within the proposed subdivision are 407.1m2 and 9725.5m2. Proposed Lot 1 is smaller than the minimum lot size of 450m2 identified in the Lot Size Map relating to the site (9.5% variation). See comments under Clause 4.6 regarding the Applicant’s request to vary the minimum lot size provisions.

·    Clause 4.3 - The maximum overall height of the new building work (entry porch) above ground level (existing) is 3.69m, which complies with the standard height limit of 8.5m applying to the site.

·    Clause 4.4 - This clause establishes the maximum “floor space ratio” for development. ‘Floor space ratio’ is defined as the ratio of the gross floor area of all buildings within the site to the site area’. ‘Gross floor area’ is defined as ‘the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:

(a)  the area of a mezzanine, and

(b)  habitable rooms in a basement or an attic, and

(c)  any shop, auditorium, cinema, and the like, in a basement or attic,

but excludes:

(d)  any area for common vertical circulation, such as lifts and stairs, and

(e)  any basement:

(i)  storage, and

(ii)  vehicular access, loading areas, garbage and services, and

(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and

(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and

(h)  any space used for the loading or unloading of goods (including access to it), and

(i)  terraces and balconies with outer walls less than 1.4 metres high, and

(j)  voids above a floor at the level of a storey or storey above.’

 

The proposal would result in the existing dwelling on proposed Lot 1 having a floor space ratio of 0.82:1, which does not comply with the 0.65:1 floor space ratio applying to the site. The variation exceeds the standard by 26%.

 

The proposed variation to the floor space ratio development standard is addressed under the following clause 4.6 section of this report.

 

·    Clause 4.6 - This clause establishes a degree of flexibility for certain development standards in certain circumstances which have demonstrated that a better planning outcome will occur from that flexibility. In this regard, the proposal seeks a variation to the Minimum lot size (Clause 4.1) and floor space ratio (Clause 4.4) development standards. Assistance on the approach to variation to this standard is also taken from NSW Land and Environment Court and NSW Court of Appeal decisions in:

 

Wehbe v Pittwater Council (2007) NSW LEC 827 (Wehbe);

Four2Five Pty Ltd v Ashfield Council (2015) NSWLEC 1009; and

Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) NSWCA 245

 

Having regard to specific requirements of clause 4.6(3) and 4.6(4) the following assessment comments are provided:

 

(3)     Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)     that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)     that there are sufficient environmental planning grounds to justify contravening the development standard.

 

Comments: The Applicant has submitted a request in writing to justify the contravention of the floor space ratio standard for the following reasons (as summarised):

 

·    The proposed variations will not result in any actual change to existing built form on the site or unacceptable impact on adjoining properties or public areas including the surrounding street.

·    The proposal is consistent with the objectives of the R1 General Residential zone in that it will continue to provide a variety of housing types and densities to meet the needs of the community.

·    The proposal is consistent with the objectives of Clause 4.1 (Minimum Lot Size) of the LEP as the subdivision would retain an existing dwelling and caravan park and continue to facilitate the efficient use of residential land.

·    The proposal is consistent with the objectives of Clause 4.4 (Floor Space Ratio) as the subdivision relates to existing buildings and would not result in any increase in bulk and scale in the existing streetscape.

·    The degree of variation will not result in an increase in the overall site density or the intensity of the uses.

·    The proposed demolition of the existing shed at the rear of proposed Lot 1 would result in a reduction in the current site coverage.

·    The proposed variations would not erode the public interest.

·    Land immediately adjoining the site has a permitted FSR of 1:1, and the density on Lot 1 is not out of character in the area.

·    The potential lot size is constrained by the existing caravan park.

·    The contravention does not raise any matters of significance for State or regional planning.

·    The approval of the variations would not create any undesirable precedent.

·    The proposed lot size is sufficient for the existing dwelling and could accommodate a future dwelling in the event that the existing dwelling was demolished.

·    The proposal will have a public benefit to the Laurieton and wider Port Macquarie-Hastings community by maintaining affordable housing.

·    Compliance with the development standards is therefore unreasonable and unnecessary in the circumstances of the case, for the reasons above.

 

(4)     Development consent must not be granted for development that contravenes a development standard unless:

(a)     the consent authority is satisfied that:

(i)      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3)

 

Comments:

In Wehbe ‘five methods’ have been developed to test whether a non-compliance with the standard is unreasonable or unnecessary. In this case the Applicant is relying upon the below method:

 

·    The objectives of the lot size and floor space ratio standard are achieved notwithstanding the non-compliance with the numerical standard, and compliance with the standard is therefore unnecessary.

 

The Applicant’s written submission is considered to adequately demonstrate that compliance with the standard is unnecessary in the circumstances of the case.

 

The Applicant’s written request has also adequately demonstrated that there is sufficient environmental planning grounds for the variation on the following basis:

 

·    The subdivision relates to land containing existing buildings and would not result in any increase in the bulk and scale of the buildings in the streetscape.

·    The application has demonstrated that the size and dimensions of proposed Lot 1 is sufficient to accommodate the existing dwelling, parking and open space areas consistent with the DCP provisions.

·    The development would not result in any intensification of the land uses.

·    The proposed lot boundaries provide for a sensible definition of the boundary between the caravan park and the proposed separate dwelling house.

·    The variations to the development standards would not result in any adverse amenity issues.

 

On the basis of the above, it is considered that the Applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3).

(ii)     the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

 

Comments:

The proposal is considered to be consistent with the zone objectives as noted earlier under Clause 2.3. Consideration of the proposal’s consistency with the objectives of the lot size and floor space ratio standards is provided as follows:

 

Lot Size:

 

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

 

Comment

The proposal relates to an existing site that has been developed for the purpose of a caravan park. The site does not contain and particular environmental values that need to be protected, and the proposed lot size is compatible with the bushfire and flooding constraints applicable to the site.

 

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

 

Comment

The land has been efficiently developed for the purpose of a caravan park. The proposed subdivision would not compromise the use of the land for residential purposes.

 

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

 

Comment

Not applicable.

 

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

 

Comment

Not applicable.

 

Floor Space Ratio:

 

(a)      to regulate density of development and generation of vehicular and pedestrian traffic,

 

Comment

The proposal relates to an existing developed caravan park and manager’s residence. The proposed subdivision would not result in any additional generation of vehicular or pedestrian traffic.

 

(b)     to encourage increased building height and site amalgamation at key locations,

 

Comment

Not applicable. Amalgamation and increased building height not envisaged for the site.

 

(c)        to provide sufficient floor space for high quality development for the foreseeable future,

 

Comment

The existing buildings (including the dwelling on proposed Lot 1) are currently within the adopted floor space ratio when considered in the context of the overall site. The non-compliance in this instance arises from the proposal to accommodate the existing floor space of the manager’s residence on a smaller lot. The proposal is therefore not considered to be inconsistent with this objective.

 

(d)      to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality.

 

Comment

The proposed subdivision relates to existing buildings within an approved caravan park. The proposed subdivision which is creating the FSR variation would not result in any changes to the existing gross floor area of the building. With the exception of the addition of an entry porch, the development would not alter the built form, or bulk and scale of development. It is also noted that directly adjoining land to the east of the site permits a 1:1 floor space ratio and the proposed development will not be out of character in this context.

 

The development is consistent with the zoning, lot size, and floor space ratio objectives of the LEP and is unlikely to have any implications on State related issues or the broader public interest.

 

(b)     the concurrence of the Secretary has been obtained.

 

Comments:  As per the Planning Circular PS 18-003, Council can assume the Director’s Concurrence for variations to lot size in residential zones and floor space ratio. In this instance, the variation to the floor space ratio development standard exceeds 10% and the application must be determined by the elected Council. A public register of decisions on variations must be maintained and reported quarterly to the NSW Department of Planning, Industry & Environment.

 

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

·        Clause 7.1 - The north-east corner of the site is mapped as potentially containing class 2 acid sulfate soils (see below). The proposed development does not include any excavation in this part of the site and therefore no adverse impacts are expected to occur to the acid sulfate soils found on site.

 

 

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

The proposal does not result in any increase in the number of bedrooms in the dwelling that are located below the flood planning level;

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

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

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

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;

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, 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: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development (Dwelling on proposed Lot 1 only)

 

Requirements

Proposed

Complies

3.2.2.2

Articulation zone:

•     Min. 3m front setback

Porch to 3.48m front setback.

Yes

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

6.08m setback to front wall. Porch in articulation zone as noted above.

Yes

3.2.2.3

Garage 5.5m min. and 1m behind front façade.

Garage door recessed behind building line or eaves/overhangs provided

6.08m to garage.

Yes

6m max. width of garage door/s and 50% max. width of building

5.4m wide and 63% of the width of the building.

No*

Driveway crossover 1/3 max. of site frontage and max. 5.0m width

5.0m wide and 39% of site frontage (12.77m).

No*

Garage and driveway provided on each frontage for dual occupancy on corner lot

N/A

N/A

3.2.2.4

4m min. rear setback. Variation subject to site analysis and provision of private open space

4.7m to wall.

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

Minimum 1.18m ground and first floor side setback. Given the site orientation the building would not overshadow neighbouring living room windows or private open space for more than 3 hours between 9am and 3pm on 21 June.

The proposal relates to an existing building with non-compliant wall articulation and would not increase the impact.

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.

Approximately 130m2 of private open space including 4m x 4m area accessible from living area.

Yes

3.2.2.7

Front fences:

•     If solid 1.2m max height and front setback 1.0m  with landscaping

•     3x3m min. splay for corner sites

•     Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings

•     0.9x0.9m splays adjoining driveway entrances

•     Front fences and walls to have complimentary materials to context

None proposed.

N/A

3.2.2.8

No chain wire, solid timber, masonry or solid steel front fences

None proposed.

N/A

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 with fencing, screening and building separation.

 

A condition is recommended requiring construction of a 1.8m high boundary fence on the southern and eastern boundaries to provide privacy to the ground floor living area and private open space.

Yes

3.2.2.11

Roof terraces

N/A

N/A

3.2.2.13 onwards

Jetties and boat ramps

N/A

N/A

 

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.

Satisfactory site analysis submitted in plans and Statement of Environmental Effects.

 

3.6.3.2

Torrens title lots minimum width of 15m when measured at a distance of 5.5m from front property boundary.

Lot 1 - 12.77m wide.

Lot 2 - 88.005m wide.

 

Lot 1 contains the existing manager’s residence and it has been demonstrated that the building can achieve the DCP requirements for a single dwelling. The width of the lot is therefore considered acceptable.

No, but acceptable

Minimum width of 7m when boundaries are extended to kerb line.

Both lots greater than 7m wide when boundaries extended to the kerb line (edge of road pavement in this instance).

Yes

Minimum depth of 25m.

Both lots greater than 25m deep.

 

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.

No battleaxe lots proposed.

Yes

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.

Lots are relatively flat and contain an existing dwelling and caravan park.

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)

Kerb and guttering is not considered practical in this instance due to the existing street drainage and the small scale of the proposal.

No, but acceptable

3.6.3.7

Subdivisions close to urban centres or along arterial roads serviced by public transport achieve yield of >35 dwellings per hectare.

N/A

N/A

3.6.3.8

All new roads are to be dedicated to Council designed in accordance the Council’s adopted AUSPEC

design specification documents.

 

All applications to subdivide land should include a road layout plan that meets the Council’s design requirements including providing connectivity and access for all land parcels consistent with Council’s road hierarchy.

N/A

N/A

3.6.3.20

Water supply to meet Council’s design specifications.

See comments later in this report under Water Supply Connection.

 

3.6.3.21 - 3.6.3.22

All lots connected to reclaimed water if available.

N/A

N/A

3.6.3.24

Separate sewer junction provided for each lot.

See comments later in this report under Sewer Connection.

 

3.6.3.25

Extension of sewer infrastructure at cost of developer.

3.6.3.26 - 3.6.3.27

Erosion and sediment control plan to be provided.

Standard condition recommended requiring erosion and sediment control plan.

Yes

3.6.3.28

Saving and re-using top soil and the incorporation of additives to improve existing soils is preferred to the importation of soils for landscaping.

N/A

N/A

3.6.3.34

All service infrastructure should be underground unless otherwise approved by Council.

Standard condition recommended requiring confirmation of satisfactory arrangements for electricity and telecommunication infrastructure.

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 proposal would not result in any increased risk of crime.

 

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

None proposed.

Yes

2.3.3.2

1m max. height retaining walls along road frontages

N/A

N/A

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 from local road.

 

2.5.3.11

Section 94 contributions

Refer to main body of report.

 

 

The proposal seeks to vary development provision 3.2.2.3 in relation to the garage and driveway widths.

 

The relevant objectives of the provision are:

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

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

 

The proposal is considered to be consistent with the above objectives for the following reasons:

·    The dwelling is two storeys at the street frontage and the upper floor will contribute to reducing the visual dominance of the garage.

·    The proposed garage will replace an existing hardstand area forward of the dwelling that is visually dominant when vehicles are parked.

·    The proposal will rationalise access and avoid a shared driveway with the caravan park.

·    A reduction in the width of the driveway would not provide any increase in street parking due to the location of existing driveways on adjoining properties.

 

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

 

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

 

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

 

iv)     Any matters prescribed by the Regulations

 

Demolition of buildings AS 2601 - Clause 92

 

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

 

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

 

Context and Setting

The site has a general northerly street frontage orientation to Arnott Street.

Adjoining the site to the north, west, and south are residential uses.

 

Adjoining the site to the east is Stingray Creek.

 

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

 

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

 

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

 

The proposal does not have significant adverse lighting impacts.

 

There are no significant adverse privacy impacts. The proposal relates to an existing building used for residential purposes.

 

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

The site has road frontage to Arnott Street, a sealed public road under the care and control of Council, with a 6m wide carriageway within a 30m road reserve. There is no footpath or kerb and gutter in the street. Arnott Street is a local street under the AUSPEC standard, and is a cul-de-sac with access to Ocean Drive via George Street.

 

Traffic and Transport

The site is currently approved for residential use as The Haven Caravan Park. As this development does not propose to add or remove any of the existing dwellings, the traffic associated with the development is unlikely to change and will have no adverse impacts to the existing road network within the immediate locality.

 

Site Frontage & Access

Vehicle access to proposed Lot 1 via an individual driveway with direct frontage to Arnott Street. A new vehicle crossover will be required, in accordance with Council’s AUSPEC Standard Drawing 201.

 

Vehicle access to proposed Lot 2 (caravan park) is proposed to be maintained though the existing single access driveway on Arnott Street. All accesses shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

 

Parking and Manoeuvring

The existing residence is proposed to be modified to incorporate a new double garage. No changes have been proposed to the existing parking arrangements within the caravan park.

Parking and driveway widths on site are capable of complying with relevant Australian Standards (AS 2890) and conditions have been recommended to reflect these requirements. The internal roads within the caravan park provide for adequate circulation, to enable vehicles to enter and exit the site in a forward manner.

 

Water Supply Connection

Council records indicate that the development site has an existing 20mm metered service and an existing 40mm metered service. The site is fronted by a 100mm diameter AC water main on the opposite side of Arnott Street. Each lot shall require an individual metered water service. Engineering plans are required to show all proposed water services to the lot.

 

Conditions have been recommended confirming these requirements.

 

Sewer Connection

Council records indicate that the development site has a number of existing sewer junctions to Council’s main. Torrens title subdivision shall require provision of a sewer service to each lot. The manhole in the proposed new driveway will also need to be modified to provide a trafficable lid and integrate with the finished levels of the driveway.

 

Engineering plans shall be required as part of the Subdivision Works Certificate application.

 

Stormwater

The site naturally grades towards Stingray Creek to the east and is currently un-serviced. The subdivision will require stormwater from proposed Lot 1 to be drained to Arnott Street via a surcharge pit at the property boundary. The existing drainage for Lot 2 will not be altered, but confirmation will be required that no part of the existing caravan park on proposed Lot 2 drains across Lot 1.

 

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

 

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

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

 

Flora and fauna

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

 

Waste

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

 

Energy

No adverse impacts anticipated.

 

Noise and vibration

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.

 

Bushfire

The site is identified as being bushfire prone.

 

In accordance with Section 100B - Rural Fires Act 1997 - the application proposes subdivision of bush fire prone land that could lawfully be used for residential purposes. As a result, the applicant has submitted a bushfire assessment in the Statement of Environmental Effects. The report was forwarded to the NSW Rural Fire Service who have since issued a Bushfire Safety Authority subject to conditions, 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.

 

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.

 

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

 

No written submissions were received following public exhibition of the application.

(e)     The Public Interest

 

The proposed development satisfies the objectives of 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 as the contribution rate for a dwelling within a caravan park is the same as for a dwelling on a Torrens title lot smaller than 450m2.

 

 

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.    DA2019 - 506.1 Recommended Conditions

2.    DA2019 - 506.1 Plans

3.    DA2019 - 506.1 Bushfire Safety Authority - NSW Rural Fire Service

4.    DA2019 - 506.1 Clause 4.6 Objection

 


  ATTACHMENT

Development Assessment Panel

12/02/2020

 

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  ATTACHMENT

Development Assessment Panel

12/02/2020

 









  ATTACHMENT

Development Assessment Panel

12/02/2020

 

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  ATTACHMENT

Development Assessment Panel

12/02/2020

 

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AGENDA                                               Development Assessment Panel      12/02/2020

 

 

 

Item:          08

 

Subject:     DA2019 - 744.1 Part Change of Use (Pharmacy to Take Away Food and Drink Premises) and Internal Fit out at Lot 1 DP 831145, No.140 Pacific Drive, Port Macquarie

Report Author: Development Assessment Planner, Benjamin Roberts

 

 

 

Applicant:               Collins W Collins

Owner:                    Wei Chen Superannuation Pty Ltd

Estimated Cost:     $45,000

Parcel no:               45161

Alignment with Delivery Program

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

 

 

RECOMMENDATION

That DA2019 - 744.1 for a part change of use (pharmacy to take away food and drink premises) and internal fit out at Lot 1, DP 831145, No. 140 Pacific Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

 

This report considers a development application for a part change of use (Pharmacy to Take Away Food and Drink Premises) and internal fit out at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

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

 

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.

 

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 1189m2 and is located on the corner of Pacific Drive and Shelley Beach Road.

 

The site contains an existing building, which contains a mixture of land uses. These comprise a service station, pharmacy, take away food and drink premises and manager residence.

 

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:

 

·    Part change of use of the pharmacy component of the building by extension of the take away food and drink premises.

·    Internal building and food premises fit out works.

 

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

 

Application Chronology

 

·    14 October 2019 - Application lodged.

·    25 October 2019 - Request for additional fees.

·    28 October 2019 - Additional information clarify if existing use rights.

·    30 October - 12 November 2019 - Public exhibition via neighbour notification.

·    1 November 2019 - Additional fees paid.

·    6 November 2019 - Additional information and revised SOEE provided.

·    7 November 2019 - Additional information request re waste management.

·    8 November 2019 - Additional information response re waste management.

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

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

 

(a)     The provisions (where applicable) of:

(i)      any Environmental Planning Instrument

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

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

 

The site is mapped as a potentially contaminated site based on current and historic use as a service station.

 

In accordance with clause 7 of this policy the site is in its current state is considered suitable for the intended use. Specifically the change of use to the area within the existing building from a pharmacy to take away food and drink premises remains commercial in nature and does not involve any residential or sensitive land use that would warrant preliminary investigation or remediation.

 

 

 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

 

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

 

State Environmental Planning Policy (Coastal Management) 2018

 

The site is located within a mapped coastal use. For context, see map image below.

 

The site is partly located within the mapped proximity area to littoral rainforest. For context, see map image below.

 

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

 

Having regard to clauses 11 and 14 of the SEPP the proposed development is not considered likely to result in any of the following:

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

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

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

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

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

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

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

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

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

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

 

The development is compatible with the surrounding coastal and built environment.

 

State Environmental Planning Policy No 64 - Advertising and Signage

 

The proposed development does not include any new signage.

 

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 land use table - Takeaway food and drink premises are a prohibited land use in the R1 zone. Refer to comments below surrounding existing use rights.

·        The following land use in the LEP is relevant to determine and characterise the proposed use:

·                    take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

          The proposal is reliant upon existing use rights. Part 5 of the Environmental Planning and Assessment Regulation 2000 applies. Clause 41 of the Regulation provides that an existing commercial use may be changed to another commercial use (including a commercial use that would otherwise be prohibited). In this clause, a commercial use means the use of a building, work or land for the purpose of office premises, business premises or retail premises (as those terms are defined in the Standard Instrument). The area subject to change in use was previously approved as a pharmacy (DA2010/227). A pharmacy is best characterised as a shop which is a form of a business premises to which falls under the broader commercial premises land use term.

·                     

·                    Clause 41 of the Regulation also provides that the existing use must not be changed unless that change:

·           (a)  involves only alterations or additions that are minor in nature, and

·           (b)  does not involve an increase of more than 10% in the floor space of the premises associated with the existing use, and

·           (c)  does not involve the rebuilding of the premises associated with the existing use, and

·           (d)  does not involve a significant intensification of that existing use.

·                     

The proposal does not include any increase to approved floor space or would result in a significant intensification of the existing use.

 

Clause 45 of the Regulation specifies that development consent is required for changes of existing uses including within parts of a building that are used for different existing uses. Consistent with this clause development consent is being sought.

·        The objectives of the R1 zone are as follows:

To provide for the housing needs of the community.

To provide for a variety of housing types and densities.

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

The proposal is reliant upon existing use rights and does not contain any residential housing component. The proposal will provide for extension of the existing takeaway food and drink premises that will provide a facility for residents in the immediate area. Having regard to the existing use the proposal is not inconsistent with the zone objectives.

·      Clause 5.10 - 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, storm water 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

 

There is no external building work proposed. The following relevant provisions of the plan are addressed as follows:

 

Car parking

 

Parking calculations are as follows:

 

-  Existing parking demand for the pharmacy component was applied at a rate of 1 space per 30m2 of floor area. This equates to 1.4 spaces based on the pharmacy floor area of 42m2.

-  The applicable parking demand rate for takeaway food and drink premises is 1 space per 5 seats, as both internal and external seating will be available to the premises. The proposed extension of the takeaway food and drink premises into this area incorporates 7 internal seats. No change to existing external seating is proposed. The proposed parking demand is 7 seats/5 = 1.4 spaces

-  There is therefore no increase in parking demand generated from the proposed partial change of use.

 

The off-street parking illustrated on the plans is consistent with previous approvals. While this proposal is not reliant on any on street parking it is noted that 7 angled line marked spaces exist along the Shelley Beach Road frontage and 2 informal parallel parking spaces exists along the Pacific Drive frontage.

 

Crime Prevention

 

The expansion of the takeaway food and drink use into this area of the building will improve casual surveillance of the immediate area. Specifically a new window to the indoor seating area is proposed on the southern corner of the building fronting Shelley Beach Road.

 

(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

 

The part internal demolition work is capable of compliance with the Australian standard and a condition has been recommended to ensure compliance.

 

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