Development Assessment Panel

 

Business Paper

 

date of meeting:

 

Wednesday 27 May 2020

location:

 

Via Skype

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

12/02/20

26/02/20

11/03/20

25/03/20

08/04/20

06/05/20

Paul Drake

P

P

P

P

P

P

Robert Hussey

P

P

P

 

P

 

David Crofts

(alternate member)

 

 

 

P

 

P

Dan Croft

(Group Manager Development Assessment)

(alternates)

- Development Assessment Planner

P

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

6/05/2020

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 27 May 2020

 

Items of Business

 

 

Item       Subject                                                                                                      Page

 

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

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

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

04           Disclosures of Interest..................................................................................... 15

05           DA2019 - 137.2 Modification to alterations and additions to Dwelling at Lot 33 DP 18138, No 7 Arncliffe Avenue, Port Macquarie...................................................................... 19

06           DA2019 - 655.1 Land Filling and Farm Buildings at Lot 16 and Lot 17 DP 855941 Oxley Highway, Wauchope...................................................................................................... 44

07           DA2019 - 740.1 Development Ancillary to Agriculture (Frost Fans) at Lot 13, DP 754420, 293 Innes View Road, Innes View......................................................................... 154

08           DA2019 - 568.1 Demolition of Multi Dwelling Housing and Construction of Residential Flat Building Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 101 DP 1122606, No 3 Clarence Street, Port Macquarie..................................................................................................... 188

09           DA2016 - 88.5 - Section 4.55 Modification to Existing Subdivision Layout at Lot 2 DP 1263561 and Lot 99 DP 1246122, South Atlantic Drive, Lake Cathie............................... 337  

10           General Business

 


AGENDA                                               Development Assessment Panel      27/05/2020

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 6 May 2020 be confirmed.


MINUTES

Development Assessment Panel Meeting

                                                                                                                                  06/05/2020

 

 

 

 

PRESENT

 

Members:

Paul Drake

David Crofts

Dan Croft

 

Other Attendees:

Grant Burge

Pat Galbraith-Robertson

Ben Roberts

Ross Frazier

Chris Gardiner

Robert Slater

Steven Ford

Michelle McLennan

 

 

 

The meeting opened at 2:00pm on 6 May 2020.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

 

 

02       APOLOGIES

Nil.

 

 

03       CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Development Assessment Panel Meeting held on 8 April 2020 be confirmed.

 

 

04      DISCLOSURES OF INTEREST

 

There were no disclosures of interest presented.

 

 

05       DA2019 - 309.1 Residential Subdivision at Lot 302 DP 754434 Emily Avenue, Port Macquarie

Speakers:

Tony Thorne

 

CONSENSUS:

That it be recommended to Council that DA2019 - 309 for a residential subdivision at Lot 302, DP 754434, Emily Avenue, Port Macquarie, be determined by granting consent subject to the recommended conditions with the following amendments:

 

  • Amend Condition B(2), Point 1 to read: ‘Road works along the frontage of the development including extension of Emily Avenue to ‘Access Place’ standard (AUSPEC D1.5) joining smoothly with the existing section of road with a minimum carriage way width of six (6) metres ending in a sealed nine (9) metre radii cul-de-sac with reflectorised posts.

Amend condition B(10), Point a) to read: The legal point of discharge for the proposed development is defined as the existing downstream informal vegetated stormwater basin. In this regard, a suitably sized piped drainage system (minimum 375mm diameter) shall be extended from the basin to the site. The pipeline must be designed to have capacity to convey flows that would be collected within the development as generated by a 5% AEP storm event.

Furthermore, in difference to the concept pipeline alignment illustrated on the Stormwater Management Plan prepared by King and Campbell, Drawing No, 5328P_Exhibits Sheet 6 Revision C and dated 27-11-19, the location of the pipeline discharging to the existing ‘basin’ should be relocated to the north so that is located beneath the invert of the existing swale drain, or other such location with the agreement of Council’s stormwater engineer, to assist in draining that area. The change of direction/inlet pit can also then function to capture runoff from the upstream swale to the west.

 

 

06       DA2019 - 883.1 Dwelling at Lot 14 DP 28743, No. 24 Coral Street, North Haven

A written submission from Naomi Leo was circulated to panel members prior to the meeting.

Speakers:

Naomi Leo (opposing application)

Robert Smallwood (applicant)

 

CONSENSUS:

That DA2019 - 883.1 for a dwelling at Lot 14, DP 28743, No. 24 Coral Street, North Haven be determined by granting consent subject to the recommended conditions and as amended below:

  • Additional condition in Section B of the consent to read: Prior to release of the Construction Certificate a landscaping plan is to be submitted providing for a 2m width landscape strip of vegetation along the rear boundary so as to achieve a minimum 2m high vegetation screen at maturity. An additional 1.5 x 1.5m landscape splay (i.e resulting in a 3.5m x 3.5m triangle) of vegetation is to be provided in the north western corner of the rear boundary. This splay area is to include a minimum of 3 mature paperbark plantings (Melaleuca quinquenervia).’
  • Additional condition in Section D of the consent to read: ‘No excavation, building or storage of materials is to occur within the structural root zones of trees on adjoining properties. Structural root zones of trees on adjoining properties affecting the subject site are to be plotted on the development site and are to be determined in accordance with AS 4970-2009 Protection of trees on Development Sites.’

 

 

07       DA2020 - 122.1 Alterations and Additions to Dwelling at Lot 20 DP 262273, No 11 Timber Ridge Port Macquarie

A written submission from Gary King was circulated to panel members prior to the meeting.

Speakers:

Gary King (opposing application)

Craig Maltman (applicant)

 

CONSENSUS:

That DA2020 - 122 for dwelling additions and alterations at Lot 20, DP 262273, No. 11 Timber Ridge, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

08       DA2020 - 63.1 Dwelling at Lot 2 DP 1143498, No. 4A Hibiscus Cresent, Port Macquarie

A written submission from Grahame Kennedy was circulated to panel members prior to the meeting.

Speakers:

Jacqui Eller (opposing application)

Grahame Kennedy (opposing application)

 

CONSENSUS:

That DA2020 - 63.1 for a dwelling at Lot 2, DP 1143498, No. 4A Hibiscus Crescent, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

09       DA2019 - 277.1 Cafe and Associated Car Parking at Lot 5 DP 524972, Parklands Close, Port Macquarie

A written submission from Katy and Geoffrey Pollard was circulated to panel members prior to the meeting.

Speakers:

Caron Robinson (opposing application)

Warwick Mason (opposing application)

Mark Robertson (opposing application)

Donna Clark (applicant)

 

 

CONSENSUS:

1.   That the Koala Plan of Management prepared by Biodiversity Australia (Rev 1.2, dated January 2020) be approved.

2.   That DA2019 - 277.1 for a Café and Associated Car Parking at Lot 5, DP 524972, Parklands Close, Port Macquarie, be determined by granting consent subject to the recommended conditions and as amended below:

  • Amend condition A(15) to read: (15) ‘Roadworks on Wandella Drive, at the full cost of the proponent, shall include the following in accordance with Aus-Spec:

·    A concrete roundabout structure at the intersection of Karalee Parade and Wandella Drive, including painted medians and signage

·    A concrete threshold to the west of the roundabout delineating the entry to the development

·    Kerb and gutter to the west of the proposed roundabout, and associated pavement and stormwater works.

Details of the construction are to be provided with the application for approval pursuant to Section 138 of the Roads Act.

 

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

1.    Road works along the frontage of the development.

2.    Public parking areas including;

o   Driveways and access aisles;

o   Parking bays

o   Delivery vehicle service bays & turning areas
in accordance with AS 2890.

3.    Sewerage reticulation.

4.    Water supply plans shall include hydraulic plans for internal water supply services and associated works in accordance with AS 3500, Plumbing Code of Australia and Port Macquarie-Hastings Council Policies.

5.    Stormwater systems.

6.    Erosion & Sedimentation controls.

7.    Traffic management control plan.

8.    Detailed driveway profile in accordance with Australian Standard 2890, AUSPEC D1, and ASD202, Port Macquarie-Hastings Council current version.

9.    Provision of a 1.5m (unless varied in writing by Council) concrete footpath along the northern side of Wandella Drive connecting to the existing footpath/boardwalk including a suitable road crossing to Council satisfaction.

10.  A ‘Give Way to pedestrians’ sign at the driveway exit point on the property.

11.  Detailed roundabout layout at the junction of Wandella Drive and Karalee Parade in accordance with the current version of the AUSTROADS guidelines for Intersection design, giving particular attention to sight distance.

·         Additional condition in Section B of the consent to read: ‘ Prior to release of the construction certificate plans are to be provided detailing a 1.8m high colourbond fence along the common boundary with 112 Pacific Dr (i.e for the length of the boundary that has an open style fence at present). The fence is not required if both parties provide written agreement to such.

·         Amend condition E(3) of the consent to read: ‘Driveways, access aisles and parking areas shall be provided with an approved surface.  Such a surface shall be on a suitable pavement, constructed and maintained in accordance with Council's Development, Design and Construction Manuals (as amended).’

 

 

The meeting was adjourned at 4:45pm on 6/5/20.

Item 10 was deferred to 4:00pm on 7/5/20. 

The meeting resumed at 4:00pm on 7/5/20

 

 

10       Section 4.55 DA2004 - 526.3 Modification to Hours of Operation and Conditions of Consent Associated with Previous Approved Industrial Building/Workshop at 10 Glen Ewan Road, Sancrox

Speakers:

Louise Flemming (opposing application)

Tony Thorne (applicant)

Philip Thornton (applicant)

 

CONSENSUS:

That DA2004 - 526.3 for a modification to hours of operation and conditions of consent associated with previous approved industrial building/workshop at Lot 17, DP 1191370, No. 10 Glen Ewan Road, Sancrox, be determined by granting consent subject to the recommended modified conditions and as amended below:

·      Amend condition F(11) to read:Provision is to be made during extended operational hours (6pm to 7am) of an additional car park on the existing hard stand area located on the northern side of the existing western shed as shown on the plan Birdon Marine Extended Hours Carpark (King & Campbell plan 6300P_Site – Revision A dated 25 March 2020). The carparking area shall have capacity for 12 cars and is to be provided and used by all employees working in the existing shed on Lot 17 during the extended hours of operation from 6pm to 7am.

·      Additional condition in Section F of the consent to read: ‘No work is to be carried out on the site between 6pm Saturday to 7am Sunday and from 6pm Sunday to 7am Monday.’

 

 

11       GENERAL BUSINESS

Nil

 

 

 

 

The meeting closed at 5:15pm on 07 May 2020.

 

 

 

 

 


AGENDA                                               Development Assessment Panel      27/05/2020

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      27/05/2020

 

 

 

Item:          05

 

Subject:     DA2019 - 137.2 Modification to alterations and additions to Dwelling at Lot 33 DP 18138, No 7 Arncliffe Avenue, Port Macquarie

Report Author: Development Assessment Planner, Steven Ford

 

 

 

Applicant:               Encompass Drafting

Owner:                    J A & K L Looby

Estimated Cost:     $140,000

Parcel no:               681

Alignment with Delivery Program

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

 

 

RECOMMENDATION

That DA 2019 - 137.2 for modification to consent conditions for alterations and additions to dwelling at Lot 33, DP 18138, No. 7 Arncliffe Avenue, Port Macquarie, be determined by granting consent subject to the recommended modified conditions.

Executive Summary

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

 

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

 

The site is considered suitable for the proposed modified 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 consent be modified as detailed in the attached (Attachment 1) modified conditions.

 

1.       BACKGROUND

 

Existing Sites Features and Surrounding Development

 

The site has an area of 441m2.

 

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:

 

·    Development consent for DA2019 - 137 was originally granted on 26 February 2020, subject to the recommended conditions and as amended below:

“B(4) Prior to release of the construction certificate amended plans are to be submitted to provide for a minimum 2m building setback to the rear property boundary.”

·    The modification requests Council consider the deletion of condition B(4) which was imposed by the Development Assessment Panel.

 

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

 

Application Chronology

 

·    25 March 2020 - Application Lodged

·    8 April 2020 to 23 April 2020 - Neighbourhood notification

·    30 April 2020 - Redacted Submission sent to Applicant for consideration

 

3.       STATUTORY ASSESSMENT

 

Section 4.55(2)(a) Is the proposal substantially the same?

 

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:

 

In Vasic Pty Ltd v Penrith City Council [1992] NSWLEC 8, Stein J held that "substantially" meant "essentially all material or having the same essence."

 

In Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 at [56] Bignold J held that the task for determining whether a development as proposed to be modified is substantially the same as the consent granted was as follows:

 

"The comparative task does not merely involve a comparison of the physical features or components of the development as currently approved and modified where that comparative exercise is undertaken in some type of sterile vacuum. Rather, the comparison involves an appreciation, qualitative, as well as quantitative, of the developments being compared in their proper contexts (including the circumstances in which the development consent was granted)."

 

In the context of the current application, the proposal can be considered to be substantially the same as the development to which consent was originally granted for the following reasons:

·        The modified development is the same proposed plans as the original proposal.

·        The modification proposes provide the original 900mm rear setback, seeking similar setbacks as the existing building rear lot alignments and reduced setbacks within the locality at 3 and 11A and 11B Arncliffe avenue and No 30 Pacific Drive.

·        The impacts of the modification by deleting condition B(4), including solar access, bulk and scale, and privacy remain similar to the approved development.

·        The proposal meets the development provisions of 3.2.2.4 of the DCP, where Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback.

 

Section 4.55(2)(b) Are there any condition(s) of consent imposed by a Minister, government or public authority that require modification?

 

The consent does not include any conditions imposed by a public authority.

 

Section 4.55(2)(c) Does the application require notification/advertising in accordance with the regulations and/or any Development Control Plan?

 

Neighbour notification has been undertaken in accordance with the regulations and Council’s DCP.

 

Section 4.55(2)(d) Any submissions made concerning the modification

 

One (1) written submission was received following public exhibition of the application. A copy of the written submission has been provided separately to members of the DAP.

 

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

 

Submission Issue/Summary

Planning Comment/Response

Object to any variation to the minimum setback of 2m previously conditioned by Council which is to provide neighbours space, privacy and most importantly protects from the noise into neighbouring properties.

The objectives and development provisions of section 3.2.2.5 of the DCP 2013, which allows for variations to the minimum rear setbacks have been adequately addressed.

 

The bulk and scale, and privacy impacts of reducing the approved 2m rear setback to 900mm will remain similar. There are no adverse impacts identifiable of reducing the rear setback from 2m to 900mm.

 

It should be noted that there are no windows in the northern elevation on either the ground or first floor levels of the additions.

Concern of increased noise

The area of building encroaching the minimum rear setback is a walk in robe with no windows facing the rear boundary and adjoining a master bedroom. As this is not a primary living area, it is unlikely to create any identifiable adverse noise impacts.

 

Additionally, the existing pool and verandah will remain the same and are compliant with the development provisions of the DCP 2013.

This will affecting future developments of properties along Hill Street which border this property.

The proposed development does not impact solar access to the adjoining Hill Street properties. From the site inspection, many adjoining properties overlook the proposed development site currently. The proposed additions are considered to have been satisfactorily designed to provide privacy to adjoining properties as well as create solutions for privacy impacts from adjoining properties towards 7 Arncliffe Ave.

Section 4.55(3) Any matters referred to in section 4.15 (1) relevant to the modification, and the reasons given by the consent authority for the grant of the consent sought to be modified.

 

In determining the application, Council is required to take into consideration the following matters as are relevant to the modification 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 (Coastal Management) 2018

 

The site is located within a coastal environment area.

 

In accordance with clause 7, this SEPP prevails over the Port Macquarie-Hastings

LEP 2011 in the event of any inconsistency.

Having regard to clauses 13 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 impacts on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

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

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

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

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

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

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

-               to foreshores;

j)        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.

 

(ii)     Any Development Control Plan in force

 

Port Macquarie-Hastings Development Control Plan 2013 (as relevant to the modification)

 

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

Water tank is appropriately located.

 

Proposed ground floor storage and laundry area is not greater than 60m2

Yes

3.2.2.4

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

920mm rear setback proposed. Which is considered a 76% variation. See justification below.

No* Considered to be acceptable

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, see justification below.

The building wall is a maximum 11.2m long, satisfactorily addressing the objective of this development provision.

Yes

3.2.2.6

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

The dwelling contains 35m² open space in one area including a useable 4m x 4m space.

Yes

3.2.2.10

Privacy:

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

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

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

The development will not compromise privacy in the area due to a combination of lack of windows overlooking both side and rear boundaries, having high sill windows that face side boundaries, limiting living areas that face adjoining living areas and open space.

Yes

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

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

Yes

 

The proposal seeks to vary Development Provision relating to 3.2.2.4 - 4m minimum rear setback. Variation subject to site analysis and provision of private open space

 

The relevant objectives are:

·    To allow adequate natural light and ventilation between dwellings/buildings and to private open space areas.

·    To provide useable yard areas and open space.

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

·    Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback.

·    The existing private open space, including both rear verandah and pool area, maintains solar access.

·    The proposed rear setback is 900mm which encroaches the standard rear setback provision for 4.65m (30%) of the rear boundary.

·    A 4m setback for the eastern side setback for the equivalent length of the rear boundary has been provided to achieve solar access, natural ventilation and separation.

·    The proposed rear setback variation does not adversely overshadow neighbouring primary living areas and private open space.

·    The proposed additions, at a height of 5.7m, are well under the zone’s maximum building height standard of 11.5m.

·    There are no windows proposed overlooking the rear boundary, which could result in adverse privacy impacts to the northern neighbouring properties.

·    The proposal does not result in any adverse impact on views enjoyed by neighbouring properties.

 

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

 

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

 

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

 

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

 

The proposal does not have significant adverse lighting impacts.

 

There are no significant adverse privacy impacts.

 

There 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.

 

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 modification 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

 

Following exhibition of the application in accordance with DCP 2013, 1 submission was received.

 

(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 no additional residential occupancies are being proposed.

 

 

5.       CONCLUSION AND STATEMENT OF REASON

 

The application has been assessed in accordance with Section 4.55 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 modified 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 - 137.2 Draft Modified Consent

2.    DA2019 - 137.2 Plans

 


  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 












AGENDA                                               Development Assessment Panel      27/05/2020

 

 

 

Item:          06

 

Subject:     DA2019 - 655.1 Land Filling and Farm Buildings at Lot 16 and Lot 17 DP 855941 Oxley Highway, Wauchope

Report Author: Development Assessment Planner, Benjamin Roberts

 

 

 

Applicant:               Land Dynamics Australia

Owner:                    M A Roche Group Pty Ltd

Estimated Cost:     $150,000

Parcel no:               28672, 28673

Alignment with Delivery Program

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

 

 

RECOMMENDATION

That DA 2019 - 655.1 for land filling and farm buildings at Lot 16 and Lot 16, DP 855941, Oxley Highway, Wauchope, be determined by granting consent subject to the recommended conditions.

 

Executive Summary

 

This report considers a development application for land filling and farm buildings 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 conditions in Attachment 1.

 

 

1.       BACKGROUND

 

Existing Sites Features and Surrounding Development

 

Lot 16 is 3.9 hectares in area and Lot 17 is 8 hectares in area. The combined total area being 11.9 hectares.

 

The site is zoned RU1 Primary Production in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=553d1cb2-9734-42f1-a468-83a53025f588&contentType=image%2FjpegThe existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph:

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=388a471c-e214-4078-882f-824d25edc2df&contentType=image%2Fjpeg

The site already contains a significant amount of fill as illustrated on the above aerial photograph.

 

Development and Application History

The site has been subject to a number of development applications. A brief description and status of those applications is provided as follows:

 

·  Development Application 2003 - 392 for land filling approved by Council on 24 May 2004. Copy of stamped plan provided below. This approval has physically commenced. The fill was primarily contained to Lot 16 DP 855941 and provided for finished surfaces levels of between 5.5m and 6.35m AHD. 

·                      

·                    

 

·  Development Application 2006 - 669 for a retail nursery and ancillary landscaping supplies approved by Council on 4 June 2007. The proposal was primarily contained to Lot 17 DP 855941 with access via lot 17. Copy of stamped site plan provided below. This consent never commenced and has subsequently lapsed.

 

 

·  Development Application 2008 - 426 for a caravan park and manufactured home estate approved by Council on 2 March 2011. This consent also provided for filling of the site. This consent has physically commenced. A copy of the approved site plan is provided below. This consent provided for filling of the site to a height of 7.15m AHD to meet required flood levels.

·                      

·                    

·                      

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of this development proposal include the following:

 

·    Retrospective approval for land filling beyond existing development consents.

·    Spreading of existing unapproved fill material.

·    Proposed new land filling.

·    Construction of a farm building and stock yard.

 

The fill as currently exists on the site is illustrated on the site plans and typical cross-section plans supporting this application. The existing fill mound sits at a height of 12m AHD in locations and the proposal is to spread the existing fill out and import additional fill to a height of 7.12 AHD. The spreading and importation of fill is proposed eastward and small section southward of the existing fill mound.

 

The site plans also illustrate the extent of fill beyond existing development consents and to which retrospective consent is also sought under this application.

 

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

 

Application Chronology

 

·    13 September 2019 - Application lodged.

·    24 September 2019 - Additional information request to applicant - land owners consent, fees and plans of farm building.

·    24 September 2019 - Application referred to Essential Energy.

·    27 September 2019 - Farm building plans provided.

·    1 October 2019 - Land owners consent provided.

·    3 to 17 October 2019 - Public exhibition via neighbour notification.

·    16 October 2019 - Application referred to Roads and Maritime Services.

·    16 October 2019 - Applicant advised not supportive of application in current form and request for additional information and integrated application fees if proceeding.

·    7 November 2019 - Roads and Maritime Services comments received.

·    28 November 2019 - Additional information lodged.

·    10 January 2020 - Integrated referral to Natural Resources Access Regulator.

·    22 January 2020 - Response to submissions received from applicant.

·    11 February 2020 - Applicant advised of concerns surrounding application in current form and likely to be recommended for refusal suggest consider withdrawing application.

·    4 March 2020 - General Terms of Approval (GTAs) received from Natural Resource Access Regulator.

·    5 March 2020 - Meeting with applicant and land owner to discuss key assessment issues to progress the application.

·    1 April 2020 - Revised plans lodged.

 

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 (Koala Habitat Protection) 2019

 

Clause 15 - A development application made, but not finally determined, before the commencement of this Policy in relation to land to which this Policy applies must be determined as if this Policy had not commenced. The application was made and not finally determined prior to the commencement of this policy, and the application is therefore required to be assessed under the relevant provisions of State Environmental Policy No 44 - Koala Habitat Protection. See assessment comments below.

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

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

 

The Department of Planning and Infrastructure’s Circular No. B35, Section 1.5 states that “In relation to affected development applications it is the intention of the policy that investigations for ‘potential’ and ‘core’ koala habitats be limited to those areas in which it is proposed to disturb habitat”.

 

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

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

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

 

State Environmental Planning Policy (Infrastructure) 2007

 

In accordance with clause 45 of this policy written notice is required to the electricity supply authority for any development in proximity to electricity infrastructure. Specifically, 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,

 

It was identified that the proposed development is within and immediately adjacent an easement for electricity purposes.

 

The electricity supply authority (Essential Energy) was given written notice inviting comments. Before determining a development application, the consent authority must take into consideration any response to the notice that is received within 21 days after the notice is given.

 

The comments below were provided by the electricity supply authority:

 

“Strictly based on the documents submitted, and provided the new ground clearances meet with Essential Energy’s guidelines, then Essential Energy has no comments to make as to potential safety risks arising from the proposed development. 

 

Essential Energy makes the following general comments:

 

·        If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment;

 

·        Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with; and

 

·        In addition, Essential Energy’s records indicate there is electricity infrastructure located within the property. Any activities within this location must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

 

·        Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW).

 

·        Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.”

 

At the time of site inspection, it was evident that no overhead transmission lines existed in the easement. Following receipt of the above comments further verbal discussion with Essential Energy confirmed that overhead lines that once existed in the easement were relocated some time ago. Essential Energy subsequently advised of overhead lines located in the western portion of the site. They are not located within any easement. A plan was subsequently provided showing the location of electricity infrastructure on the property. A screenshot of the plan is provided below:

 

 

Consistent with clause 45(1)(b)(iii) the application does not propose any development or filling within 5m of the exposed overhead electricity power lines located on the property.

 

With reference to clause 101 the site has frontage to the Oxley Highway which is a classified road. The consent authority must not grant consent to development on such land unless it is satisfied that:

 

(a)  where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and

·                     

(b)  the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of—

(i)  the design of the vehicular access to the land, or

(ii)  the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

 

(c)  the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

 

Comments: While the development is not of a size or capacity triggering referral to Roads and Maritime Services (RMS) under this policy comment was sought to inform Council staff in assessment of the above noting that vehicular access to the classified road would trigger a subsequent concurrence under the Roads Act, 1993. The comments provided by RMS are provided below:

 

“We understand that council is seeking advice to inform their assessment and any conditions of consent relating to access to the Oxley Highway. It is emphasised that the comments provided below are based on the current proposal and the information provided at this time. They are not to be interpreted as binding upon Roads and Maritime and may change following the receipt of a formal Section 138 Roads Act application:

 

1.    The proposed development will need to construct a new access onto the Oxley Highway for Lots 16 and 17. This will require a Section 138 Application to be made to Council and a concurrence from Roads and Maritime. It is recommended that a S138 concurrence should be sought prior to a consent being issued.

 

2.    Access is to be designed and constructed in accordance with the attached Typical Rural Property Access standard to accommodate the largest design vehicle requiring access to the site. It should be sealed, meet the highway at grade and provide for drainage. The gate should be set back sufficiently to accommodate the largest vehicle.

 

3.    It is noted that DA 2008/426 for a Manufactured Home Estate and Caravan Park on Lot 16 has commenced. The proposed development will share access with the approved development and Council should take this into consideration in making their determination. It is recommended access to all developments be consolidated on a single entry/exit point and that any redundant access points be legally and physically closed.

 

4.    Detailed plans of the access should be submitted to Council in accordance with Section 138 of the Roads Act and a copy of the application forwarded to Roads and Maritime for concurrence prior to plans being approved.

 

5.    Construction of the access is to be undertaken in accordance with Roads and Maritimes latest version of Traffic Control at Worksites Manual and a Road Occupancy Licence (ROL) from https://myrta.com/oplinc2 must be obtained from Roads and Maritime prior to the implementation of any traffic control on this road.

 

All works on the classified (State) road will need to be designed and constructed in accordance with the current Austroads Guidelines, Australian Standards and Roads and Maritime Supplements.

 

The developer will be required to enter into a Works Authorisation Deed (WAD) with Roads and Maritime for any road work deemed necessary on the classified (State) road. The developer will be responsible for all costs associated with the works and administration for the WAD. It is recommended that developers familiarise themselves with the requirements of the WAD process. Further information can be accessed using the following link:

http://www.rms.nsw.gov.au/projects/planning-principles/index.html

 

Further to the assessment comments and advice provided under the access, traffic and parking heading later in this report, Council staff are satisfied that an appropriate vehicular access can be provided that will not adversely impact on safety and operation of the classified road. 

 

With reference to clause 121 development for the purposes of clean fill may be carried out by any person with consent on land to which development for the purpose of industries, extractive industries or mining maybe carried out with consent under any environmental planning instrument. The site is zoned RU1 Primary Production under the Port Macquarie-Hastings Local Environmental Plan 2011 to which extractive industries and mining are permissible with consent.

 

Port Macquarie-Hastings Local Environmental Plan 2011

 

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

 

·    Clause 1.9 - For the avoidance of any doubt the provisions of State Environmental Planning Policy (Infrastructure) 2007 prevail over this plan. Specifically, clause 121 of that policy provides that development for the purposes of clean fill may be carried out with consent on the land. 

 

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

·                      

·    Clause 2.3(1) and the RU1 zone landuse table - Development for the purposes of farm buildings is permitted with consent. The application proposes that the continued and proposed land filling is ancillary to the agricultural land use undertaken on the site and is therefore permissible with consent. The ancillary nature of the fill could potentially be disputed however clean fill alone is permitted via SEPP Infrastructure (2007). Refer to prior comments under clause 1.9 above.  

 

The objectives of the RU1 zone are as follows:

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

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

To minimise the fragmentation and alienation of resource lands.

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

 

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

The proposal will maintain the agricultural viability and productivity of the land.

The proposal will provide for farm buildings and stockyards for agricultural use of the land.

 

·    Clause 7.1 - The site is mapped as containing class 4 and 5 acid sulfate soils on the acid sulfate soils map. The proposal does not include any excavation extending below the natural surface level therefore no adverse impacts are expected to occur to any acid sulfate soils that may exist on the site. 

 

·    Clause 7.2 - Before granting consent for earthworks the following matters must be considered:

 

(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,

 

(b)  the effect of the proposed development on the likely future use or redevelopment of the land,

 

(c)  the quality of the fill or the soil to be excavated, or both,

 

(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,

 

(e)  the source of any fill material and the destination of any excavated material,

 

(f)  the likelihood of disturbing relics,

 

(g)  the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.

 

Comments: The works will not lead to any adverse impact upon existing drainage patterns, soil stability of the site or adjoining/adjacent sites, any nearby water course or known environmental sensitive area within the immediate locality. The works will be unlikely to adversely affect potential additional future land uses on the site. The soil quality and structure will not present a constraint to the construction of the farm shed on the site. The applicant indicates that fill to be imported to the site will be clean virgin fill. A suitable consent condition has been recommended to ensure compliance with this commitment. The likely change in levels associated with the proposed development will not have an adverse effect on the amenity of adjoining/adjacent properties to the site. Specifically, the proposal will result in the levelling out and reduction in height of the current stockpile evident on the site. The site does not contain any known items of aboriginal or other cultural significance. Appropriate conditions of consent are proposed to manage the impact of the filling and spreading works.

 

·    Clause 7.3 - The site is land within a mapped “flood planning area” (land subject to flood discharge of 1:100 annual recurrence interval flood event, plus the applicable climate change allowance and relevant freeboard).

 

The application was supported by a flood impact and risk assessment report. The report was prepared by Advisian and is dated 19 August 2019, revision B which is provided as an attachment to this report.

 

The following comments are provided which incorporate consideration of the objectives of Clause 7.3, Council’s Flood Policy 2018, the NSW Government’s Flood Prone Lands Policy and the NSW Government’s Floodplain Development Manual (2005):

The proposal and flood report are considered to meet the provisions of the flood policy 2018.

The flood report demonstrates that the fill will not have any adverse impacts to the floodplain, does not have any measurable impact on flood levels, and only crates a minor velocity increase of 0.02m /s, which less than the 0.1m/s permitted under the flood policy.

The fill will provide a level which can be used for stock and cattle (noting there is no specific level for stock refuge mounds), and the shed will be above the 1:20 year flood level, which for this site is 5.84m AHD. The shed FFL is approx. 1.3m above this level;

The application has demonstrated compatibility with the flood hazard of the land taking into account projected changes as a result of climate change;

The application has demonstrated that 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; and

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

 

·    Clause 7.13 - Having regard to the nature of the proposed development the provision of water, electricity and sewer are not considered essential services. Stormwater drainage is capable of being managed onsite and suitable road access available to service the development.

 

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

 

No draft instruments apply.

 

(iii)    Any Development Control Plan in force

 

Port Macquarie-Hastings Development Control Plan 2013

 

The relevant general provisions of the plan considered in the following table:

 

DCP 2013: General Provisions

DCP Objective

Development Provisions

Proposed

Complies

1.3.2

Community participation

The application is notifiable local development and was notified consistent with provisions of this plan.

Yes

2.3.3.3

a) Significant land reforming proposals where >10% gross site area or >1.0ha is to have surface levels changed by more than 5m or where earthworks exceed an average of 10,000m3 per ha shall:

• identify the impact of the proposed land reforming on the environment, landscape, visual character and amenity, natural watercourses, riparian vegetation, topographical features of the environment and public infrastructure;

• demonstrate compliance with the provisions of Council’s Aus-Spec design specification;

• assess the impacts and benefits of the proposal to all impacted persons and the general public;

• provide measures to compensate for and minimise any net adverse impacts.

 

(b) The use of high earthworks batters should be avoided.

 

(c) Preliminary plans indicating the final landform are required to be submitted with any master plan or subdivision application.

 

(d) The subdivision should be designed to fit the topography rather than altering the topography to fit the subdivision.

 

The proposal is considered a significant land forming proposal.

 

 

 

 

 

The proposed filling and spreading of existing fill material to a height of 7.12m and commitment for grass establishment within 12 months will actually improve the visual amenity and landscape across the site form that to which currently exists.

 

No subdivision associated civil work is proposed.

 

 

The application has identified the potential flood impacts from the filling of the site and demonstrated that no adverse impact will result consistent with Council’s flood policy.

 

 

The batters proposed are not considered significant in height.

 

The plans provided illustrate final landform levels.

 

 

 

 

 

No subdivision proposed.

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

N/A

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

N/A

2.4.3.5

Development must comply with Council’s Floodplain Management Plan and Flood Policies.

 

The proposal was supported by a flood impact assessment and has demonstrated compliance with Council’s flood policy.

Yes

2.5.3.2

a) New direct accesses from a development to arterial and distributor roads is not permitted. Routes should differ in alignment and design standard according to the volume and type of traffic they are intended to carry, the desirable traffic speed, and other factors.

 

b) Existing direct accesses from a development to arterial and distributor roads are rationalised or removed where practical.

 

c) Vehicle driveway crossings are minimal in number and width (while being adequate for the nature of the development), and positioned:

• to avoid driveways near intersections and road bends, and

• to minimise streetscapes dominated by driveways and garage doors, and

• to maximise on-street parking.

The proposal is to use approved vehicular access (under DA2008/426) onto the Oxley Highway. Details shall be provided as part of a Roads Act (Section 138) application to Council.

 

 

 

 

 

No additional access points to the Oxley Highway are proposed or required.

 

 

 

Single access point proposed.

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

2.6.3.2

Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint

No tree removal is proposed.

N/A

 

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

 

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

 

(iv)    Any matters prescribed by the Regulations

 

No matters prescribed by the regulations apply.

 

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

 

Context and setting

The site is located on the southern side of the Oxley Highway road entry to the township of Wauchope. Adjoining the site to the east is agricultural farmland. Adjoining the site to the south is agricultural farmland. Adjoining the site to the west is the railway and cluster of residential dwellings in the north-western corner.  

 

Subject to the imposition of the recommended site management conditions the proposal will not have any significant adverse impacts to existing adjoining properties.

 

The proposal is considered to satisfactorily address the public domain. Specifically, the levelling out of the current fill stockpile and commitment for grass establishment within 12 months will improve the visual amenity across the site from the public domain (i.e. the Oxley Highway). 

 

The proposal will still allow for agricultural use of the land consistent with other rural development in the locality. The proposal adequately addresses planning controls for the area.

 

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

 

There are no significant adverse 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 the Oxley Highway. Oxley Highway is a sealed public road under the care and control of Roads and Maritime Services. Oxley Highway is a state highway with a 7m Road Formation within a 20m road reserve. 

 

Traffic and Transport

The addition in traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

 

The development proposes substantial fill material to be imported to the site. To protect existing road facilities, the existing road conditions shall be evaluated and bond securities held prior to any earthworks commencing. Details shall be provided as part of a Roads Act (Section 138) application. Suitable consent conditions have been recommended.

 

Site Frontage and Access

Vehicle access to the site is proposed through the approved driveway entrance provided under DA2008/426. This is also noted in Roads and Maritime Services comments. Oxley Highway is a Roads and Maritime Services (RMS) state highway and will require concurrence and a Works Authorisation Deed (WAD) from the RMS prior to works on this road. Details shall be provided as part of a Roads Act (Section 138) application to Council. Suitable consent conditions are recommended.  

 

Water Supply Connection

Council records indicate that Lot 17 DP 855941 currently has a 20mm metered water service. No fixture or fittings are proposed in the farm building and no change to the existing water supply service arrangements are proposed or required.

 

Council has water supply easements and water mains running across the site. There is a 300mm cast iron water main running diagonally across the site and part of the fill is proposed over this water main and easement. A 525mm asbestos cement water main and a 750mm steel water main run across the rear of the site. These are not impacted by the proposal.

 

Buildings and structures are not permitted over water main easements or within 2.5 metres of the water main centreline. The farm building is proposed well clear of the water supply easements. The stockyards are proposed over the water supply easement that diagonally traverses the site. A consent condition has been recommended requiring the stockyards to relocated south clear of this easement.

 

There is to be no vehicular or plant and machinery activity over the 525mm AC or the 750mm steel water mains across the rear of the lot. A consent condition is recommended advising of this requirement.

 

Filling and spreading work over the 300mm water main running diagonally across the site (within the easement) shall only be carried out under the supervision of Port Macquarie-Hastings Council. The costs of this supervision will be borne by the proponent. An appropriate consent condition is recommended.

 

Sewer Connection

The site is not currently connected to Council’s sewer network and no facilities are proposed in the farm building.

 

Stormwater

The site naturally grades towards the south and is currently serviced via an existing open drainage system.

 

The legal point of discharge for the proposed development is defined as overland flow. It is not considered that the proposed fill will have any adverse effect on the existing stormwater.

 

The proposed access should provide appropriate drainage to ensure safe access and appropriate conditions have been recommended.

 

Other Utilities

Telecommunication and electricity services are capable of being provided to the site.

 

Heritage

No known items of Aboriginal or European heritage significance exist on the property. No excavation is proposed beyond natural ground level. No adverse impacts anticipated.

 

Other land resources

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

 

Water cycle

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

 

Soils

Subject to appropriate erosion and sediment controls being in place prior to and during filling works the proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity. Standard precautionary site management condition is recommended. The condition requires appropriate erosion and sediment controls to be in place until the site is stabilised with vegetation.

 

Air and microclimate

Standard precautionary site management condition is recommended which requires appropriate dust control measures. Subject to the implementation of such measures the fill and spreading work is unlikely to result in any adverse impacts on the existing air quality or result in any pollution.

 

Flora and fauna

The site comprises non-native grassland and contains no significant vegetation. The proposed development does not include any removal/clearing of any significant native vegetation and therefore does not trigger the biodiversity offsets scheme. Part 7 of the Biodiversity Conservation Act 2016 is considered to be satisfied.

 

Under the NSW Biosecurity Act 2015 all landowners have a duty to prevent, eliminate or minimise any biosecurity risk, which includes weed management. There is a risk with the proposed development that weeds could be imported to or exported from the site from heavy vehicular movements.

 

A consent condition has been recommended reminding the landowner of weed management responsibilities under this legislation and specifically advising that adequate decontamination of vehicles and equipment need to be undertaken for any vehicles entering and leaving the site as part of the development.

 

Waste

No waste will be generate from the proposed development. No adverse impacts are anticipated.

 

Energy

No adverse impacts anticipated.

 

Noise and vibration

The landfill and spreading work will involve heavy machinery and given the proximity of the site and vehicular access to adjoining residential receivers it is considered important that any fill or spreading work be limited to what would otherwise be normal construction work hours. Those being 7am to 6pm Monday to Saturday with no work on Sundays or Public Holidays. An appropriate consent condition has been recommended. Subject to work being confined to these hours the proposal will not result in any significant adverse noise impacts.

 

The proposed farm shed and holding yards are located over 150m from the existing residential receivers. This setback is considered more than adequate in minimising any potential land use conflict with any agricultural use of these structures.

 

Bushfire

The site is identified as being bushfire prone. However, no form of residential development is proposed. An assessment of bushfire risk having regard to Planning for Bushfire Protection guidelines concludes that no bushfire measures are required for the proposed structures.

 

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 of flooding have been adequately addressed and appropriate conditions of consent recommended.

 

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

 

One (1) written submission was received following public exhibition of the application. Copies of the written submission have been provided separately to members of the DAP.

 

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

 

Submission Issue/Summary

Planning Comment/Response

Application is incorrect and does not detail the owners “full intentions”. The application is a false statement of the owners ultimate intention and use of the land.

Noted. Council can only assess the application at hand and the proposed use. Irrespective of land use, clean fill alone is permissible with consent under State Environmental Planning Policy (Infrastructure) 2007.

The fill currently onsite is significant. It equates to approximately 50,000m3 and extends to the western boundary with the railway line.

Noted. Refer to development and application history heading of this report regarding extent of already approved fill.

The fill height to 7.12m is overkill and no 100 year flood will ever reach that height.

Refer to flood assessment comments provided under clause 7.3 of Port Macquarie-Hastings 2011 of this report.

The proposal will impact the farming ability of the adjoining property to the south being 2A Guy Street (Lot 6 DP 808025). In flood the water will be diverted and spread onto neighbouring properties.

Refer to flood assessment comments provided under clause 7.3 of Port Macquarie-Hastings 2011 of this report.

The area proposed for the shed, cattle yards and stock refuge only takes up a very small percentage of the proposal fill area. If the proposal is genuinely for agricultural purposes then why fill good pasture land and to this extent? A lot smaller area would be just as effective.

Noted. Irrespective of land use clean fill alone is permissible with consent under State Environmental Planning Policy (Infrastructure) 2007. 

The mitigation drain running through the rear of the site is not being maintained. This prevents flows to King Creek and effective stormwater dispersion from Wauchope township. It should be cleaned out whether this be Council or the land owners responsibility.

This matter is not considered relevant to the application. However, the maintenance of this drain is the land owners responsibility.

There is no genuine agricultural need for more fill. The 12 steers on the property would only have 4 hectares left to graze of the 8-hectare property. 

Noted. Irrespective of land use clean fill alone is permissible with consent under State Environmental Planning Policy (Infrastructure) 2007. 

Is the fill that has already been placed on site clean and free from contamination? Where is the bio security documentation confirming trucks and machinery entering the site where contaminate and weed free?

A consent condition has been recommended requiring a validation certificate be provided from an appropriately qualified person for the existing fill. The certificate amongst other things will need to demonstrate the fill is free of contamination. A condition has also been recommended reminding the landowner of biosecurity obligations and weed management.

Wind-blown dust has already been a problem on the site especially in dry times.

Noted. A site management consent condition is recommended which includes the requirement for appropriate dust control measures.

(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

 

A fixed development consent levy will apply under s7.12 of the Act. Consistent with Council’s S94A (now s7.12) plan the development is not for residential purposes and the cost of the development exceeds $100,000 in value. A consent condition has been recommended requiring payment of the levy prior to issue of the construction certificate for the farm shed. An estimate of the amount payable is provided as Attachment 3 to this report.

 

Development contributions will not be required under S64 for the following reasons:

 

-      The development will not propose or require augmentation of the water or sewer network.

·                 

 

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.    DA2020 - 655.1 Recommend Conditions

2.    DA2019 - 655.1 Plans

3.    DA2019 - 655.1 Contributions Quote

4.    DA2019 - 655.1 NRAR General Terms of Approval

5.    DA2019 - 655.1 RMS response letter

6.    DA2019 - 655.1 SOEE

7.    DA2019 - 655.1 Flood Assessment

 


  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 




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  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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AGENDA                                               Development Assessment Panel      27/05/2020

 

 

 

Item:          07

 

Subject:     DA2019 - 740.1 Development Ancillary to Agriculture (Frost Fans) at Lot 13, DP 754420, 293 Innes View Road, Innes View

Report Author: Development Assessment Planner, Benjamin Roberts

 

 

 

Applicant:               I H and A L Tolson

Owner:                    I H and A L Tolson

Estimated Cost:     $140,000

Parcel no:               17667

Alignment with Delivery Program

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

 

 

RECOMMENDATION

That DA 2019 - 740 for development ancillary to agriculture (frost fans) at Lot 13, DP 754420, No. 293 Innes View Road, Innes View, be determined by granting consent subject to the recommended conditions.

 

Executive Summary

 

This report considers a development application for development ancillary to agriculture (frost fans) 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 conditions in Attachment 1.

 

 

1.       BACKGROUND

 

Existing Sites Features and Surrounding Development

 

The site has an area of 51.09 hectares.

 

The site is zoned RU1 Primary Production in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=32c8bfe4-62f1-46b1-a281-085a755e71f6&contentType=image%2FjpegThe existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph:

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=abb0f52c-a3e9-45f5-add8-a49c7e85b4b6&contentType=image%2Fjpeg

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

·    Erection of two frost fans each with a tower height of 10.5m and 5.5m fan diameter.

 

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 - Additional information requested.

·    28 October 2019 - Additional information lodged.

·    30 October 2019 - Additional information requested.

·    1 to 14 November 2019 - Public exhibition via neighbour notification.

·    17 January 2020 - Additional information lodged.

·    13 February 2020 - Additional information requested.

·    14 April 2020 - Additional information lodged.

 

 

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 (Koala Habitat Protection) 2019

 

Clause 15 - A development application made, but not finally determined, before the commencement of this Policy in relation to land to which this Policy applies must be determined as if this Policy had not commenced. The application was made and not finally determined prior to the commencement of this policy, and the application is therefore required to be assessed under the relevant provisions of State Environmental Policy No 44 - Koala Habitat Protection. See assessment comments below.

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

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

 

The Department of Planning and Infrastructure’s Circular No. B35, Section 1.5 states that “In relation to affected development applications it is the intention of the policy that investigations for ‘potential’ and ‘core’ koala habitats be limited to those areas in which it is proposed to disturb habitat”.

 

The application has demonstrated that no habitat will be removed or modified therefore 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 (Infrastructure) 2007

 

In accordance with clause 45 of this policy written notice is required to the electricity supply authority for any development in proximity to electricity infrastructure. Specifically, 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,

 

Following a site inspection, it was evident that overhead electricity lines exist on the property. They are not located within any easement. Subsequent advice was sought from Essential Energy as to the location of overhead electricity power lines on the property. A plan was provided by Essential Energy showing the location of electricity infrastructure on the property. A screenshot of the plan is provided below:

 

 

The proponent was requested to illustrate the location of the fans in relation to the power line infrastructure. The marked up plan was provided below which illustrates the fans are proposed to be located well in excess of 5m from the power lines and therefore no formal written notice to the supply authority is required.

 

 

Port Macquarie-Hastings Local Environmental Plan 2011

 

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

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

·        Clause 2.3(1) and the RU1 zone landuse table - The proposed development is considered to be ancillary to the agricultural use of the land. Specifically, the site is currently operating as an avocado farm and the fans would be used as a means of keeping frost from settling on the avocado plants. Agriculture is permitted with consent in the RU1 zone.

The objectives of the RU1 zone are as follows:

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

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

o To minimise the fragmentation and alienation of resource lands.

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

 

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

the proposal is a permissible landuse;

the proposal will encourage sustainable primary industry;

the proposal will encourage a diverse primary industry enterprise;

the proposal will not fragment or alienate resource lands; and

the proposal will not result in any zone interface land use conflicts.

·               

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

·                     

·        Clause 7.13 - Water, sewer, electricity and stormwater are not considered essential services for the proposed development. Existing suitable road access currently serves the site.

 

(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

The plan does not contain specific provisions for this form of development. The relevant general provisions of the plan considered in the following table:

 

DCP 2013: General Provisions

DCP Objective

Development Provisions

Proposed

Complies

1.3.2

Community participation

The application is notifiable local development and was notified consistent with provisions of this plan.

Yes

2.6.3

Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint

No tree removal is proposed.

N/A

 

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

 

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

 

(iv)    Any matters prescribed by the Regulations

 

No matters prescribed by the regulations apply.

 

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

 

Context and setting

The property is located approximately 4km west of the village of Comboyne. The property is traversed by Innes View Road along its northern portion and adjoining the site to the north, east and south are rural properties. Adjoining the site to the southwest is National Park, known as the Boorgana Nature Reserve.   

 

The proposal has demonstrated that it will not have any significant adverse impacts to existing adjoining properties.

 

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

 

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

 

There are no adverse overshadowing impacts.

 

Roads, Traffic and Transport

The installation of the two frost fans will not result in any increase to traffic generation from the property. 

 

Site Frontage and Access

The site has road frontage to and existing access from Innes View Road. There is no change proposed or required to the existing property access arrangement.

 

Parking and Manoeuvring

The installation of the two frost fans will not result in any increased parking demand. 

 

Stormwater

Stormwater generated from the structures will be minimal and not considered to require any specific capture or treatment measures.

 

Other Utilities

Electricity services are available to the site. It is not clear whether telecommunication service is provided however is not considered necessary for the proposed development.

 

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.

 

Other land resources

The proposal 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

No adverse impacts anticipated. Standard precautionary site management condition recommended.

 

Energy

No adverse impacts anticipated.

 

Noise and vibration

The operations of the proposed development have the potential to generate noise impacts. Specifically, as the frost fans will be operational within the early hours of the morning.

 

The application was supported by an environmental noise assessment. The assessment was prepared by Sonus and is dated January 2020 and is provided as an attachment to this report.

 

The noise assessment provides the following conclusion:

 

“The noise from two new Frost Boss "C49" frost control fans has been predicted at the closest non-associated dwellings. The predictions have used the CONCAWE noise propagation model under weather conditions which correspond to a frost.

 

Appropriate noise criteria have been established with reference to the Griffith and Leeton Shire Councils policies for frost control fans.

 

Based on the predictions, the adopted criterion of 55 dB(A) will be easily achieved at all non-associated dwellings in the vicinity of the installation where the new frost control fans are operated in the “normal” operating mode.” 

 

Following a review of the noise assessment additional information was requested from the applicant which sought advice clarification on expected internal noise levels at the residential receivers. Additional information was provided by the author of the noise assessment in an email dated 14 April 2020. A copy of this email is provided as an attachment to this report.

 

The following assessment comments are provided with regard to the environmental noise assessment and additional information received:

 

·    The noise assessment is based on frost fan noise levels measured by Heggies for another development. It is understood that Sonus has previous experience in noise modelling predictions for frost fans in the Leeton area.

 

·    The noise assessment has used the noise criteria set out under the Griffith Policy for Frost Control Fans and Leeton Shire Council Policy for Frost Control Fans. The policies “recognise the special circumstances associated with frost control fans and have specific criteria for the noise that they produce”.

 

·    The Noise Guide for Local Government cites the Griffith City Council’s Frost Fans Policy and the Victorian Governments publication: “Guidelines on Noise from Frost Fans”. That being the case, the 55dB(A) external criterion adopted is considered appropriate to determine potential noise impacts on surrounding residents.

 

·    Based on the 55dB(A) external criterion for a dwelling in a ‘Non-noise sensitive zone’, i.e. in an agricultural area, the modelled noise levels from the two frost fans will comply at all the potentially noise-affected dwellings. The potentially noise-affected dwellings are illustrated in appendix A of the noise assessment. The predicted outdoor noise levels at the dwellings range from between 42dB(A) to 48dB(A).

·                      

·    The modelled internal noise levels for each of the surrounding residences was when both of the frost fans would be in operation i.e. the cumulative worst-case scenario. The appropriate internal noise level criterion for a bedroom during the night is 35dB(A).

·                      

·    The consultant’s assumption that standard dwelling construction reduces noise from outside to inside by between 20 to 25 decibels is not justified. The general rule is a reduction of 10 decibels. This being the case the expected internal noise levels within the residential receivers would actually range from 32 to 38dB(A) and not 22 to 28dB(A) as claimed. Noting that an increase in noise of 3dB(A) is generally inaudible to most people the expected internal noise levels will not adversely impact on the surrounding residents.

·                      

·    The applicant anticipates the expected number of frost days and subsequent days the fans would be in operation as being between 10 to 15 days and the anticipated maximum number of days each year being 30 days.

 

The application has adequately demonstrated that the proposed development will not result in any significant adverse noise impacts. A consent condition has been recommended advising of further acoustic reporting requirements should Council receive justified noise complaints during operation. 

 

Bushfire

The site is identified as being bushfire prone. However, no form of residential development is proposed. An assessment of bushfire risk having regard to Planning for Bushfire Protection guidelines concludes that no bushfire measures are required for the proposed structures.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any 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. The proposal will enhance the agricultural use of the land.

 

Site design and internal design

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

 

Construction

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

 

Cumulative impacts

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

 

(c)     The suitability of the site for the development

 

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

 

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

 

One (1) written submission was received following public exhibition of the application. Copies of the written submission have been provided separately to members of the DAP.

 

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

 

Submission Issue/Summary

Planning Comment/Response

Noise impacts to the residence at 162 Colling Road.

Refer to detailed assessment comments under noise and vibration heading of this report. In summary the application has adequately demonstrated that the proposal will not result in any significant adverse noise impacts that would warrant refusal of this application. A consent condition has also been recommended advising of further acoustic reporting requirements should Council receive justified noise complaints during operation.

The application is supported by a noise report for a property in Hastings, New Zealand and not this site.

Following a request for additional information the applicant subsequently provided a site-specific noise assessment report. Upon receipt a copy of the site-specific noise assessment was provided to the objector. The site-specific noise assessment is provided as an attachment to this report.

Can further information be provided on how loud the fans will be and whether they will be audible during quite nights?

The site-specific noise assessment provides details of the fans noise output levels and anticipated noise levels at the dwelling of 162 Colling Road.

(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

 

A fixed development consent levy will apply under s7.12 of the Act. Consistent with Council’s S94A (now s7.12) plan the development is not for residential purposes and the cost of the development exceeds $100,000 in value. A consent condition has been recommended requiring payment of the levy prior to issue of the construction certificate. An estimate of the amount payable is provided as Attachment 3 to this report.

 

Development contributions will not be required under s64 for the following reasons:

 

·  There is no reticulated water or sewer supply network available.

 

 

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 - 740.1 Recommended Conditions

2.    DA2019 - 740.1 Plans & SOEE

3.    DA2019 - 740.1 Contributions Quote

4.    DA2019 - 740.1 Additional Information from Accoustic Consultant

5.    DA2019 - 740.1 Noise Impact Assessment Report.

 


  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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Development Assessment Panel

27/05/2020

 

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Development Assessment Panel

27/05/2020

 

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Development Assessment Panel

27/05/2020

 

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Development Assessment Panel

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AGENDA                                               Development Assessment Panel      27/05/2020

 

 

 

Item:          08

 

Subject:     DA2019 - 568.1 Demolition of Multi Dwelling Housing and Construction of Residential Flat Building Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 101 DP 1122606, No 3 Clarence Street, Port Macquarie

Report Author: Development Assessment Planner, Chris Gardiner

 

 

 

Applicant:               Wayne Ellis Architect

Owner:                    Swadling Developments Pty Ltd

Estimated Cost:     $4,373,700

Parcel no:               55244

Alignment with Delivery Program

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

 

 

RECOMMENDATION

That DA2019 - 568.1 for demolition of Multi Dwelling Housing and construction of a Residential Flat Building Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 101 DP 1122606 No. 3 Clarence Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

 

This report considers a development application for demolition of multi dwelling housing and construction of a residential flat building at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

The proposal includes a Clause 4.6 variation to the height of buildings development standard in Clause 4.3 of the Port Macquarie-Hastings Local Environmental Plan 2011. The maximum extent of the variation is 0.9m (6.2%) and the Development Assessment Panel has delegation to determine the application.

 

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

 

The proposal has been amended during the assessment including improvements to privacy screening on balconies and internal reconfiguration of some apartments to address the Apartment Design Guide

 

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 conditions in Attachment 1.

 

 

1.       BACKGROUND

 

Existing Sites Features and Surrounding Development

 

The site has an area of 751.25m2.

 

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:

 

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=24b43184-924a-4704-aa8d-1bd78a9c8676&contentType=image%2FjpegThe existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph:

 

 

 

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=0f4d2b28-9cb0-44ab-a31e-d2e03f145261&contentType=image%2Fjpeg

Previous Development Consent

 

Council has previously granted consent to DA2016 - 661.1 on the subject site. The approved development includes similar variations to the building height (15.81m building height with 1.31m or 9% height variation) and DCP provisions as are being sought in the current application. An image of the approved development is included below:

 

 

A condition has been recommended requiring DA2016 - 661.1 to be surrendered if the current proposal is granted consent and proceeds to a Construction Certificate.

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    Demolition of existing buildings on the site comprising 3 x 1 bedroom units and 1 x 3 bedroom unit.

·    Construction of a residential flat building containing 7 x 3 bedroom apartments and 1 x 2 bedroom apartment.

 

The Applicant is seeking for construction of the building to be carried out in 2 stages, as follows:

·     Stage 1 - Demolition of existing buildings, piling, bulk excavation, and construction of basement levels (including ground floor slab);

·     Stage 2 - Completion of building above ground floor slab.

 

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

 

Application Chronology

 

·    6 August 2019 - Application lodged.

·    19 August 2019 to 2 September 2019 - Neighbour notification.

·    26 August 2019 - Additional information requested.

·    26 August 2019 - Comments received from Heritage Council of NSW.

·    4 November 2019 - Further additional information requested.

·    10 November 2019 - Additional information submitted by Applicant.

·    4 December 2019 - Additional information submitted by Applicant.

·    5 February 2020 - Additional information submitted by Applicant.

·    28 February 2020 - 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. 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. 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.

 

Clause 6A - This clause applies in respect of the objectives, design criteria and design guidance set out in Parts 3 and 4 of the Apartment Design Guide for the following:

(a)  visual privacy,

(b)  solar and daylight access,

(c)  common circulation and spaces,

(d)  apartment size and layout,

(e)  ceiling heights,

(f)  private open space and balconies,

(g)  natural ventilation,

(h)  storage.

 

If a development control plan contains provisions that specify requirements, standards or controls in relation to a matter to which this clause applies, those provisions are of no effect.

 

This clause applies regardless of when the development control plan was made.

 

Clause 28(2)(b) - The proposal has adequately addressed the design principles contained in the Apartment Design Guide. The following table provides an assessment against the design quality principles:

 

Requirement

Architect’s Response

Comment

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 a 5 – 6 storey residential flat building including part basement car parking. The area is characterised by a mixture of low rise and for tourist and permanent residential accommodation. A number of larger flat buildings exist in the immediate area, with some including ground floor commercial activities. Encouraging higher density in proximity to the CBD 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 all apartments to benefit from significant water views to the north.

 

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 positively to the quality and identity of the area.

The Applicant’s comments are considered to adequately address the context and neighbourhood character.

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 scale is determined by the height and bulk parameters.

 

The proposal is compliant with the relevant height and floor space ratio requirements for the subject site and locality and sits comfortably as an infill development between 2 existing Residential Flat Buildings being ‘Headlands’ to the east (built in the 1970’s) and ‘Flightdeck’ to the west (completed in 2004).

 

The roof form is designed to visually cap the verticality and relate the building back to the sloping site that falls moderately to the north.

It is noted that the comment regarding the building having a compliant height is technically not correct. However, it is noted that the proposal for the majority of the building is compliant. The proposal includes a variation to the height controls, which is discussed under Clause 4.6 of the LEP.

 

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

 

The building incorporates a ground floor 3m front setback to Clarence Street, which is consistent with the desired character for the area. Satisfactory articulation and variation in building colours and materials are proposed.

 

The site is visible from public space on the Hastings River foreshore and would provide a satisfactory contribution to the existing vista from this location.

 

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

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

 

Having regard to existing densities in the locality, the adjoining ‘Flightdeck’ apartments at 5 Clarence Street have a FSR of 1.8:1, and the adjacent ‘Focus’ apartments at 2 Clarence Street have an FSR of 2.3:1. The proposed development is considered to be consistent with these densities.

 

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

The Applicant’s comments are considered to adequately address density.

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 – south orientation of the block has been utilised.

 

All units contain north facing balconies and opportunities for natural ventilation.

 

BASIX certificates have been provided demonstrating that the design satisfies acceptable energy and water efficiency measures.

 

Suitable waste management arrangements, including, recycling and reuse facilities have been integrated into the construction and occupation of the proposed development.

 

Ground floor landscaping and a deep soil zone are proposed.

The Applicant’s comments are considered to adequately address sustainability.

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.

This site provides for a 6-metre-wide deep soil zone (approx. 89.5m2) along the northern boundary that will support landscaping as well as the communal active recreation space.

 

Other opportunities for landscaping on the site are maximised by the use of planters and significant open space areas which will support various landscape elements and treatments. This approach assists in softening of the building together with acting as privacy screening.

 

The communal open space provides for equitable access and social interaction.

A concept landscaping plan has been submitted with the application, including landscaping of the rear deep soil zone, ground floor area, planter boxes, roof top garden, and green walls.

 

The communal open space provides for equitable access and social interaction.

 

Further comments on the extent of landscaping are provided later in this report in the Apartment Design Guide and Development Control Plan sections.

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 wellbeing.

 

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 design incorporates generous unit layouts which optimise the northern orientation. Adequate storage and outdoor space are proposed.

 

The layout of the units has taken advantage of the northern orientation with an emphasis on natural sunlight and ventilation via extensive north facing glazing and balconies.

 

The design and layout will provide a high level of resident amenity.

 

All units are accessible from the ground floor via lifts.

 

Building depth is satisfactory.

 

All units include a sufficient amount of private open space. Communal space is available at ground level at the rear of the site.

The Applicant’s comments are considered to adequately address amenity.

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.

This is achieved by maximising overlooking of communal space on the site whilst internal privacy is maintained. Lighting will be strategically located to avoid dark areas.

 

Access to the site is controlled to a common entry point from Clarence Street and electronic access control is proposed for the building.

 

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.

The Applicant’s comments are considered to adequately address safety.

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 site and design provide for the maximization of ocean and river views in an area of Port Macquarie that promotes a contemporary lifestyle that itself provides for a high level of social interaction.

 

The proposed development includes a mix of 2- and 3-bedroom apartments to suit a variety of budgets and housing needs.

 

The proposal adequately addresses social dimensions and housing affordability.

 

The proposal provides opportunity for social interaction in the communal open space area.

The Applicant’s comments are considered to adequately address housing diversity and social interaction.

 

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.

As indicated on the Colour Materials/ Finishes Sample Sheet prepared by Wayne Ellis Architects, (included in the development proposal plans), the proposed development will be finished in contemporary tone colours.

 

The variety of textures apparent on the elevations are designed with a horizontal emphasis to limit any perceived verticality of the built form.

 

The aesthetics of the building will respond appropriately to the surrounding environment and context of the existing and desired character of the locality.

The plans provide examples of the colours, textures and finishes.

 

It is considered that the aesthetics of the building will respond appropriately to the surrounding environment and context of the existing and desired future character of the locality.

Clause 28(2)(c) - The proposal has adequately addressed the Apartment Design Guide. 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).

Satisfactory site analysis submitted.

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).

The proposed building faces the street and incorporates direct access from the street.

The site has street frontage to the south and overshadowing to the south is minimised by the width of Clarence Street.

The narrow lot width makes the rear part of the building difficult to orient east-west, but the building design with two towers connected by terraces is consistent with the principle of maximising northern solar orientation.

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 downhill 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.

See comments under sections 3D and 4A regarding solar access to living rooms and open space.

The submitted shadow diagrams demonstrate that the proposal would retain solar access to private open space and living areas of adjoining properties in accordance with the provisions of 4A of the ADG.

Overshadowing to the south is contained within Clarence Street and would not affect adjacent properties.

The proposal would not affect solar collectors on adjoining/adjacent buildings.

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

No direct ground level access to individual units is proposed given the narrow lot width and the need to provide vehicular and pedestrian access.

Upper level (bedroom) windows and balconies on the southern elevation of the building overlook the public domain.

The main balcony/terrace areas and living area windows are oriented to the north (rear).

No fencing is proposed in the street frontage.

The design provides opportunities for seating in the entry passage.

The building has a single pedestrian access.

Opportunities for concealment are minimised.

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

Planting proposed forward of Unit 2 southern courtyard.

Mailboxes located in wall adjacent to entry ramp.

Underground car park vents are not located at the street frontage and would not be visually prominent.

Plant room and waste storage proposed to be located in basement car park.

Hydrant booster is located in the Clarence Street frontage in a screened enclosure.

The entry floor level would not require access ramps in the site frontage.

The building materials are durable.

The site slopes towards the rear (north) and part of the underground parking protrudes above ground level at the northern end. The building has been designed with a gym and BBQ area to reduce the impact at the interface of the basement parking.

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

Communal open space proposed at the rear of the site with an area of approximately 121m2 (16% of site area).

At least 50% of useable part of the communal open space could achieve 2 hours of solar access.

The communal open space has equitable access from the basement car park, and is proposed to include a BBQ area, gym, swimming pool and spa. The space has a minimum dimension of approximately 8m.

All apartments within the proposed development provide larger balconies and private open space areas than the minimum requirements.

The site also has good proximity to public open space and facilities, and the developer would be required to make a Section 94 development contribution towards public open space.

No, but acceptable

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

Communal open space includes a BBQ area, gym, swimming pool and spa.

The communal open space is well located at ground level on the northern side of the site.

Ventilation outlets from the basement car park can be screened with appropriate landscaping.

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.

Communal open space area visible from north-facing balconies of the rear ‘tower’. The area would be contained and only accessible from the basement car park.

The Statement of Environmental Effects indicates that appropriate lighting is proposed to be provided.

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

No public open space proposed.

n/a

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 has an area of 750.8m2 and requires deep soil zone 7% of site area and with minimum dimension of 3m. Proposal includes an area consistent with these requirements. There are no existing significant trees that need to be retained in the deep soil zone.

Yes

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 is technically in the 5-8 storey category, but in general only contains 4 storeys above the basement parking (with the exception of part of the building above the gym at the northern end).

The proposal includes variations to the minimum separation distances for balconies, habitable and non-habitable room windows due to the narrow lot width. Compliant separation distances would essentially sterilise the site.

As an alternative to separation distances, the Applicant has proposed to provide privacy screening in all locations with a reduced separation distance.

No unscreened habitable or non-habitable room windows are located within the relevant separation distances. It is noted that the Apartment Design Guide does not require any separation for blank walls.

It is considered that reasonable levels of external and internal visual privacy would be achieved in accordance with the objectives of these controls.

No, but 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 louvers 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

All private open space areas are separated from communal areas.

The rear communal open space is set well below the level of the balconies of the floors above.

Windows are offset from those of adjoining development as far as practical.

No bedroom windows are located adjacent to common circulation areas.

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.

Communal entry from the street frontage. The communal entry is identifiable from the street.

No individual unit entries from the street are proposed.

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

Building entry is visible from the public domain. The lift lobby in the basement car park is visible from communal areas in the basement. Lift lobbies on the upper floors are essentially private space for access to individual units.

Ramps and steps have been satisfactorily incorporated into the building design.

The Applicant has indicated that the building will have electronic access control.

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

The site is not a large site with pedestrian links through the property.

n/a

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

The car park entry is located well behind the building facade.

The vehicle entry is located at the lowest point of the site frontage.

The site does not have dual frontage and access from a secondary street is not possible.

The access location would not create unacceptable headlight glare for habitable rooms.

The driveway crossover is located a satisfactory distance from street intersections and is the minimum width possible to facilitate safe passing of vehicles at the site access.

Sight lines are available where the vehicular access crosses pedestrian areas. Pedestrian and vehicular accesses are separated.

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 subject site is within 400m of a B3 zone in a nominated regional centre and parking can be provided in accordance with the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant Council, whichever is less.

The Guide requires a minimum of 1 space for each unit, plus an additional 1 space per each 5 x 2 bedroom unit or part thereof, plus an additional 1 space per each 2 x 3 or more bedroom unit or part thereof.

An additional one space per each five units for visitor parking or part thereof is also required.

The development includes 1 x 2 bed units, and 7 x 3 bed unit.

A total of 15 spaces (13 resident spaces and 2 visitor spaces) would be required under the Guide.

Council’s DCP requires 1 space per 1 or 2 bedroom unit, plus 1.5 spaces per 3 or 4 bedroom unit, plus 1 visitor space per 4 units.

A total of 14 spaces (12 resident spaces and 2 visitor spaces) is required under Council’s DCP and is therefore the lesser of the two rates.

The development proposes 14 off street parking spaces including 2 nominated visitor spaces and therefore satisfies this requirement.

Yes

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

There is not considered to be a particular demand for motorbikes, scooters, or electric vehicles in the locality.

The basement carpark includes storage space for each resident that would be suitable for bicycles, as well as a common bicycle parking area in the basement car park.

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

Access to plant room/bin storage does not conflict with vehicles using the parking area.

Lift lobbies are visible from within the basement car park and do not provide any opportunities for concealment.

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 is proposed to be minimised to the extent possible. The site has a steep slope and a split level parking area that steps down with the slope.

The rear of the B3 car park protrudes up to approximately 3m above existing ground level. Lowering the level of the basement car park would cause the access ramp to exceed the maximum permitted grade and also potentially impact on significant archaeology. Appropriate building detailing and landscaping has been proposed to reduce the impact of these parts of the building.

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

No on grade parking 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

No on grade parking proposed.

n/a

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.

All apartments receive a minimum of 3 hours direct sunlight between 9am and 3pm at mid-winter.

All apartments receive a minimum of 1m² of direct sunlight, measured at 1m above floor level, for at least 15 minutes.

The design maximises the number of north facing apartments, with all apartments having at least one north facing living room and balcony.

No single aspect south-facing apartments are proposed.

All apartments have been designed with minimal building depth and multiple aspects.

The site has a north facing slope oriented towards the views and there is not considered to be any site constraints that should prevent the development from being able to achieve the minimum requirements for solar access.

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

The proposal includes some secondary lighting through courtyards and high level windows.

 

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 louvers 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)

Shading devices for northern windows/glass doors proposed in the form of balconies and wide eaves. Vertical screens are also proposed for east and west facing windows.

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 louvers

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

The orientation of the building and its openings would capture prevailing breezes, particularly cooling summer sea breezes from the north-east.

The depth of habitable rooms would support natural ventilation.

The minimum area of window openings complies.

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

All apartments are naturally cross ventilated.

The depth of apartments does not exceed 18m from glass line to glass line.

All proposed apartments have multiple aspects.

The proposal includes acceptable internal configuration to minimise the 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.

Ceiling heights for habitable and non-habitable rooms proposed to be 2.7m.

The ceiling height would accommodate the use of ceiling fans.

The site is not located in a mixed use zone.

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 proposed to be 2.7m throughout the apartments, including non-habitable rooms.

Yes

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

All proposed apartments have floor areas significantly larger than the minimum permitted. Apartment sizes have been considered including the additional internal area required for a second bathroom.

All habitable rooms have a minimum glass area of 10% of the floor area of the room.

A window is visible from any point in all habitable rooms in the development.

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

Habitable room depths of all rooms in the development comply with the design criteria.

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

All bathroom/laundry windows are openable.

Main living spaces are oriented north towards the water views and away from noise in Clarence Street.

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

Bed 3 in Unit 5 and Bed 2 in Unit 7 have a minimum dimension slightly less than 3m. However, these are the third bedroom in 3 bedroom apartments and the plans demonstrate that the room is capable of comfortably accommodating a single bed and appropriate amount of wardrobe space. The minor variation is considered acceptable. All other bedrooms satisfy the minimum dimensions.

Living room and combined living/dining room widths comply with the minimum requirements for all apartments.

Service areas are appropriately separated from living areas.

Wardrobe dimensions comply with the minimum requirements.

Unit 2 provides flexibility in conversion to dual master bedrooms.

Yes and No, but acceptable

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

Minimum balcony and private open space areas and dimensions satisfied for all apartments.

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.

Primary open spaces areas are located adjacent to living areas and face predominantly to the north and east.

Smaller balconies off bedrooms are proposed on the southern elevation of Unit 4, 6, & 8.

Balconies have been designed with the longer side facing outwards, although the eastern side of the balconies of Units 1, 3, 5, & 7 include vertical louvres for privacy reasons.

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

Full height glass balustrades are limited to the northern end of the balconies of Units 1, 3, 5, & 7 where significant water views are available. Other balconies generally include solid balustrades and/or vertical louvre privacy screens.

Individual air conditioning systems can be provided in screened location on service balconies. Central systems can be accommodated within the basement plant room.

Clothes drying area on service balcony off bathrooms will be screened.

Impacts on thermal comfort associated with the proposed roof terraces has been considered in the BASIX Certificate.

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.

No climbing hazards identified. Where landscaping is proposed, it is located on the outside of the balustrade.

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

Each apartment has access off a single access core.

The entry corridor at ground floor level is greater than 12m long to the rear lift. The corridor has been widened to accommodate furniture, and includes articulation and landscaping.

No apartment windows open directly onto a lift lobby.

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.

Lifts provide direct access to the entrance of the individual apartments.

There are no narrow spaces or tight corners in the circulation areas.

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

All apartments provide more than the minimum storage requirements, with at least 50% located within the apartment.

 

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 areas in basement carpark are clear of parking spaces. The plans do not specifically allocate the storage areas in the basement to individual apartments, but there is a sufficient number to allow for this to occur and the allocation could be confirmed in any future strata subdivision.

No storage areas are visible from the public domain.

 

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.

Acoustic privacy considered acceptable. Access cores and circulation spaces are not located above or below apartments.

Bedrooms in Units 3 to 8 inclusive are located adjoining a lift However, given the small number of apartments in the building and the fact that each lift lobby provides access to only a single apartment, it is not expected that there would be adverse acoustic impacts on these bedrooms.

No party walls are shared between apartments.

The northern balcony balustrade of Unit 1 is partially solid and would improve visual and acoustic privacy between the balcony and the communal space below.

No, but acceptable

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

Internal grouping of activities and use of doors considered satisfactory.

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

No significant noise or pollution sources adjacent to the site.

n/a

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 louvers or enclosed balconies (wintergardens)

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

No significant noise sources adjacent to the site.

n/a

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.

The proposal includes a mix of 2 and 3 bedroom apartments.

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.

Distribution of apartment types is considered acceptable. The larger 3 bedroom apartments have multiple aspects and generous private open space areas.

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.

The proposal does not include any apartments with direct street frontage due to the narrow lot frontage and requirements for pedestrian and vehicular access. The exit from the basement car park in front of Unit 2 has been designed to present to the street as an individual apartment access.

No, but acceptable

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

No ground level units proposed fronting Clarence Street.

n/a

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 consists of horizontal and vertical elements.

The form and building materials will give the building some individuality whilst it provides a building of similar function.

Horizontal louvres will contrast to development on adjoining land but in a more delicate understated way. The form of the north façade is less articulated, but still incorporates massing that defines the base middle and top of the building. The vertical louvres are primarily to provide control over privacy and determine view access.

Windows and openings are proposed to be generally full height to maximise ventilation and sun access.

The front building facade includes varied building materials and colours.

Shadows would be created on the building facade by balconies and building articulation.

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

Building entry is clearly defined and the apartment layout is able to be read by the 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 flat. The lift overruns project slightly above the main roof line, but their location would not make them prominent in the streetscape. Roof terraces and landscaping would also serve to conceal the lift overruns.

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

Satisfactory shading and weather protection would be provided to balconies and living room windows.

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

A landscape plan has been submitted with the application and includes green walls and landscaping on the roof top and terrace areas. The species selection is considered suitable for the context and the landscape plan includes appropriate consideration of future maintenance.

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

The proposal does not include retention of existing trees that require consideration of construction impacts.

Given that significant views exist across the top of the building; it is recommended that the landscaping in the proposed roof garden be maintained to a maximum height of 0.5m above the roof level. A condition has been recommended in this regard.

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

The structure will be required to be engineered to accommodate the proposed terrace and roof top landscaping.

Appropriate soil volumes for different planting types are capable of being provided.

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

The submitted landscape plan has appropriately considered species selection and irrigation.

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

Landscape plan includes green walls, green roof, and planter boxes.

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

The submitted proposal demonstrates equitable access to the parking areas and all apartments in the development. A condition is recommended requiring the Construction Certificate documentation to demonstrate that 20% of the apartments will incorporate the Liveable Housing Guideline's silver level universal design features.

Acceptable subject to condition

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

Council’s DCP requires barrier free access to at least 20% of apartments. The proposal complies with this requirement.

Council’s DCP does not include any provisions regarding a minimum proportion of adaptable housing.

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

Proposal includes larger apartments with various living space options.

Unit 2 includes dual master bedrooms with separate bathroom options.

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.

Proposal is for a new building.

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

Proposal is for a new building.

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

Adequate natural light is provided to habitable rooms. See comments under 4A.

All apartments have screened balconies and/or courtyards that are suitable 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)

Proposal meets BASIX requirements for thermal performance.

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

Satisfactory grouping of like uses and natural cross 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

The development includes a BASIX Certificate with adequate water efficiency commitments.

Apartments will be required to be individually metered.

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

Bin storage room located in the basement car park with adequate ventilation and circulation areas. The capacity of the bin storage room is sufficient based on a weekly private waste collection service.

The Applicant has consulted with a waste contractor and has been advised that a private waste collection service could be provided for the development.

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

Temporary waste storage for individual apartments capable of being accommodated. Waste recycling provided for in bin storage area in basement car park. Location of bin storage area near front lift would be conveniently accessible to residents.

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

Building design includes roof overhangs and apartments have been designed to provide balcony access for ongoing maintenance of windows and part of the external walls of the building.

The building materials noted in the schedule on the plans are considered to be durable and suitable for the conditions.

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.

Building design allows for cleaning of windows from balconies and within the building.

Services are located in central locations that can be accessed from within the building.

No mechanically operated blinds or sunshades are proposed.

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

Materials noted on the plans are robust and durable and are expected not to require significant maintenance to the exterior of the building in the future.

Yes

 

Clause 30(1) - Consent cannot be refused on the following grounds if the development satisfies the relevant design criteria:

(a)   if the car parking for the building will be equal to, or greater than, the recommended minimum amount of car parking specified in Part 3J of the Apartment Design Guide,

(b)   if the internal area for each apartment will be equal to, or greater than, the recommended minimum internal area for the relevant apartment type specified in Part 4D of the Apartment Design Guide,

(c)   if the ceiling heights for the building will be equal to, or greater than, the recommended minimum ceiling heights specified in Part 4C of the Apartment Design Guide.

 

Clause 30(2) - Development consent must not be granted if, in the opinion of the consent authority, the development or modification does not demonstrate that adequate regard has been given to:

(a)   the design quality principles, and

(b)   the objectives specified in the Apartment Design Guide for the relevant design criteria.

As noted in the above assessment table, it is considered that satisfactory regard has been given to the design quality principles and the objectives specified in the Apartment Design Guide.

 

In accordance with Clause 143A of the Environmental Planning and Assessment Regulation 2000, a certifying authority must not issue a Construction Certificate for the development unless the certifying authority has received the statement by the qualified designer verifying that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles.

 

In accordance with Clause 154A of the Environmental Planning and Assessment Regulation 2000, a certifying authority must not issue an occupation certificate to authorise a person to commence occupation or use of the development unless the certifying authority has received the statement by the qualified designer verifying that the development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles.

 

Conditions have been recommended requiring the design verification statements noted above.

 

State Environmental Planning Policy (Coastal Management) 2018

 

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

 

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

 

Having regard to clauses 13 and 14 of the SEPP 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 high density 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 R4 High Density Residential.

·        Clause 2.3(1) and the R4 zone landuse table - The proposed development for a residential flat building is a permissible landuse 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 landuse;

The development would provide high density residential apartments to meet the housing needs of the community;

The proposal has satisfactory regard to the desired character of the street and supports safe use at the pedestrian level.

-          

·        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 - 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”.

-                

-               In this instance, the maximum overall height of the building above ground level (existing) is 15.40m at its highest, which exceeds the height limit of 14.5m applying to the site by 0.9m (6.2%). The part of the building exceeding the height limit is represented in the below extracts from the plans:

-                

-              

-              

-                

-              

-                

-               The Applicant has requested an exception to the height of building development standard in accordance with Clause 4.6 of the LEP, which is discussed below.

-                

·        Clause 4.4 - The floor space ratio of the proposal is 1.34:1 which complies with the maximum 1.5:1 floor space ratio applying to the site.

-                

·        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 building height standard as identified under clause 4.3 of this report. 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.

-                

-               The Applicant has submitted a request in writing (Attachment 4) to justify the contravention of the building height standard for the following reasons (as summarised):

-                

·    Compliance with the development standard is unnecessary as the proposal has been demonstrated to be consistent with the objectives of the height of buildings standard.

·    Compliance with the development standard is unreasonable as the actions of Council have virtually abandoned the standard. Substantial height variations have been approved for nearby developments at No 2, 4, and 5 Clarence Street, and also the previous consent for the subject site.

·    The height variation would not adversely affect internal amenity within the development.

·    The height variation would not adversely affect privacy or amenity of adjoining properties.

·    The height variation would not result in increased overshadowing of adjoining properties compared with a compliant proposal.

·    The height variation does not result in any increase in the number of apartments able to be accommodated on the site.

·    The height variation would not result in any additional loss of views across the site compared with a compliant proposal.

·    Pedestrian access and amenity will not be adversely impacted by the proposed height variation.

·    The part of the building at the site frontage in Clarence Street is substantially lower than the height limit and the building would not appear higher in the streetscape. The height exceedance occurs generally at the rear of the front tower where the site slopes down, and this part of the building will not be highly visible in the streetscape.

·    The development is considered to be a good contextual fit for an infill development and is consistent with the streetscape and bulk and scale outcomes envisaged for the area.

-                

-               (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), and

-                

-               The Applicant’s written request is considered to have adequately addressed the matter required to be demonstrated in subclause (3) for the following reasons.

-                

-               In Wehbe ‘five methods’ have been developed to test whether a compliance with the standard is unreasonable or unnecessary. Having regard to the ‘five methods’, the following comments are provided:

-                

·     The objectives of the height standard are achieved notwithstanding the non-compliance with the numerical 14.5m height standard, as discussed in more detail below. Compliance with the development standard is therefore considered unnecessary.

·     It is not considered that the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting a consent to other proposals departing from the standard, as claimed by the Applicant. While it is acknowledged that consent has been granted for other buildings in the precinct that exceeded the height controls at the date of determination, the developments at No 2 & 5 Clarence Street pre-date the current height controls that have been adopted for the precinct. More recent consents relating to the subject site and No 4 Clarence Street, have been appropriately tested on merit in accordance with the provisions of Clause 4.6 and found to be acceptable. It is not considered that these decisions have abandoned or destroyed the integrity of the development standard. The decisions do, however, provide some context for how the development will fit into the locality.

-                

-               The first method is sufficient to establish that compliance with the development standard is unnecessary in the circumstances of the case.

-                

-               The environmental planning grounds submitted by the Applicant are considered reasonable and adequately justify contravening the development standard.

-                

-               On the basis of the above, it is considered that the Applicant’s clause 4.6 variation 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

-                

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.

 

The proposal is considered to be consistent with the zone objectives having regard to the following:

The development would provide high density residential apartments to meet the housing needs of the community; and

The proposal has regard to the desired character of the street and supports safe use at the pedestrian level.

-                

-               Consideration of the proposal’s consistency with the objectives of height of buildings standard in Clause 4.3 of the LEP is provided as follows:

-                

-               To ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

-                

-               The proposed building height varies from 13.2m at the site frontage to 15.40m at its highest point at the top of the balustrade for the Unit 8 roof terrace.

-                

-               The locality is characterised by a number of other residential flat buildings ranging in height from three to six storeys above ground level. To the west of Munster Street, a number of other residential flat buildings higher than six storeys also exist. The subject site currently contains single storey units.

-                

-               Directly adjoining the site, the Headlands building has a height 1.34m lower than the proposed development, and the Flightdeck building has a height 3.07m lower than the proposed development.

-                

-               The floor space ratio for the proposal is below the maximum of 1.5:1 permitted for the area.

-                

-               The proposed height, bulk and scale of the development are considered compatible with the character of the locality in this regard.

-                

-               To minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,

-                

-               The visual presentation and design of the building have been considered having regard to the Apartment Design Guide. It is also noted that the part of the building exceeding the 14.5 height limit is located behind the building frontage to Clarence Street and would not be visually dominant, particularly at street level.

-                

-               View impacts and solar access are considered in detail later in this report under ‘View Sharing’ and ‘Overshadowing’.

-                

-               Potential privacy impacts are considered under the relevant Apartment Design Guide and DCP provisions elsewhere in this report and have been satisfactorily addressed in the building design. It is noted that the part of the building above the height standard is roof, lift overruns, and the balustrade of the roof top terrace of Unit 8. Of these items only the roof top terrace has the potential to result in any privacy impacts. As the level of the terrace is above the roof of the two adjoining apartment buildings and the balustrade is set in from the edge of the building, it is considered that the privacy impacts are acceptable.

-                

-               To minimise the adverse impact of development on heritage conservation areas and heritage items,

-                

-               The site does not contain any known heritage items or sites of significance.

-                

-               To nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan.

-                

-               The adopted 14.5m height provides a transition to the lower 8.5m height standard for adjoining property to the north of the site. The height variation is at the southern (Clarence Street) end of the building, and the compliant northern end of the building would still provide for an appropriate transition in built form.

-                

-               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.

-                

-               (b)  the concurrence of the Secretary has been obtained.

-                

-               In accordance with Planning Circular PS 18-003, Council can assume the Director’s Concurrence for variations to the height of buildings development standard. As the variation is less than 10%, the application can be determined by a delegate of Council. The decision must be reported to Council for their information, a public register of variations maintained, and details of the proposal included in quarterly reporting to the Department of Planning, Industry and Environment.

-                

-               Having regard to the above requirements it is recommended that the height variation using Clause 4.6 be supported.

-                

·        Clause 5.10 – The site is listed in Schedule 5, Part 3 of the LEP as archaeological item A111 - Archaeology of early European settlement.

-                

-               The site is identified as part of a former lumber yard, prisoner’s barracks and asylum belonging to the penal settlement of Port Macquarie between 1821 and 1831.

-                

-               The Applicant has submitted a Historical and Archaeological Assessment prepared by Edward Higginbotham & Associates Pty Ltd dated March 2013. A further Report on Test-Excavation for Proposed Development prepared by Edward Higginbotham & Associates Pty Ltd dated 31 May 2016 has also been provided.

-                

-               The test excavations revealed the presence of a brick barrel drain and headwall in the Clarence Street frontage of the site. The barrel drain is believed by the author to have been constructed c.1830 using convict labour.

-                

-               The report includes the following recommendations aimed at conserving the significant archaeological material on the site:

-                

-        1. The brick barrel drain and headwall should be conserved in situ, within the proposed development.

-        2. The brick barrel drain and headwall should be placed on display in the proposed basement area of the car park and should be accessible for inspection by the general public at least on selected dates.

-        3. The proposed development should be allowed to proceed on the evidence that there are few significant remains of the Convict Barracks and Lumber Yard located on this site. (The test-trenches may not be representative of the archaeological remains on the rest of the site).

-        4. An excavation permit should be obtained for the purpose of an archaeological monitoring programme.

-        5. The bulk excavation of fill layers for the proposed development should be supervised by the archaeologist, so that any archaeological remains can be investigated, recorded, planned and photographed. Some manual archaeological excavation may be required, around the brick barrel drain and if any remains are located.

-                

-               In accordance with Clause 5.10(7) the proposal was referred to the Heritage Council of NSW for review. The Heritage Council provided comments on the proposal in a letter dated 26 August 2019. The retention of the brick barrel drain is supported by the Heritage Council and archaeological monitoring of the works is considered to be an appropriate precautionary approach to the management of potential additional archaeological relics on the site.

-                

-               The Heritage Council have recommended that the following conditions be included in any consent:

-         

-        1.     Prior to commencement of works an exception permit under Section 139(1C) will be obtained from the Heritage Council. This will include a work method statement detailing how the brick barrel drain and bulk fill removal for the site will be subject to on-site monitoring by a suitably qualified archaeologist.

-                

-               Reason: While there is minimal potential for archaeological relics as demonstrated by the archaeological test excavation, archaeological monitoring will ensure that unexpected archaeological relics are managed appropriately.

-                

-        2.     At the completion of bulk excavation works and during all other construction works on the site, appropriate barriers or coverings will be put in place around the brick barrel drain to ensure it is protected during development and interpretation works.

-                

-               Reason: Protection of the brick barrel drain during construction works will ensure it is able to be preserved and clearly interpreted.

-                

3.    Final design details for on-site interpretation, including information on any display and housing for the brick barrel drain, is to be submitted to Port Macquarie-Hastings Council for approval and is to be completed and implemented within the redevelopment prior to the release of the occupation certificate for the site.

-                

-               Reason: As the brick barrel drain is to be preserved and interpreted within the development, details should be provided to Council for approval.

-                

-        4.     Information must be provided to Port Macquarie-Hastings Council confirming that the requirements of any endorsed S139(4) of other permit from the Heritage Council of NSW have been satisfied prior to the release of the occupation certificate for the site.

-                

-               Reason: To ensure statutory compliance.

-                

-               Conditions are recommended to ensure that the development is carried out in accordance with the above requirements.

-                

·        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

 

Clause 6A of SEPP 65 applies in respect of the objectives, design criteria and design guidance set out in Parts 3 and 4 of the Apartment Design Guide for the following:

 

(a)  visual privacy,

(b)  solar and daylight access,

(c)  common circulation and spaces,

(d)  apartment size and layout,

(e)  ceiling heights,

(f)  private open space and balconies,

(g)  natural ventilation,

(h)  storage.

 

If a development control plan contains provisions that specify requirements, standards or controls in relation to a matter to which this clause applies, those provisions are of no effect.

 

This clause applies regardless of when the development control plan was made.

 

Accordingly, the below assessment table excludes consideration of any matters relating to the above items.

 

DCP 2013: Residential Flat Development, Tourist and Visitor Accommodation and Mixed Use Development

DCP Objective

Development Provisions

Proposed

Complies

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.

3m front setback.

 

The average setback of the two adjoining buildings is 13.3m.

 

However, site specific front setback controls have been adopted for this site is Chapter 4.3 of the DCP.

See 4.3.2.4 of DCP

3.3.2.5

Balconies and building extrusions can encroach up to 600mm into setback.

Marble tile extrusions on front façade project up to 300mm into front setback.

Yes

Buildings generally aligned to street boundary.

Yes

Yes

Primary openings aligned to street boundary or rear of site.

Yes

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.

Zero side setback for part of the basement car park, eastern wall of Unit 2, balconies of Unit 1, entry passage, and landscaped terraces.

 

1.5m setback to side boundaries for less than 75% of the length of the building (with the exception of the reduced setbacks noted above).

 

All windows on side walls are setback a minimum of 3m from side boundaries.

 

Adjoining the site to both the east and west are strata titled buildings.

No*

Side walls adjacent to existing strata-titled buildings should be articulated and modulated to respond to the existing buildings.

The building has been designed to ensure that openings are offset from those in the adjacent strata-titled buildings.

Yes

Min. 6m rear setback (including sub basements)

6.3m rear setback to wall of building. Upper floor balconies project to 5.2m from rear boundary.

No*

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.

Part of the basement car park and the eastern wall of Unit 1 is proposed to be constructed on the boundary. Site amalgamation is not possible in this instance due to existing strata title buildings on adjoining land and higher density development is envisaged by these controls.

Yes

3.3.2.8

Party wall development can occur only with the agreement and consent of the adjoining property owner. Exposed party walls should be finished in a quality comparable to front facade finishes.

Condition recommended requiring exposed party walls to be finished in a quality comparable to front facade finishes.

Yes

3.3.2.11

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).

Minimum 6m wide deep soil zone for the full width of the site and extends to join with the deep soil zone at the rear of 1 Clarence Street.

 

Additional 3m wide deep soil zone across site frontage.

Yes

3.3.2.12

Deep soil zones accommodate existing advanced trees, and allow for advanced tree planting.

No existing advanced trees. Deep soil zones would allow for advanced tree planting.

Yes

3.3.2.13

Deep soil zones integrated with stormwater management measures.

Details to be provided at Construction Certificate stage.

Yes

3.3.2.15

Internal clothes drying space provided (not mechanical).

Clothes drying area provided on terraces with appropriate screening.

Yes

Ceiling fans provided in preference to air conditioning.

Air conditioning identified on BASIX Certificate. Proposal satisfies BASIX energy efficiency requirements and is considered acceptable.

No, but acceptable

Solar hot water systems (or equivalent technology) provided.

Heat pump hot water systems identified on BASIX Certificate. Proposal satisfies BASIX energy efficiency requirements and is considered acceptable.

No, but acceptable

Photovoltaic arrays installed where practical.

Photovoltaic array (minimum 6.0kW) identified on BASIX Certificate.

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.

Greater than 35% soft landscaping proposed, but only 22% soft landscaping with minimum width of 3m.

 

Additional soft landscaping is proposed in the form of green walls, roof garden and planter boxes on terraces.

 

Overall landscaping provision considered acceptable in the context of a narrow site in a high density residential zone.

 

No, but acceptable

3.3.2.18

Landscape plan to demonstrate how trees and vegetation contribute to energy efficiency and prevent winter shading on neighbouring properties.

Proposed landscaping will not result in winter shading of neighbouring properties.

Yes

3.3.2.23

Solid fences should be:

·  Max. 1.2m high,

·  Setback 1m,

·  Suitably landscaped,

·  Provide 3m x 3m splay.

Solid front fencing not proposed.

n/a

Where front fences higher than 1.2m:

·  Max. 1.8m high,

·  Landscaped recesses for 50% of frontage, or length of fence not more than 6m or 50% of street frontage.

·  Min. 25% transparent,

·  3m x 3m splay for corner sites.

·  900mm x 900mm splay at vehicle driveways.

No front fence proposed.

Yes

3.3.2.24

Fencing materials consistent with or complimentary to existing fencing in the street.

N/A

N/A

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.

Bedrooms face Clarence Street and living areas are oriented to the rear of the site for better solar access and views. The majority of bedrooms on the southern elevation are located above ground level, where they would be less affected by traffic and pedestrian activity in Clarence Street and limited window openings are proposed for the southern facade.

 

Bedrooms have appropriate line of sight separation from the driveway and parking areas.

No, but acceptable.

Openings of adjacent dwellings separated by at least 6m.

Yes

Yes

3.3.2.27

Building designed so noise transmission between apartments is minimised.

Each floor contains only a single unit off each access core and the two towers are separated by central terraces. No adverse noise transmission between units expected.

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).

Not applicable. Each floor contains only a single unit off each access core and the two towers are separated by central terraces.

N/A

3.3.2.28

Development complies with AS/NZS2107:2000 Acoustic – Recommended design sound levels and reverberation times for building interiors for residential development.

Details of compliance will be required at Construction Certificate stage.

Yes

3.3.2.29

Impact of noise from key public places to be considered.

Site located in proximity to Town Beach reserve. This space is used for events on an infrequent basis and is unlikely to cause regular disruption to residents of the development.

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.

Yes

Yes

3.3.2.33

Developments located close to open space, recreation, entertainment and employment.

Yes

Yes

Where LEP permits FSR > 1:1, FSR not less than 1:1 should be achieved.

Proposed FSR greater than 1:1.

Yes

3.3.2.34

Variety of types - studio, 1, 2, 3 and 3+ bedroom apartments

The proposal includes a mix of 2 and 3 bedroom apartments.

Yes

Studio and 1 bedroom apartments not > 20% of total number of apartments.

None proposed.

Yes

Mix of 1 and 3 bedroom apartments at ground level.

Proposal does not include any apartments with ground level access.

N/A

3.3.2.36

Lift over-runs and plant integrated within roof structures.

Lift over-runs project slightly above the roof structure, but are integrated with the design of the roof terrace and landscaping.

Yes

Roof design to generate interesting skyline.

Roof design considered acceptable.

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.

Façade composition satisfactory.

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.

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.

Open air clothes drying facilities available to each apartment on screened terrace/balcony areas.

Yes

3.3.2.43

Mailboxes integrated into building design and sighted to ensure accessibility and security.

Mailboxes integrated into front of building.

Yes

3.3.2.44

Public and private space clearly defined.

Yes

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

Entrance visible from the street. Basement car park provides secure access to the lift lobby. Only one apartment accessed from each lift lobby.

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.

Balconies oriented to facilitate views over Clarence Street and communal open space.

Yes

Concealment avoided by:

·  preventing dark or blind alcoves,

·  providing lighting in all common areas,

·  providing graded car parking illumination (greater at entrances).

No concealment or entrapment locations identified. Adequate lighting is proposed to common areas.

Yes

Access to all parts of the building to be controlled.

Yes

Yes

3.3.2.46

Communal bulk waste required where:

·  > 6 dwellings, or

·  Number of bins wouldn’t fit in street frontage, or

Topography would make street collection difficult.

Waste storage room proposed in basement car park.

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.

Evidence provided that site can be serviced by waste collection service.

The Applicant has obtained advice from a waste contractor that collection from the development is achievable. Condition recommended requiring evidence of the waste collection arrangement.

Yes

3.3.2.47

Common trenching of utility services where possible.

Capable of complying.

Yes

Above ground utility infrastructure integrated with building design.

Hydrant booster cabinet at site frontage integrated with the design of the building.

Yes

Site and individual units numbered.

Capable of complying.

Yes

Common aerials and satellite dishes provided.

Condition recommended confirming this requirement.

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.

Yes

2.3.3.1

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

Less than 1m of cut and fill outside building walls.

Yes

2.3.3.2

1m max. height retaining walls along road frontages

No retaining walls in frontage greater than 1m high

Yes

2.3.3.8 onwards

Removal of hollow bearing trees

None proposed to be removed.

Yes

2.6.3.1

Tree removal (3m or higher with 100m diameter trunk and 3m outside dwelling footprint

None proposed to be removed.

Yes

2.4.3

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

Refer to main body of report.

 

2.5.3.2

New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical

Access from local road.

Yes

Driveway crossing/s minimal in number and width including maximising street parking

Single driveway of appropriate width for two vehicles to pass at the site frontage. One existing angled parking space in Clarence Street would be lost as a result of the driveway widening. Considered acceptable in the context of the site.

Yes

2.5.3.3

Off-street parking in accordance with Table 2.5.1:

·  1 space = single dwelling (behind building line) and dual occupancy

·  Medium density – 1 per 1 or 2 bed dwelling or 1.5 per 3-4 bed dwelling + 1 visitor/4 dwellings

Table 2.5.1 requires 1 space per 1 or 2 bedroom unit, plus 1.5 spaces per 3 or 4 bedroom unit, plus 1 visitor space per 4 units.

 

The proposal includes 1 x 2 bedroom apartment, and 7 x 3 bedroom apartments.

 

A total of 14 spaces (12 resident spaces and 2 visitor spaces) are required under Council’s DCP. The development proposes 14 off street including 2 visitor parking spaces, and therefore satisfies this requirement.

Yes

2.5.3.7

Visitor parking to be easily accessible

Visitor parking located near the access ramp and lift in the upper level of the basement car park.

Yes

Parking in accordance with AS 2890.1

See comments under Parking and Manoeuvring later in this report.

Yes

2.5.3.11

Section 94 contributions

Refer to main body of report.

 

2.5.3.14

Sealed driveway surfaces unless justified

Concrete.

Yes

 

DCP 2013: Chapter 4.3 - Port Macquarie East

DCP Objective

Development Provisions

Proposed

Complies

4.3.2.1

Development is generally in accordance with the precinct structure plans shown in the previous section.

Yes

Yes

4.3.2.2

The minimum lot width for residential apartment buildings is:

• 18 metres where -

• the proposed building height is not greater than 14.5 metres and minimum side setbacks are

satisfied, or

• the site has multiple street frontages, or

• requirements for on-site parking, setbacks, separation and deep soil can be achieved

or

• 22 metres.

Note: Where minimum lot width cannot be achieved, applicants are encouraged to consider amalgamation with an adjoining lot. Where amalgamation is not possible, the maximum height of building and floor space ratio denoted in the local environmental plan may not be achieved.

14.945m wide.

No*

4.3.2.3

Buildings do not exceed the maximum height of buildings shown in the local environmental plan maps.

Part of the building exceeds the maximum height specified on the LEP Height of Buildings Map. See comments earlier in this report under clauses 4.3 and 4.6 of the LEP.

No

4.3.2.4

Northern side of Clarence Street, east of Munster Street

• Setback to Clarence Street is 3 metres.

3m

Yes

4.3.2.5

Party wall development is to be used along the south side of Clarence Street where within the Town Beach Precinct.

Party wall development is not appropriate in other areas within the East Port Neighbourhood.

A party wall is proposed for part of the basement car park and ground floor of the building.

No*

 

The proposal seeks to vary Development Provision 3.3.2.6 in relation to the minimum rear setback of the upper floor balconies.

 

The relevant objectives are:

·    To allow flexibility in the siting of buildings while limiting the extent to which any building overshadows or overlooks adjacent properties;

·    To allow adequate natural light and ventilation between dwellings/buildings and to private open space areas;

·    To provide acoustic and visual privacy;

 

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

·    The proposal is a minor variation (0.4m) at the upper floor levels and complies with the minimum 6m rear setback at ground floor level.

·    Visual and acoustic privacy between buildings would be maintained as the rear balconies provide for views outwards to the water views to the north, rather than downwards into the open space area.

·    The proposal would retain solar access to the adjoining development in accordance with the design criteria in 4A-1 of the SEPP 65 Apartment Design Guide, despite the reduced setback.

·    The reduced rear setback would not adversely affect natural light or ventilation to adjoining private open space areas.

·    Adequate natural light and ventilation would be retained within the building as the rear boundary is oriented to the north.

 

The proposal seeks to vary Development Provision 3.3.2.6 and 4.3.2.5 in relation to the minimum side setback of the building at the ground floor and basement level.

 

The relevant objectives are:

·    To allow flexibility in the siting of buildings while limiting the extent to which any building overshadows or overlooks adjacent properties;

·    To allow adequate natural light and ventilation between dwellings/buildings and to private open space areas;

·    To provide acoustic and visual privacy;

 

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

·    Visual and acoustic privacy between buildings would be maintained through the building design. The proposal has no window openings directed towards the eastern boundary and balcony areas adjacent to the eastern boundary will be provided with privacy screening.

·    The proposal would retain solar access to the adjoining development in accordance with the design criteria in 4A-1 of the SEPP 65 Apartment Design Guide, despite the reduced setback.

·    The reduced side setback would not adversely affect natural light or ventilation to adjoining private open space areas.

·    Adequate natural light and ventilation would be retained between the buildings.

 

The proposal seeks to vary Development Provision 3.3.2.16 in relation to the minimum proportion of soft landscaping for the development.

 

The relevant objective is to encourage useable and attractive open space that enhances the appearance and amenity of the development when viewed from public open space areas, especially from street frontages.

 

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

·    The site characteristics make it logical to orient the majority of open space areas towards the northern aspect and significant views to the rear of the site. This part of the site is not highly visible from the street frontage and public open space areas. Increasing the proportion of soft landscaping at the rear of the site would do little to enhance the appearance of the development from the public domain.

·    Soft landscaping is not a prominent feature of existing development in the locality fronting Clarence Street. The proposed landscaping to the south of the building would be visible in the streetscape and increase the amount of soft landscaping that currently exists in the locality.

·    The proposal includes green walls, landscaped terraces, and a roof top garden, which would all contribute to the landscape setting.

·    The development would provide useable open space areas that satisfy the requirements of the Apartment Design Guide and DCP.

 

The proposal seeks to vary Development Provision 4.3.2.2 in relation to the minimum lot width for residential flat buildings in the Port Macquarie East Precinct.

 

The relevant objectives are:

·    To ensure that development is carried out on sites that are of adequate size and dimension;

·    To maximise the potential of land to achieve the desired floor space and to deliver greater housing capacity within the neighbourhood;

·    To enable design quality and adequate amenity within the site and between neighbours;

·    To ensure that on-site parking requirements can be adequately met;

·    To avoid isolated sites.

 

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

·    Adequate design quality and amenity within the site and between neighbours has been demonstrated to be achieved, as detailed in the SEPP 65 and DCP sections of this report, despite the narrow lot width.

·    The proposal delivers greater housing capacity within the neighbourhood at the density envisaged for the area.

·    On-site parking complies with the requirements of the Apartment Design Guide and DCP.

·    The site is isolated by the adjoining strata titled developments. There is limited opportunity for site amalgamation to achieve a greater lot width.

 

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 buildings 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 southerly street frontage orientation to Clarence Street.

 

Adjoining the site to the north is the Sundowner Tourist Park, containing single storey tourist accommodation.

 

Adjoining the site to the east is the Headland apartment building, being four storeys above ground level at the Clarence Street frontage and five storeys at the rear of the site. The top of the building is identified as having a height of 29.86m AHD.

 

Adjoining the site to the south are Clarence Street and School Street. On the southern side of Clarence Street adjacent to the site is the Focus apartment building, being six to seven storeys above ground level at the site frontage.

 

Adjoining the site to the west is the Flightdeck apartment building, being five storeys above ground level. The top of the building is identified as having a height of 28.13m AHD.

 

Other residential apartment buildings and holiday accommodation exist on Clarence Street between Munster Street and Grant Street, with building heights ranging from two storeys to four storeys.

 

View Sharing

The notion of view sharing is invoked when a property enjoys existing views and a proposed development would share that view by taking some of it away for its own enjoyment. Taking it all away cannot be called view sharing, although it may, in some circumstances, be quite reasonable.

 

A detailed view sharing assessment was carried out for a previous development proposal for a residential flat building on the site under DA2016 - 661.1. The assessment considered impacts from a number of nearby properties, which are included in the tables below. As part of the notification of the current proposal only the owners of 12/2 Clarence Street have raised concerns about loss of views. It is noted that the height and scale of the current proposal is similar to the development approved under DA2016 - 661.1.

 

Using the planning principles of NSW Land and Environment Court in Tenacity Consulting v Warringah 2004 NSW LEC 140, the following comments are provided in regard to the view impacts using the 4 step process to establish whether the view sharing is acceptable.

 

Step 1

Assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.   

 

Comments: The below table summarises the extent of existing views from the affected properties.

 

Property

Hastings River

Ocean & North Beach

Point Plomer and Queens Head

Breakwall

Hinterland

15/2 Clarence Street

Yes

Yes

Yes

Yes

Yes

18/2 Clarence Street

Yes

Yes

Yes

Yes

Yes

9/2 Clarence Street

Yes

Yes

Yes

Yes

Yes

12/2 Clarence Street

Yes

Yes

No

Yes

Yes

14/2 Clarence Street

Yes

Yes

Yes

Yes

Yes

13/2 Clarence Street

Yes

Yes

Yes

Yes

Yes

5/2 Clarence Street

Yes

Yes

Yes

Yes

No

11/2 Clarence Street

Yes

Yes

Yes

Yes

Yes

11/1 Clarence Street

Yes

No

No

No

Yes

 

The above views include the interface between land and water. The affected views are therefore considered to be of high value.

 

Step 2

Consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

Comments: The above views are generally obtained from living areas, kitchens and principal areas of private open space across a front property boundary. Views from 5/2 Clarence Street are only available from a balcony. All other views from 2 Clarence Street are obtained from both the sitting and standing position in living areas, kitchens and/or balconies.

 

Views from 11/1 Clarence Street are obtained from a kitchen window and the view is across a side boundary. The expectation for the view across the side boundary to be retained is unrealistic in this instance.

 

Step 3

Assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Comments: The below table summarises the extent of the impact in terms of the views that would wholly or partially be lost as a result of the development and those that would be retained.

 

Property

Hastings River

Ocean & North Beach

Point Plomer and Queens Head

Breakwall

Hinterland

15/2 Clarence Street

Partially Lost

Retained

Retained

Retained

Retained

18/2 Clarence Street

Retained

Retained

Retained

Retained

Retained

9/2 Clarence Street

Partially Lost

Lost

Lost

Lost

Retained

12/2 Clarence Street

Partially Lost

Partially Lost

n/a

Lost

Retained

14/2 Clarence Street

Partially Lost

Retained

Retained

Partially Lost

Retained

13/2 Clarence Street

Partially Lost

Retained

Retained

Partially Lost

Retained

5/2 Clarence Street

Lost

Partially Lost

Retained

Lost

n/a

11/2 Clarence Street

Partially Lost

Partially Lost (ocean only)

Retained

Lost

Retained

11/1 Clarence Street

Lost

n/a

n/a

n/a

Lost

 

The impacts on views from the more elevated apartments (top two floors) in the Focus building are considered negligible.

 

Apartments 11, 13 and 14 of the Focus building would experience moderate impacts including partial loss of views to the Hastings River, breakwall, and some ocean views in the case of apartment 11. In the context of the broader view available from these apartments, the reduction is not substantial.

 

Lower level apartments 5, 9 and 12 in the Focus building would experience severe to devastating impacts with loss of views to the ocean, Point Plomer, Queens Head, North Beach and the breakwall.

 

Apartment 12 would retain partial views of the ocean and North Beach, and the existing views to the Hastings River and hinterland to the north-west. Apartment 9 would also retain existing views of the Hastings River and hinterland to the north-west.

 

Apartment 11 in the Headlands building would also experience severe impacts with loss of views to the Hastings River and hinterland.

 

Step 4

Assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

Comments: The majority of the built form is located within the adopted building height and setback controls for the area.

 

However, the proposal includes variations to the LEP Height of Buildings standard and the DCP side and rear setback controls, as discussed earlier in this report.

 

In relation to the non-compliance with building height controls, part of the roof of the front tower, lift over-run, and balustrade of the Unit 8 roof terrace exceeds the LEP height limit by up to 0.9m. The part of the building exceeding the height controls would not be visible from a number of the lower level apartments in the Focus building. Where visible from the more elevated apartments, this part of the building does not have a significant additional impact on views compared to a compliant proposal.

 

 

The reduced eastern side setback would have negligible impact on view loss as no development exists on the opposite side of Clarence Street that could take advantage of a view corridor between the development and the existing Headlands building.

 

The other DCP variations discussed in this report would not contribute to any view loss.

 

Overall, the proposed development is considered to be reasonable having regard to the planning controls.

 

It is acknowledged that the development would have significant impacts on existing views. This is particularly the case for owners/residents in the Focus apartments at 2 Clarence Street where the loss of views would be severe or devastating in the worst affected apartments. However, considering the reasonableness of the development discussed under ‘Step 4’ above, it is considered that there are not sufficient grounds for refusal of the application on this basis.

 

Overshadowing

The SEPP 65 Apartment Design Guide (Section 3B-2) requires that living areas, private open space and communal open space of neighbouring properties should receive solar access in accordance with sections 3D Communal and public open space and 4A Solar and daylight access.

 

Section 3D of the Guide requires a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9am and 3pm on 21 June (midwinter). The submitted shadow analysis demonstrates that the proposed development would not reduce solar access to neighbouring communal open space below this specification.

 

Section 4A of the Guide requires that living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 3 hours direct sunlight between 9am and 3pm at midwinter.

 

The adjoining Headlands building contains 16 apartments, of which 4 apartments (5, 8, 11, and 15) currently receive less than 3 hours direct sunlight between 9am and 3pm at midwinter. The adjoining development therefore has 75% of apartments that received the minimum solar access requirements of Section 4A.

 

The proposed development would reduce direct sunlight to the kitchen windows of Apartment 5 and 8 in the Headlands building at midwinter. The proposal would start overshadowing Apartments 5 and 8 between 1pm and 2pm. While there would be a loss of solar access to these two apartments, 75% of apartments in the building would still receive a minimum of 3 hours direct sunlight between 9am and 3pm at midwinter. The proposal is therefore consistent with the provisions of the Apartment Design Guide.

 

The proposal would reduce direct sunlight to kitchen windows and balconies of the ground, first and second floor units on the eastern side of the adjoining Flightdeck building at 9am midwinter. The overshadowing is for a short period and none the units are affected by 10am.

 

Roads

The site has road frontage to Clarence Street, being a sealed public road under the care and control of Council. Clarence Street is a collector road with a 16m road formation width near the frontage of the site, within a 30m road reserve.  Near the locality of the subject site, Clarence Street has upright SA type kerb and gutter which accommodates angled parking towards the west, and parallel kerbside parking to the east. Footpath paving directly east and west of the site is full width footpath paving, the current frontage of the site only has 1.2m wide footpath paving.

 

Traffic and Transport

The site is currently approved for high density residential use, and the proposed development is considered consistent with this zoning. Assuming an approximate 7 vehicle movements per day per unit, this equates to an additional 28 vehicle movements per day 8. This additional traffic associated with this development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

 

Site Frontage and Access

Vehicle access to the site is proposed though one access driveway to Clarence Street.  All accesses 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 full width footpath paving along the full frontage of the site.

 

Parking and Manoeuvring

A total of 14 parking spaces have been provided on-site within the basement parking.  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. 

 

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

 

Water Supply Connection

Council records indicate that the development site has an existing 20mm metered water service from the 150mm PVC water main on the same side of Clarence 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.

 

Sewer Connection

Council records indicate that the development site is currently connected to sewer via a junction to the sewer line that runs outside the northern property boundary of the subject lot. The proposed development shall drain all sewage to a new or existing sewer manhole approved by the Water & Sewer Planning Manager. The hydraulic designer is to confer with Council sewer section prior to submitting sewer design plans.

 

Stormwater

The site naturally grades towards the rear and is currently traversed by an existing Council piped drainage system that is proposed to be removed and diverted around the site as part of the development.

 

No objections are raised towards this approach in general subject to the submission of detailed stormwater drainage plans for the pipe diversion as part of the future Construction Certificate/Section 68 applications. The stormwater pipeline diversion must be designed to ensure that the diversion does not increase the incidences of downstream flooding or surcharge and must be accompanied by suitable road and footpath restoration works to ensure the negative aesthetic impacts of trenching are mitigated.

 

The Statement of Environmental Effects and stormwater drainage plans submitted in support of the proposed development demonstrates conceptually how the stormwater management system designed to service the development will achieve compliance with AUSPEC specifications. In this regard:

·    On site stormwater detention is not proposed on the basis that the development results in a reduction in site stormwater runoff when compared to the existing site and land use.

·    Water quality controls will be provided to achieve the targets of Council’s AUSPEC D7 specifications.

 

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. Conditions have been recommended to reflect these requirements.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

See comments earlier under Clause 5.10 regarding European heritage.

 

No known items of Aboriginal cultural heritage significance exist on the property. The site is considered to be disturbed land, and it is unlikely that any relics would remain.

 

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

A common bin storage area has been identified in the basement car park. In relation to bin collection, the subject site has a narrow frontage to Clarence Street and there is angled street parking in the site frontage. It is not considered that bins for 8 units could be placed in the site frontage for kerb-side collection without causing impacts on amenity and traffic and pedestrian safety. A condition is recommended requiring satisfactory arrangements for a private waste collection service.

 

A standard precautionary site management condition is also recommended for the construction phase of the development.

 

Energy

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

 

Construction

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

 

The development includes significant excavation for basement car parking adjacent to existing multi storey buildings. Prescribed condition in accordance with clause 98E of the Environmental Planning and Assessment Regulation requires that the developer protect and support adjoining structures if excavation extends below the footings of the structure, building or work.

 

A condition is also recommended requiring dilapidation reports to be prepared for adjoining properties, to allow for monitoring and rectification works (if necessary) of any damage caused by construction activities.

 

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.

 

Natural Hazards

No natural hazards identified that would impact on the proposed development.

 

(c)     The suitability of the site for the development

 

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

 

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

 

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

 

One (1) written submission was received following public exhibition of the application. A copy of the written submission has been provided separately to members of the DAP.

 

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

 

Submission Issue/Summary

Planning Comment/Response

The proposal does not satisfy 4.3.2.2 of Development Control Plan 2013 in relation to minimum site frontage.

The proposal does not comply with the numerical development provision, but has been assessed against the objectives of the provision as discussed earlier in this report in the DCP section.

The building height exceeds the maximum height specified on the LEP maps. The accuracy of the levels shown on the plans should be checked.

The Applicant has submitted an objection to the building height development standard in accordance with Clause 4.6 of the LEP, which is discussed earlier in this report.

 

The height of the building represented in the plans has been checked using the levels on the site survey submitted with the application. The maximum building height has been assessed to be 15.4m (northern side of balustrade for the roof terrace of Unit 8), which is slightly higher than the 15m calculated by the Applicant. It is noted that the balustrade of the Unit 8 roof terrace is shown on the plans to be 700mm high. The balustrade will be required to be 1m high to comply with the BCA, and this additional height has been accounted for in the assessment.

The building will be out of character in the streetscape. Existing buildings on the northern side of Clarence Street step down in height from The Heritage apartments. The proposed building is higher than the adjoining Headlands and Flightdeck apartment buildings and will not fit in.

The proposed building is 1.34m higher than the Headlands building and 3.07m higher than the Flightdeck building. The proposed building is consistent with the height controls at the street frontage and is compatible with the desired future character of the area.

The proposed 3m setback and steep driveway would reduce pedestrian safety in an area of high usage near a school.

The proposed driveway will comply with appropriate engineering standards and is not considered likely to significantly impact pedestrian safety. The proposed development will only generate an additional 28 vehicle movements per day, of which half would be entering the site from Clarence Street rather than exiting from the basement parking.

The impact on views from 12/2 Clarence Street will be devastating.

The view sharing assessment earlier in this report has characterised the impact on this property as being severe to devastating, with partial loss of views to the Hastings River and North Beach.

The view corridor that the Applicant has suggested would be retained between the proposed development and the adjoining Flightdeck building would be of no use to the residents of 12/2 Clarence Street due to the location of the existing Norfolk Pine in Clarence Street.

This statement is correct for the majority of the balcony and internal living areas. However, a view corridor between the buildings would be retained from the western end of the deck where the view is not obstructed by the Norfolk Pine. These facts have been given due regard in the view sharing assessment.

Loss of privacy to 12/2 Clarence Street.

The buildings are separated by approximately 35m and the separation is considered sufficient to preserve privacy in a high density residential context. The front elevation of the building contains a bedroom window fitted with a privacy screen, two small balconies (off bedrooms) and high sill height windows for bathrooms and bedrooms. All living rooms are oriented to the north, away from the Focus apartments.

The proposed development is inconsistent with DCP provisions requiring the front setback to be within 20% of adjoining buildings.

Area based setback provisions apply to this site, which prevail over the general provisions in Chapter 3.3 of the DCP. Development provision 4.3.2.4 permits a 3m front setback for the northern side of Clarence Street, east of Munster Street.

The required FSR is 1.5:1 and the proposed FSR is 1.32:1 which is 20% over the allowable.

The proposed FSR is 1.34:1, which is 11% less than the maximum permitted FSR of 1.5:1.

There is potential for roof terrace plantings to adversely affect views from the Focus apartments.

A condition has been recommended requiring landscaping to be maintained to a maximum height of 0.5m to prevent adverse impacts on views.

Parking is insufficient for the proposed development, despite complying with the DCP requirements. It is impossible to allocate half parking spaces, and purchasers of 3 bedroom units will be expecting 2 parking spaces.

If the proposal complies with the DCP provisions, the consent authority cannot impose a more onerous requirement.

 

In practical terms the DCP requirement of 1.5 spaces per 3 bedroom apartment would result in half the 3 bedroom apartments having 2 parking spaces, and half having 1 parking space.

The proposal does not comply with the DCP side setback provisions.

The proposed variation to the side setback provisions has been discussed earlier in this report in the DCP section. While the proposal does not comply with the numerical standard, it is still considered to satisfy the objectives of the provision.

 

(e)     The Public Interest

 

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

 

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

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

 

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

-                

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

-                

 

5.       CONCLUSION AND STATEMENT OF REASON

 

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

 

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 - 568.1 Recommended Conditions

2.    DA2019 - 568.1 Plans

3.    DA2019 - 568.1 Contribution Estimate

4.    DA2019 - 568.1 Clause 4.6 Variation Report.

 


  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 





















  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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AGENDA                                               Development Assessment Panel      27/05/2020

 

 

 

Item:          09

 

Subject:     DA2016 - 88.5 - Section 4.55 Modification to Existing Subdivision Layout at Lot 2 DP 1263561 and Lot 99 DP 1246122, South Atlantic Drive, Lake Cathie

Report Author: Development Assessment Planner, Clint Tink

 

 

 

Applicant:               Land Dynamics Australia

Owner:                    RTS Super Pty Ltd & Stacks Super Pty Ltd & TJS Super Pty Ltd and Port Macquarie-Hastings Council (by virtue of Lot 99 DP 1246122 having been dedicated to Council as part of an earlier stage but yet containing existing drainage works that need to be extended)

Estimated Cost:     N/A

Parcel no:               69634 & 67955

Alignment with Delivery Program

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

 

 

RECOMMENDATION

That the Development Assessment Panel recommend to Council that the Section 4.55 modification to DA2016 - 88.5 being a modification to the layout of the previous approved staged subdivision at Lot 2, DP 1263561 and Lot 99, DP 1246122, South Atlantic Drive, Lake Cathie, be determined by granting consent, subject to the recommended modified conditions.

 

Executive Summary

 

This report considers a s4.55(1A) modification of consent to amend the layout of an existing approved staged subdivision at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Being a s4.55 modification, the amended proposal has been assessed against the relevant legislation in place at the time of the original assessment, unless specifically revoked by subsequent legislation.

 

Following exhibition of the application, two (2) submissions were received.

 

Overall, the site is considered suitable for the proposed modified 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 (Attachment 1).

 

The application is required to be determined by full Council in accordance with Council’s Development Application - Conflict of Interest Policy as part of the land (Lot 9 DP 1246122) is owned by Council and submissions have been received following exhibition of the application. It should be noted however that Lot 99 only relates to stormwater infrastructure necessary to serve the development.

 

 

1.       BACKGROUND

 

Existing Sites Features and Surrounding Development

 

The original overall site area to which DA2016 - 88.1 applied was 21.16ha. However, since being approved, several stages under DA2016 - 88.1 have been completed leaving a residual area of 12.81ha to which the modified changes relate.

 

The site is zoned R1 General Residential, E2 Environmental Conservation, E3 Environmental Management and E4 Environmental Living in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=e400d141-9963-47de-bf2e-a80cf772c9e7&contentType=image%2Fjpeg

The site is located on the corner of Ocean Drive, Houston Mitchell Drive and Forest Parkway, Lake Cathie. The land subject to the modification is vacant and contains sections of cleared and timbered land. The site gently slopes downwards to the north.

 

Adjoining the site to the north is an existing large lot residential subdivision with associated housing and section of E(2) Environment Conservation and E(3) Environmental Management zoned land in Council ownership. Further north is the Lake Innes Nature Reserve and land approved under DA2016 - 87 for 68 residential lots.

 

Adjoining the site to the east are the initial completed stages of DA2016 - 88 with associated housing. Further east is an approved manufactured housing estate that is partially complete with further sites to be created.

 

Adjoining the site to the west is timbered rural land.

 

Adjoining the site to the south is the Lake Cathie Primary School and the remaining Area 14 residential area.

 

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

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=3f3d96e5-9479-4e45-b4a9-bbfaf0406c8c&contentType=image%2Fjpeg

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the modification include the following:

 

·    The Northern Joint Regional Planning Panel (JRPP) approved the original 151 residential lot subdivision on 17 August 2016. The JRPP report and recommendation are attached to this report.

·    The modification retains the same footprint and perimeter road network. The main changes are occurring to the central layout of roads and lots within Stages 2C and 5, which has resulted in an increase in total lot numbers from 151 to 166 (ie 15 extra lots - 9.9% increase). In addition, the original central north south habitat corridor has been moved from within the road reserve (Road 8) to private land. This minimises the number of road crossings for fauna utilising the link.

·    Lots sizes will now range from 450m² to 2384.4m² within the R1 zoned land and 2000.4m² to 2518m² within the E4 zoned land.

·    Access to the development will still occur from Forest Parkway to the west and Solomon Drive and South Atlantic Drive to the east (as originally planned).

·    A voluntary planning agreement and amended vegetation management plan will continue to direct compensatory plantings throughout the subdivision.

·    The development was referred back to the NSW RFS for an amended Bushfire Safety Authority under section 100B of the Rural Fires Act 1997.

·    As the modification is being considered under s4.55(1A), the Council is the consent authority under Clause 123BA of the Environmental Planning and Assessment Regulation 2000, rather than the JRPP.

·    Two (2) submissions received.

 

Refer to Attachments 2 - 5 for plans of the proposed development, original approved subdivision and JRPP documentation.

 

Application Chronology for the Site

 

·    17/8/2016 - DA2016 - 88.1 originally determined by the Northern Joint Regional Planning Panel.

·    27/4/2017 - Modification DA2016 - 88.2 approved by Council to clarify conditions pertaining to kerb design.

·    20/11/2017 - Modification DA2016 - 88.3 approved by Council to amend the road reserve width being dedicated to Council along Ocean Drive and the associated road setback/buffer.

·    24/1/2018 - Modification DA2016 - 88.4 withdrawn.

·    4/10/2018 - Modification DA2016 - 88.5 lodged with Council. See chronology specific to this modification later in the report.

·    2/9/2019 - Modification DA2016 - 88.6 approved by Council to amend the Ocean Drive fence design.

·    24/10/2019 - DA2019 - 780.1 for a Manufactured Housing Estate (MHE) lodged over part of the site the subject of DA2016 - 88. DA2019 - 780.1 has not been determined and is subject to separate consideration. DA2019 - 780.1 has been included in the chronology for context only. The assessment and determination of DA2019 - 780.1 will need to have regard to DA2016 - 88 as it sits over the subdivision. If DA2019 - 780.1 were to be approved, the developer/owner would need to decide whether they will proceed with the remaining stages of DA2016 - 88 or opt to replace part of them with the MHE.

·    5/2/2020 - Modification DA2016 - 88.7 approved by Council to amend staging associated with part of the original site/staging not being considered under modification DA2016 - 88.5.

·    1/4/2020 - Modification to DA2016 - 88.9 lodged with Council to essentially amend the access/egress for Stage 6 (E4 zoned lots). In particular, the modification proposes access/egress for the Stage 6 area directly onto Forest Parkway. This modification has not been determined and is subject to separate consideration.

·    20/4/2020 - Modification DA2016 - 88.8 approved by Council to amend a condition pertaining to staging requirements.

 

Based on the above chronology for the site, there have been a number of minor modifications approved for the site. In more recent times, there are changes that have either been approved or are still being considered that are designed to allow the owner/developer options to develop the remainder of the site being developed under DA2016 - 88.

 

Application Chronology for DA2016 - 88.5

 

·     4/10/2018 - Modification DA2016 - 88.5 lodged with Council.

·     11/10/2018 - Modification referred to NSW Rural Fire Service (RFS) and Essential Energy.

·     11/10/2018 - Council staff requested additional information on the modification type, ecology & Vegetation Management Plan (VMP), stormwater design, proposed playground and proposed battle axe lots.

·     12/10/2018 to 25/10/2018 - Notification period.

·     13/10/2018 - Public submission received.

·     18/10/2018 - Response from Essential Energy received raising no objection to the amended design. Standard consent requirements suggested.

·     22/10/2018 - Public submission received.

·     30/10/2018 - Applicant responded to additional information request from 11/10/2018.

·     7/11/2018 - Council staff reviewed additional information and sought clarification on responses ecological impacts, stormwater design, playground and revised plans. Applicant acknowledged the request for additional information.

·     16/11/2018 - Council’s Group Manager Recreation & Buildings confirmed that the new proposed park (not part of the original DA2016 - 88) was not supported due to lack of casual surveillance, the non-central location of the park to the area and connectivity issues.

·     21/11/2018 - Applicant acknowledged response from Group Manager Recreation & Buildings and would consider options.

·     3/12/2018 - Applicant responded to additional information request from 7/11/2018. In particular, amended layout received removing the park, updated bushfire report, response to stormwater design and letter from Ecologist.

·     3/12/2018 - Revised information sent to NSW RFS.

·     12/12/2018 - NSW RFS initial acknowledgment letter received.

·     13/12/2018 - Council staff provided clarification to NSW RFS on information to consider.

·     13/12/2018 - Council staff requested clarification on a number of engineering matters such as stormwater design, road design, management of green space within the road reserve and sewer design. Acknowledged by the applicant on 14/12/2018.

·     13/12/2018 - Updated Bushfire Safety Authority received from the NSW RFS. Copy provided to the applicant on 14/12/2018.

·     3/7/2019 - Council staff sent follow up on outstanding information. On 4/7/2019 and 24/7/2019, the applicant provided updates.

·     26/7/2019 - Applicant provided amended plans responding to engineering issues from 13/12/2018.

·     30/8/2019 - Amended information sent to NSW RFS.

·     30/8/2019 - Update on review of additional information provided to the applicant.

·     6/9/2019 - NSW RFS acknowledged additional information.

·     1/10/2019 - Applicant submitted amended staging plan.

·     8/10/2019 - Council staff sent follow up email to NSW RFS on status of amended Bushfire Safety Authority. Preliminary response received 10/10/2019.

·     14/10/2019 - Applicant requested to clarify staging.

·     18/10/2019 - Update on the status of the modification provided to the applicant. Council staff also sought clarification on a number of engineering matters.

·     25/10/2019 - Discussion on engineering matters and amended plan with copy received on 29/10/2019.

·     28/10/2019 - Council staff requested update on stormwater details.

·     28/10/2019 - Council staff emailed the NSW RFS and advised that a further amended plan was to be received. NSW RFS advised to hold off finalising referral until Council staff had accepted the design.

·     31/10/2019 - As a result of works being proposed on Lot 99 DP 1246122, owner’s consent and sign off on Conflict of Interest Policy process sought by Council staff.

·     1/11/2019 - Amended stormwater detail provided and acknowledged by Council staff.

·     12/11/2019 - Discussion between Council staff and applicant on status of the modification. Copies of redacted submissions provided to the applicant.

·     18/11/2019 - Discussion between Council staff and the applicant on content of submissions.

·     18/11/2019 - Council staff advised that the proposed public reserve areas on the amended plan were not supported.

·     28/11/2019 to 2/12/2019 - Discussion with the applicant on removing the proposed public reserves with the north south habitat corridor to be located on private land (rather than within the road reserve as originally approved).

·     20/1/2020 - Incorrect plan sent to NSW RFS.

·     11/2/2020 - Council staff followed up discussions from 28/11/2019 to 2/12/2019 and need for amended plans/details. Applicant acknowledged request on 13/2/2020.

·     18/2/2020 to 25/2/2020 - Council staff discussed share way issues with applicant.

·     27/2/2020 - Amended plans received in response to issues raised between 28/11/2019 and 2/12/2019.

·     12/3/2020 - Amended plans agreed in principle by staff. Copy provided to NSW RFS to allow the Bushfire Safety Authority to be updated/finalised.

·     17/3/2020 - NSW RFS acknowledged amended plans.

·     6/4/2020 - Update on status of the modification provided to the applicant and discussion on process of the modification being reported to DAP and Council.

·     17/4/2020 - Council staff follow up with the NSW RFS on status of referral.

·     28/4/2020 - Updated Bushfire Safety Authority received from NSW RFS.

 

 

3.       STATUTORY ASSESSMENT

 

The application has been lodged as Section 4.55(1A) on the basis that it is substantially the same development to that which was originally lodged and consented and will have minimal environmental impact.

 

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

 

In looking at modifications, the Courts consistently see s4.55 as “beneficial and facultative” and that there are essentially two separate legal tests that apply to a s.4.55 application, before the consent authority can ultimately determine the application on merit.

 

The first is that the modification cannot result in a radical transformation (Sydney City Council v Ilenace Pty Ltd [1984]). The term “radical transformation” is very broad, leaving significant scope to change a development.

 

In this case, whilst there are changes proposed to the subdivision layout, they are not considered radical in terms of the overall approved layout. In particular, the key elements of the subdivision (ie the footprint, servicing, key road connections, habitat protection, environmental impact etc) remain relatively unchanged. Furthermore, the increase in the number of lots is less than 10% (Note: it is not uncommon for the Courts to approve modifications that numerically change components, such as the number of storeys, height, floor area etc, by more than 10%).

 

The second test deals with Council being satisfied that the modification is “substantially the same development” as authorised by the original development consent. The Council must compare the modified development/potential modified consent against the original approval (Note: it is the consent that is being modified, not just the plans, so the consent authority must have regard to the conditional changes as well). Once Council is satisfied that the modification is substantially the same, the remainder of the assessment is dealt with on merit.

 

It should be noted that some environmental impacts and merit issues can link back to the “substantially the same test”, if significant. In particular, for a modification to have a significant environmental impact, one might question whether it is a result of a significant change to the original approval.

 

In this case, the modification is considered “substantially the same” and there are no significant environmental or merit issues - refer to comments on s4.55(1A)(b) later in this report.

 

In summary, Council needs to consider the numerical differences, non-numerical aspects (eg in visual impact, traffic impacts or changed land uses) and any changes relating to a key/essential feature of the approved development. Having considered the above comments and the more detailed review below, it is considered that the modification can be considered and the changes are acceptable.

 

The specific provisions of Section 4.55 are considered in more detail below.

 

Section 4.55(1A)(a) Satisfied that the proposed modification is of minimal environmental impact?

While the proposed subdivision layout is being amended and creating fifteen (15) additional lots, minimal environmental impact is considered to be occurring as a result of the changes. In particular, the proposal is considered to be having minimal environmental impact for the following reasons:

 

·        The modified development occupies the same footprint as the subdivision originally granted consent.

·        The development will still present as a low to medium density residential subdivision from outside the site.

·        Location of key perimeter roads and through connections remain unchanged.

·        The impacts of the modified development, including the extent of vegetation clearing (ie no additional clearing proposed), earthworks, and revegetation remain similar to the original approved development.

·        The modified development will not create any adverse demand on public infrastructure or services when compared with the original approved development.

·        There will be no material change on amenity as a result of the changes.

·        The revised north south habitat corridor retains the original intent of the subdivision, whilst creating added benefits of reduced road crossings for fauna.

·        The numerical change represents less than 10% increased change to the original subdivision, whilst still maintaining compliance with minimum lot sizes provisions. It should be noted that a number of the lots (due to their size) are likely to be further developed as medium density housing once the subdivision proceeds. In this regard, the number of lots and density of development is still considered below the future potential for the overall site.

 

Section 4.55(1A)(b) Is the proposal substantially the same?

Section 4.55 has been described as “beneficial and facultative” in Houlton v Woollahra Municipal Council (1997) 95 LGERA 201 at [213] and North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 97 LGERA 433 at [440].  Accordingly, the provisions of s4.55 should not be artificially constrained by allowing a narrow construction.

 

In Vasic Pty Ltd v Penrith City Council [1992] NSWLEC 8, Stein J held that "substantially" meant "essentially all material or having the same essence."

 

In Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 at [56] Bignold J held that the task for determining whether a development as proposed to be modified is substantially the same as the consent granted was as follows:

 

"The comparative task does not merely involve a comparison of the physical features or components of the development as currently approved and modified where that comparative exercise is undertaken in some type of sterile vacuum. Rather, the comparison involves an appreciation, qualitative, as well as quantitative, of the developments being compared in their proper contexts (including the circumstances in which the development consent was granted)."

 

In the context of the current application, the proposal can be considered to be substantially the same as the development to which consent was originally granted for the following reasons:

·        The modified proposal remains as a subdivision for the purpose of residential uses and is consistent with the essence of the original development.

·        The reasons listed above under s4.55(1A)(a) for demonstrating minimal environmental impact are conducive to the development being substantially the same.

·        The payment of monetary contributions can still apply to the additional lots created from the modification.

 

Section 4.55(1A)(c) Does the application require notification/advertising in accordance with the regulations and/or any Development Control Plan?

 

Neighbour notification has been undertaken in accordance with the regulations and Council’s DCP (as in force at the time).

 

Section 4.55(1A)(d) Any submissions made concerning the modification

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

 

Key issues raised in the submissions received and comment are provided in the table below:

 

Submission Issue/Summary

Planning Comment/Response

A park has been proposed near No. 22 Forest Parkway. Concern about security as people can hide and loiter, noise and anti-social behaviour.

 

Consider relocating the park.

Park has since been removed from the modification and the area reverted back to residential lots as originally planned/approved.

General opposition to Stage 3 and the small properties backing onto existing property in Springhill Place and intrusive impacts.

The number of lots in Stage 3 (and the modification) backing onto the adjoining property to the north/north east in Springhill Place remains the same (ie 7 lots). No change or impact to that already approved.

Concern with walkway through the nature reserve or at least ensure it is close to the development boundary and not Springhill Place properties. Concerns with environmental Impacts on reserve.

Pathway has been relocated alongside the roadway and no longer goes through the reserve.

 

Section 4.55(3) Any matters referred to in section 4.15(1) relevant to the modification, and the reasons given by the consent authority for the grant of the consent sought to be modified.

 

Overall, the modification remains consistent with the original s4.15(1) assessment and a revised summary follows the Section 4.55(4) comment below. It should be noted that the revised s4.15(1) comments focus on compliance with relevant legislation and whether there has been any change or impact to comments provided on the original assessment.

 

A copy of the original s4.15(1) JRPP assessment is also attached to this report for context.

 

Section 4.55(4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

 

Noted.

 

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 (Koala Habitat Protection) 2019

Clause 15 - A modification application made, but not finally determined, before the commencement of this Policy in relation to land to which this Policy applies must be determined as if this Policy had not commenced. The application was made and not finally determined prior to the commencement of this policy, and the application is therefore required to be assessed under the relevant provisions of State Environmental Policy No 44 - Koala Habitat Protection. See assessment comments below.

State Environmental Planning Policy No. 44 - Koala Habitat Protection

The site is subject to an existing Koala Plan of Management (Area 14 KPOM). Having regard to the original approval and provisions of the KPOM, the modification is considered to remain sufficiently consistent with its requirements. This was reiterated by comments from an ecologist and peer review by Council’s Natural Resources Team. In summary, the modification will still comply with the following:

·    Use koala food trees throughout the site and be implemented via a Vegetation Management Plan (VMP).

·    Separation of key koala areas from busier residential development/roads.

·    Retention of koala food trees where possible.

·    Buffering of koala habitat areas.

·    Revegetation of buffers/habitat linkages that are devoid of vegetation.

·    Conditions being imposed to manage fauna/koalas during clearing process.

·    Covenants being placed on the title of properties regarding pool design being koala friendly.

·    Standard street lighting being conditioned.

·    Compensatory plantings in accordance with the KPOM.

·    A VPA being in place for the management of environmental land and vegetation management.

·    Core koala habitat areas being retained/untouched.

·    Creation of habitat linkages consistent with the KPOM. In particular, the north south habitat linkage will be moved from the road reserve to private properties. This change will ensure the linkage is retained but involves less dangerous road crossings for fauna.

State Environmental Planning Policy (Infrastructure) 2007

Clause 45, no objection was raised from the relevant electricity supplier regarding the modification.

No other change from original assessment.

State Environmental Planning Policy (State and Regional Development) 2011

No change from original assessment.

As the modification is being considered under s4.55(1A), the Council is the consent authority under Clause 123BA of the Environmental Planning and Assessment Regulation 2000. Modification is not required to be determined by the JRPP.

Port Macquarie-Hastings Local Environmental Plan 2011

Unless specified below, no change from original assessment.

·    Whilst the E2 and E3 zones will still be used primarily for vegetation planting/retention, it is noted that existing stormwater works (ancillary to the road/subdivision) do sit partially within the E3 zone. The modification proposes to continue the existing stormwater works (comprising a vegetated swale) partially within the E3 zone. No additional vegetation removal is anticipated and conditions have been applied to reinforce this aspect. The ancillary stormwater works are considered permissible and remain consistent with the approved original plan (Note: the original plan envisaged the road and ancillary drainage swale would be located in the subject area).

·    Clause 4.1, the proposed R1 zoned residential lots comply with the 450m² minimum lot size standard and the E4 lots comply with the 2000m² minimum lot size.

·    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 and telecommunications will be subject to obtaining satisfactory arrangements certification prior to the issue of a Subdivision Certificate as recommended by the original condition of consent.

 

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

 

None relevant.

 

(iii)    Any Development Control Plan in force

 

Port Macquarie-Hastings Development Control Plan 2013

 

Unless specified below, no change from original assessment.

 

DCP 2013: Chapter 3.6 - Subdivision

DCP Objective

Development Provisions

Proposed

Complies

3.6.3.2

Torrens title lots minimum width of 15m when measured at a distance of 5.5m from front property boundary.

Except for the addition of four (4) battle-axe lots, all lots within the modification remain compliant with the minimum of 15m width requirement.

Battle-axe lots are addressed later.

Yes

 

Minimum depth of 25m.

All lots generally comply with the minimum 25m depth requirement.

Yes

3.6.3.3

Battleaxe lots discouraged in greenfield development.

There were three (3) battleaxe lots identified with the original approval. Four (4) additional battleaxe lots have been provided, bringing the total to seven (7). This represents 4% of total lots. This is still considered a low and acceptable number. Furthermore, the location of the battleaxe lots will maximize the development potential of the land whilst creating no adverse impact on vegetation, servicing costs or impacts on amenity.

No, but still acceptable

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 modified layout does not create any crime safety issues. The design allows separation from potential habitat/concealment areas and allows surveillance of the street.

Yes

DCP 2013 - Rainbow Beach

DCP Objective

Development Provisions

Proposed

Complies

1.1

Development consistent with layout on Figures 62 to 64.

Modification remains consistent with the layout requirements. Some internal roads have been amended to run east west rather than north south. No impact foreseen with the changes with key perimeter roads to be retained.

Yes

5.1

Cycleways, shareways etc requirements

Provided in accordance with DCP.

Yes

5.2

Pedestrian link requirements.

Provided in accordance with DCP.

Yes

6-8

Noise, visual amenity, SEPP 26 buffer and urban design.

Remain unchanged and reinforced through existing conditions.

Yes

12.1

North south streets to be in accordance with Figure 71.

The Stage 2C, 4 and 5 internal roads have been amended to run east west rather than north south. No impact foreseen with the changes. Key perimeter roads to be retained.

Yes

12.2

20m wide habitat link as per Figure 71.

An equivalent habitat link has been provided to the west of Stage 2C and 5 in a location consistent with Figure 71.

Yes

13.1

Development considers existing rural residential areas, KPOM requirements and linkages.

Development complies with the Area 14 KPOM and will be installing/protecting key habitat links.

The development considers the existing rural residential area by providing lots that will have rear boundaries to the existing rural residential area. In most cases, future development will need to provide a 4m rear setback (unless otherwise justified), which will help maintain a suitable level of separation.

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

 

The proposed modification remains compliant with relevant planning agreements subject to conditions.

 

iv)     Any matters prescribed by the Regulations

 

No change from original assessment.

 

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

 

Roads, Traffic, Transport, Site Frontage & Access

The road layout and hierarchy remains consistent with the Development Control Plan provisions, which connects in with the adjoining properties/roads. Footpaths and street plantings will also be provided throughout the subdivision to improve pedestrian connections and amenity.

 

Overall, the road layout, traffic impacts, frontages and access associated with the modification were all reviewed by Council’s Engineering Section and deemed to create no adverse impact, subject to conditions.

 

Water Supply Connection

Council records indicate that the modification is still able to be connected to water with details to be shown on the engineering plans at the Subdivision Construction Certificate stage.

 

Sewer Connection

Council records indicate that the modification is still able to be connected to sewer with details to be shown on the engineering plans at the Subdivision Construction Certificate stage.

 

Stormwater

Council’s Stormwater Engineer has assessed the modification/proposed stormwater design and deemed it acceptable, subject to conditions and detailed design being submitted at the Subdivision Construction Certificate stage. The system will utilise a combination of street drainage, detention and swales to direct the water to the public reserve in a controlled state.

 

Other Utilities

Telecommunication and electricity services are available to the site and/or can be extended at the applicant’s expense.

 

Flora and fauna

The applicant had a suitably qualified ecologist review the modified design. The ecologist provided the following comment:

 

As per request, we have reviewed the amended plan, the UIA 14 Koala Plan of Management (Biolink 2012) and the Vegetation Management Plan (King & Campbell 2016), and provide comment in regard to the amendment’s consistency with these documents.

 

The KPoM only identifies Potential Koala Habitat on the land, and the key planning provision relating to the plan is establishment of Habitat Linkage C in Figure 5 of the KPoM. Part B (iii) states:

 

This minor linkage runs from Houston Mitchell Drive to the Lake Innes Nature Reserve. Integration with existing vegetation patches will be required, presumably via creation of larger lot sizes. Linkage then continues in a north-south direction, again presumably in the form of a suitably aligned streetscape, similar to that proposed above, to link up with the drainage line running east west to the Lake Innes Nature Reserve. This latter area also needs to be buffered by an APZ which could contain a perimeter road, scattered vegetation, pedestrian access and/or cycleway, along with low maintenance, shallow, water management devices.

 

The larger lot size provision is met in another stage as shown in the plan.

The section of this linkage encapsulated within the subdivision stage as a “suitably aligned streetscape” as per the KPoM, has been designated as a planted corridor of Koala food trees on the western side of the new road. In the VMP, it was originally proposed as a median strip (King and Campbell 2016), but is now proposed to be consolidated on one side of the road.

 

The proposed consolidation of the linkage on one side of the road and directly linking to the adjoining larger lots (latter intended to retained Koala food trees in situ) is clearly a better design than that proposed in the VMP as it reduces Koala exposure to road crossings to reach habitat (it provides a much superior link to retained trees on Lots 135-151); and reduces the risk of trees impacting road stability with root zones.

 

The management provisions of the VMP for Management Unit 1 (which is Habitat Linkage C) are also readily adaptable to the new concept, and hence amendment to the VMP is unlikely to be needed.

 

It is thus considered compliant with intent and outcomes of the KPoM and the VMP.

 

The modification has been reviewed and accepted by Council’s Natural Resources Section, subject to conditions on maintenance of the linkage and an amended VMP.

In addition to the above, it is considered that the provisions of the more recently adopted Biodiversity Conservation Act 2016 (commenced after DA2016 - 88.1 was approved) are not triggered in this case. In particular, no additional vegetation removal is proposed or new impact on existing/proposed habitat. Overall, the modification relates to the same footprint as the original approval and associated work/impact could occur regardless of the modification.

 

Noise and vibration

The original application was referred to Council’s Environmental Health Officer to consider impacts of road noise from Ocean Drive (classified road). In particular, potential existed for noise from road traffic to adversely affect future dwelling occupants. 

 

To negate noise impacts a 1.8m high fence on top of a 400mm mound was approved along the Ocean Drive frontage, consistent with other estates being developed to the east. Vegetation screening was also be included to soften the appearance of the fence from Ocean Drive.

 

Even with the above, some lots were still identified as being affected by road noise. To address this aspect, an 88B instrument was conditioned, requiring future dwellings on the affected lots to have Category 2 construction with additional internal BCA compliant ventilation.

Given the modification impacts on the number of lots and lot numbers, the condition has been amended to capture the relevant lots.

 

Bushfire

The site is identified as being bushfire prone.

 

In accordance with Section 100B - Rural Fires Act 1997 - the original application proposed subdivision of bush fire prone land that could lawfully be used for residential purposes.

 

The applicant has submitted an amended bushfire report prepared by a Certified Consultant. The report assumes that the amended subdivision can occur under Section 100B requirements.

 

The Commissioner has assessed the modification and has issued a revised Bushfire Safety Authority, which will form part of the modified conditions of consent.

Furthermore, the applicant has demonstrated that the development can comply with the requirements of the Bushfire Safety Authority as well as implementing the requirements of the VMP, without creating any long term maintenance of vegetation burden on Council.

 

Social impacts in the locality

Given the strategic planning and development controls that have been put in place governing the development of the Area 14 precinct and the compliance of the subdivision with such controls; the modification 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 maintained employment and expenditure in the area.

 

(c)     The suitability of the site for the development

 

The modified remaining stages and the overall subdivision 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.

 

Development Applications - Conflict of Interest Policy

 

The Policy applies to development applications relating to Council land or where Council is the applicant.

 

In this case, the Policy is triggered by virtue of part of the land (Lot 99 DP 1246122), being in the ownership of Council at the time the modification was lodged. As part of the modification, the applicant wishes to continue the stormwater works (already commenced on Lot 99 DP 1246122 as part of previous stages) to cater for the modification.

 

It should be noted that Lot 99 DP 1246122 previously formed part of the original parcel of land to which DA2016 - 88.1 was approved and was subsequently dedicated to Council as part of an early stage. Technically, if the applicant had completed all the necessary stormwater works as part of the previous stage(s) and then dedicated the land (Lot 99 DP 1246122), the Conflict of Interest Policy would not have been triggered.

 

Being a development application on Council land and with submissions having been received, the application was referred to the Director of Development & Environment and General Manager under the policy to determine whether the application should be assessed by Council staff or whether an external consultant should be utilised.

 

As the submissions were not alleging any conflict of interest, there was no Environmental Impact Statement required and with Council only have a minor interest as the authority for managing future public stormwater assets, it was determined that Council staff continue with the assessment.

 

The application is also proposed to be reported to Council, via the Development Assessment Panel.

 

Based on the above, it is considered that the application has been processed in accordance with the Policy.

 

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.

1.             

·    A copy of the modified contributions estimate is included as an Attachment 6.

2.             

5.       CONCLUSION AND STATEMENT OF REASON

 

The application has been assessed in accordance with Section 4.55 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 modified 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 Attachment 1.

 

 

 

Attachments

 

1.    DA2016 - 88.5 Draft  Modified Consent

2.    DA2016 - 88.1 JRPP Assessment Report

3.    DA2016 - 88.1 JRPP Determination

4.    DA2016 - 88.1 Original approved Layout

5.    DA2016 - 88.5 Revised Plans

6.    DA2016 - 88.5 Contribution Quote

 


  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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  ATTACHMENT

Development Assessment Panel

27/05/2020

 


  ATTACHMENT

Development Assessment Panel

27/05/2020

 






  ATTACHMENT

Development Assessment Panel

27/05/2020

 

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