Agenda of Development Assessment Panel - Wednesday, 24 June 2020

AGENDA Development Assessment Panel 24/06/2020

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.

(Refer to next page and the Code of Conduct)

Pecuniary Interest

4.1 A pecuniary interest is an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

4.2 You will not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision you might make in relation to the matter, or if the interest is of a kind specified in clause 4.6.

4.3 For the purposes of this Part, you will have a pecuniary interest in a matter if the pecuniary interest is:

(a) your interest, or

(b) the interest of your spouse or de facto partner, your relative, or your partner or employer, or

4.4 For the purposes of clause 4.3:

(a) Your “relative” is any of the following:

i) your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

ii) your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

iii) the spouse or de facto partner of a person referred to in paragraphs (i) and (i)

(b) “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.

4.5 You will not have a pecuniary interest in relation to a person referred to in subclauses 4.3(b) or (c)

(a) if you are unaware of the relevant pecuniary interest of your spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a council or a statutory body, or is employed by the Crown, or

(c) just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

Non-Pecuniary

5.1 Non-pecuniary interests are private or personal interests a council official has that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

5.2 A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your official functions in relation to a matter.

5.3 The personal or political views of a council official do not constitute a private interest for the purposes of clause 5.2.

5.4 Non-pecuniary conflicts of interest must be identified and appropriately managed to uphold community confidence in the probity of council decision-making. The onus is on you to identify any non-pecuniary conflict of interest you may have in matters that you deal with, to disclose the interest fully and in writing, and to take appropriate action to manage the conflict in accordance with this code.

5.5 When considering whether or not you have a non-pecuniary conflict of interest in a matter you are dealing with, it is always important to think about how others would view your situation.

Managing non-pecuniary conflicts of interest

5.6 Where you have a non-pecuniary conflict of interest in a matter for the purposes of clause 5.2, you must disclose the relevant private interest you have in relation to the matter fully and in writing as soon as practicable after becoming aware of the non-pecuniary conflict of interest and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter. In the case of members of council staff other than the general manager, such a disclosure is to be made to the staff member’s manager. In the case of the general manager, such a disclosure is to be made to the mayor.

5.7 If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes on each occasion on which the non-pecuniary conflict of interest arises. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

5.8 How you manage a non-pecuniary conflict of interest will depend on whether or not it is significant.

5.9 As a general rule, a non-pecuniary conflict of interest will be significant where it does not involve a pecuniary interest for the purposes of clause 4.1, but it involves:

a) a relationship between a council official and another person who is affected by a decision or a matter under consideration that is particularly close, such as a current or former spouse or de facto partner, a relative for the purposes of clause 4.4 or another person from the council official’s extended family that the council official has a close personal relationship with, or another person living in the same household

b) other relationships with persons who are affected by a decision or a matter under consideration that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

c) an affiliation between the council official and an organisation (such as a sporting body, club, religious, cultural or charitable organisation, corporation or association) that is affected by a decision or a matter under consideration that is particularly strong. The strength of a council official’s affiliation with an organisation is to be determined by the extent to which they actively participate in the management, administration or other activities of the organisation.

d) membership, as the council’s representative, of the board or management committee of an organisation that is affected by a decision or a matter under consideration, in circumstances where the interests of the council and the organisation are potentially in conflict in relation to the particular matter

e) a financial interest (other than an interest of a type referred to in clause 4.6) that is not a pecuniary interest for the purposes of clause 4.1

f) the conferral or loss of a personal benefit other than one conferred or lost as a member of the community or a broader class of people affected by a decision.

5.10 Significant non-pecuniary conflicts of interest must be managed in one of two ways:

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

5.12 If you are a member of staff of council other than the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of your manager. In the case of the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of the mayor.

5.13 Despite clause 5.10(b), a councillor who has a significant non-pecuniary conflict of interest in a matter, may participate in a decision to delegate consideration of the matter in question to another body or person.

5.14 Council committee members are not required to declare and manage a non-pecuniary conflict of interest in accordance with the requirements of this Part where it arises from an interest they have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if they have been appointed to represent the organisation or group on the council committee.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

This form must be completed using block letters or typed.

If there is insufficient space for all the information you are required to disclose,

you must attach an appendix which is to be properly identified and signed by you.

[insert full name of councillor]

In the matter of

[insert name of environmental planning instrument]

Which is to be considered at a meeting of the

[insert name of meeting]

Held on

[insert date of meeting]

PECUNIARY INTEREST

Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

Relationship of identified land to councillor

[Tick or cross one box.]

 The councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

 An associated person of the councillor has an interest in the land.

 An associated company or body of the councillor has interest in the land.

MATTER GIVING RISE TO PECUNIARY INTEREST[1]

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land2

[Tick or cross one box]

 The identified land.

 Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

Effect of proposed change of zone/planning control on councillor or associated person

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest]

Councillor’s Signature: ………………………………. Date: ………………..

This form is to be retained by the council’s general manager and included in full in the minutes of the meeting

Last Updated: 3 June 2019

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) has in that person’s principal place of residence.

Clause 4.3 of the Model Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

“Relative” is defined by clause 4.4 of the Model Code of Conduct as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting at which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

[1] Clause 4.1 of the Model Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Model Code of Conduct.

2 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Model Code of Conduct has a proprietary interest

AGENDA Development Assessment Panel 24/06/2020

Item: 05

Subject: DA2020 - 369.1 - Dwelling, Secondary Dwelling, Shed and Swimming Pool at Lot 30 DP 1239206, No. 24 Oxbow Circuit King Creek

Report Author: Development Assessment Planner, Robert Slater

Applicant: J Shelly

Owner: K Burgess

Estimated Cost: $570,000

Parcel no: 67378

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2020 - 369.1 for a Staged Dwelling, Secondary Dwelling, Shed and Swimming Pool at Lot 30, DP 1239206, No. 24 Oxbow Circuit, King Creek, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a staged dwelling, secondary dwelling, shed and swimming pool at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, three (3) submissions were received.

The proposal has been amended during the assessment of the application following neighbour notification with the primary changes relating to re-siting the secondary dwelling and garage/shed including increasing the western side setback to 3m.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 10,000m² or 1 Hectare.

The site is zoned R5 Large Lot 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:

· Dwelling & Swimming pool

· Shed and Secondary dwelling

· land reforming works

· Stage 1: Shed and Secondary Dwelling

· Stage 2: Primary Dwelling and Swimming Pool

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

Application Chronology

· 11 May 2020 - Application lodged

· 18 May 2020 - Development notified

· 25 May 2020 - Additional Information request

· 2 June 2020 - Amended Plans received

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

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

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy (Koala Habitat Protection) 2019

Clause 5 - This SEPP applies to the Port Macquarie-Hastings Local Government Area.

Clause 9 - The site is identified on the Koala Development Application Map but not under a Koala Plan of Management however and the site is greater than 1 hectare. The application has demonstrated that no habitat will be removed or modified therefore no further investigations are required in line with the Guidelines for this SEPP.

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy (Coastal Management) 2018

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

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

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

State Environmental Planning Policy (Affordable Rental Housing) 2009

Clause 20 - The site is in a prescribed zone and secondary dwellings are permissible with consent pursuant to the SEPP.

Clause 22(2) - The development would not result in there being a dwelling other than the primary dwelling and the secondary dwelling.

Clause 22(3) - The proposed secondary dwelling would not have a floor area exceeding 60m² and the combined floor area of the primary and secondary dwelling would not exceed the maximum permitted under the Port Macquarie-Hastings Local Environmental Plan 2011 (see comments below under LEP).

Clause 22(4) - It is noted that consent cannot be refused on the grounds of site area or parking.

Clause 24 - It is noted that the consent authority must not consent to a development application that would result in any subdivision of a lot on which development for the purposes of a secondary dwelling has been carried out.

The requirements of this SEPP are therefore satisfied.

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013:

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: · 4.8m max. height · Single storey · 60m² max. area · 100m² for lots >900m² · 24 degree max. roof pitch · Not located in front setback	Water tank is appropriately located The shed/workshop is compliant with the DCP”s numerical standards.	Yes
3.2.2.2	Front setbacks: · Min. 10.0m Large Lot Residential (R5)	Front building line setback to the primary dwelling is specified at 14.110m from the front boundary which is compliant with the 10.0m minimum front setback requirement for large lot residential development. Front building line setback is to the secondary dwelling component is specified at 52.57m from the front boundary and is therefore compliant with the 10.0m minimum front setback requirements	Yes
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	Garage door setback as specified is approximately 18.0m. The garage door setback satisfies the planning controls and the housing estate restrictions to user. Garage door recessed.	Yes
	6m max. width of garage door/s and 50% max. width of building	Width of garage door under the main roof of the primary dwelling is not specified, however the proposed width of the garage door appears to be standard for double garages and therefore satisfies the maximum width requirements	Yes
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width. Site frontage 53.17m	It is proposed to have two driveway crossovers to facilitate access to the primary dwelling and the workshop & secondary dwelling. The width of the crossovers are not specified, and are unable to be scaled off the plan. However, despite the lack of detail in relation to the driveway crossover widths, the proposed development satisfactorily addresses the intent of the objective and development provisions and is in keeping similar dual crossovers situated within the precinct.	Yes
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	The development site is burdened by a no build area marked “B” & “C” on the deposited plan (DP) situated approx. 76.5m from the rear boundary. There are no specified encroachments into the areas marked “B” & “C” on the DP therefore the minimum rear setback requirement are satisfied.	Yes
3.2.2.5	Side setbacks: · Ground floor = min. 0.9m · First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min. · Building wall set in and out every 12m by 0.5m	Primary Dwelling: Specified minimum 5.45m setback to the southern boundary (closet) is compliant with the side boundary setback requirements. Shed & Secondary dwelling Specified minimum 3.0m setback to north western boundary is compliant with the side boundary setback requirements. However, several submissions have been received by Council in relation to the siting of the proposed structure, which are addressed in the appropriate section in this report. Single storey development - slab on ground construction. Primary dwelling: The building wall articulation is compliant and/or satisfactory to address the objective intent of the development provision. Shed & Secondary dwelling: The specified wall length of the shed & secondary dwelling is 9.610m & 8.0m respectively, resulting in an unarticulated wall 17.7m in length. To reduce the perceived bulk and scale impacts of the unarticulated wall length adjacent to the north western boundary a 3.0m side boundary setback is proposed. Additionally, it is specified that landscaping is to be provided between the wall and the north western boundary. The proposed 3.0m side boundary setback in combination with the provision of suitable landscaping the building wall articulation is satisfactory to address the objective intent of the development provision.	Yes N/A Yes Yes
3.2.2.6	35m² min. private open space area including a useable 4x4m min. area which has 5% max. grade	Both the primary and secondary dwelling each contain > 35m² open space in one area including a useable 4m x 4m area.	Yes
3.2.2.7	Front fences: · If solid 1.2m max height and front setback 1.0m with landscaping · 3x3m min. splay for corner sites · Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings · 0.9x0.9m splays adjoining driveway entrances	No front fences specified. The design of any future proposed front fence must be of a design that is considered to meet the fencing provisions and objectives of DCP 2013.	N/A
3.2.2.10	Privacy: · Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. i.e. 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	No 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 The proposed development is not expected to adversely impact the adjoining properties existing levels of privacy enjoyed to their living and or POS areas. Design measures have been incorporated into the development: Minimising windows on elevations adjacent to side boundaries, where the potential exists for overlooking into living areas or POS of the adjoining property. The siting of the proposed secondary dwelling and the internal layout design to minimise overlooking into living areas or POS of the adjoining property is satisfactory. It is proposed that the windows in western wall of the secondary dwelling are to face directly opposite the wall of the existing shed on the neighbouring property. No privacy screens are recommended, however the applicant has specified screens to the windows albeit that the windows will face directly towards the wall of the neighbouring shed structure. The privacy requirements are satisfied.	Yes
*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Primary Dwelling: It is specified that an approximate site cut and fill of 1.9m is required to prepare a level building pad for the house slab. The kerb height (Datum) is approximately 17.00 AHD. The ridge height 3550mm above kerb height. The FFL of the dwelling is 1233mm below the natural ground surface at the front of the dwelling. No pad levels are specified. Therefore, the indicated site levels are considered to be indicative only. Therefore, a condition is recommended. Shed & Secondary dwelling: To construct a level pad for the shed and secondary dwelling as specified. As specified, the kerb height (Datum) is approximately 17.00 AHD and the FFL of the workshop is 11.50 AHD. To accommodate the site cut the applicant proposes to bench the site with 900mm drops forming a series of 6.0m (minimum) wide terraces. The ridge height of the shed and secondary dwelling structure is specified to be at 4.5m above the FFL (16.00 AHD). The specified ridge height will be comparable to the ridge height on the existing shed on the neighbouring property.	No*
2.3.3.2	1m max. height retaining walls along road frontage	No retaining walls are specified along the road frontage.	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	No retaining walls are proposed. A 1:2 batter is specified to stabilise the areas of cut and fill. A condition is recommended requiring that all site earthworks including terraces and batters be stabilised with vegetation.	Yes
	Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway	No retaining wall and front fence combination is proposed.	N/A
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access proposed to arterial or distribution road.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Two driveway crossings are specified of minimal width, which will have minimal impact on the existing streetscape in the immediate vicinity. Off street and on street parking is satisfactory.	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling (behind building line). Parking for secondary dwelling optional.	1 or capacity for more than 1 parking space behind the building line has been provided for.	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	No specific landscaping requirements recommended.	N/A
2.5.3.14	Sealed driveway surfaces unless justified	Concrete and gravel driveways are specified to the primary dwelling, shed & secondary dwelling respectively and are considered fit for purpose. A condition is recommended.	Yes
2.5.3.15 and 2.5.3.16	Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length	1:6 driveway grade is specified to primary dwelling. Gravel driveway grade not specified, however is capable of satisfying Council standard driveway crossover requirements. Condition recommended for section 138 Roads Act permit.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Development is for a dwelling, shed and secondary dwelling with standard driveway. Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

The proposal seeks to vary development provision 2.3.3.1 which ensures that the design of any building or structure integrates with the topography of the land and to

minimise the extent of site disturbance caused by excessive cut and fill to the site to

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

Development shall not exceed a maximum cut of 1.0m and fill of 1.0m measured vertically above the ground level (existing) at a distance of 1.0m outside the perimeter of the external walls of the building

Note: This does not apply to buildings where such cut and fill is fully retained within or by the external walls of the building.

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

· The site is 10,000m² or 1 Hectare in area and falls approximately 8.5m over 105.68m to the area marked (B) on the Deposited Plan. This represents an approximate 1:12 slope or 8.3% gradient

· Land reforming works are necessary to construct the level building pads for the proposed dwelling and the workshop/secondary dwelling to proceed with the proposed development.

· The applicant proposes to bench the site with 900mm drops (cuts) forming a series of 6.0m (minimum) wide terraces to achieve the specified FFL (11.50AHD) of the work shop and secondary dwelling.

· To construct the level building pad for the dwelling a site cut and fill of 1.9m is proposed with a 1:2 batter.

· The development site is zoned R5 Large Residential, the proposed boundary setbacks of 3.0m to the north western boundary and 5.45m minimum to the south eastern boundary will ensure that there is no damage or instability to the adjoining properties.

· The proposed development is not expected to alter the existing subdivision drainage patterns and therefore the impact on adjoining properties is expected to be minimal.

· Given the specified boundary setbacks the impact of proposed development on the privacy of neighbouring dwellings and open space will be minimal.

· The existing topography of the site which remains largely unaltered outside of the “no build area” in conjunction with adequate boundary setbacks ensures that adequate stormwater drainage is provided around the perimeter of buildings and that overflow paths are provided and existing ones are maintained.

· It is anticipated that the site cut and fill will have minimal adverse impacts on the adjoining properties privacy and will integrate the proposed built design into the landscape of the site.

(a)

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

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

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

(iv) Any matters prescribed by the Regulations

None prescribed.

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

Context and setting

The proposal is for dwelling, swimming pool, shed/secondary dwelling.

The development site is located at Lot 30 DP 1239206, 24 Oxbow Circuit King Creek. The building has its frontage to Oxbow Circuit.

The site is 10,000m² or 1 Hectare in area and falls approximately 8.5m over 105.68m to the area marked (B) on the Deposited Plan. This represents an approximate 1:12 slope or 8.3% gradient

The site is burdened by several restrictions and positive covenants as specified on the deposited plan (DP) such as a no build areas marked “B” & “C” on the DP which is located approximately 105.68m from development site front boundary. The proposed development does not encroach into this restricted area.

A recent site inspection revealed that currently, situated on the site is a shipping container and a marque structure. There was no evidence to hand indicating that the existing structures were occupied.

The proposed primary dwelling has a specified front boundary setback of 14.110m and a minimum side boundary setback of 5.450m adjacent to the north eastern boundary.

The proposed shed/secondary dwelling has a specified 52.57m setback to the front boundary and located approximately 16.305m from the rear of the primary dwelling with a side boundary setback 3.0m.

The floor area of the shed/secondary as specified is 96m²and 59m² resulting gross floor area of 159.3m². The ridge and wall heights as specified are 4.5m and 3.9m respectively.

To accommodate the site cut the applicant proposes to bench the site with 900mm drops forming a series of 6.0m (minimum) wide terraces.

The ridge height of the shed and secondary dwelling structure is specified to be at 4.5m above the FFL (16.00 AHD). The specified ridge height will be comparable to the ridge height on the existing shed on the neighbouring property.

Additionally, during the assessment of the application, the applicant has increased the side boundary setback to 3.0m off the north western boundary to permit landscaping between the structure and the boundary reducing the bulk and scale impacts on the adjoining property.

The proposal is not expected not have any significant adverse impacts on existing adjoining properties and satisfactorily addresses the public domain.

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

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

The proposal does not prevent adjoining property from receiving 3 hours of sunlight to private open space and primary living areas on 21 June.

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

Access, traffic and transport

The proposal will not have any significant adverse impacts in terms access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

The location of the two driveways proposed is acceptable.

Water supply connection

Service available – details required with S.68 application.

Sewer connection

Service not available – ossm system details required with S.68 application.

Stormwater

Stormwater drainage is proposed to be direct to water tanks and overflow as surface drainage towards the rear of the site which is acceptable – details required with S.68 application.

Other utilities

Telecommunication and electricity services are available to the site.

Heritage

This site does not contain or adjoin any known heritage item or site of significance. The site is considered to be disturbed land.

Other land resources

The site is within an established rural residential 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 adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during construction.

Air and microclimate

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

Flora and fauna

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

Waste

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

Energy

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

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone land and the vegetation type is category 3.

The Applicant has submitted a bushfire report as a self-assessment.

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

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

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative Impacts

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

(c) The suitability of the site for the development

The proposal will fit into the locality and the site attributes are conducive to the proposed development. Site constraints of bushfire have been adequately addressed and appropriate conditions of consent recommended.

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

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

Three (3) written submissions and a supplementary submission were received following public exhibition of the application. Copies of the written submissions have been provided separately to members of the DAP.

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

Submission Issue/Summary	Planning Comment/Response
31 Oxbow Circuit The proposed development does not comply with the general intent of the 88B Instrument, with particular regard Restriction No.2 (e), (f), (g), and (i). The location and orientation of the proposed dwelling does not have regard for the dwelling siting precedents in the Ridgeview Estate. The proposed location of the shed and secondary dwelling is unreasonable due to side boundary setbacks and being sited too close to the street frontage of Oxbow Circuit. The size of the shed/secondary dwelling (160m²) does not accord with floor area restrictions in the 88B. 30 Oxbow Circuit The side boundary setback to the wall of the shed/secondary dwelling appears to be only 1m and is unacceptable. The secondary dwelling has three (3) windows that look directly into our immediate back outdoor living areas resulting in a loss of visual and acoustic privacy and is unacceptable. There is no reference to the BASIX requirements in relation to the primary and secondary dwelling. The open carport structure will result in a loss of visual and acoustic privacy, including the impact of car headlights at night time shinning into our backyard, outdoor and indoor living areas. Substantial excavation and subsequent retaining walls would be required due to the site slope. The height of the shed/secondary dwelling and carport are not specified on the DA plans. There is no reference in the plans regarding sewerage and waste water application. The siting of the shed/secondary dwelling will impact on the streetscape due its bulk and scale and is sited forward of our dwelling thus being visually prominent. The owner has indicated that he and his family will live in the 2-bedroom granny flat whilst building the proposed house on site. This would not be consistent with zone objections and incompatible with neighbouring premises. This granny flat also provides the owner the opportunity to rent to tenants and/or provide short term stays (e.g. Airbnb holiday let). This is not acceptable. As the plans do not show any topographic detail and to fully appreciate the impact this structure poses, is it possible for a council officer to inspect the site. The “Ridgeview Estate” is a newly established large lot residential area. One of the reasons residents in this estate chose to live here is because of the space between neighbours that these larger wide lots provide. The homes and ancillary buildings that are now established in this estate have been built with this in mind. Supplementary Submission in Support of Initial Submission I refer to the “Instrument 88b - Setting out Terms or Easements and Restrictions on the use of land and positive covenants intended to be created pursuant to section 88B of the Conveyancing Act, 1919” (Executed by Narran River Pty Ltd, Port Macquarie Hastings Council, & Essential Energy 13^th December 2017). The proposed secondary dwelling, carport and shed exceeds the maximum floor area and is not placed behind the rear line of the main building. The secondary dwelling, carport and shed as proposed in the lodged Development Application is simply not acceptable in accordance with the Instrument 88b, and for the reasons previously submitted. The placement and visual prominence of this structure is not acceptable. In order that an ancillary structure this size could be considered, it would need to be placed around 20 metres further towards the rear of the lot and 6 metres in from the boundary. (Note: a dwelling cannot be constructed in the area designated “B” or “C” on the plan). 27 Oxbow Circuit As the measurements on the D.A are scarce, it is not possible to fully grasp the location and dimensions of the shed. It does however appear to be very close to the neighbour’s fence line The shed would be around 4.2m high to the gutter (no details) with no detail on a retaining wall, one would assume the shed will be built up on natural ground which would make the top gable height at North East end of shed around 6-7m above natural ground. This would be devastating to the outlook. Ideally, the shed and the house needs to be further down the hill to match all of the other beautiful homes in our estate. Alternatively, the shed could or run east-west. Is there a maximum or minimum requirement for the owners to live in the proposed shed? Another concern of this development is the disregard for safety and upkeep. Myself and two other neighbours have been mowing the front section of lot 30, as the grass was over 1.2m high making the approach over the crest very dangerous. The estimated construction costs are inadequate. The plans as submitted lack detailed measurements.	It is acknowledged that Narran River Pty Limited is the person or authority empowered to release, vary or modify the restrictions numbered two (2) referred to in the DP, and referenced in the submission. However, PMHC LEP 2011 clause 1.9A Suspension of covenants, agreements and instruments: states that (1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose. The proposed development is permissible in the zone with consent irrespective of any instruments. Dwelling siting precedents in the Ridgeview Estate are not assessable under the provisions of DCP. The siting of the proposed dwelling is compliant with numerical setback standards in the DCP. The proposed shed/secondary dwelling is sited 52.57 from the front boundary and is located 16.305m from the rear of the primary dwelling and setback 3.0m off the north western boundary as specified on the plans. The floor area of the shed/secondary dwelling is 96m²and 59m² respectively which is equivalent to a gross floor area of 159.3m² which is permissible in the zone with consent. The side boundary setback to the shed/secondary dwelling wall is 3.0m and is acceptable in the context and is supported by Developer of the Estate. It is specified that the windows are to be fitted with privacy screens. It is also noted that the windows are to face directly opposite the wall of the existing shed on the neighbouring property. The applicant demonstrated that the position of the windows will result in a loss of visual and acoustic privacy. A BASIX certificate has been submitted confirming that the proposed development has met the required energy and water targets. The open carport structure has been deleted from the application, no further comment is required. No retaining walls are proposed. The issue of land reforming works has been addressed previously in the report no further comment is provided. The specified ridge and wall heights are 4.5m and 3.9m respectively. An appropriate level of detail has been provided on the DA indicating the approximate location of the proposed Biocycle waste water treatment system. The amended site plan specifies that the proposed shed/secondary dwelling is located 52.57m from the front boundary. The long section specifies that the kerb height (Datum) is at 17.00AHD and the FFL of the proposed development is at 11.50AHD with the approximate ridge height of 4.5m above FFL (16.00AHD) at or just below road level, minimising any visual impact on the streetscape. To minimise potential visual impacts of the proposed development an increased side boundary setback of 3.0. has been specified which will allow for suitable landscaping. The proposal is permissible in the zone with consent. However, the applicant’s intentions/use of the secondary dwelling is not a matter for consideration under the DCP. A condition is recommended. Refer to the comments above. A site inspection was carried out on the 26/05/2020. The site is 10,000m² or 1 Hectare in area. The land falls 8.5m (front to rear) over a distance of approximately 105.60m to the area marked “(B)” on the DP. This is equivalent to an approximate 1:12 slope or 8.3% gradient The bulk and scale of the proposed development is compatible with the surrounding built environment. The site is cleared and located within an area zoned for residential purposes. Refer to previous comments made in relation to the S88B instrument. Refer to previous comments in relation to building heights and setbacks. Refer to previous comments in relation to permissibility and context and setting. Refer to previous comments in relation to building heights and setbacks. Refer to previous comments in relation to building heights and setbacks. Refer to previous comments in relation to building heights and setbacks. The proposed development is permissible in the zone with consent and is considered to be compatible with the rural residential locality. Council may consider an application for a temporary accommodation. Any such application would be accessed on merit. Not an issue for consideration under the Act. Not a matter for consideration under the provisions of the DCP. Estimated construction costs considered to be satisfactory. Amended plans are considered adequate for assessment of the Development application.

Submission Issue/Summary

Planning Comment/Response

31 Oxbow Circuit

The proposed development does not comply with the general intent of the 88B Instrument, with particular regard Restriction No.2 (e), (f), (g), and (i).

The location and orientation of the proposed dwelling does not have regard for the dwelling siting precedents in the Ridgeview Estate.

The proposed location of the shed and secondary dwelling is unreasonable due to side boundary setbacks and being sited too close to the street frontage of Oxbow Circuit.

The size of the shed/secondary dwelling

(160m²) does not accord with floor area restrictions in the 88B.

30 Oxbow Circuit

The side boundary setback to the wall of the shed/secondary dwelling appears to be only 1m and is unacceptable.

The secondary dwelling has three (3) windows that look directly into our immediate back outdoor living areas resulting in a loss of visual and acoustic privacy and is unacceptable.

There is no reference to the BASIX requirements in relation to the primary and secondary dwelling.

The open carport structure will result in a loss of visual and acoustic privacy, including the impact of car headlights at night time shinning into our backyard, outdoor and indoor living areas.

Substantial excavation and subsequent retaining walls would be required due to the site slope.

The height of the shed/secondary dwelling and carport are not specified on the DA plans.

There is no reference in the plans regarding sewerage and waste water application.

The siting of the shed/secondary dwelling will impact on the streetscape due its bulk and scale and is sited forward of our dwelling thus being visually prominent.

The owner has indicated that he and his family will live in the 2-bedroom granny flat whilst building the proposed house on site. This would not be consistent with zone objections and incompatible with neighbouring premises.

This granny flat also provides the owner the opportunity to rent to tenants and/or provide short term stays (e.g. Airbnb holiday let). This is not acceptable.

As the plans do not show any topographic detail and to fully appreciate the impact this structure poses, is it possible for a council officer to inspect the site.

The “Ridgeview Estate” is a newly established large lot residential area. One of the reasons residents in this estate chose to live here is because of the space between neighbours that these larger wide lots provide. The homes and ancillary buildings that are now established in this estate have been built with this in mind.

Supplementary Submission in Support of Initial Submission

I refer to the “Instrument 88b - Setting out Terms or Easements and Restrictions on the use of land and positive covenants intended to be created pursuant to section 88B of the Conveyancing Act, 1919” (Executed by Narran River Pty Ltd, Port Macquarie Hastings Council, & Essential Energy 13^th December 2017).

The proposed secondary dwelling, carport and shed exceeds the maximum floor area and is not placed behind the rear line of the main building.

The secondary dwelling, carport and shed as proposed in the lodged Development Application is simply not acceptable in accordance with the Instrument 88b, and for the reasons previously submitted.

The placement and visual prominence of this structure is not acceptable. In order that an ancillary structure this size could be considered, it would need to be placed around 20 metres further towards the rear of the lot and 6 metres in from the boundary. (Note: a dwelling cannot be constructed in the area designated “B” or “C” on the plan).

27 Oxbow Circuit

As the measurements on the D.A are scarce, it is not possible to fully grasp the location and dimensions of the shed. It does however appear to be very close to the neighbour’s fence line

The shed would be around 4.2m high to the gutter (no details) with no detail on a retaining wall, one would assume the shed will be built up on natural ground which would make the top gable height at North East end of shed around 6-7m above natural ground. This would be devastating to the outlook.

Ideally, the shed and the house needs to be further down the hill to match all of the other beautiful homes in our estate. Alternatively, the shed could or run east-west.

Is there a maximum or minimum requirement for the owners to live in the proposed shed?

Another concern of this development is the disregard for safety and upkeep. Myself and two other neighbours have been mowing the front section of lot 30, as the grass was over 1.2m high making the approach over the crest very dangerous.

The estimated construction costs are inadequate.

The plans as submitted lack detailed measurements.

It is acknowledged that Narran River Pty Limited is the person or authority empowered to release, vary or modify the restrictions numbered two (2) referred to in the DP, and referenced in the submission.

However, PMHC LEP 2011 clause 1.9A Suspension of covenants, agreements and instruments: states that

(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

The proposed development is permissible in the zone with consent irrespective of any instruments.

Dwelling siting precedents in the Ridgeview Estate are not assessable under the provisions of DCP. The siting of the proposed dwelling is compliant with numerical setback standards in the DCP.

The proposed shed/secondary dwelling is sited 52.57 from the front boundary and is located 16.305m from the rear of the primary dwelling and setback 3.0m off the north western boundary as specified on the plans.

The floor area of the shed/secondary dwelling is 96m²and 59m² respectively which is equivalent to a gross floor area of 159.3m² which is permissible in the zone with consent.

The side boundary setback to the shed/secondary dwelling wall is 3.0m and is acceptable in the context and is supported by Developer of the Estate.

It is specified that the windows are to be fitted with privacy screens. It is also noted that the windows are to face directly opposite the wall of the existing shed on the neighbouring property. The applicant demonstrated that the position of the windows will result in a loss of visual and acoustic privacy.

A BASIX certificate has been submitted confirming that the proposed development has met the required energy and water targets.

The open carport structure has been deleted from the application, no further comment is required.

No retaining walls are proposed. The issue of land reforming works has been addressed previously in the report no further comment is provided.

The specified ridge and wall heights are 4.5m and 3.9m respectively.

An appropriate level of detail has been provided on the DA indicating the approximate location of the proposed Biocycle waste water treatment system.

The amended site plan specifies that the proposed shed/secondary dwelling is located 52.57m from the front boundary. The long section specifies that the kerb height (Datum) is at 17.00AHD and the FFL of the proposed development is at 11.50AHD with the approximate ridge height of 4.5m above FFL (16.00AHD) at or just below road level, minimising any visual impact on the streetscape.

To minimise potential visual impacts of the proposed development an increased side boundary setback of 3.0. has been specified which will allow for suitable landscaping.

The proposal is permissible in the zone with consent. However, the applicant’s intentions/use of the secondary dwelling is not a matter for consideration under the DCP. A condition is recommended.

Refer to the comments above.

A site inspection was carried out on the 26/05/2020. The site is 10,000m² or 1 Hectare in area. The land falls 8.5m (front to rear) over a distance of approximately 105.60m to the area marked “(B)” on the DP. This is equivalent to an approximate 1:12 slope or 8.3% gradient

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

Refer to previous comments made in relation to the S88B instrument.

Refer to previous comments in relation to building heights and setbacks.

Refer to previous comments in relation to permissibility and context and setting.

Refer to previous comments in relation to building heights and setbacks.

The proposed development is permissible in the zone with consent and is considered to be compatible with the rural residential locality.

Council may consider an application for a temporary accommodation. Any such application would be accessed on merit.

Not an issue for consideration under the Act.

Not a matter for consideration under the provisions of the DCP. Estimated construction costs considered to be satisfactory.

Amended plans are considered adequate for assessment of the Development application.

(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

(b)

Development contributions will not be required under S7.11.

The proposed secondary dwelling has a floor area not exceeding 60m² and is exempt from Section 7.11 contributions. If a separate water meter is proposed Section 64 contributions for water will be required. A standard condition is recommended in this regard.

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 - 369.1 Recommended Conditions

2 ⇩. DA2020 - 369.1 Plans

AGENDA Development Assessment Panel 24/06/2020

Item: 06

Subject: DA2020 - 340.1 Alterations and Additions to Dwelling at Lot 417 DP 208523, No 5 Cunning Street, Port Macquarie

Report Author: Development Assessment Planner, Robert Slater

Applicant: S K Morrison & S M Morrison

Owner: S K Morrison & S M Morrison

Estimated Cost: $200,000

Parcel no: 5471

Alignment with Delivery Program

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

RECOMMENDATION

That DA2020 - 340.1 for Alterations and Additions to Dwelling at Lot 417, DP 208523, No. 5 Cunning Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

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

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 681.6m².

The site is zoned R1 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:

· First floor addition

· Double garage

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

Application Chronology

· 5 May 2020 - Lodgement date

· 8 May 2020 - Application notified

· 27 May 2020 - Shadow Diagrams received

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy (Koala Habitat Protection) 2019

Clause 5 - This SEPP applies to the Port Macquarie-Hastings Local Government Area.

Clause 10 - The site isn’t identified on the Koala Development Application Map or under a Koala Plan of Management and the land has an area less than 1 hectare including adjoining land in the same ownership.

The SEPP does not prevent the granting of consent on the land being less than 1 hectare in area. The application has also 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 (Coastal Management) 2018

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

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

Port Macquarie-Hastings Local Environmental Plan 2011

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

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

· Clause 2.3(1) and the R1 zone landuse table - The dwelling or ancillary structure to a dwelling is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 6.5m, which complies with the standard height limit of 8.5m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal is 0.29:1 which complies with the maximum 0.65:1 floor space ratio applying to the site.

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

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

No draft instruments apply.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
		Requirements	Proposed		Complies
		Front setback (Residential not R5 zone): · Min. 4.5m local road ·	Front building line setback is specified at 9.179m to the SE corner of the garage and upper floor addition respectively. The proposed front setback is compliant with the minimum 4.5m front setback requirements.		Yes
3.2.2.3		Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	Garage door setback as specified is 8.165m and is therefore compliant with the minimum front setback requirements.		Yes
		6m max. width of garage doors and 50% max. width of building	It is proposed to install two 2124 panel lift doors having a combined specified width of 4.25m, which is compliant with the maximum width requirements. The total width of the garage doors (37%) is less than the maximum 50% proportional building width.		Yes
		Driveway crossover 1/3 max. of site frontage and max. 5.0m width	Driveway crossing width is specified as 5.0m, which is equivalent to 33% of the site frontage.		Yes
3.2.2.4		4m min. rear setback. Variation subject to site analysis and provision of private open space	There is no change to the existing or specified rear setback of 10.0m as a result of the proposed development and therefore the rear setback is compliant with the requirements.		Yes
3.2.2.5		Side setbacks: Ground floor = min. 0.9m First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min. Building wall set in and out every 12m by 0.5m	The specified side setbacks of 1.92m (E) and 1.27m (W) are compliant with the minimum setback requirement of 0.9m. The specified side boundary setback of the (SE) first floor wall is 2.037m, which represents an encroachment of 963mm and therefore non- compliant with the minimum 3.0m setback requirement. In support of the reduced first floor wall side boundary setback the applicant has submitted a shadow diagram that demonstrates the adjoining property’s primary living areas and primary open space areas are not adversely overshadowed for more than 3hrs between 9am - 3pm on 21 June. The specified wall length of the proposed garage and first floor addition is 7.5m. In combination with the existing dwelling the building wall articulation is satisfactory to address the objective intent of the development provision.		Yes 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. The proposed development does not reduce the existing POS area which is in excess of the requirements.		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. i.e. 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 proposed development is not expected to adversely impact on existing levels of visual and acoustic privacy to the neighbouring property’s’ primary living spaces and POS areas. Design measures have been incorporated into the development: Minimising windows on elevations adjacent to side boundaries, where the potential exists for overlooking into living areas or POS of the adjoining property. High sill windows 1.5m above internal FL where the potential exists for overlooking into living areas or POS of the adjoining property. Attention to the siting of the proposed development and the internal layout design to minimise overlooking into living areas or POS of the adjoin property. The existing 1.8m high boundary fences. No privacy screens are recommended.		Yes
*DCP 2013: General Provisions*
	Requirements		Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline		No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls		Cut and fill <1.0m change 1m outside the perimeter of the external building walls.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater		Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads		No new access proposed to arterial or distribution road.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking		Driveway crossing minimal in width including maximising street parking	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling (behind building line)		1 or capacity for more than 1 parking space behind the building line has been provided for.	Yes
2.5.3.11	Section 94 contributions		Refer to main body of report.
2.5.3.12 and 2.5.3.13	Landscaping of parking areas		Single dwelling only with 1 domestic driveway. No specific landscaping requirements recommended.	N/A
2.5.3.14	Sealed driveway surfaces unless justified		Sealed driveway proposed	Yes
2.5.3.15 and 2.5.3.16	Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length		Driveway grades capable of satisfying Council standard driveway crossover requirements. Condition recommended for section 138 Roads Act permit	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.		Single dwelling only with 1 domestic driveway. Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

Chapter 3.2 Low Density Residential Development

3.2.2.5 Objective

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

· To provide for visual and acoustic privacy between dwellings.

Relevant Development Provision

The first floors and above should be setback minimum of 3m from the side boundary.

Note: However the minimum 3.0m setback requirement can be reduced down to 900mm where it can be demonstrated that the adjoining property primary living areas and primary private open space areas should not be adversely overshadowed for more than 3hrs between 9am-3pm on 21 June.

The Applicant seeks to vary the Development Provision by encroaching into the 3.0m first floor side boundary setback as set out below:

1^st Floor Building Element	Proposed Setback (minimum)	Encroachment
1. Bed 1 & ensuite	2.037m	963mm

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

· The encroaching external wall has a total length of 8.21m and is located on the eastern elevation of the proposed first floor addition. The wall has two openings (W5) 0621 and (W4) 0618 that are associated with a bedroom and ensuite respectively. The proposed design gives due consideration to ensuring an appropriate standard of residential privacy is achieved and maintained.

· To determine the extent of the overshadowing impacts the applicant has submitted computer generated shadow diagrams programmed for the 2020 winter solstice. The generated shadow lengths were then overlayed over aerial photographs. The resultant diagrams demonstrate that the adjoining property is capable of receiving 3 hours of sunlight on the 21^st June to the primary living spaces and POS areas.

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

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

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

(iv) Any matters prescribed by the Regulations

No regulations relating to the site are relevant.

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

Context and setting

· The proposal is for dwelling additions and alterations to an existing brick veneer dwelling and the addition of a double garage. Currently there is no all-weather vehicle parking available. Currently the owners park their vehicles on the front lawn.

· The development site is located in Cunning Street Port Macquarie. The building has its main frontage to Cunning Street and has a total site coverage of 35%.

· The site is 727.2m² in area and is subject to 6.0m fall across the lot sloping from the rear (NW cnr) towards the front (SE cnr) of the site, which is equivalent to a site grade of 11.11% or 1:9 slope.

· The proposed double garage has a specified front setback of 8.165m.

· The development site adjoins an existing villa development which comprises three (3) dwellings with courtyards (POS) situated adjacent to the development sites eastern boundary.

· The proposal will not have any significant adverse impacts on existing adjoining properties and satisfactorily addresses the public domain.

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

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

· The proposal does not have significant adverse lighting impacts.

· There are no significant adverse privacy impacts.

· The shadow diagrams as submitted (Attachment 3) to Council demonstrate that the proposal does not prevent adjoining property from receiving 3 hours of sunlight to private open space and primary living areas on 21 June. The shadow diagram depicts the shadow reaching the bottom of the western facing wall at 1pm June 21.

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

Access, traffic and transport

Water supply connection

Service available – details required with S.68 application.

Sewer connection

Service available – details required with S.68 application.

Stormwater

Service available – details required with S.68 application.

Other utilities

Telecommunication and electricity services are available to the site.

Heritage

This site does not contain or adjoin any known heritage item or site of significance. The site is considered to be disturbed land.

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

Air and microclimate

Flora and fauna

Waste

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

Energy

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

Noise and vibration

Bushfire

The site is not identified as being bushfire prone and therefore no further investigation or comment is required.

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

The proposal will fit into the locality and the site attributes are conducive to the proposed development 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 has been provided separately to members of the DAP.

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

Submission Issue/Summary	Planning Comment/Response
The overshadowing would affect the natural light of the western facing windows to the kitchen, dining, laundry, bathroom and bedroom of 1/7 Cunning Street reducing natural light and heating from the sun. This is assumption is supported by the accompanying shadow diagrams.	In responding to the overshadowing issue raised in the submission the applicant has submitted a computer generated a shadow diagram programmed for the 2020 winter solstice (Attachment 3). The generated shadow lengths were then overlayed over aerial photographs of the subject properties. The resulting shadow lengths on the diagram appear to indicate the shadow reaching the toe of the adjoining property’s western facing wall at 1pm June 21, indicating that the western facing wall and the related windows would receive 3 hours of sunlight, while the POS area would receive 3 hours of sunlight on 21 June. It is worth noting the attached aerial photograph by Nearmap taken at 3.01PM Sunday 5^th April 2020, does indicate that the adjoining property immediately to the east of the proposed development is subjected to overshadowing due the existing trees adjoining the boundary and to a lesser extent the existing 1.8m high boundary fence. It may be conceivable if both parties are in agreement to reduce the height of the existing trees via loping and or removal may improve the solar access to the courtyard area of the property immediately to the east of the proposed development. While it is acknowledged that overshadowing of the private open area of the adjoining neighbour’s courtyard will occur, the applicant has demonstrated that the proposed development will allow for a minimum of 3 hours’ sunlight on June 21. Therefore, based on the above assessment, the reduced setback to the first floor wall is considered acceptable and the relevant objectives have been satisfied. Cumulatively, the variations do not amount to any adverse impact or a significance that would justify refusal of the application.

Submission Issue/Summary

Planning Comment/Response

The overshadowing would affect the natural light of the western facing windows to the kitchen, dining, laundry, bathroom and bedroom of 1/7 Cunning Street reducing natural light and heating from the sun.

This is assumption is supported by the accompanying shadow diagrams.

In responding to the overshadowing issue raised in the submission the applicant has submitted a computer generated a shadow diagram programmed for the 2020 winter solstice (Attachment 3). The generated shadow lengths were then overlayed over aerial photographs of the subject properties.

The resulting shadow lengths on the diagram appear to indicate the shadow reaching the toe of the adjoining property’s western facing wall at 1pm June 21, indicating that the western facing wall and the related windows would receive 3 hours of sunlight, while the POS area would receive 3 hours of sunlight on 21 June.

It is worth noting the attached aerial photograph by Nearmap taken at 3.01PM Sunday 5^th April 2020, does indicate that the adjoining property immediately to the east of the proposed development is subjected to overshadowing due the existing trees adjoining the boundary and to a lesser extent the existing 1.8m high boundary fence.

It may be conceivable if both parties are in agreement to reduce the height of the existing trees via loping and or removal may improve the solar access to the courtyard area of the property immediately to the east of the proposed development.

While it is acknowledged that overshadowing of the private open area of the adjoining neighbour’s courtyard will occur, the applicant has demonstrated that the proposed development will allow for a minimum of 3 hours’ sunlight on June 21.

Therefore, based on the above assessment, the reduced setback to the first floor wall is considered acceptable and the relevant objectives have been satisfied. Cumulatively, the variations do not amount to any adverse impact or a significance that would justify refusal of the application.

(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 S7.11. The proposed development does not involve the creation of an additional residential component.

5. CONCLUSION AND STATEMENT OF REASON

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

Attachments

1 ⇩. DA2020 - 340.1 Recommended Conditions

2 ⇩. DA2020 - 340.1 Plans

3 ⇩. DA2020 - 340.1 Shadown Diagrams

AGENDA Development Assessment Panel 24/06/2020

Item: 07

Subject: DA2020 - 101.1 Shop Top Housing and Alterations and Additions to Commercial Building, at Lot 1 DP 1041388 No. 36 High Street Wauchope.

Report Author: Development Assessment Planner, Steven Ford

Applicant: MKD Architects

Owner: Ideal IF Pty Ltd

Estimated Cost: $954,593

Parcel no: 8926

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2020.101.1 for Shop Top Housing and Alterations and Additions to Commercial Building at Lot 1, DP 1041388, No. 36 High Street, Wauchope, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for shop top housing and alterations and additions to commercial building 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 proposal has been amended during the assessment of the application. Changes have been made to provide 4 off street car parking spaces and decrease the gross floor area of the existing commercial buildings.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 770m².

The site is zoned B2 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:

· Creation of an additional floor to create Shop Top Housing, consisting four single bedroom apartments.

· Alterations and Additions to existing commercial building to provide access and storage to the first floor and rear lane car parking.

· No off-street car parking provided for the existing commercial buildings.

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

Application Chronology

· 14 February 2020 - Application Lodged

· 26 February to 11 March 2020 - Public Notification, one submission received.

· 24 March 2020 - Additional information response received

· 3 April 2020 - Amended plans received

· 16 April 2020 - Confirmation of waste collection received

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposed development does not include advertising signage in the form of business/building identification and/or general advertising.

State Environmental Planning Policy (Coastal Management) 2018

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

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

A BASIX certificate (number 1070952M) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

State Environmental Planning Policy (Infrastructure) 2007

Clause 101 refers to development with frontage to a classified road. In this case, the development does not create any additional crossovers onto the classified road or substantial increase in traffic. Therefore, no adverse impact on the road network will occur.

In terms of noise impacts, the dwellings will provide screening and/or separation to the classified road. It also appears that AADT numbers range is less than 6,000 vehicles per day in that area of High Street based on RMS data. Using the Development Near Rail Corridors and Busy Roads document as a guide, the assessment has directly quantified the existing ambient environment with respect to road and CBD noise emissions via direct measurement. Noise measurements identified that standard glazing would be suitable for attenuating noise levels for each façade of residential Unit 4. For the north facing residential units (Unit 1-3), it is noted that there are no bedrooms with glazing that is exposed to the local road network. However, for the living rooms with glazing to the northern façade, it is recommended Category 2 glazing (as a minimum) be used to satisfy internal noise criteria.

The development does not trigger any of the traffic generating development thresholds of Clause 104. Referral to the NSW Roads and Maritime Services (RMS) is not required.

Based on the above, the proposed development addresses relevant clauses in the SEPP and will not to create any significant adverse conflict in terms of traffic or noise.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2 - The subject site is zoned B2 - Local Centre.

· Clause 2.3(1) and the B2 zone landuse table - The proposed development for Shop Top Housing and Alterations and Additions to Commercial Building is a permissible landuse with consent.

The objectives of the B2 zone are as follows:

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

o To encourage employment opportunities in accessible locations.

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

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

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

o the proposal is a permissible landuse;

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

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 9.1 m which complies with the standard height limit of 11.5 m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal is 0.88:1.0 which complies with the maximum 1.5:1 floor space ratio applying to the site.

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

· Clause 7.9 - Development subject to acoustic controls

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

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Residential Flat Development, Tourist and Visitor Accommodation and Mixed Use Development*
DCP Objective	Development Provisions	Proposed	Complies
3.3.2.21	Dwellings not at ground level have balconies with minimum area 8m² and minimum dimension 2m.	Dwellings/units are located on level 1. All units achieve the development provisions of this clause, as follows; Unit 1 - 8.8m² Unit 2 - 8.5m² Unit 3 - 9m² Unit 4 - 10.8m²	Yes
3.3.2.28	Development complies with AS/NZS2107:2000 Acoustic – Recommended design sound levels and reverberation times for building interiors for residential development.	An acoustic report by Muller Acoustic Consulting Pty Ltd was submitted with this application and concluded that suitable acoustic levels were achievable. Condition recommended confirming this requirement. Units 1-3 require Category 2 Unit 4 - no special requirements	Yes
3.3.2.30	Direct views between living room windows to be screened where: · Ground floor windows are within 9m of windows in an adjoining dwelling. · Other floors are within a 12m radius. · Living room windows are within 12m radius of the principal area of private open space of other dwellings.	Adjacent uses are commercial. The first floor addition has orientated primary living areas and open space towards the front and rear boundary, being High Street and Oxley Lane. The primary façade has been provided with both fixed and moveable privacy screening for added privacy, which achieves the objectives of this clause. No additional privacy screening required.	Yes
3.3.2.30	Balconies, decks, etc. screened if <3m from boundary and floor area >3m² and floor level >1m above ground level.	Adequate privacy screening have been included into façade design, achieving the design provisions of this clause.	Yes
3.3.2.33	Developments located close to open space, recreation, entertainment and employment.	The site is located in the Wauchope Town Centre, within close proximity to retail, recreation, public open space, etc.	Yes
3.3.2.40	Minimum 1 balcony per apartment.	Minimum requirements complied with.	Yes
	Main balcony accessible from living area.	All balconies are directly accessible from primary living areas.	Yes
	Balconies take advantage of favourable climatic conditions.	Units 1 to 3 are primarily north facing and due to site restrictions Unit 4’s balcony/deck is south facing. It should be noted that it is not possible for all balconies to be north facing in such proposals.	Yes
	Balconies and balustrades balance privacy and views.	Partially solid balustrade.	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.	Opportunity for open air clothes drying on balconies and screened from public areas.	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	The main pedestrian entrance is visible from High Street and provides access to the commercial and residential tenancies via an open foyer. In addition, pedestrian access from the rear car park has been provided to the open foyer. The pedestrian access from the rear car park is lockable and capable of being well lit for security purposes.	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.	Opportunity for casual surveillance available with views to both High Street and Oxley Lane.	Yes
	Concealment avoided by: · preventing dark or blind alcoves, · providing lighting in all common areas, · providing graded car parking illumination (greater at entrances).	The carpark is visible from Oxley Lane and adequate security lighting can be provided and surveillance can be retrofitted. The residential entrance can be managed adequately by key access.	Yes
	Access to all parts of the building to be controlled.	Yes	Yes
3.3.2.45	Accessible storage provided for tenants in basement car park or garages.	No permanent storage space available within the at grade uncovered car park.	No, but acceptable given the parking constraints on the site.
3.3.2.45	One bike stowage space per dwelling provided.	Adequate storage space available within the unit for a bike.	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 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. Housing opportunities in the CBD may improve natural surveillance within the locality and openings will overlook public areas/laneways adjoining the site.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical	The proposal has direct frontage to High Street Wauchope, which is part of the Oxley Highway. However, no new accesses are proposed impacting the Oxley Highway.	N/A
2.5.3.3	Off-street parking in accordance with Table 2.5.1: Retail/Office/Café, etc - 1 per 30 m² GLFA or 1.5 spaces per office (min), whichever is the greater 1 space = single dwelling (behind building line) and dual occupancy Residential Flat – 1 per 1 or 2 bed dwelling or 1.5 per 3-4 bed dwelling + 1 visitor/4 dwellings	Existing building has 446m² of gross lettable floor area and an open space courtyard accessible to the public. As these areas are existing, the existing site has a car parking credit of approximately 15 spaces (446m²/30m²). The site currently has no off street car parking; relying on the nearby time-limited parking and pedestrian traffic. During the assessment period, amended plans were provided which proposes part demolition of the existing building and provides 4 parking spaces to the rear of the site on Oxley Lane. This was to provide 1 space per proposed dwelling. The proposal now includes, decreasing the existing commercial floor area from 446m² to 339m² GLA, and 4x1 bedroom dwellings. Therefore, additional parking requirements are: 4x 1bd dwellings: 4 Visitor : 1 Commercial (339m²) (rounded): 12 Total Required: 17 spaces The total overall parking demand of the development is therefore 17 spaces. With considering the existing developments car parking credit of 15 spaces, only 2 calculated additional spaces are required for the proposed development. The proposal has provided 4 physical off-street parking space, as well as, a decrease in off-street car parking demand of the commercial components. 1 visitor parking space has not been provided but it is considered acceptable to apply the parking credit to address this 1 parking space. See comments below	No, But Acceptable considering that the main off street car parking demand is from the existing commercial space.
2.5.3.11	Section 94 contributions	Refer to main body of report.

Assessment Checklist for DCP 2011 – Mixed Use Development: (Note: An assessment against the Residential, Tourist and Visitor Accommodation and Ancillary Development section for any residential component of any mixed use development is required).

Requirements	Proposed	Complies
Mixed use Development: · For the purpose of mixed use development, ‘place’ is defined as being on the same lot or within those lots that are the subject of a single development application for ‘mixed use development ‘.	One level of commercial with one storey residential above.	Yes
· Mixed use developments are located in areas close to key business, commercial and employment centres with good public transport accessibility.	Located in the Wauchope town centre, close to key employment areas, businesses and public transport.	Yes
· The development must be designed so that loading bays, garbage collection areas and noise and odour generating aspects of buildings are located away from residential areas. · Vehicular circulation systems are legible and differentiate between commercial service requirements, such as loading docks, and residential access. · Residential entries are located directly from the public street and clearly demarcated from entries to commercial premises. · Security entries are to be provided to all entrances into private areas, including car parks and internal courtyards. · Where possible acoustic separation between loud commercial uses (such as cafés and restaurants) and residential uses is achieved by utilising an intermediate quiet-use barrier, such as offices. · Plant is located on the roof or visually and acoustically isolated from the residential uses.	Bin storage has been provided in an accessible location and capable of being serviced by private contractor. Waste service letter provided by JR Richards & Sons. No vehicular circulation impacts identifiable. Residential parking directly accessible from Oxley Lane. All entries are capable of being controlled and secured via access keys and lighting. Acoustic report prepared by Muller Acoustic Consulting Pty Ltd recommends that the proposal is capable of complying subject to recommendations. Plant equipment is not visible from the street.	Yes

The proposal seeks to vary development provision 2.5.3.3 relating to visitor parking by not providing the required one physical off street visitor car parking space.

The relevant objectives are:

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

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

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

o The site is located in the Wauchope Town Centre

o The site is located within close proximity public transport, community facilities, shop and employment.

o There is adequate pedestrian access and connections to adjoining commercial businesses, retail, restaurants and entertainment.

o Much trade/visitation of the proposal can be assumed as multi-purpose trips where clients can be undertaking a number of tasks in the one trip to the CBD

o There is short-term and medium-term on-street parking opportunities during business hours available near the site to accommodate the parking needs of clients/visitors.

o The proposal does not reduce the amount of street parking in High Street or restricts parking to adjoining properties.

o The existing site provides no off street car parking and is completely reliant on public car parking for the existing commercial use.

o Four (4) physical off street car parking space have been provided for the proposed four (4) dwellings.

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

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

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

(iv) Any matters prescribed by the Regulations

Demolition of buildings AS 2601 – Clause 92

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

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

Context and setting

· The site has a general northern street frontage orientation to High Street.

· The proposal is located in the Wauchope town centre and has direct frontage to High Street and Oxley Lane.

· The proposal will not have any significant adverse impacts to existing adjoining properties and satisfactorily addresses the public domain.

· The proposal is considered to be consistent 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. Adequate building separation and tenancy is proposed/existing.

· 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 High Street (Oxley Highway) and Oxley Lane, Wauchope.

Adjacent to the site, High Street is a sealed public road under the care and control of Council. High Street is a RMS Classified road with a varying road formation width of 12.0 to 15.0m within a road reserve of 20.0m. SA kerb is used predominantly in the street, however there is a section of SE kerb and gutter along the immediate frontage of the site. There is a paved footpath across the full frontage of the site and designated street parking within the road reserve.

At the rear of the site, Oxley Lane is a sealed public road under the care and control of Council. High Street is a Local Street with a road formation width of 6.0m within a road reserve of 7.0m. SA kerb is present on the southern side of the street, while SE kerb and gutter is used along the northern side.

Traffic and transport

The site is currently approved for commercial use and the addition in traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

Site frontage and access

Vehicle access to the site is proposed though one access driveway to Oxley Lane at the rear of the property. Provision has been made for to allow for 4 x parking spaces to accommodate the residential apartments, while still allowing commercial access to the Printing business via a central driveway. Customer parking shall remain unchanged, with the parking spaces available in High Street. All accesses shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

High Street (Oxley Highway) is a Roads and Maritime Services (RMS) classified road and will require concurrence and/or 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.

Due to the type and size of development, additional works are required to include:

· The re-instatement of SA type kerb and gutter along the full road frontage of High Street

· Full-width concrete footpath paving along the full frontage of High Street

Parking and manoeuvring

A total of 4 parking spaces have been provided on-site. Parking and driveway widths on site are capable of complying with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements.

Water supply connection

Council records indicate that the development site has an existing 20mm metered water service. Each proposed unit shall be individually metered for water. The meters shall be at the road frontage of the property or internally with a master meter at the road frontage. Details are to be shown on the engineering plans.

Detailed plans will be required to be submitted for assessment with the S.68 application.

Sewer connection

Council records indicate that the development site is connected to sewer via a junction to the existing sewer main outside the southern boundary of the development site. The proposed development can discharge all sewage to this junction.

There are no Sewer Section issues besides S68 and contributions if applicable.

Stormwater

The site naturally grades towards the street frontage and is currently serviced via an existing a direct connection to the public piped drainage system.

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater pit/pipeline within High Street.

Stormwater from the proposed development is planned to be disposed via a direct connection to Council’s piped stormwater network, which is consistent with the above requirements.

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

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

· On site stormwater detention facilities

Other utilities

Telecommunication and electricity services are available to the site.

Heritage

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

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

Other land resources

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

Water cycle

The proposed development will not have any significant adverse impacts on water resources and the water cycle.

Soils

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

Air and microclimate

Flora and fauna

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. Bin storage has been provided in an accessible location and capable of being serviced by private contractor. Waste service letter provided by JR Richards & Sons.

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

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX or Section J of the Building Code of Australia. No adverse impacts anticipated.

Noise and vibration

A noise report prepared by Muller Acoustic Consulting has been submitted for the proposed development. Noise measurements identified that standard glazing would be suitable for attenuating noise levels for each façade of residential Unit 4. For the north facing residential units (Unit 1-3), it is noted that there are no bedrooms with glazing that is exposed to the local road network. However, for the living rooms with glazing to the northern façade, it is recommended Category 2 glazing (as a minimum) be used to satisfy internal noise criteria. A condition requiring confirmation of the report recommendation to be provided prior to construction.

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

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 car parking 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 has been provided separately to members of the DAP.

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

Submission Issue/Summary	Planning Comment/Response
Non provision of car parking on site. Compounding issue adding an additional 4 car parking space shortfall to the town centre is not in the best interest of the existing Wauchope Businesses.	During the assessment, amended plans have been provided providing adequate off street car parking for the residential dwellings component of this application. Based on the development provisions of the development control plan 2013, 4 off street parking spaces being proposed, the decreased in gross commercial floor area and the existing car parking credit. There are not enough grounds to refuse the application on this basis. See discussion and justification earlier in this report.

Submission Issue/Summary

Planning Comment/Response

Non provision of car parking on site.

Compounding issue adding an additional 4 car parking space shortfall to the town centre is not in the best interest of the existing Wauchope Businesses.

During the assessment, amended plans have been provided providing adequate off street car parking for the residential dwellings component of this application.

Based on the development provisions of the development control plan 2013, 4 off street parking spaces being proposed, the decreased in gross commercial floor area and the existing car parking credit. There are not enough grounds to refuse the application on this basis.

See discussion and justification earlier in this report.

(e) The Public Interest

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

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

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

5. CONCLUSION AND STATEMENT OF REASON

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

Attachments

1 ⇩. DA2020 - 101.1 Recommended Conditions

2 ⇩. DA2020 - 101.1 Plans

3 ⇩. DA2020 - 101.1 Contributions Estimate

4 ⇩. DA2020 - 101.1 SOEE

AGENDA Development Assessment Panel 24/06/2020

Item: 08

Subject: DA2020 - 38.1 Multi Dwelling Housing and Combination of Torrens and Strata Title Subdivision at Lot 350 DP 1241368 Pountney Avenue, Thrumster

Report Author: Development Assessment Planner, Chris Gardiner

Applicant: Crescent Projects Pty Ltd

Owner: Kykardi Investments Pty Ltd

Estimated Cost: $700,000

Parcel no: 68413

Alignment with Delivery Program

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

RECOMMENDATION

That DA2020 - 38.1 for Multi Dwelling Housing and a Combination of Torrens and Strata Subdivision at Lot 350, DP 1241368, Pountney Avenue, Thrumster, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

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

The proposal has been amended during the course of the assessment, including changes to the layout and reduction in the number of units from four (4) to three (3).

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 855.2m².

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:

· Construction of multi dwelling housing comprising 2 x 2 bedroom units and 1 x 3 bedroom unit;

· 2 lot Torrens title subdivision; and

· Strata subdivision of the resulting dual occupancy on proposed Lot 3501.

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

Application Chronology

· 28 January 2020 - Application lodged.

· 7 February 2020 to 20 February 2020 - Neighbour notification.

· 24 April 2020 - Additional information requested from Applicant.

· 8 May 2020 - Additional information and amended plans submitted.

· 22 May 2020 to 4 June 2020 - Amended proposal re-notified.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy (Koala Habitat Protection) 2019

Clause 5 - This SEPP applies to the Port Macquarie-Hastings Local Government Area.

Clause 8 - The site isn’t identified on the Koala Development Application Map but is identified under the Area 13 Koala Plan of Management. The site is less than 1 hectare in area. The application has also demonstrated that no habitat will be removed or modified. The proposal does not contravene applicable requirements of the KPoM. 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 (Building Sustainability Index: BASIX) 2004

Port Macquarie-Hastings Local Environmental Plan 2011

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

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

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

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

o The proposal is a permissible landuse;

o The development would provide for a variety of housing types and densities in the locality and contribute to meeting the housing needs of the community.

· Clause 4.1(4) - The minimum subdivision lot size does not apply to the registration of a strata plan of subdivision.

· Clause 4.1A - The minimum lot sizes do not apply to the Torrens Title lots as the development involves subdivision into two or more lots and construction of dwellings on each lot.

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

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

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: • 4.8m max. height • Single storey • 60m2 max. area • 100m2 for lots >900m2 • 24 degree max. roof pitch • Not located in front setback	No ancillary development proposed.	N/A
3.2.2.2	Articulation zone: • Min. 3m front setback • An entry feature or portico • A balcony, deck, patio, pergola, terrace or verandah • A window box treatment • A bay window or similar feature • An awning or other feature over a window • A sun shading feature	No elements within the articulation zone.	N/A
3.2.2.2	Front setback (Residential not R5 zone): • Min. 6.0m classified road • Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot • Min. 3.0m secondary road • Min. 2.0m Laneway	Front building line setback requirements are complied with. Minimum 5.04m setback to Cohen Way and minimum 4.03m setback to Pountney Avenue.	Yes
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	Garage door setback requirements are complied with.	Yes
	6m max. width of garage door/s and 50% max. width of building	Width of garage door requirements are complied with.	Yes
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	Driveway crossing width requirements are complied with.	Yes
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	The site is a corner lot and doesn’t have a rear boundary.	N/A
3.2.2.5	Side setbacks: • Ground floor = min. 0.9m • First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min. • Building wall set in and out every 12m by 0.5m	The minimum side setback requirements are complied with. The wall articulation is compliant and satisfies the objectives of the development provision.	Yes
3.2.2.6	35m² min. private open space area including a useable 4x4m min. area which has 5% max. grade	Each occupancy contains 35m² open space in one area including a useable 4m x 4m area.	Yes
3.2.2.7	Front fences: • If solid 1.2m max height and front setback 1.0m with landscaping • 3x3m min. splay for corner sites • Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings • 0.9x0.9m splays adjoining driveway entrances	The proposed front fence design is considered to meet the fencing provisions and objectives of DCP 2013.	Yes
3.2.2.8	Front fences and walls to have complimentary materials to context No chain wire, solid timber, masonry or solid steel front fences	Fencing materials acceptable.	Yes
3.2.2.10	Privacy: • Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed • Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m • Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m	The development will not compromise privacy in the area due to a combination of building design and fencing.	Yes
3.2.2.11	Roof terraces	N/A
3.2.2.13 onwards	Jetties and boat ramps	N/A

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Cut and fill <1.0m change 1m outside the perimeter of the external building walls	Yes
2.3.3.2	1m max. height retaining walls along road frontage	None proposed	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	No retaining wall likely >1m.	Yes
	Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway	The submitted plans show the front fence of Unit 2 having a combined height with the retaining wall exceeding 1.8m. A condition has been recommended requiring this to be amended on the Construction Certificate plans.	Yes
2.3.3.8	Removal of hollow bearing trees	No trees proposed to be removed	N/A
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)	No trees proposed to be removed	N/A
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access proposed to arterial or distributor road.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Driveway crossings are minimal in width including maximising street parking.	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. Multi dwelling 1 space per 1 & 2 bedroom occupancies 1.5 spaces per 3+ bedroom occupancies 0.25 spaces per occupancy for visitor parking.	Proposal involves 2 x 2 bedroom units, and 1 x 3-bedroom unit. Therefore, 2 x 1 space + 1 x 1.5 space + 3 x 0.25 visitor spaces = 4.25 (5) spaces required. The development proposes a single garage for each 2-bedroom unit, and a double garage for the 3-bedroom unit. Visitor parking is available as stacked parking in the driveway of each unit (additional 4 spaces).	Yes
2.5.3.11	Developer contributions	Contributions apply - refer to ET calc and NOP.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Suitable landscaping proposed around driveway/parking locations.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveway areas proposed.	Yes
2.5.3.15 and 2.5.3.16	Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length	Driveway grades capable of satisfying Council standard driveway crossover requirements. Condition recommended for section 138 Roads Act permit	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

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

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

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

(iv) Any matters prescribed by the Regulations

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

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

Context and setting

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

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

• There are no adverse impacts on existing view sharing.

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

Roads

The site has road frontage to Pountney Avenue and Cohen Way. Adjacent to the site, both roads are sealed public roads under the care and control of Council.

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.

Site frontage and access

Vehicle access to the site is proposed via two individual driveways, with one driveway located on each road frontage. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Parking and manoeuvring

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

Water supply connection

Each proposed dwelling will need to be separately metered for water. Meters may be either located at the road frontage or internally with a master meter at the boundary. Each Torrens title lot will also require a separate metered water service. All design and works shall be in accordance with Council’s adopted AUSPEC Specifications.

Final water service sizing will need to be determined by a hydraulic consultant to suit the development as well as addressing fire service coverage to AS 2419 and backflow protection.

Detailed plans will be required to be submitted for assessment with the Section 68 application, as recommended in the conditions.

Sewer connection

Proposed Lot 3501 shall drain all sewage to the existing sewer junction unless otherwise agreed by PMHC’s Water and Sewer Planning Manager. Proposed Lot 3502 will require a separate connection to the sewer main in the Cohen Way frontage. All design and works shall be in accordance with Council’s adopted AUSPEC Specifications.

Detailed plans will be required to be submitted for assessment with the Section 68 application, as recommended in the conditions.

Stormwater

The site naturally grades towards the street frontage in the north-east corner of the site and is currently serviced via a direct connection to the public piped drainage system.

Proposed Lot 3501 can drain to the existing stormwater junction, and proposed Lot 3502 shall require a new junction to the existing piped drainage in Cohen Way.

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

Other utilities

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

Heritage

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

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

Air and microclimate

Flora and fauna

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. The site has sufficient frontage for kerbside collection of waste and recyclables for the 3 units proposed. No adverse impacts anticipated. Standard precautionary site management condition recommended.

Energy

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

Noise and vibration

A Traffic Noise Assessment was carried out by SLR Consulting (dated 13 October 2014) as part of DA2014 - 801, for the subdivision which created the lot. The approved assessment determined that for the subject site Category 1 (normal) construction will achieve satisfactory internal noise levels. Therefore, no specific construction requirements apply to the development.

Standard condition recommended restricting construction activities to standard hours.

Bushfire

The site is not identified as being bushfire prone. However, the Section 88B instrument requires future building to be constructed to the BAL indicated in the approved Bushfire Assessment for DA2014 - 801. The approved bushfire assessment indicates no construction requirement for the subject site (see extract below).

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

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

(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 development has insufficient off-street parking. The proposed units are 2 bedroom and likely to have multiple vehicles.	The proposal has been amended to reduce the number of units from 4 to 3, and the off-street parking provision has been improved with a double garage provided for the 3-bedroom unit. The proposal complies with the minimum requirements of the DCP for off-street parking for residents and visitors.
The shared driveway to Unit 2 & 3 has no effective noise barrier or separation distance from the dwelling on the adjoining property. The driveway will cause dogs to bark and potentially affect the safety of children playing in the back yard of neighbouring property.	The proposal has been amended to remove the shared driveway along the western boundary. Unit 3 is now proposed to have a standard driveway access from the street.
Other corner lots in the locality have been developed with only two dwellings. Four dwellings is an over-development of the site.	The subject site is substantially larger than most other corner lots in the estate that have been developed for dual occupancy. The scale of the development is considered to be appropriate for the site.
The development should be redesigned to have a single central driveway and no driveways adjoining property boundaries.	The proposal has been redesigned to remove the proposed driveway along the side boundary.

(e) The Public Interest

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

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

5. CONCLUSION AND STATEMENT OF REASON

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

Attachments

1 ⇩. DA2020 - 38.1 Recommended Conditions

2 ⇩. DA2020 - 38.1 Plans

3 ⇩. DA2020 - 38.1 Contributions Estimate

date of meeting:		Wednesday 24 June 2020
location:		Via Skype
time:		2:00pm

Member	11/03/20	25/03/20	08/04/20	06/05/20	27/05/20	10/06/20
Paul Drake	P	P	P	P	P	P
Robert Hussey	P		P
David Crofts (alternate member)		P		P	P	P
Dan Croft (Group Manager Development Assessment) (alternates) - Development Assessment Planner	P	P	P	P	P	P

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

1.0 OBJECTIVES

2.0 KEY FUNCTIONS

Delegated Authority of Panel

3.0 MEMBERSHIP

3.2 Non-Voting Members

3.3 Obligations of members

3.4 Member Tenure

3.5 Appointment of members

4.0 TIMETABLE OF MEETINGS

5.0 MEETING PRACTICES

5.2 Decision Making

5.3 Quorum

5.4 Chairperson and Deputy Chairperson

5.5 Secretariat

5.6 Recording of decisions

6.0 CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

7.0 CONFIDENTIALITY AND CONFLICT OF INTEREST

8.0 LOBBYING

4.1 A pecuniary interest is an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

4.2 You will not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision you might make in relation to the matter, or if the interest is of a kind specified in clause 4.6.

4.3 For the purposes of this Part, you will have a pecuniary interest in a matter if the pecuniary interest is:

4.4 For the purposes of clause 4.3:

4.5 You will not have a pecuniary interest in relation to a person referred to in subclauses 4.3(b) or (c)

5.2 A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your official functions in relation to a matter.

5.3 The personal or political views of a council official do not constitute a private interest for the purposes of clause 5.2.

5.5 When considering whether or not you have a non-pecuniary conflict of interest in a matter you are dealing with, it is always important to think about how others would view your situation.

Managing non-pecuniary conflicts of interest

5.7 If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes on each occasion on which the non-pecuniary conflict of interest arises. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

5.8 How you manage a non-pecuniary conflict of interest will depend on whether or not it is significant.

5.9 As a general rule, a non-pecuniary conflict of interest will be significant where it does not involve a pecuniary interest for the purposes of clause 4.1, but it involves:

5.10 Significant non-pecuniary conflicts of interest must be managed in one of two ways:

5.13 Despite clause 5.10(b), a councillor who has a significant non-pecuniary conflict of interest in a matter, may participate in a decision to delegate consideration of the matter in question to another body or person.