Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 01 Jul 2021

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 Chief Executive Officer, such a disclosure is to be made to the staff member’s manager. In the case of the Chief Executive Officer, 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 Chief Executive Officer, 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 Chief Executive Officer, 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 Chief Executive Officer 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 01 Jul 2021

Item: 05

Subject: DA2019 - 614.1 Home Business at Lot 5 DP 20579, No.13 Swift Street, Port Macquarie

Report Author: Development Assessment Planner, Fiona Tierney

Applicant: M K & T A Cockshutt

Owner: M K & T A Cockshutt

Estimated Cost: N/A

Parcel no: 22895

Alignment with Delivery Program

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

RECOMMENDATION

That DA2019 - 614 for a Home Business at Lot 5, DP 20579, No. 13 Swift Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for continuation of a Home Business 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, 5 submissions were received.

It should be noted that the application processing time has been protracted due to COVID restrictions and working through various options for reducing the scale of the operations of development. Amendments have been made reducing client numbers and removing the cycle class component of the home business.

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

The reason for the application being referred to Council’s Development Assessment Panel (DAP) is because more than three (3) objections to the proposal have been received. A copy of the DAP Charter outlining the delegations and functions of the DAP is available on Council’s website.

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 613.4m².

The site is zoned R3 Medium Density Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Background prior to subject DA:

· DA2014 - 260 - Approved additions to the existing dwelling and construction of a swimming pool.

· DA2016 - 276 - Approved home business for a twelve (12) month period.

· DA2017 - 605 - Requested continuance of home business for 5 years with further changes allowing swimming lessons and cycle and strength training. Hours of operation 9am-6pm Monday to Friday. Request for maximum of eight (8) people per class thirty (30) hours of lessons. Consent granted to allow continuation for a further two (2) years until 13 September 2019, Six (6) clients per class and twenty (20) hours of lessons.

Key aspects of the proposal include the following:

· DA2019 - 614 (Subject DA) Requested continuation of DA 2017 - 605. Negotiations on possible solutions of concerns from neighbours. Application extended through COVID and focus of business model has now changed to mainly older NDIS clients and no back-to-back general swimming lessons. Smaller numbers (generally 1-2 and occasional larger classes: 4 clients generally and up to 4 classes of up to maximum 6 clients), no cycle/training proposed. Consent condition recommended.

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

Application Chronology

· 11 February 2015 - DA2014 -260.1 Application for dwelling additions and swimming pool approved.

· 22 June 2017- DA2016 - 276.1 Home business approved by DAP for 12 months.

· 13 September 2019 - DA2017 - 605.1 Continuation of Home business 2 years.

· 23 August 2019 - DA2019 - 614.1 Subject Application lodged.

· 2 to 16 September 2019 - Neighbour notification.

· Late 2019 to early 2021 (including COVID) additional information requested and negotiation solutions with Applicant.

· 2020 - Cessation of normal business routine due to COVID.

· April 2021 - Amendment to proposal submitted requesting removal of cycle training and reduced client numbers. Neighbours contacted via email to seek feedback on experience and impacts being experienced.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

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

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy (Koala Habitat Protection) 2020

There is no Koala Plan of Management on the site. Additionally, the site is less than 1 hectare (including any adjoining land under same ownership) and therefore the provisions of SEPP do not apply.

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 No. 64 – Advertising and Signage

No signage proposed.

State Environmental Planning Policy (Coastal Management) 2018

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

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

Having regard to clauses 13 and 14 of the SEPP the proposed development is not considered likely to result in any of the following:

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

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

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

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

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

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

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

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

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

Having regard to clause 11, proximity to coastal wetlands of this SEPP, the proposed development is not considered likely to result in any of the following:

(a) identifiable adverse impacts on the biophysical, hydrological and ecological integrity of the nearby littoral rainforest/coastal wetland; and

(b) identifiable impacts to water flows to the nearby littoral rainforest/coastal wetland.

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

The site is predominately cleared and located within an area zoned for residential purposes.

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 R3 Medium Density Residential.

· Clause 2.3(1) and the R3 zone landuse table - The proposed development for a continued use of home business (swim training) is a permissible landuse with consent.

The objectives of the R3 zone are as follows:

o To provide for the housing needs of the community within a medium density residential environment.

o To provide a variety of housing types within a medium density residential environment.

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

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

o the proposal is a permissible landuse;

o the proposal will provide services to meet the needs of residents.

· Clause 5.4 - The home business does not exceed 60m² of floor area.

· Clause 5.9 - No listed trees in DCP 2013 are proposed to be removed.

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

· Clause 7.13 - No changes proposed to existing services required.

(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: General Provisions*
DCP Objective	Development Provisions	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline: · Casual surveillance and sightlines · Land use mix and activity generators · Definition of use and ownership · Lighting · Way finding · Predictable routes and entrapment locations	The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The additional people utilising the site will help provide additional surveillance of the area.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.3	Off-street parking in accordance with Table 2.5.1 Dwelling requirements + 1 for visitors + 1 per 2 employees	Based on the possibility of one non-resident employee at various times, the site is required to have 3 spaces. The site contains a single garage and driveway capable of holding 3 vehicles. In addition, the site is located adjoining a reserve and where parking demand is low and can be used for overflow informal parking. Any spill over of parking is unlikely to create adverse impacts.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Existing gravel driveway and overflow parking area driveway. Suitable low density use of site.	Yes

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

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

(iv) Any matters prescribed by the Regulations

Nil

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

Surrounding the site is a mixture of single dwellings, unit development and tourist accommodation. The proposal is unlikely to have any adverse impact on 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 significant adverse lighting impacts.

There are no significant adverse privacy impacts. Adequate building separation exists and controls on hours of operation and noise are proposed.

Traffic and transport

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

Water supply connection

Existing.

Sewer connection

Existing.

Stormwater

Existing.

Other utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

The 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.

Air and microclimate

The 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

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.

Noise and vibration

The proposal has been operating in a number of levels of intensity over the 5 years since the construction of the pool and commencement of the lessons on site.

Council has received a number of complaints from adjoining neighbours in relation to noise and activity at the site. The complaints were in relation to pool pumps at night, clients yelling during classes, water splashing and training occurring outside approved hours. Whilst most issues have been resolved over time and conditions of consent controls, an issue of the barking dogs has persisted and will be considered further separate to the development application process.

Post exhibition and following receipt of submissions, further contact has also been made with neighbours that have provided submissions to seek further feedback which has been taken into consideration in this assessment.

In particular, it should be noted that the applicant has also amended the proposal to change their business model to remove the indoor cycling component and reducing class sizes in general to cater for NDIS clients. This has resulted in less noise and traffic to the site due to students being older, picked up from the local area and majority of the class sized of 1-2 students and possibly with a sibling. A negotiated limit of 4 students is permitted generally and one class per day may have up to 6. It is recommended a total of 6 classes per day is allowable to a maximum capped hour limit of 20 hours per week. No weekend classes are permitted. The amended operations are considered acceptable.

It is also noted that the development adjoins a large property that is approved for both permanent and for tourist accommodation. The property also contains a number of communal pools. Given the tourist aspect, it would be reasonable to assume that there would be noise from children/guests using the pools form within that complex.

Based on the above, it is considered that the current consent conditions will result in minimal adverse noise impacts. It is noted that there have been ongoing issues at the site and restrictions on hours of operation and numbers should be maintained. Reduction in numbers and removal of cycle class component should also result in lower anticipated impacts that are consistent with the largely residential nature of the area.

Bushfire

The site is identified as being bushfire prone but use is continuing and no specific hazards identified in relation to the use of the site for a home business.

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.

Site design and internal design

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

Cumulative impacts

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

(c) The suitability of the site for the development

The proposal will fit into the locality and the site attributes are conducive to the proposed development. The fact that the site adjoins a drainage line and has additional on street parking opportunities, helps minimise impacts on neighbours and improve the suitability of the site. The modification to the intensity and removal of a number of components further enhances the suitability of the use.

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

Five (5) written submissions were received following public exhibition of the application. Copies of the written submissions have been provided separately to members of the DAP.

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

Submission Issue/Summary	Planning Comment/Response
Whilst swim school is acceptable and compliant, noise from barking dogs is creating disruption.	There is a view amongst the concerned neighbours that the changes experienced during COVID resulted in a resolution of most issues raised. The reduction in class sizes and purpose have resulted in a relief from back-to-back lessons and squad training. An issue of the barking dogs has persisted and will be considered further separate to the development application process. Conditions of consent are proposed to limit numbers and activities at the site.
Smell from dogs using area around pool.	The applicant has made a concerted effort to ensure no issue is created.
Noise from school - location of buildings results in focus of noise like an amphitheatre.	Applicant has advised that increased soft/noise absorbing surfaces will be used around the pool area and significant reduction in numbers and squad training has reduced noise. Neighbours have agreed that issues have largely been resolved. An issue of the barking dogs has persisted and will be considered further separate to the development application process.
Non-compliance with student number restrictions - 10 students at once.	Client numbers have been permanently reduced and conditions of consent will be imposed.
Operation of business on weekends.	Applicant advises no lessons will occur on weekends. Private use may occur.

(e) The Public Interest

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

(f) Ecologically Sustainable Development and Precautionary Principle

Ecologically sustainable development requires the effective integration of economic

and environmental considerations in decision-making processes.

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

The principles of ESD require that a balance needs to be struck between the manmade development and the environmental impacts. Based on the assessment

provided in the report and with recommended conditions of consent, it is considered

an appropriate balance has been struck.

(g) Climate change

The proposal is not considered to be vulnerable to any risks associated with climate

change.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Development contributions will not be required under S64/S7.11 for the following reasons: Not applicable to compliant sized home business.

5. CONCLUSION AND STATEMENT OF REASON

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

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

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

Attachments

1 ⇩. DA2019 - 614.1 Recommended Conditions

2 ⇩. DA2019 - 614.1 Plan

AGENDA Development Assessment Panel 01 Jul 2021

Item: 06

Subject: DA2021 - 325.1 Secondary Dwelling at Lot 6 DP 229523, No 131 Kennedy Drive, Port Macquarie

Report Author: Building Surveyor, Kate Kennedy

Applicant: Robert and Antonia C Zavone

C/- Collins W Collins Pty Ltd

Owner: Mr Robert Zavone & Mrs Antonia C Zavone

Estimated Cost: $120,000.00

Parcel no: 6/-/DP229523

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2021 - 325.1 for a Secondary Dwelling at Lot 6, DP 229523, No. 131 Kennedy Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a secondary 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, four (4) submissions were received.

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

The reason for the application being referred to Council’s Development Assessment Panel (DAP) is because three (3) or more objections to the proposal have been received. A copy of the DAP Charter outlining the delegations and functions of the DAP is available on Council’s website.

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 663.9m².

The site is zoned R1 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 a secondary dwelling in the rear yard of the site

· Construction of a driveway and carport for the use of the secondary dwelling

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

Application Chronology

· 27/04/2021 - Application received

· 04/05/2021 - Application accepted

· 04/05/2021 - Application allocated to officer for assessment

· 04/05/2021 - Referral to essential energy completed

· 04/05/2021 - Internal referral to engineering and contributions completed

· 04/05/2021 - Notification letters sent

· 07/05/2021 - Notification commenced

· 17/05/2021 - Submission 1 received

· 20/05/2021 - Notification closure date

· 20/05/2021 - Submissions 2, 3 and 4 received

· 21/05/2021 - Essential Energy referral response received

· 26/05/2021 - Email to applicant summarising submissions

· 07/06/2012 - Applicant response to submissions received including amended plans

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) 2020

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

Clause 7 - The property is less than 1ha in size and there is no Koala Plan of Management in place. No further consideration of the SEPP is required.

Clause 8 - As per Circular B35, Clause 1.5, it is the intent of the Policy that investigations for potential and core koala habitat be limited to those areas in which it is proposed to disturb habitat. In this case, the application has demonstrated that no habitat will be removed or disturbed. Therefore, the site is not considered to be potential habitat and further consideration of the SEPP is not required.

Clause 9 - As the site is not considered to be core habitat, further consideration of the SEPP is not required.

State Environmental Planning Policy No. 55 - Remediation of Land

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

State Environmental Planning Policy (Coastal Management) 2018

Clause 7, this SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

Having regard to clause 11 (proximity to coastal wetlands or littoral rainforest) of this SEPP, the proposed development is not considered likely to result in any of the following:

(a) identifiable adverse impacts on the biophysical, hydrological and ecological

integrity of the nearby littoral rainforest/coastal wetland; and

(b) identifiable impacts to water flows to the nearby littoral rainforest/coastal wetland.

Having regard to clauses 13 and 14 of the SEPP the proposed development is not considered likely to result in any of the following:

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

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

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

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

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

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

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

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

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

Clause 15 - The proposal is not likely to cause increased risk of coastal hazards on that land or other land.

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

State Environmental Planning Policy (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 (Infrastructure) 2007

Clause 45 - Development in proximity to electricity infrastructure - referral to Essential Energy has been completed having regard for any of the following:

(a) the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,

(b) development carried out:

(i) within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

(ii) immediately adjacent to an electricity substation, or

(iii) within 5m of an exposed overhead electricity power line,

(i) within 30m of a structure supporting an overhead electricity transmission line, measured horizontally from the top of the pool to the bottom of the structure at ground level, or

(ii) within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool.

Advice received from Essential Energy has been provided to the Applicant for consideration.

Clause 101 refers to development with frontage to a classified road. In this case, the development does not have frontage to a classified road.

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.

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.

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 secondary 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.

· 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 04.67 m which complies with the standard height limit of 08.50 m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal is 0.29:1.0 which complies with the maximum 0.65:1.0 floor space ratio applying to the site.

· Clause 4.6 - Exceptions to development standards.

· Clause 5.4 - Controls relating to B&Bs, home business, industrial retail, farm stay, kiosks, neighbourhood shops, secondary dwellings etc. proposal complies. The secondary dwelling will be less than 60.00m² which is the greater of the two amounts when considering Clause 5.4, 9 (b).

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

· Clause 7.1 - The site is not mapped as potentially containing acid sulfate soils.

· Clause 7.3 - The site is not land within a mapped “flood planning area” (Land subject to flood discharge of 1:100 annual recurrence interval flood event (plus the applicable climate change allowance and relevant freeboard).

· Clause 7.5 - Koala Habitat - does not apply to land that is shown as “Koala Habitat area” on the Koala Habitat Map. Plan of Management/ mapped koala habitat - check compliance with KPoM. Note: Also applies to subdivisions.

· Clause 7.6 - Applies to land that is shown as Coastal Erosion Risk on the Coastal Erosion Map (Lake Cathie/Town Beach). In this instance the site is not mapped as being within a Coastal Erosion Risk Area.

· Clause 7.9 - Development subject to acoustic controls. The site is not mapped as being subject to acoustic controls.

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

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Part B - General Provisions - B2: Environmental Management*
DCP Objective	Development Provisions	Proposed	Complies
3	a) Development must comply with Council’s Developments, Public Place & Events - Waste Minimisation and Management Policy.	Satisfactory arrangements can be put in place for storage and collection of waste. Standard condition recommended for construction waste management.	Yes
Cut and Fill Regrading
4	a) 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 (This does not apply to buildings where such cut and fill is fully retained within or by the external walls of the building).	Proposed cut is 00.70m and will comply	yes
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	Retaining walls are proposed to be <01.00m and will not require certification by a practising structural engineer.	n/a
5	b) Where a combination of a fence and a wall is proposed to be greater than 1.2m high: - be a maximum combined height of 1.8m above existing property boundary level; - be constructed up to the front boundary for a maximum length of 6.0m or 30% of the street frontage, whichever is less; − the fence component has openings which make it not less than 25% transparent; and − provide a 3m x 3m splay for corner sites, and - provide a 900mm x 900mm splay for vehicle driveway entrances.	Only a small section of fence is proposed between the rear of the existing dwelling and the front of the proposed secondary dwelling. The fence is proposed to be 01.80m maximum height as detailed on the north western elevation on the elevations plan, referenced J4698, sheet 4 of 11, revision G, dated 19/1/21, prepared by Collins W Collins.	yes

*DCP 2013: Part B - General Provision - B3: Hazards Management*
Bushfire Hazard Management
18	a) APZs are to be located outside of environmental protection zones and wholly provided within private land. Note perimeter roads provided as part of a residential subdivision are classified as being part of the subdivision and not a separate permissible land use within environment protection zones.	APZ to be located wholly within private property	yes
Flooding
19	a) Development must comply with Council’s Floodplain Management Plan and Flood Policies.	The site is not mapped as being flood prone land	n/a

*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Road Hierarchy - Existing road infrastructure - Not applicable.
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3: - 1 parking space per each dwelling for dwelling-house.	The proposal includes one parking space for the secondary dwelling and a garage and carport for the primary dwelling	yes
Parking Layout
28	c) Parking spaces shall generally be behind the building line but may be located between the building line and the street when: − it is stacked parking in the driveway; or − it can be demonstrated that improvements to the open space provided will result; and − the spaces are screened (densely landscaped or similar) from the street by a landscaping with a minimum width of 3.0m for the entire length of the parking area.	Parking space is located behind the existing dwelling	yes
28	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking.	Carport is 03.41m x 07.00m	yes
34	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	Water run off can be monitored throughout construction.	Yes
34	b) Council will not permit the discharge of stormwater directly into kerbing and guttering or table drains for any development other than that of a minor nature.	Stormwater to discharge into nominated stormwater junction for the site.	Yes

*DCP 2013: Part B - General Provisions - B5: Social Impact Assessment and Crime Prevention*
DCP Objective	Development Provisions	Proposed	Complies
Crime Prevention
43	a) The development addresses the generic principles of crime prevention: − Casual surveillance and sightlines; − Land use mix and activity generators; − Definition of use and ownership; − Basic exterior building design; − Lighting; − Way-finding; and − Predictable routes and entrapment locations; − as described in the Crime Prevention Through Environmental Design (CPTED) principles.	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes

*DCP 2013: Part C - Development Specific Provisions - C1: Low Density Residential Development*
DCP Objective	Development Provisions	Proposed	Complies
Front Setbacks
44	a) Dwellings may incorporate an articulation zone to a street frontage at no less than 3m from property boundary. The following building elements are permitted within the articulation zone: − 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. b) These building elements should not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.	The proposal is sited behind the building line of the dwelling	yes
44	c) The primary road front setback shall be: Classified road = any frontage 6.0m Primary frontage = 4.5m Secondary frontage = 3.0m Ancillary Lane = 2.0m Large lot residential and rural zones = 10.0m	Located behind the existing dwelling. >26.00m from the front boundary.	yes
45	a) A garage, carport or car parking space should: − be at least 1m behind the building line, where the dwelling(s) has a setback from a front boundary of 4.5m or more, or − be at least 5.5m from a front boundary, where the dwelling(s) has a setback of less than 4.5m.	Carport >01.00m behind the building line of the dwelling	yes
	b) The total width of the garage/carport openings should not be more than 6m and not more than 50 per cent of the width of the building.	Carport opening is 03.41m	yes
	c) Driveway crossovers are no greater than 5.0m in width.	Crossover less than 05.00m	yes
	d) Where a dual occupancy or attached dwelling is proposed on a corner lot a garage and driveway is provided on each road frontage.	No dual occupancy or attached dwelling proposed	n/a
Side and Rear Setbacks
46	a) A minimum rear boundary setback of 4m is to be provided to dwellings (including verandahs, patios and decks).	Proposal calls for a rear setback of 01.44m. The proposal will meet the objectives of the clause and is addressed in more detail at the end of this checklist.	no
	b) A minimum rear boundary setback of 900mm applies to sheds and swimming pools subject to achieving minimum required private open space area.	No ancillary structures proposed	n/a
	c) Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback. In that instance, one side setback should be a minimum 4m in width (for an equivalent length of rear boundary, behind building line) and the rear setback may be reduced to 900mm.	Applicant has demonstrated that the proposal will meet these requirements. This will be addressed further at the end of this checklist	yes
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	Ground floor >01.00m for a small portion of the dwelling. The setback is >00.90m to the side boundaries. (01.38m and 01.44m proposed)	yes
	b) First floors and above (including single storey with floor level >1m) should be setback a minimum of 3m from the side boundary, or reduced down to 900mm where it can be demonstrated that the adjoining property’s primary living rooms and principal private open space areas are not adversely overshadowed for more than 3hrs between 9am - 3pm on 21 June.	The side of the secondary dwelling that is marginally over the 01.00m in height is proposed at being 04.25m from the adjoining side boundary.	yes
	c) First floors and above should have building walls that step in and out at least every 12m by a minimum of 500mm articulation. Where first floors and above are setback >3m, wall articulation is not required.	No first floor proposed	n/a
Private Open Space
48.	a) All dwellings should have a minimum area of private open space of 35m2, which includes a principal private open space area with: − a minimum dimension of 4m x 4m, and − a maximum grade of 5% for minimum 4m x 4m of the total open space requirement, and − direct accessibility from a ground floor living area and orientated to maximise use.	POS of secondary dwelling is 44.00m². One area is proposed to be 32.00m² and the other area adjacent to the carport is 12.00m². POS from living area is >04.00m x 04.00m and has a grade of less than 5%.	yes
	b) Private open space may include clothes drying areas and garbage storage.	The smaller POS contains clothes drying area	yes
Public Domain and Fencing
49	a) Front fences built forward of the building line for the primary road frontage should be detailed on the development application plans.	No new front fencing is proposed	n/a
	b) Solid Front fences up to 1.2m high should be: − Setback 1.0m from the front boundary, and − Suitably landscaped to reduce visual impact, and − Provide a 3m x 3m splay for corner sites.	Fencing between dwellings will comply	yes
	b) Front fences proposed to be more than 1.2m high should be a maximum of 1.8m in height, above existing front property boundary level, and either: − Include landscaped recesses having minimum dimensions of 1.8m long x 900mm deep which occupy no less than 50% of the total length of the fence, or − be erected up to the front boundary for a maximum length of 6.0m or 50% of the street frontage,	No new front fencing is proposed	n/a
	c) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);	No new front fencing is proposed	n/a
	d) provide a 3m x 3m splay for corner sites, and	No new front fencing is proposed	n/a
	e) provide a 900mm x 900mm splay for vehicle driveway entrances.	No new front fencing is proposed	n/a
50	a) For tennis courts or other similar areas, chain wire fences should be black or dark green plastic coated mesh.	No tennis court fencing proposed	n/a
50	b) Solid fences enclosing these facilities should not be permitted over 1.8m.	Fencing is proposed to be 01.80m high solid fencing	yes
Bulk and Scale
51	a) Direct views between indoor living rooms and principal private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots, including possible dwellings on future lots, should be obscured or screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius. − Direct views between principal private open space areas where within a 12m radius. − Direct views between indoor living rooms of dwellings into the principal area of private open space of other dwellings within a 12m radius.	Single storey construction, no privacy impacts expected. Existing and proposed 01.80m high boundary and internal fence. Applicant has also changed the windows located in the rear elevation to obscured glass. This section is detailed further at the end of this checklist.	yes
	b) A balcony, deck, patio, pergola, terrace or verandah should have a privacy screen where there are direct views of: − Indoor living room windows of adjacent dwellings, including proposed dwellings approved on adjoining lots within 9m radius; or − Principal areas of private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots within a 12m radius.	Single storey construction, no privacy impacts expected. Existing and proposed 01.80m high boundary and internal fence.	yes
	c) Privacy protection is not required for: − Any Indoor living room windows with a sill height of greater than 1.5m above the finished floor level of that room or where fixed non-openable translucent glass is installed to the same height.	Rear windows on the southwest elevation will have sill height greater than 01.50m and will be separated by boundary fencing. Window located in the southeast elevation is partially shielded by boundary fencing, rainwater tank and is a window to a bedroom. Windows to the living area is sited 06.25m from the north western boundary.	yes
	d) Direct views described above may be reduced or obscured by one of the following measures (details to be submitted with the development application): − 1.8m high fence or wall between ground-floor level windows or between a dwelling and principal private open space − Screening of minimum 1.7m height, that has 25% openings (max), with no individual opening more than 30mm wide, is permanently fixed and is made of durable materials. − A window, the whole of which has translucent glass and is not able to be opened.	Existing boundary fencing is to remain. New 01.80m high fencing to be installed between the proposed secondary dwelling and the existing dwelling.	yes
Roof Terraces - N/A
Water Recreation Structure (Boat Launching Ramp, Jetty and Mooring) - N/A
Ancillary Development - N/A

The proposal seeks to vary Development Provision relating to rear boundary setbacks. The proposal involves a rear boundary setback of 01.44m. The minimum rear setback for the structure is 04.00m.

The relevant objectives are:

· To ensure no adverse overshadowing or privacy impacts to neighbouring properties.

· To allow adequate natural light and ventilation between dwellings/buildings and to private

· open space areas.

· To provide useable yard areas and open space.

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

· Clause 46(c), of the Port Macquarie Hastings Development Control Plan (DCP) gives consideration to reducing the rear setback where it can be demonstrated that the private open space could achieve better solar access between the building and the side setback. In order to achieve the recommendations of this clause the applicant has provided a side setback of 04.025m to the northern boundary. The applicant proposes a rear setback of 01.44m with an eave projection into this setback of 00.45m. Though the proposal does not achieve strict compliance with the DCP as it requires an equivalent length of the structure to be setback 04.00m, the proposal does include a larger setback than the 00.90m permissible under this clause should the dimensions of the secondary dwelling be increased through the north western elevation.

· The structure has been designed to be sited with a frontage to the side boundary to the north. The windows facing the side boundary have an increased sill height and the deck includes a 01.80m high privacy screen towards the rear boundary (western side of the deck). The window to the southern side of the dwelling will be shielded by existing boundary fencing.

· The design allows for a usable private open space between the secondary dwelling and the side boundary. Due to the nature of the site the proposal cannot achieve strict compliance with the clause without compromising the private open space of the primary dwelling.

· The applicant has provided justification in the SOEE and response to submissions. The justification adequately addresses how the proposal will achieve the objectives of the clause. Clarification is further provided in the amended plans and email response to the submissions received through the notification process.

· The proposed while not in strict compliance with the numerical controls, will not have an adverse effect on the streetscape of the locality, the amenity of the adjoining sites and is recommended for approval.

Based on the above assessment, the variations proposed to the provisions of the DCP are considered acceptable and the relevant objectives have been satisfied. Cumulatively, the variations do not amount to an adverse impact or a significance that would justify refusal of the application.

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

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

(iv) Any matters prescribed by the Regulations

Nil

Demolition of buildings AS 2601 - Clause 92

Demolition of the existing carport 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 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.

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.

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.

Water supply connection

Service available – details required with Section 68 application.

An appropriate standard condition is recommended in this regard.

Sewer connection

The proposed works are clear (>600mm) of the existing sewer junction and main traversing the site.

Service available - details required with Section 68 application.

An appropriate standard condition is recommended in this regard.

Stormwater

Service available - details required with Section 68 application.

An appropriate standard condition is recommended in this regard.

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

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.

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

An assessment of bushfire risk having regard to section 4.3.5 of Planning for Bushfire Protection 2006 including vegetation classification and slope concludes that a Bushfire Attack Level 12.5 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 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 effects on the streetscape of the locality or the amenity of adjoining sites. The proposal will not 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 is in keeping with the locality and the site attributes are conducive to the proposed secondary dwelling.

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

Four (4) written submissions were received following public exhibition of the application. Copies of the written submissions have been provided separately to members of the DAP.

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

Submission Issue/Summary	Planning Comment/Response
Privacy concerns relating to the location of the secondary dwelling and deck relative to the site boundaries. Overlooking from the windows and deck along the south western elevation.	The applicant has included a privacy screen on top of the retaining wall on rear south western and side north western boundaries to be a total height 01.80m to address the concerns raised through the submission process. In addition to the screening, the applicant has included a 01.80m high privacy screen along the south western side of the deck, 01.40m high sill height to the window for the living area and bedroom and obscured glass in the kitchen. As demonstrated in the contour mapping, the site slopes to the rear north western corner. Given the sloping nature of the site, the secondary dwelling will be located below the dwelling to the south east, and the inclusion of the retaining wall to the rear will prevent the overlooking of the dwellings located below the site.
Concerns regarding noise and disturbance coming from an additional dwelling on the site.	The proposed screening on both the deck and boundary walls, will form a degree of acoustic buffer. The granny flat is located in the existing private open space of the primary dwelling which would normally produce noise. The addition of the secondary dwelling will not substantially increase the noise transmission to adjoining sites to that which already exits.
Concerns that there is not enough greenspace for the site.	The private open space proposed, is consistent with the numerical controls of the DCP. The proposed floor space ratio (FSR) of the site will be 00.29:1 which is compliant with the maximum FSR of 00.65:1. When viewed from the street frontage the only additional site coverage will be for the inclusion of a section of driveway running adjacent to the existing driveway. The driveway decreases in width as it approaches the front boundary. The remaining greenspace through the front setback will remain unchanged and the streetscape of the locality will not be adversely effected.
Concerns that the size of the dwelling is consistent in size with the main dwelling, rather than a secondary dwelling size. Also, concerns that a secondary dwelling will be out of character with the locality.	As demonstrated in the applicant’s response, the floor area of the proposed granny flat is 59.60m² and the primary dwellings floor area is 110.00m² (granny flat being 54% of the size of the primary dwelling). The secondary dwelling will not affect the streetscape of the locality, is single storey and modest in design in regard to floor area. The inclusion of additional residential accommodation on the site is consistent with other development in the area.
Concerns regarding the noise, light and fume coming from additional vehicles on the site. Concerns regarding the noise and light coming from the deck of the secondary dwelling.	The proposal will allow for one (1) additional vehicle to be located on the site. The addition of screening on top of the boundary walls will assist in screening the headlights of the vehicle. The proposal also proposes to remove one of the existing parking spaces. As detailed above, the amended plans include screening on both the deck and the boundary walls which will assist in shielding adjoining sites from light and noise pollution coming from the use of the deck.
Concern that the driveway will encroach on the neighbouring allotment.	The provided plans are consistent with the deposited plan, and the location of the proposed driveway is wholly within the subject site.
Concern regarding the existing carport encroaching on to the neighbouring allotment.	The applicant has advised that the existing carport is to be removed as part of the application.

(e) The Public Interest

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

(f) Ecologically Sustainable Development and Precautionary Principle

Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes.

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

The principles of ESD require that a balance needs to be struck between the man-made development and the need to retain the natural vegetation. Based on the assessment provided in the report and with recommended conditions of consent, it is considered an appropriate balance has been struck.

(g) Climate change

The proposal is not considered to be vulnerable to any risks associated with climate change.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

−

Development contributions will not be required under S64/S7.11 for the following reasons:

− The floor area of the granny flat is less than 60m² and is exempt from contribution fees in accordance with Clause 2.5

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 ⇩. DA2021 - 325.1 Recommended Conditions

2 ⇩. DA2021 - 325.1 Plans

AGENDA Development Assessment Panel 01 Jul 2021

Item: 07

Subject: DA2021 - 202.1 For 2 Lot Torrens Title Subdivision at Lot 114 DP 258304, No. 10 Jungarra Crescent, Bonny Hills

Report Author: Development Assessment Planner, Fiona Tierney

Applicant: Krige Investments Pty Ltd

Owner: Krige Investments Pty Ltd

Estimated Cost: $5000

Parcel no: 10486

Alignment with Delivery Program

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

RECOMMENDATION

That DA2021 - 202.1 for a 2 lot Torrens title subdivision at Lot 114, DP 258304, No. 10 Jungarra Crescent, Bonny Hills, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

Following exhibition of the application, 5 submissions were received.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 4604m².

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

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Subdivision of an existing lot into 2.

· An existing neighbourhood shopping centre will remain and a vacant portion subdivided to create a new developable site.

Refer to (Attachment 2) for plans of the proposed development and (Attachment 3) for the Statement of Environmental Effects.

Application Chronology

· 29 March 2021 - Application lodged.

· 13 April to 26 April 2021 - Public exhibition via neighbour notification.

· 3 June 2021 - Confirmation from applicant regarding current uses and parking.

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) 2020

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

Clause 7 - The site is not under a Koala Plan of Management and the land has an area less than 1 hectare including adjoining land in the same ownership. No further consideration of this policy is necessary.

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy (Coastal Management) 2018

The site is located within a coastal use area.

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

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

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

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

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

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

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

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

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

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

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

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

The proposed development is sufficiently compatible with the surrounding coastal and built environment. The site is predominately cleared and located within an area zoned for business and residential purposes.

State Environmental Planning Policy (Infrastructure) 2007

Clause 45 - Development in proximity to electricity infrastructure - referral to Essential Energy required for any of the following:

(a) the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,

(b) development carried out:

(i) within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

(ii) immediately adjacent to an electricity substation, or

(iii) within 5m of an exposed overhead electricity power line,

(i) within 30m of a structure supporting an overhead electricity transmission line, measured horizontally from the top of the pool to the bottom of the structure at ground level, or

(ii) within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool

The site inspection revealed underground power within proximity to the site however, the exact location of the underground lines is unknown. The application was referred to Essential Energy for comment having regard to the new driveway works proposed. Essential Energy raised no safety concerns from the proposed development.

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 - 2 lot subdivision is a permissible landuse with consent.

· Clause 2.3(2) - 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 the streetscape and contribute to a safe public environment.

- The proposal is consistent with the zone objectives as the subdivision is a permissible landuse and consistent with the established neighbourhood shop locality. The proposed lot size (lot 2 in particular) is 1996m²is considered to be of a sufficient size to accommodate a range of permissible land-uses in the B2 zone.

· Clause 2.6 - The proposed development for a subdivision is permissible with consent.

· Clause 4.1 - The lot sizes within the proposed subdivision are proposed lot 1 = 2608m2 and proposed lot 2 = 1996m2. There is no minimum lot size applying to the site.

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

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

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

No draft instruments apply.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: PART C - Development Specific Provisions - C5: Subdivision*
DCP Objective	Development Provisions	Proposed	Complies
Site Analysis
139	a) A site analysis is required for all development and should illustrate: - microclimate including the movement of the sun and prevailing winds; - lot dimensions; - north point; - existing contours and levels to AHD; - flood affected areas; - overland flow patterns, drainage and services; - any contaminated soils or filled areas, or areas of unstable land; - easements and/or connections for drainage and utility services; - identification of any existing trees and other significant vegetation; - any existing buildings and other structures, including their setback distances; - heritage and archaeological features; - fences, boundaries and easements; - existing and proposed road network, including connectivity and access for all adjoining land parcels; - pedestrian and vehicle access; - views to and from the site; - overshadowing by neighbouring structures; and - any other notable features or characteristics of the site.	Draft subdivision plan sufficient.	Yes
Urban Structure and Lot Layout
140	a) Any residential allotments created by Torrens title subdivision should satisfy the following standards: - A minimum width of 15 metres when measured at a distance of 5.5 metres from the front property boundary; - A minimum width of 7 metres measured when side boundaries are extended to the kerb line; A minimum depth of 25 metres; - For lots where the average slope of the development site is equal to, or exceeds 16%, indicative road and driveway grades are required demonstrating satisfactory access.	Not a residential allotment.	N/A
141	a) Battle-axe allotments are discouraged in greenfield development.	N/A	N/A
141	b) Council may consider permitting Torrens Title battle-axe allotments for “infill” development where it is demonstrated that: - A Torrens Title lot, that is not a battle-axe lot, cannot be achieved; and - the number of crossovers do not reduce the amenity of the street or on street parking; and - the impact of noise, dust and headlights on the land owners adjoining the driveway is addressed by the construction of an acoustic fence for the full length of the driveway; and - addresses privacy between the rear lot and the rear open space of the front lot by the provision of adequate screening, larger lot size and setbacks; and - extends utilities to the end of the axe handle; and - There is sufficient space for garbage collection on the frontage.	N/A	N/A
142	a) The subdivision of land with slopes exceeding 25% is generally discouraged.	Slope <25% for the majority of the site where possible development can occur and the lot size is 1996m²and is commercial.	Yes
Infrastructure - Stormwater Management
151	- a) An application for subdivision should be accompanied by a Stormwater Management Strategy prepared by a certified practicing engineer and in accordance with Council’s adopted AUS-SPEC design specification documents.	Stormwater capable of being managed. Appropriate conditions applied required a stormwater management plan prior to subdivision works certificate.	Yes
152	a) All Council owned stormwater infrastructure is designed in accordance with the Council’s AUS-SPEC Design Specification Documents.	Capable of compliance. Suitable consent conditions applied.	Yes
Infrastructure - Water Supply
	- b) For all applicable subdivisions, provision is to be made to provide a separate metered water connection to Council’s main for each lot. All work will need to comply with the requirements of Council’s adopted AUS-SPEC Design and Construction Guidelines and Policies. Details to be provided on a hydraulic plan submitted to Council.	Capable of compliance. Suitable consent conditions applied.	Yes
Infrastructure - Reclaimed Water
154	- a) A reclaimed water supply should be constructed in accordance with Council’s strategy for the provision of reclaimed water supply.	Not available.	N/A
Infrastructure - Sewerage
	- b) For all applicable subdivisions, provision is to be made to provide a separate sewer junction and connection to Council’s main for each lot. All work will need to comply with the requirements of Council’s adopted AUS-SPEC Design and Construction Guidelines and Policies. Details to be provided on an Engineering plan submitted to Council.	Capable of compliance. Suitable consent conditions applied.	Yes

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

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

(iv) Any matters prescribed by the Regulations

Nil

(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 or the public domain.

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

Access, transport and traffic

The proposal will be unlikely to have any 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. Any future development of proposed lot 2 will be capable of addressing traffic impacts given the likely access arrangements connecting to Jungarra Crescent.

Site frontage and access

Vehicle access to the commercial site is remain unchanged, with access via the two existing driveways on Jungarra Crescent. Both of these driveways consist of 6.5m wide, heavy duty crossovers, which allow vehicles to enter/exit the site safely. with (Further discussion regarding proposed accesses to include: customer/staff/service driveways). Future accesses shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

Ocean Drive 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 any works on this road. Details shall be provided as part of a Roads Act (Section 138) application to Council if required.

Parking and manoeuvring

There is an existing sealed (concrete) and line-marked carpark, consisting of a total of 25 parking spaces (including 1 disabled space) provided on-site within proposed lot 1. There are currently two parking signs located in Jungarra Crescent (one at each entrance), directing customers and other users of the site, towards the existing car-parking area.

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

Water supply connection

Council records indicate that the development site has an existing 25mm metered water service from the 100mm AC water main on the same side of Jungarra Crescent. Each proposed lot requires a separate water service. The minimum water service size for commercial developments is 25mm. Appropriate conditions recommended.

Sewer connection

Council records indicate that the development site is connected to Sewer via junction from the sewer main that runs inside the northern property boundary. In addition, Council records indicate that there are a number of junctions from the main that runs along the western property boundary. Each proposed lot requires a separate connection to Council’s sewer system. Appropriate conditions recommended.

Stormwater

Service available – details required with S.68 application. Appropriate conditions recommended.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

No adverse impacts anticipated. The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

Water cycle

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

Soils

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

Air and microclimate

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

Flora and fauna

Construction of the proposed development will not require any removal/clearing of any significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna. Section 5A of the Act is considered to be satisfied.

Waste

No adverse impacts anticipated.

Energy

No adverse impacts anticipated.

Noise and vibration

No adverse impacts anticipated.

Bushfire

The site is identified as being bushfire prone however no residential subdivision is proposed.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

No adverse impacts. Likely positive impacts can be attributed to the construction of the development and associated flow on effects (ie maintained employment and increased expenditure in the area).

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

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

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

Five (5) written submissions were received following public exhibition of the application. Copies of the written submissions have been provided separately to members of the DAP.

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

Submission Issue/Summary	Planning Comment/Response
Availability of parking for existing shopping centre. Insufficient car parking for existing shops. Vacant site often used by parents picking up children from bus and Rural Fire Service volunteers.	An inspection of the site indicates there may be some non-compliance issues with current development consents on the site. Council’s compliance team have been requested to investigate approvals at the site and in particular seating provided external to the commercial components. It is expected this will resolve a significant component of parking issues. Review of previous consents indicate that sufficient parking was provided for the proposals applied for. The vacant area is not required to satisfy parking demand and is not designated for public parking.
Traffic congestion.	At the site inspection it was noted that the area has become a busy neighbourhood centre. Some revision of limiting parking on the northern side of the road at the entry to Jungarra Crescent could be considered as well as the Rural Fire Service considering management of volunteer parking. The review of the compliance matters on site will also assist in reduction of traffic movements in and around the centre.
Safety concerns, cars parking in street blocking lines of sight and speeds too high.	From the site inspection it was noted that the area has become a busy neighbourhood centre. Some revision of limiting parking on the northern side of the road at the entry to Jungarra Crescent could be considered as well as the Rural Fire Service considering management of volunteer parking separate to this DA process. The review of the compliance matters on site will also assist in reduction of traffic movements in and around the centre.

(e) The Public Interest

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

(f) Ecologically Sustainable Development and Precautionary Principle

Ecologically sustainable development requires the effective integration of economic

and environmental considerations in decision-making processes.

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

The principles of ESD require that a balance needs to be struck between the manmade development and the environmental impacts. Based on the assessment

provided in the report and with recommended conditions of consent, it is considered

an appropriate balance has been struck.

(g) Climate change

The proposal is not considered to be vulnerable to any risks associated with climate

change.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Not applicable at this stage in this Business zone. Contributions will be required when site is ultimately developed.

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 ⇩. DA2021 - 202.1 Recommended Conditions

2 ⇩. DA2021 - 202.1 Plans

AGENDA Development Assessment Panel 01 Jul 2021

Item: 08

Subject: DA2021 - 243.1 Dwelling and swimming pool including Clause 4.6 variation to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 2 DP 1242804, 47 Vendul Crescent, Port Macquarie

Report Author: Development Assessment Planner, Clint Tink

Applicant: P Boxhall

Owner: G T & G M Buttigieg

Estimated Cost: $701,730.00

Parcel no: 67766

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2021 - 243.1 for a dwelling and swimming pool including a Clause 4.6 variation to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 2, DP 1242804, No. 47 Vendul Crescent, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a dwelling 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 application includes a Clause 4.6 variation to Clause 4.3 (Height of Buildings) of

the Port Macquarie-Hastings Local Environmental Plan 2011. The variation to the

standard is less than 10% and the application is able to be determined by the

Development Assessment Panel.

The site is considered suitable for the 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 in a significant adverse social, environmental or economic impact.

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

The reason for the application being referred to Council’s Development Assessment Panel (DAP) is because three (3) or more submissions to the proposal have been received. A copy of the DAP Charter outlining the delegations and functions of the DAP is available on Council’s website.

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 450.5m².

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

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Construction of a single dwelling that will contain two and a half storeys above the existing ground level. In particular, there is a basement level containing the garage space, a gym area and cinema room, which will be partially excavated into the ground.

· A swimming pool is proposed to the west of the dwelling.

· A Clause 4.6 variation is proposed to Clause 4.3 (Height of Buildings) of Port

Macquarie-Hastings Local Environmental Plan 2011. The height limit for the

area is 8.5m and part of the dwelling is 8.89m, exceeding the standard by

0.39m. This results in a variation of 4.5%.

Whilst a 4.5% variation is proposed, it is noted that the variation only applies to a small portion of the building.

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

Application Chronology

· 30/3/2021 - Development Application lodged with Council.

· 16-29/4/2021 - Notification period.

· 16/4/2021 - Council staff requested additional information on the rear setback, bushfire assessment and potential overshadowing.

· 22-29/4/2021 - Discussions with the owner and their consultant on the bushfire assessment.

· 28/4/2021 - Essential Energy comments received and provided to the applicant.

· 29/4/2021 - Application referred to the Local NSW Rural Fire Service for comment.

· 6/5/2021 - Applicant responded to the additional information request from 16/4/2021.

· 6-7/5/2021 - Owner requested copies of submissions, which were provided in a redacted state.

· 12/5/2021 - NSW Rural Fire Service provided comments and conditions supporting the application on bushfire grounds.

· 13/5/2021 - NSW Rural Fire Service response was provided to the owner.

· 13-14/5/2021 - A response from the applicant to the submissions was received by Council. Council staff sought clarification on the response, which was provided on 14/5/2021.

· 17/5/2021 - Site inspection carried out.

· 18/5/2021 - Following the site inspection, Council staff requested further information on overshadowing and privacy aspects.

· 18-20/5/2021 - Applicant/owner acknowledged additional information request.

· 3/6/2021 - Applicant responded to additional information request from 18/5/2021.

· 4/6/2021 - Council staff requested further information on the response from 3/6/2021.

· 7/6/2021 - Applicant provided further information on fencing/privacy.

· 7/6/2021 - Revised shadow diagram information was provided to the southern neighbour for their information.

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) 2021

Clause 6 - This SEPP applies to all non-rural zoned land within the Port Macquarie-Hastings Local Government Area.

Clause 11 - The property is less than 1ha in size and does not have a Koala Plan of Management (KPOM) in place. As a result, Clause 11 does not apply.

Clause 12 - Having considered the SEPP, Council is not prevented from granting consent in this case for the following reasons:

1. The property is not subject to a KPOM.

2. The property is cleared and not considered to be core koala habitat.

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

Division 4 - Having considered the provisions of Division 4 (clause 29-31), the proposed development will create no adverse impact on any oyster aquaculture development or priority oyster aquaculture area.

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

Having regard to clause 11 (proximity to littoral rainforest) of this SEPP, the proposed development is not considered likely to result in any of the following:

(a) Identifiable adverse impacts on the biophysical, hydrological and ecological integrity of the nearby littoral rainforest; and

(b) Identifiable impacts to water flows to the nearby littoral rainforest.

In particular, the application is for a single dwelling only on an existing cleared lot with access to suitable stormwater management.

The site is also identified as being located within the coastal use area and coastal environment area.

Having regard to clauses 13 and 14 of the SEPP, the proposed development is not considered likely to result in any of the following:

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

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

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

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

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

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

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

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

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

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

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

State Environmental Planning Policy (Infrastructure) 2007

Clause 45 - Referral to Essential Energy is required for any of the following:

(a) the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,

(b) development carried out:

(i) within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

(ii) immediately adjacent to an electricity substation, or

(iii) within 5m of an exposed overhead electricity power line,

(i) within 30m of a structure supporting an overhead electricity transmission line, measured horizontally from the top of the pool to the bottom of the structure at ground level, or

(ii) within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool.

A referral to Essential Energy was carried out with no objection received. Standard advice about Dial before you Dig was provided, which was forwarded to the applicant.

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 - 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 having regard to the following:

o The proposal is a permissible landuse;

o The development will contribute to the variety of housing types and

− densities to meet the housing needs of the community.

−

· Clause 4.3 - This clause establishes the maximum “height of a building” (or building height) that a building may be built to on any parcel of land. The term “building height (or height of building)” is defined in the LEP to mean “the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like”. The term “ground level (existing)” is also defined in the LEP to mean “the existing level of a site at any point”.

−

− The building height limit for the site is identified on the Height of Buildings Map as being 8.5m. The proposed development is 8.89m, which exceeds the height by 0.39m. This represents a variation of 4.5%. Refer to images below, which demonstrate the sections of the building that exceed the height limit. It is noted that the variation only occurs to a relatively small section of the eastern edge of the top floor, where the existing slope of the land drops away slightly.

−

− In considering the height variation, compliance with the following objectives of Clause 4.3 of the LEP must be considered:

(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,

(c) to minimise the adverse impact of development on heritage conservation areas and heritage items,

(d) to nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan.

−

− In this case, the variation is compliant with the Clause 4.3 objectives for the following reasons:

1. The dwelling presents as a two and half storey building, which is consistent with other dwellings in the area and normally what is allowed via an 8.5m height limit. The bulk of the dwelling has also been reduced by stepping in the top floor.

2. The variation is minor (ie 4.5%) and only applies to a small section of the eastern edge of the top floor. The majority of the built form of the dwelling is well below the height limit.

3. The dwelling and height variation do not create any adverse visual impact, view loss, impact on privacy or loss of solar access. In particular, the area is defined by residential development of a similar scale, there are no views to this lower section of Vendul Crescent, the design incorporates measures to deal with privacy (refer to comments on privacy in the DCP section of this report) and the applicant has provided diagrams confirming no adverse overshadowing.

4. The site or area does not contain any heritage items.

5. The development does not compromise any transition elements of the height controls in the Local Environmental Plan.

−

· Clause 4.4 - The floor space ratio of the proposal is approximately 0.8:1.0, which complies with the maximum 1:1 floor space ratio applying to the site.

· Clause 4.6 - This clause establishes a degree of flexibility for certain development standards in certain circumstances, which have demonstrated that a better planning outcome will occur from that flexibility. In this regard, the proposal seeks a variation to the building height standard as identified under Clause 4.3 of this report. Assistance on the approach to a variation is taken from NSW Land and Environment Court and NSW Court of Appeal decisions in:

1. Wehbe v Pittwater Council (2007) NSW LEC 827 (Wehbe);

2. Four2Five Pty Ltd v Ashfield Council (2015) NSWLEC 1009; and

3. Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) NSWCA 245

The assessment will now step through and address the requirements of Clause 4.6(3) and (4).

Clause 4.6(3) states the following:

4.6(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

Comments: In considering the above, the Applicant has submitted a request in writing (Attachment 3) to justify the contravention of the building height standard for the following reasons (as summarised):

1. Strict compliance would prove unreasonable in this case as the non-compliance with the building height standard will not have a significant impact from the street or surrounding properties.

2. The area of non-compliance is a result of the site’s topography, which has a cross fall from west to east and falls away on the lower eastern side. We also note that the proposal comprises a flat roof to minimise the height encroachment.

3. The area of the non-compliance is unlikely to result in unreasonable amenity impact to surrounding properties and will not detract from the streetscape. The extent of variation is considered appropriate in this instance.

4. The proposal is consistent with other similar dwellings nearby to the site. Most notably, the site directly adjoins a three (3) storey dwelling located on the immediately adjoining eastern property at No.97 Matthew Flinders Drive and is nearby to other similar three storey dwellings to the west along Vendul Crescent.

Clause 4.6(4) states the following:

4.6(4) Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

i. the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

ii. the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

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

The above components of Clause 4.6(4) are repeated below with associated comments on compliance.

4.6(4)(a)(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3)

Comments: It is noted that the applicant has submitted a written request to vary the height limit. This assessment report will now consider whether the request satisfies and adequately addresses the matters required by subclause 3.

In addressing Clause 4.6(3)(a), Wehbe established ‘five methods’ to test whether compliance with the standard was unreasonable or unnecessary as follows:

1. The objectives of the standard are achieved notwithstanding the noncompliance with the numerical standard and therefore compliance is

unnecessary.

2. The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary.

3. The underlying object or purpose of the standard would be defeated or

thwarted if compliance was required and therefore compliance is

unreasonable.

4. The development standard has been virtually abandoned or destroyed by the Council’s own actions in granting a consent to proposals departing from the standard and hence compliance is unreasonable and unnecessary.

5. The zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land.

Having regard to the ‘five methods’, any of which could support consideration of the variation, the following comment is provided:

1. The objectives of the height standard are achieved, notwithstanding the non-compliance with the numerical 8.5m height standard - refer to comments on Clause 4.3 above in this report. Therefore, compliance with the standard is unnecessary in this case.

2. Ensuring compliance for such a minor variation, to such a small section of the top floor and due to a sloping site; is considered unreasonable (ie the majority of the building complies with the standard). The applicant has also cut into the site and reduced the footprint of the top floor to limit the impact. Overall, strict compliance will not result in any significant improved outcome.

−

In addressing Clause 4.6(3)(b) and that there are sufficient environmental planning grounds to justify contravening the development standard, the following comments are provided:

1. The proposed development will meet the objectives of maximum building height - refer to comments on Clause 4.3 above in this report.

2. The building will not have any identifiable adverse impacts to adjoining properties.

3. The proposed variation will not result in a development, which is out of character with that envisioned for the immediate locality.

4. The bulk of the development is acceptable with the proposed FSR for the site being well below that allowed by the 1:1 ratio.

On the basis of the above, it is considered that the Applicant’s Clause 4.6 variation, has adequately addressed the matters required to be demonstrated by Clause 4.6(3).

4.6(4)(a)(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

Comments: Compliance with the zone and height control objectives are addressed earlier in this report. In summary, the development was considered to comply with the relevant zone and height objectives and therefore have no implications on public interest.

4.6(4)(b) the concurrence of the Secretary has been obtained.

Comments: As per the Planning Circular PS20-002, Council can assume the Director’s Concurrence for variations to height. In addition, the variation is less than 10% and able to be determined by the Development Assessment Panel (DAP). If approved or refused by DAP, the decision must also be reported to Council for their information, a public register of variations maintained and quarterly reporting to the Department.

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

· Clause 5.10 - The site does not contain or adjoin any known heritage items or sites of significance. The site is also disturbed from past residential activities.

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

No draft instruments are of relevance to the application.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013:

*DCP 2013: Part B - General Provisions - B2: Environmental Management*
DCP Objective	Development Provisions	Proposed	Complies
3	a) Development must comply with Council’s Developments, Public Place & Events - Waste Minimisation and Management Policy.	Satisfactory arrangements can be put in place for storage and collection of waste. Standard condition recommended for construction waste management.	Yes
Cut and Fill Regrading
4	a) 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 (This does not apply to buildings where such cut and fill is fully retained within or by the external walls of the building).	Areas of cut to be retained by the external walls of the dwelling.	Yes
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	An Engineer will be required to certify the footing and retaining wall design, which will form part of the conditions of consent.	Yes
5	b) Where a combination of a fence and a wall is proposed to be greater than 1.2m high: - be a maximum combined height of 1.8m above existing property boundary level; - be constructed up to the front boundary for a maximum length of 6.0m or 30% of the street frontage, whichever is less; − the fence component has openings which make it not less than 25% transparent; and − provide a 3m x 3m splay for corner sites, and - provide a 900mm x 900mm splay for vehicle driveway entrances.	No new retaining wall fence combinations proposed.	N/A
*DCP 2013: Part B - General Provision - B3: Hazards Management*
Bushfire Hazard Management
18	a) APZs are to be located outside of environmental protection zones and wholly provided within private land. Note perimeter roads provided as part of a residential subdivision are classified as being part of the subdivision and not a separate permissible land use within environment protection zones.	APZs are located within the site. The application was referred to the NSW RFS who provided conditions, noting the use and management of the adjoining Council reserve.	Yes
*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3: - 1 parking space per each dwelling for dwelling-house.	The dwelling contains a garage that accommodates in excess of one (1) parking space.	Yes
*DCP 2013: Part B - General Provisions - B5: Social Impact Assessment and Crime Prevention*
DCP Objective	Development Provisions	Proposed	Complies
Crime Prevention
43	a) The development addresses the generic principles of crime prevention: − Casual surveillance and sightlines; − Land use mix and activity generators; − Definition of use and ownership; − Basic exterior building design; − Lighting; − Way-finding; and − Predictable routes and entrapment locations; − as described in the Crime Prevention Through Environmental Design (CPTED) principles.	The proposed development will be unlikely to create any adverse concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The development will also provide a level of natural surveillance within the locality. Lighting and CCTV can be installed retrospectively by the owner, should they wish to have further security in the future. .	Yes

*DCP 2013: Part C - Development Specific Provisions - C1: Low Density Residential Development*
DCP Objective	Development Provisions	Proposed	Complies
Front Setbacks
44	a) Dwellings may incorporate an articulation zone to a street frontage at no less than 3m from property boundary. The following building elements are permitted within the articulation zone: − 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. b) These building elements should not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.	Articulation zones not utilised. It is noted that there is a set of stairs within the front setback. However, the DCP is silent on stairs within the front setback but they are noted as a common and acceptable element, especially on steeper blocks. In this case, landscaping will also be conditioned around the stairs to ensure the streetscape is not adversely impacted.	N/A
44	c) The primary road front setback shall be: Classified road = any frontage 6.0m Primary frontage = 4.5m Secondary frontage = 3.0m Ancillary Lane = 2.0m Large lot residential and rural zones = 10.0m	Dwelling is setback 4.5m.	Yes
45	a) A garage, carport or car parking space should: − be at least 1m behind the building line, where the dwelling(s) has a setback from a front boundary of 4.5m or more, or − be at least 5.5m from a front boundary, where the dwelling(s) has a setback of less than 4.5m.	Garage is setback over 5.5m and at least 1m behind the building line.	Yes
	b) The total width of the garage/carport openings should not be more than 6m and not more than 50 per cent of the width of the building.	The total width of the garage openings are approximately 10m, which exceeds the 6m requirement and occupies over 50% of the approximate 17m wide dwelling. However, the variation is considered acceptable in this case as the garage is partially excavated into the ground (ie not readily visible from the street) and occupies well below 50% of the overall front façade area. As a result, the garage does not dominate the design or create any adverse impact on the streetscape, street parking or functional vehicle access.	No, but acceptable.
	c) Driveway crossovers are no greater than 5.0m in width.	Driveway crossover is shown to be around 5.8m wide at the kerb. A condition will be imposed to reduce the driveway crossover to the compliant 5m at the kerb and no wider than the width of the garage doors at the boundary. Even though there is a substantial road reserve in front of the property, the above change will further reduce the extent of hardstand areas at the front of the property.	Yes
	d) Where a dual occupancy or attached dwelling is proposed on a corner lot a garage and driveway is provided on each road frontage.	Not a dual occupancy.	N/A
Side and Rear Setbacks
46	a) A minimum rear boundary setback of 4m is to be provided to dwellings (including verandahs, patios and decks).	Refer to comments on 46(c) below.	Yes
	b) A minimum rear boundary setback of 900mm applies to sheds and swimming pools subject to achieving minimum required private open space area.	Pool is setback 900mm to the revised rear setback - see comment on 46(c).	Yes
	c) Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback. In that instance, one side setback should be a minimum 4m in width (for an equivalent length of rear boundary, behind building line) and the rear setback may be reduced to 900mm.	In this case, the applicant has treated the western boundary as the rear setback. At 21.64m, the western boundary is not quite the same length as the 24.12m long southern boundary. However, the 21.64m is still substantial and results in only a minor 10% variation. At the same time, a private open space area is created with far better solar access and usability. There are minor raised elements within the rear setback (ie decking to transition from the dwelling to and around the pool). However, these add more to the usability of the open space rather than creating obstructions to the use of the area or substantial built form encroachments. In support of the change to the rear setback location, the applicant provided diagrams, which illustrate that no adverse overshadowing will occur to neighbouring properties. The applicant is also open to privacy screening being conditioned on the raised deck areas (ie to ensure no adverse impact on privacy). Based on the above, the adjusted rear setback is considered to meet the objectives of the DCP by creating no adverse overshadowing or privacy impacts, retains natural light and ventilation between dwellings and provides a more useable open space.	No, but acceptable.
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	Ground floor areas are setback 900mm.	Yes
	b) First floors and above (including single storey with floor level >1m) should be setback a minimum of 3m from the side boundary, or reduced down to 900mm where it can be demonstrated that the adjoining property’s primary living rooms and principal private open space areas are not adversely overshadowed for more than 3hrs between 9am - 3pm on 21 June.	The raised ground floor area is setback less than 3m to the southern and eastern boundary. The first floor is also setback less than 3m to the eastern boundary. In lieu, a 900mm setback has been provided. Compliant with the DCP, the applicant has shown that the 900mm setback does not result in any adverse overshadowing of a neighbouring primary living area or principal private open space - refer to shadow diagrams contained within Attachment 2. It was noted that the upstairs deck area on the southern neighbouring property already had a privacy screen facing north, which resulted in such a space already being overshadowed (by the screen).	Yes
	c) First floors and above should have building walls that step in and out at least every 12m by a minimum of 500mm articulation. Where first floors and above are setback >3m, wall articulation is not required.	The development contains suitable design elements such as change in materials, openings and articulation to suitably break up the bulk of the dwelling.	Yes
Private Open Space
48.	a) All dwellings should have a minimum area of private open space of 35m2, which includes a principal private open space area with: − a minimum dimension of 4m x 4m, and − a maximum grade of 5% for minimum 4m x 4m of the total open space requirement, and − direct accessibility from a ground floor living area and orientated to maximise use.	The dwelling contains over 35m² of private open space, including a 4m x 4m space directly accessible from a living area.	Yes
	b) Private open space may include clothes drying areas and garbage storage.	Noted.	Yes
Public Domain and Fencing
49	Front fences provisions.	No front fences proposed.	N/A
Bulk and Scale
51	a) Direct views between indoor living rooms and principal private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots, including possible dwellings on future lots, should be obscured or screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius. − Direct views between principal private open space areas where within a 12m radius. − Direct views between indoor living rooms of dwellings into the principal area of private open space of other dwellings within a 12m radius.	The development will not compromise privacy in the area due to a combination of lack of windows on relevant boundaries, use of obscure windows, high sill windows, limiting living areas that face adjoining living areas/open space, compliant separation and use of screening/fencing. A privacy screen will also be required/conditioned along the southern edge of the raised deck to obscure views to the south (see below with the yellow section representing the location a screen is required). It is also noted that whilst the living and deck area of the adjoining 45 Vendul Crescent does allow overlooking of the proposed pool area (see below), the majority of the outlook is towards the north/north east. Nonetheless, screening will also be provided to the western boundary to help obscure the view further.	Yes
	b) A balcony, deck, patio, pergola, terrace or verandah should have a privacy screen where there are direct views of: − Indoor living room windows of adjacent dwellings, including proposed dwellings approved on adjoining lots within 9m radius; or − Principal areas of private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots within a 12m radius.	Refer to comment on 51(a).	Yes
	c) Privacy protection is not required for: − Any Indoor living room windows with a sill height of greater than 1.5m above the finished floor level of that room or where fixed non-openable translucent glass is installed to the same height.	Refer to comment on 51(a).	Yes
	d) Direct views described above may be reduced or obscured by one of the following measures (details to be submitted with the development application): − 1.8m high fence or wall between ground-floor level windows or between a dwelling and principal private open space − Screening of minimum 1.7m height, that has 25% openings (max), with no individual opening more than 30mm wide, is permanently fixed and is made of durable materials. − A window, the whole of which has translucent glass and is not able to be opened.	Refer to comment on 51(a).	Yes

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

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

(iv) Any matters prescribed by the Regulations

None 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 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.

Access, traffic and transport

Water supply connection

Service available – details required with Section 68 application. An appropriate standard condition is recommended.

Sewer connection

The proposed works are clear (>600mm) of the existing sewer junction and main traversing the site.

Service available - details required with Section 68 application. An appropriate standard condition is recommended.

Stormwater

Service available - details required with Section 68 application. An appropriate standard condition is recommended.

Other utilities

Telecommunication and electricity services are available to the site.

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

The site is not located within a Biodiversity Values mapped area, is disturbed from past residential uses and will not require any removal/clearing of any native vegetation. As a result, the development does not trigger the biodiversity offsets scheme and 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

Bushfire

The site is identified as being bushfire prone.

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

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

As the assessment also made reference to the adjoining Council reserve, referral to the Local Rural Fire Service (RFS) was undertaken to ensure Council would not be burdened with any maintenance requirement. The NSW RFS subsequently reviewed the proposal and made recommendations, none of which burdened Council. The NSW RFS also reiterated the need for BAL 12.5 construction.

Based on the above, management of bushfire risk is acceptable subject to BAL construction levels being implemented and APZ being maintained. Appropriate conditions are recommended.

Safety, security and crime prevention

The proposed development will be unlikely to create any adverse concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The development will also provide a level of natural surveillance within the locality.

Lighting and CCTV can be installed retrospectively by the owner, should they wish to have further security in the future.

Social impacts in the locality

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

Economic impact in the locality

Site design and internal design

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

Construction

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

Cumulative Impacts

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

(c) The suitability of the site for the development

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

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

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

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

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

Submission Issue/Summary	Planning Comment/Response
The proposal does not comply with the height limit and should be amended to comply. Council has a recent example/precedent for compliance with the height limit at 97 Matthew Flinders Drive (neighbour). The dwelling on that property exceeded the height limit and was subsequently amended to comply. There is no valid case for a variation and suggest that ceiling heights be adjusted to ensure compliance.	The acceptability of the height variation is considered under the Port Macquarie-Hastings Local Environmental Plan 2011 section of this report, specifically Clauses 4.3 and 4.6. Whilst the application on the adjoining 97 Matthew Flinders Drive is noted, the subject proposal has been considered on merit and deemed acceptable. It is also considered that no precedent was established at 97 Matthew Flinders Drive. Whilst there is scope to amend ceiling heights, it is not considered reasonable to amend several floor levels/ceiling heights to ensure a minor section of the building is made compliant. Especially, when the current ceiling heights are not excessive and the variation occurs mainly from a change in topography onsite. The change to the floor levels would also not result in any noticeable improved outcome on where the variation is being sought (ie no adverse impacts are created from the variation).
Loss of privacy to adjoining dwellings.	Refer to comments on Clause 51 in the DCP 2013 section of this report, which addresses privacy.
Overshadowing impacts to adjoining dwellings.	Refer to comments on Clause 46 and 47 in the DCP 2013 section of this report, which considers overshadowing. In particular, the applicant has provided shadow diagrams that illustrate compliant overshadowing.
The presence/dominance of the dwelling in close proximity to boundaries. Expect a greater setback to above ground levels. Suggested that the dwelling be moved further away from boundaries.	Refer to comments on Clause 46 & 47 in the DCP 2013 section of this report, which considers setbacks. The setbacks and bulk of the building are considered acceptable with the development being substantially excavated into the site and the first floor being stepped in. The proposed FSR is also well below that allowed by the 1:1 ratio.

(e) The Public Interest

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

(f) Ecologically Sustainable Development and Precautionary Principle

Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes.

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

(g) Climate change

The proposal is not considered to be vulnerable to any risks associated with climate change.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

As the development is for a single dwelling on an approved residential zoned lot, development contributions will not be required.

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 ⇩. DA2021 - 243.1 Recommended Conditions

2 ⇩. DA2021 - 243.1 Plans

3 ⇩. DA2021 - 243.1 Clause 4.6 Justification

AGENDA Development Assessment Panel 01 Jul 2021

Item: 09

Subject: DA2021 - 306.1 Dual Occupancy and Strata Subdivision at Lot 170 DP 1229414 No. 27 Allport Avenue Thrumster.

Report Author: Development Assessment Planner, Steven Ford

Applicant: Ivision Corporate Investments Pty Ltd

Owner: Ivision Corporate Investments Pty Ltd

Estimated Cost: $509,921

Parcel no: 66771

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2021 - 306 for a Dual Occupancy and Strata Subdivision at Lot 170, DP 1229414, No. 27 Allport Avenue, Thrumster, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a Dual Occupancy and Strata 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, three (3) submissions were received.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 554m².

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:

· 2x 3 bedroom Dual Occupancy and Strata Subdivision

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

Application Chronology

· 22 April 2021 - Application lodged

· 28 April to 11 May 2021 - Public exhibition via neighbour notification

· 25 May 2021 - Determination from NSW Rural Fire Service 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) 2021

Clause 6 - This SEPP applies to all non-rural zoned land within the Port Macquarie-Hastings Local Government Area.

Clause 10 - The land is subject to the Area 13 (Thrumster) Koala Plan of Management, but is not identified as being potential or core koala habitat in that plan (see below).

The specific provisions relating to development in potential or core koala habitat areas are not applicable to the proposal, but it is considered to be consistent with the General Provisions in Part 3, as follows:

Provision	Comment
3(C) Clearing of native vegetation	The proposal does not involve the clearing of any native vegetation and
3(D) Protection of Koalas from undue disturbance	The proposal does not include any works within 25m of a tree that could contain a koala. Provision is not applicable.
3(E) Swimming pools	The proposal does not include a swimming pool.
3(F) Habitat Linkages and Buffers	No habitat linkages or buffers traverse the site.
3(G) Habitat restoration	No habitat linkages or buffers traverse the site. Habitat restoration is not applicable.
3(H) Koala Release Area	Not applicable. The koala release area is not associated with the subject site.
3(I) Roads	No roads are proposed to cross a habitat linkage or buffer.
3(J) Community Education	Noted, but not applicable to the proposal.

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

A BASIX certificate (number 1188988S and 1189038S) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

State Environmental Planning Policy (Infrastructure) 2007

Clause 45 - Development in proximity to electricity infrastructure - referral to Essential Energy has been completed having regard for any of the following:

(a) the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,

(b) development carried out:

(i) within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

(ii) immediately adjacent to an electricity substation, or

(iii) within 5m of an exposed overhead electricity power line,

(i) within 30m of a structure supporting an overhead electricity transmission line, measured horizontally from the top of the pool to the bottom of the structure at ground level, or

(ii) within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool.

As the development has potential for driveways to excavate near underground electricity, a referral to Essential Energy was carried out. Essential Energy subsequently raised no objection.

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 dual occupancy is a permissible landuse with consent. Following subdivision, each lot will contain a semi-detached dwelling.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

o The proposal is a permissible landuse;

o The development will contribute to the variety of housing types and densities to meet the housing needs of the community.

· Clause 4.1 - The lot sizes within the proposed subdivision range from 246.71m2 to 308.08m2. The minimum 450m² lot size for subdivision does not apply - refer to Clause 4.1A below.

· Clause 4.1A - The minimum lot sizes do not apply to the proposal as it is characterised dual occupancy development.

· Clause 4.3 & 4.4 - There are no height or FSR requirements applicable to the property. Nonetheless, the design, height and FSR are consistent with surrounding development.

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013:

*DCP 2013: Part B - General Provisions - B2: Environmental Management*
DCP Objective	Development Provisions	Proposed	Complies
3	a) Development must comply with Council’s Developments, Public Place & Events - Waste Minimisation and Management Policy.	Satisfactory arrangements can be put in place for storage and collection of waste. Standard condition recommended for construction waste management.	Yes
Cut and Fill Regrading
4	a) 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 (This does not apply to buildings where such cut and fill is fully retained within or by the external walls of the building).	Minimal cut and fill is required for site preparation. Retaining walls are not proposed.	Yes
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	Retaining walls are not proposed.	NA
5	b) Where a combination of a fence and a wall is proposed to be greater than 1.2m high: - be a maximum combined height of 1.8m above existing property boundary level; - be constructed up to the front boundary for a maximum length of 6.0m or 30% of the street frontage, whichever is less; − the fence component has openings which make it not less than 25% transparent; and − provide a 3m x 3m splay for corner sites, and - provide a 900mm x 900mm splay for vehicle driveway entrances.	Retaining wall and fence combinations are not proposed.	NA

*DCP 2013: Part B - General Provision - B3: Hazards Management*
Bushfire Hazard Management
18	a) APZs are to be located outside of environmental protection zones and wholly provided within private land. Note perimeter roads provided as part of a residential subdivision are classified as being part of the subdivision and not a separate permissible land use within environment protection zones.	There are no APZ’s proposed in environmental protection zones.	NA
Flooding
19	a) Development must comply with Council’s Floodplain Management Plan and Flood Policies.	The site is mapped as flood prone, however the mapping pre-dates the filling and subdivision of the land. Development will comply.	Yes

*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3. / 1 parking space per each dwelling for dwelling-houses/dual occupancies/semi-detached dwellings.	2 off-street parking spaces provided.		Yes
Parking Layout
28	c) Parking spaces shall generally be behind the building line but may be located between the building line and the street when: − it is stacked parking in the driveway; or − it can be demonstrated that improvements to the open space provided will result; and − the spaces are screened (densely landscaped or similar) from the street by a landscaping with a minimum width of 3.0m for the entire length of the parking area.	Parking spaces are provided within the garages.		Yes
	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking.	Garage dimensions are capable of complying.		Yes
34	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	Residential driveway only. No adverse impacts identifiable.		Yes
	b) Council will not permit the discharge of stormwater directly into kerbing and guttering or table drains for any development other than that of a minor nature.	Discharge to integrated stormwater system provided as part of the parent subdivision.		Yes

*DCP 2013: Part B - General Provisions - B5: Social Impact Assessment and Crime Prevention*
DCP Objective	Development Provisions	Proposed	Complies
Crime Prevention
43	a) The development addresses the generic principles of crime prevention: − Casual surveillance and sightlines; − Land use mix and activity generators; − Definition of use and ownership; − Basic exterior building design; − Lighting; − Way-finding; and − Predictable routes and entrapment locations; − as described in the Crime Prevention Through Environmental Design (CPTED) principles.	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes

*DCP 2013: Part C - Development Specific Provisions - C1: Low Density Residential Development*
DCP Objective	Development Provisions	Proposed	Complies
Front Setbacks
44	a) Dwellings may incorporate an articulation zone to a street frontage at no less than 3m from property boundary. The following building elements are permitted within the articulation zone: − 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. b) These building elements should not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.	Front Porch Posts area minimum 4.131m (Unit 1) and 3.75m (Unit 2). Porch roofline satisfactorily integrated into the roof design.	Yes
44	c) The primary road front setback shall be: Classified road = any frontage 6.0m Primary frontage = 4.5m Secondary frontage = 3.0m Ancillary Lane = 2.0m Large lot residential and rural zones = 10.0m	Minimum front setback to primary frontage: Unit 1 - 4.985m Unit 2 - 4.5m	Yes
45	a) A garage, carport or car parking space should: − be at least 1m behind the building line, where the dwelling(s) has a setback from a front boundary of 4.5m or more, or − be at least 5.5m from a front boundary, where the dwelling(s) has a setback of less than 4.5m.	Both garages are located 1.145m behind the building line and 5.692m from the front boundary.	Yes
	b) The total width of the garage/carport openings should not be more than 6m and not more than 50 per cent of the width of the building.	The width of garage opening is 4.2m and does not exceed 50% of dwelling width for either dwelling.	Yes
	c) Driveway crossovers are no greater than 5.0m in width.	Maximum 5m wide shared driveway crossover proposed.	Yes
	d) Where a dual occupancy or attached dwelling is proposed on a corner lot a garage and driveway is provided on each road frontage.	NA	NA
Side and Rear Setbacks
46	a) A minimum rear boundary setback of 4m is to be provided to dwellings (including verandahs, patios and decks).	Minimum rear setbacks: Unit 1 - 4.85m Unit 2 - 5.2m	Yes
	b) A minimum rear boundary setback of 900mm applies to sheds and swimming pools subject to achieving minimum required private open space area.	NA - No shed or pool proposed.	NA
	c) Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback. In that instance, one side setback should be a minimum 4m in width (for an equivalent length of rear boundary, behind building line) and the rear setback may be reduced to 900mm.	NA - no variation proposed	NA
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	Unit 1 - 1.91m Unit 2 - 0.98m Proposed side setbacks satisfy this clause.	Yes
	b) First floors and above (including single storey with floor level >1m) should be setback a minimum of 3m from the side boundary, or reduced down to 900mm where it can be demonstrated that the adjoining property’s primary living rooms and principal private open space areas are not adversely overshadowed for more than 3hrs between 9am - 3pm on 21 June.	NA - none proposed.	NA
	c) First floors and above should have building walls that step in and out at least every 12m by a minimum of 500mm articulation. Where first floors and above are setback >3m, wall articulation is not required.	NA - none proposed.	NA
Private Open Space
48.	a) All dwellings should have a minimum area of private open space of 35m2, which includes a principal private open space area with: − a minimum dimension of 4m x 4m, and − a maximum grade of 5% for minimum 4m x 4m of the total open space requirement, and − direct accessibility from a ground floor living area and orientated to maximise use.	Unit 1 - 125m2 Unit 2 - 56m2 Both units have an area greater than 4m x 4m of useable area.	Yes
	b) Private open space may include clothes drying areas and garbage storage.	Drying areas noted on site plans.	Yes
Public Domain and Fencing
49	a) Front fences built forward of the building line for the primary road frontage should be detailed on the development application plans.	No front fence proposed.	NA
	b) Solid Front fences up to 1.2m high should be: − Setback 1.0m from the front boundary, and − Suitably landscaped to reduce visual impact, and − Provide a 3m x 3m splay for corner sites.	No F[front fence proposed	NA
	b) Front fences proposed to be more than 1.2m high should be a maximum of 1.8m in height, above existing front property boundary level, and either: − Include landscaped recesses having minimum dimensions of 1.8m long x 900mm deep which occupy no less than 50% of the total length of the fence, or − be erected up to the front boundary for a maximum length of 6.0m or 50% of the street frontage,	NA	NA
	c) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);	NA	NA
	d) provide a 3m x 3m splay for corner sites, and	NA	NA
	e) provide a 900mm x 900mm splay for vehicle driveway entrances.	NA	NA
Bulk and Scale
51	a) Direct views between indoor living rooms and principal private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots, including possible dwellings on future lots, should be obscured or screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius. − Direct views between principal private open space areas where within a 12m radius. − Direct views between indoor living rooms of dwellings into the principal area of private open space of other dwellings within a 12m radius.	Direct views between dwellings and areas of private open space will be obscured by side boundary fencing.	Yes
	b) A balcony, deck, patio, pergola, terrace or verandah should have a privacy screen where there are direct views of: − Indoor living room windows of adjacent dwellings, including proposed dwellings approved on adjoining lots within 9m radius; or − Principal areas of private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots within a 12m radius.	Direct views from alfresco patio areas will be obscured by side boundary fencing.	Yes
	c) Privacy protection is not required for: − Any Indoor living room windows with a sill height of greater than 1.5m above the finished floor level of that room or where fixed non-openable translucent glass is installed to the same height.	NA	NA
	d) Direct views described above may be reduced or obscured by one of the following measures (details to be submitted with the development application): − 1.8m high fence or wall between ground-floor level windows or between a dwelling and principal private open space − Screening of minimum 1.7m height, that has 25% openings (max), with no individual opening more than 30mm wide, is permanently fixed and is made of durable materials. − A window, the whole of which has translucent glass and is not able to be opened.	Direct views will be obscured by side boundary fencing.	Yes
Ancillary Development
56	a) For ancillary development in R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, R5 Large Lot Residential and RU5 Village zones: − The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot should not be more than 4.8m above ground level (existing). − The building should be single storey construction with a maximum roof pitch of 24 degrees. − The maximum area of the building should be 60m2 for lots less than 900m² and maximum of 100m² for larger lots. − Ancillary development that is a garage, or an outbuilding, or a rainwater tank should not be located in front of the main building line with the exception of swimming pools.	No ancillary development proposed.	NA

(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 and this development application.

(iv) Any matters prescribed by the Regulations

Nil

(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 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.

Access, traffic and transport

Water

Council records indicate that the development site has an existing 20mm sealed water service from the 100 PVC water main and 100 PVC recycled water main on the opposite side of Allport Avenue. Each lot requires an individual metered water service. Plans to indicate if additional recycled water service to be installed.

Appropriate conditions are recommended in this regard.

Sewer

Council records indicate that the development site is connected to Sewer via junction to the existing sewer line that runs inside the western property boundary. Each lot to use existing junction.

Appropriate conditions are recommended in this regard.

Stormwater

Stormwater infrastructure exists within the area and is capable of servicing the development – details required with S.68 application. Unit 1 stormwater proposed to connect to existing junction pit in north east corner of site. A new stormwater junction to be created at south western corner to serve Unit 2.

Appropriate conditions are recommended in this regard.

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

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. 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 identified as being bushfire prone.

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

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The increase in housing density will improve natural surveillance within the locality and openings from each dwelling overlook common and private areas.

Social impacts in the locality

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

Economic impact in the locality

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.

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

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

Following exhibition of the application in accordance with DCP 2013, three submissions received. Key issues raised in the submissions received and comments are provided as follows:

Submission Issue/Summary	Planning Comment/Response
Density of development - 2x dual occupancy developments on consecutive lots.	Lots 170 and 171 Allport Avenue are existing lots. There are two development applications being reviewed for a dual occupancy housing and strata subdivision on each lot. The site is zoned R1 General Residential. Within this zone both Dual Occupancy and multi-dwelling housing are permissible landuse. The objectives of this zone are particularly noted to encourage and allow for a variety of housing types and densities. With regards to the Sovereign Hills Land Sales Design Guidelines from March 2020, this is not an approved Council policy. With fairness, this is not a document Council can determine an application against. The document is more related to a civil matter between the original developer and property purchasers. Individually, both proposals meet the requirements of both the Port Macquarie Hastings Local Environment Plan 2011 and the Development Control Plan 2013. The individual proposals are not considered an overdevelopment of the site.
Council must consider that over 25% of properties in one small street being dual occupancy is excessive	With regards to the type of residential development, Council determines developments based on permissibility and not percentages of allowable development. The site is zoned R1 General Residential and within this zone Dual Occupancy development is permissible with consent. Refusal of this application based on the number of existing dual occupancies within the vicinity is not justifiable.
Accumulative traffic congestion	Council’s Development Engineer has reviewed the proposal and advised that the immediate local road network will be suitable to cater for the increased demand. The accumulative traffic concerns raised are not the subject of this application and would need to be raised with Council’s Rangers if residential continually block pedestrian paths. Refusal of the application on these grounds is not justified.
Similar developments rely on street parking due to limited off-street parking and block pedestrian footpaths.	As discussed earlier in this report, the individual dual occupancies comply with the Development Control Plan 2013 off-street car parking requirement of 1 parking space per each dwelling for dual occupancies/semi-detached dwellings. A total of 2 spaces per development. If the proposal was a multi-dwelling development consisting of 4 x 3 bedroom dwellings, the proposal would require 1.5 spaces per each 3 or 4 bedroom unit + 1 visitor’s space per 4 units. This would equate to a total of 7 off-street car parking spaces required across the multi dwelling development. However, the assessment needs to be based on the merits of the individual application and the proposal satisfies the off-street parking requirements of the Development Control Plan 2013.
Occupancy numbers and type of residents	Both dwellings are considered 3 bedroom dwellings. This is based on all habitable rooms that are considered capable of being a bedroom. This is what has been used to calculate the off-street car parking requirements. For this type of development there are no mechanism to further consider potential maximum occupancy numbers of each dwelling, nor could refusal of this application be supported based on the occupancy numbers or type of residents.

(e) The Public Interest

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

(f) Ecologically Sustainable Development and Precautionary Principle

Ecologically sustainable development requires the effective integration of economic

and environmental considerations in decision-making processes.

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

The principles of ESD require that a balance needs to be struck between the manmade development and the environmental impacts. Based on the assessment

provided in the report and with recommended conditions of consent, it is considered

an appropriate balance has been struck.

(g) Climate change

The proposal is not considered to be vulnerable to any risks associated with climate

change.

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 ⇩. DA2021 - 306.1 Recommended Conditions

2 ⇩. DA2021 - 306.1 Plans

3 ⇩. DA2021 - 306.1 Development Contributions Estimate

AGENDA Development Assessment Panel 01 Jul 2021

Item: 10

Subject: DA2021 - 349.1 Dual Occupancy and Strata Subdivision at Lot 171, DP 1229414, No. 29 Allport Avenue, Thrumster

Report Author: Development Assessment Planner, Steven Ford

Applicant: Ivision Corporate Investments Pty Ltd

Owner: Ivision Corporate Investments Pty Ltd

Estimated Cost: $509,921

Parcel no: 66772

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2021 - 349 for a Dual Occupancy and Strata Subdivision at Lot 171, DP 1229414, No. 29 Allport Avenue, Thrumster, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 554m².

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:

· 2x 3-bedroom Dual Occupancy and Strata Subdivision

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

Application Chronology

· 06 May 2021 - Application Lodged

· 12 May to 25 May 2021 - Public Exhibition via neighbour notification

· 12 May 2021 - Referral to NSW Rural Fire Service.

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) 2021

Clause 6 - This SEPP applies to all non-rural zoned land within the Port Macquarie-Hastings Local Government Area.

Clause 10 - The land is subject to the Area 13 (Thrumster) Koala Plan of Management, but is not identified as being potential or core koala habitat in that plan (see below).

Provision	Comment
3(C) Clearing of native vegetation	The proposal does not involve the clearing of any native vegetation and
3(D) Protection of Koalas from undue disturbance	The proposal does not include any works within 25m of a tree that could contain a koala. Provision is not applicable.
3(E) Swimming pools	The proposal does not include a swimming pool.
3(F) Habitat Linkages and Buffers	No habitat linkages or buffers traverse the site.
3(G) Habitat restoration	No habitat linkages or buffers traverse the site. Habitat restoration is not applicable.
3(H) Koala Release Area	Not applicable. The koala release area is not associated with the subject site.
3(I) Roads	No roads are proposed to cross a habitat linkage or buffer.
3(J) Community Education	Noted, but not applicable to the proposal.

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

A BASIX certificate (number 1192531S and 1192632S) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

State Environmental Planning Policy (Infrastructure) 2007

Clause 45 - Development in proximity to electricity infrastructure - referral to Essential Energy has been completed having regard for any of the following:

(a) the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,

(b) development carried out:

(i) within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

(ii) immediately adjacent to an electricity substation, or

(iii) within 5m of an exposed overhead electricity power line,

(i) within 30m of a structure supporting an overhead electricity transmission line, measured horizontally from the top of the pool to the bottom of the structure at ground level, or

(ii) within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool.

As the development has potential for driveways to excavate near underground electricity, a referral to Essential Energy was carried out. Essential Energy subsequently raised no objections.

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 dual occupancy is a permissible landuse with consent. Following subdivision, each lot will contain a semi-detached dwelling.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

o The proposal is a permissible landuse;

o The development will contribute to the variety of housing types and

2. densities to meet the housing needs of the community.

· Clause 4.1 - The lot sizes within the proposed subdivision range from 262.2m2 to 292.5m2. The minimum 450m² lot size for subdivision does not apply - refer to Clause 4.1A below.

· Clause 4.1A - The minimum lot sizes do not apply to the proposal as it is characterised dual occupancy development.

· Clause 4.3 & 4.4 - There are no height or FSR requirements applicable to the property. Nonetheless, the design, height and FSR is consistent with surrounding development.

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013:

*DCP 2013: Part B - General Provisions - B2: Environmental Management*
DCP Objective	Development Provisions	Proposed	Complies
3	a) Development must comply with Council’s Developments, Public Place & Events - Waste Minimisation and Management Policy.	Satisfactory arrangements can be put in place for storage and collection of waste. Standard condition recommended for construction waste management.	Yes
Cut and Fill Regrading
4	a) 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 (This does not apply to buildings where such cut and fill is fully retained within or by the external walls of the building).	Minimal cut and fill is required for site preparation. No retaining walls are proposed.	Yes
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	Retaining walls are not proposed.	NA
5	b) Where a combination of a fence and a wall is proposed to be greater than 1.2m high: - be a maximum combined height of 1.8m above existing property boundary level; - be constructed up to the front boundary for a maximum length of 6.0m or 30% of the street frontage, whichever is less; − the fence component has openings which make it not less than 25% transparent; and − provide a 3m x 3m splay for corner sites, and - provide a 900mm x 900mm splay for vehicle driveway entrances.	Retaining wall and fence combinations are not proposed.	NA

*DCP 2013: Part B - General Provision - B3: Hazards Management*
Bushfire Hazard Management
18	a) APZs are to be located outside of environmental protection zones and wholly provided within private land. Note perimeter roads provided as part of a residential subdivision are classified as being part of the subdivision and not a separate permissible land use within environment protection zones.	There are no APZ’s proposed in environmental protection zones.	NA
Flooding
19	a) Development must comply with Council’s Floodplain Management Plan and Flood Policies.	The site is mapped as flood prone, however the mapping pre-dates filling and subdivision of the land. Development will comply.	Yes

*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3. 1 parking space per each dwelling for dwelling-houses/dual occupancies/semi-detached dwellings.	2x 3 bedroom dwellings requires 2 off street car parking spaces. Total of 2 off-street parking spaces provided.		Yes
Parking Layout
28	c) Parking spaces shall generally be behind the building line but may be located between the building line and the street when: − it is stacked parking in the driveway; or − it can be demonstrated that improvements to the open space provided will result; and − the spaces are screened (densely landscaped or similar) from the street by a landscaping with a minimum width of 3.0m for the entire length of the parking area.	Parking spaces are provided within the garages.		Yes
	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking.	Garage dimensions are capable of complying.		Yes
34	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	Residential driveway only. No adverse impacts identifiable.		Yes
	b) Council will not permit the discharge of stormwater directly into kerbing and guttering or table drains for any development other than that of a minor nature.	Discharge to integrated stormwater system provided as part of the parent subdivision.		Yes

*DCP 2013: Part B - General Provisions - B5: Social Impact Assessment and Crime Prevention*
DCP Objective	Development Provisions	Proposed	Complies
Crime Prevention
43	a) The development addresses the generic principles of crime prevention: − Casual surveillance and sightlines; − Land use mix and activity generators; − Definition of use and ownership; − Basic exterior building design; − Lighting; − Way-finding; and − Predictable routes and entrapment locations; − as described in the Crime Prevention Through Environmental Design (CPTED) principles.	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes

*DCP 2013: Part C - Development Specific Provisions - C1: Low Density Residential Development*
DCP Objective	Development Provisions	Proposed	Complies
Front Setbacks
44	a) Dwellings may incorporate an articulation zone to a street frontage at no less than 3m from property boundary. The following building elements are permitted within the articulation zone: − 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. b) These building elements should not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.	Front Porch Posts area minimum 4.192m (Unit 1) and 3.767m (Unit 2). Porch roofline satisfactorily integrated into the roof design.	Yes
44	c) The primary road front setback shall be: Classified road = any frontage 6.0m Primary frontage = 4.5m Secondary frontage = 3.0m Ancillary Lane = 2.0m Large lot residential and rural zones = 10.0m	Minimum front setback to primary frontage: Unit 1 - 4.942m Unit 2 - 4.517m	Yes
45	a) A garage, carport or car parking space should: − be at least 1m behind the building line, where the dwelling(s) has a setback from a front boundary of 4.5m or more, or − be at least 5.5m from a front boundary, where the dwelling(s) has a setback of less than 4.5m.	Both garages are located 1.130m behind the building line and 5.725m from the front boundary.	Yes
	b) The total width of the garage/carport openings should not be more than 6m and not more than 50 per cent of the width of the building.	The width of garage opening is 4.8m and does not exceed 50% of dwelling width for either dwelling.	Yes
	c) Driveway crossovers are no greater than 5.0m in width.	Maximum 5m wide shared driveway crossover proposed.	Yes
	d) Where a dual occupancy or attached dwelling is proposed on a corner lot a garage and driveway is provided on each road frontage.	NA	NA
Side and Rear Setbacks
46	a) A minimum rear boundary setback of 4m is to be provided to dwellings (including verandahs, patios and decks).	Minimum rear setbacks: Unit 1 - 4.806m Unit 2 - 5.405m	Yes
	b) A minimum rear boundary setback of 900mm applies to sheds and swimming pools subject to achieving minimum required private open space area.	NA - No shed or pool proposed.	NA
	c) Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback. In that instance, one side setback should be a minimum 4m in width (for an equivalent length of rear boundary, behind building line) and the rear setback may be reduced to 900mm.	NA - no variation proposed	NA
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	Unit 1 - 1.48m to 3.594m Unit 2 - 1.5m Proposed side setbacks satisfy this clause.	Yes
	b) First floors and above (including single storey with floor level >1m) should be setback a minimum of 3m from the side boundary, or reduced down to 900mm where it can be demonstrated that the adjoining property’s primary living rooms and principal private open space areas are not adversely overshadowed for more than 3hrs between 9am - 3pm on 21 June.	NA - none proposed.	NA
	c) First floors and above should have building walls that step in and out at least every 12m by a minimum of 500mm articulation. Where first floors and above are setback >3m, wall articulation is not required.	NA - none proposed.	NA
Private Open Space
48.	a) All dwellings should have a minimum area of private open space of 35m2, which includes a principal private open space area with: − a minimum dimension of 4m x 4m, and − a maximum grade of 5% for minimum 4m x 4m of the total open space requirement, and − direct accessibility from a ground floor living area and orientated to maximise use.	Unit 1 - 112m2 Unit 2 - 53m2 Both units have an area greater than 4m x 4m of useable area.	Yes
	b) Private open space may include clothes drying areas and garbage storage.	Drying areas noted on site plans.	Yes
Public Domain and Fencing
49	a) Front fences built forward of the building line for the primary road frontage should be detailed on the development application plans.	No front fence proposed.	NA
	b) Solid Front fences up to 1.2m high should be: − Setback 1.0m from the front boundary, and − Suitably landscaped to reduce visual impact, and − Provide a 3m x 3m splay for corner sites.	No front fence proposed	NA
	b) Front fences proposed to be more than 1.2m high should be a maximum of 1.8m in height, above existing front property boundary level, and either: − Include landscaped recesses having minimum dimensions of 1.8m long x 900mm deep which occupy no less than 50% of the total length of the fence, or − be erected up to the front boundary for a maximum length of 6.0m or 50% of the street frontage,	NA	NA
	c) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);	NA	NA
	d) provide a 3m x 3m splay for corner sites, and	NA	NA
	e) provide a 900mm x 900mm splay for vehicle driveway entrances.	NA	NA
Bulk and Scale
51	a) Direct views between indoor living rooms and principal private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots, including possible dwellings on future lots, should be obscured or screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius. − Direct views between principal private open space areas where within a 12m radius. − Direct views between indoor living rooms of dwellings into the principal area of private open space of other dwellings within a 12m radius.	Direct views between dwellings and areas of private open space will be obscured by side boundary fencing.	Yes
	b) A balcony, deck, patio, pergola, terrace or verandah should have a privacy screen where there are direct views of: − Indoor living room windows of adjacent dwellings, including proposed dwellings approved on adjoining lots within 9m radius; or − Principal areas of private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots within a 12m radius.	Direct views from alfresco patio areas will be obscured by side boundary fencing.	Yes
	c) Privacy protection is not required for: − Any Indoor living room windows with a sill height of greater than 1.5m above the finished floor level of that room or where fixed non-openable translucent glass is installed to the same height.	NA	NA
	d) Direct views described above may be reduced or obscured by one of the following measures (details to be submitted with the development application): − 1.8m high fence or wall between ground-floor level windows or between a dwelling and principal private open space − Screening of minimum 1.7m height, that has 25% openings (max), with no individual opening more than 30mm wide, is permanently fixed and is made of durable materials. − A window, the whole of which has translucent glass and is not able to be opened.	Direct views will be obscured by side boundary fencing.	Yes
Ancillary Development
56	a) For ancillary development in R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, R5 Large Lot Residential and RU5 Village zones: − The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot should not be more than 4.8m above ground level (existing). − The building should be single storey construction with a maximum roof pitch of 24 degrees. − The maximum area of the building should be 60m2 for lots less than 900m² and maximum of 100m² for larger lots. − Ancillary development that is a garage, or an outbuilding, or a rainwater tank should not be located in front of the main building line with the exception of swimming pools.	No ancillary development proposed.	NA

(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 and this development application.

(iv) Any matters prescribed by the Regulations

Nil

(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 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.

Access, traffic and transport

Water

Appropriate conditions are recommended in this regard.

Sewer

Council records indicate that the development site is connected to Sewer via junction to the existing sewer line that runs inside the western property boundary. Each lot to use existing junction.

Appropriate conditions are recommended in this regard.

Stormwater

Appropriate conditions are recommended in this regard.

Other utilities

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. 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 identified as being bushfire prone.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

Site design and internal design

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

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

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

Following exhibition of the application in accordance with DCP 2013, three submissions received. Key issues raised in the submissions received and comments are provided as follows:

Submission Issue/Summary	Planning Comment/Response
Density of development - 2x dual occupancy developments on consecutive lots.	Lots 170 and 171 Allport Avenue are existing lots. There are two development applications being reviewed for a dual occupancy housing and strata subdivision on each lot. The site is zoned R1 General Residential. Within this zone both Dual Occupancy and multi-dwelling housing are permissible landuse. The objectives of this zone are particularly noted to encourage and allow for a variety of housing types and densities. With regards to the Sovereign Hills Land Sales Design Guidelines from March 2020, this is not an approved Council policy. With fairness, this is not a document Council can determine an application against. The document is more related to a civil matter between the original developer and property purchasers. Individually, both proposals meet the requirements of both the Port Macquarie Hastings Local Environment Plan 2011 and the Development Control Plan 2013. The individual proposals are not considered an overdevelopment of the site.
Council must consider that over 25% of properties in one small street being dual occupancy is excessive	With regards to the type of residential development, Council determines developments based on permissibility and not percentages of allowable development. The site is zoned R1 General Residential and within this zone Dual Occupancy development is permissible with consent. Refusal of this application based on the number of existing dual occupancies within the vicinity is not justifiable.
Accumulative traffic congestion	Council’s Development Engineer has reviewed the proposal and advised that the immediate local road network will be suitable to cater for the increased demand. The accumulative traffic concerns raised are not the subject of this application and would need to be with Council’s Rangers if residential continually block pedestrian paths. Refusal of the application on these grounds is not justified.
Similar developments rely on street parking due to limited off-street parking and block pedestrian footpaths.	As discussed earlier in this report, the individual dual occupancies comply with the Development Control Plan 2013 off-street car parking requirement of 1 parking space per each dwelling for dual occupancies/semi-detached dwellings. A total of 2 spaces per development. If the proposal was a multi-dwelling development consisting of 4 x 3 bedroom dwellings, the proposal would require 1.5 spaces per each 3 or 4-bedroom unit + 1 visitor’s space per 4 units. This would equate to a total of 7 off-street car parking spaces required across the multi dwelling development. However, the assessment needs to be based on the merits of the individual application and the proposal satisfies the off-street parking requirements of the Development Control Plan 2013 for a 2x 3 bedroom Dual Occupancy.
Occupancy numbers and type of residents	Both dwellings are considered 3 bedroom dwellings. This is based on all habitable rooms that are considered capable of being a bedroom. This is what has been used to calculate the off-street car parking requirements. For this type of development there are no mechanism to further consider potential maximum occupancy numbers of each dwelling, nor could refusal of this application be supported based on the occupancy numbers or type of residents.

(e) The Public Interest

The proposed development will be in the wider public interest with provision of appropriate additional housing.

The proposed development satisfies relevant planning controls and will not have any significant adverse impacts on the wider public interest.

(f) Ecologically Sustainable Development and Precautionary Principle

Ecologically sustainable development requires the effective integration of economic

and environmental considerations in decision-making processes.

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

The principles of ESD require that a balance needs to be struck between the manmade development and the environmental impacts. Based on the assessment

provided in the report and with recommended conditions of consent, it is considered

an appropriate balance has been struck.

(g) Climate change

The proposal is not considered to be vulnerable to any risks associated with climate

change.

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 ⇩. DA2021 - 349.1 Recommended Conditions

2 ⇩. DA2021 - 349.1 Plans

3 ⇩. DA2021 - 349.1 Development Contributions

Member	18/03/21	15/04/21	17/06/21
David Crofts	P	P	P
Michael Mason	P	P	P
Chris Gee		P
Tony McNamara	P		P
Dan Croft (Group Manager Development Assessment)	P	P	P

21/01/2021	Function Room	2:00pm
11/02/2021	Committee Room	2:00pm
25/02/2021	Committee Room	2:00pm
18/03/2021	Committee Room	2:00pm
1/04/2021	Function Room	2:00pm
15/04/2021	Function Room	2:00pm
6/05/2021	Function Room	2:00pm
20/05/2021	Committee Room	2:00pm
3/06/2021	Function Room	2:00pm
17/06/2021	Function Room	2:00pm
1/07/2021	Function Room	2:00pm
15/07/2021	Function Room	2:00pm
19/08/2021	Function Room	2:00pm
2/09/2021	Function Room	2:00pm
16/09/2021	Function Room	2:00pm
7/10/2021	Function Room	2:00pm
21/10/2021	Function Room	2:00pm
4/11/2021	Committee Room	2:00pm
18/11/2021	Committee Room	2:00pm
2/12/2021	Function Room	2:00pm
16/12/2021	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

9.0 CONDUCT AT MEETINGS

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.