Agenda of Development Assessment Panel - Thursday, 17 February 2022

AGENDA Development Assessment Panel 17/02/2022

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 17/02/2022

Item: 05

Subject: DA2021 - 889.1 Dwelling-house including Clause 4.6 Objection to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 814 DP 1268080, No 10 Granton Ridge, Port Macquarie

Report Author: Building Surveyor, Kate Kennedy

Applicant: Ernest Materyn & Alison Bonney c/ - Collins W Collins

Owner: Ernest Materyn & Alison Bonney

Estimated Cost: $650,000.00

Parcel no: 70156

Alignment with Delivery Program

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

RECOMMENDATION

That DA2021 - 889.1 for a dwelling-house including a Clause 4.6 objection to Clause 4.3 (height of buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 814, DP 1268080, No. 10 Granton Ridge, PORT MACQUARIE, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a dwelling-house and associated structures 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, five (5) submissions were received.

The application includes a Clause 4.6 objection to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011. The variation to the standard is within 10% and the application can be determined by the Development Assessment Panel.

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 objections to the proposal have been received and the application includes a Clause 4.6 exception to a development standard under the Port Macquarie-Hastings Local Environmental Plan 2011. 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 647.90m².

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 two (2) storey dwelling located centrally within the site

· Construction of retaining walls and landscaping features

· Construction of a driveway

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

Application Chronology

· 06/10/2021 - Application submitted

· 13/10/2021 - Application accepted

· 21/10/2021 - Application assigned

· 21/10/2021 - Referral to Essential Energy

· 25/10/2021 - Internal referral to Waste Water

· 28/10/2021 - One (1) submission received

· 01/11/2021 - Additional Information Requested

· 01/11/2021 - Applicant request to put application on hold to allow submission of modified plans

· 01/11/2021 - Two (2) additional submissions received

· 02/11/2021 - One (1) additional submission received

· 08/11/2021 - Initial Neighbour Notification period completed

· 08/11/2021 - One (1) additional submission received

· 11/11/2021 - Essential Energy Referral Response received

· 29/11/2021 - Amended plans and engineering received

· 01/12/2021 - Re-notification letters sent with additional property included

· 19/12/2021 - Re-notification period completed

· 23/12/2021 - Waste Water response received

· 23/12/2021 - Additional Information requested in response to Waste Water comments

· 02/02/2022 - Amended plans received to address Water & Sewer Request

· 07/02/2022 - Minor amendment to report

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) 2021

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

Clause 12 (other land - no KPoM and less than 1 hectare) - Having considered the SEPP, the application and on completion of a site inspection, Council is not prevented from granting consent in this case for the following reasons:

1. The property is not subject to a KPOM, and

2. The site is not considered to be core koala habitat.

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 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.

Essential Energy have no specific concerns regarding the development, but have provided some general advice. The advice received from Essential Energy has been forwarded 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.

Port Macquarie-Hastings Local Environmental Plan 2011

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

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

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

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 9.24m which does not comply with the standard height limit of 8.5m applying to the site. This represents a variation of 8.7%. A Clause 4.6 assessment is provided below, which concludes that the proposed variation is minor in nature and consistent with other dwellings observed in the locality and is a reflection of the sloping topography of the area.

· Clause 4.4 - The floor space ratio of the proposal is calculated to be 0.32:1, which complies with the maximum 0.65:1 floor space ratio applying to the site.

· Clause 4.6 - Exceptions to development standards. 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. Assistance on the approach to variation to this standard is also taken from NSW Land and Environment Court and NSW Court of Appeal decisions in:

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

Having regard to specific requirements of Clause 4.6(3) and 4.6 (4) the following assessment comments are provided:

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

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

(b) that there are sufficient environmental planning grounds to justify

contravening the development standard.

The applicant has provided justification for the Clause 4.6 variation to the building height standard (Refer to Attachment 3) as summarised below:

§ The variation is minor in nature, only occurring for a portion of the upper floor roof.

§ The extent of the height exceedance does not extend the full length of the roof.

§ The dwelling maintains a compliant side setback of 3.923m to the southern side boundary to assist in reducing visual perceptions of building bulk and scale from neighbouring properties.

§ The proposed height variation will not adversely impact on the solar access for adjoining dwellings.

§ The height variation will not apply to the balcony or to any windows of the dwelling and will therefore not result in privacy impacts to adjoining dwellings

§ The private open spaces of adjoining lots are sited to the north and east and would not have views impacted by the proposed dwelling

§ Given the sloping nature of the site, the building height variation would not have any greater impact on the views of adjoining dwellings then a compliant building height given that the dwellings are primarily orientated to the West.

§ The dwelling will be located on a battle-axe lot and shielded from the street frontage by existing dwellings.

§ The walls of the dwelling are stepped back from the property boundary and are articulated and as such the visual impact of the proposed roofline is considered minor in nature.

§ The proposed dwelling is consistent with the existing bulk, scale and building heights of other dwellings in the area. The proposed dwelling also steps with the slope of the site and is consistent with the character and streetscape of the area.

§ There are no items of heritage conservation within the areas

§ The variation supports a roof design that is consistent with the character of the area and provides an opportunity to construct a quality, visually appealing dwelling.

§ Considering the above the proposal will achieve the objectives of the Port Macquarie-Hastings LEP Development Standard Clause 4.3.

§ As discussed above, the height and location of the proposed encroachment will have minimal impacts with regard to view sharing, solar access, overshadowing and residential privacy due to the side and rear setbacks of the subject section of roof.

(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)

In Wehbe five methods have been developed to test whether compliance with a

development standard is unreasonable or unnecessary:

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.

The proposed variation relies upon the first test and it is considered that the Applicant’s written request has satisfactorily demonstrated that the proposed development will achieve the objectives of the height of building development standard despite the numerical non-compliance.

Considering the application and above justification for the Clause 4.6 variation to the building height standards, the proposed dwelling has been assessed to have limited additional impact on the environment and neighbouring properties. The request demonstrates that there are sufficient environmental planning grounds for the variation considering the sloping topography of the site and building heights observed within the locality.

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

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

The consistency of the proposal with the zone objectives has been discussed above under Clause 2.3. Consideration of the proposal’s consistency with the objectives of height of buildings standard (Clause 4.3) is provided as follows:

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

Comments:

· The proposed dwelling is similar in height, bulk and scale to other dwellings in the area and maintains an FSR below the numerical control and commensurate with other dwellings in the locality.

· Other dwellings to the North of the site having approved similar height variations ranging between 6.7% and 9.4% that are sited on similar topography being directly adjacent to the subject site.

· The area of encroachment is partially located over an unenclosed balcony on the upper storey which further reduces the appearance of bulk.

· The design includes the use of multiple cladding materials providing further visual articulation to the façade. The articulation through the eastern and southern elevations assists in reducing the appearance of bulk when viewed from adjoining lots.

· The ceiling heights are not excessive with the upper storey ceiling height being 02.44m.

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

Comments:

· Shadow diagrams demonstrate adjoining properties will not be adversely overshadowed for greater than three hours on the 21st June.

· Given the topography of the site and orientation of adjoining dwellings there will be no significant view sharing or overshadowing impacts.

· Following initial assessment, the applicant has provided amended plans detailing reduced eave widths along the balcony and a lowered balcony floor level through the area where the variation occurs to assist in reducing potential impacts.

· As detailed at the submissions section of this report the applicant will be conditioned to require a privacy screen running along the eastern elevation of the balcony to address a neighbour submission and maintain the privacy of the dwellings sited to the east of the proposed dwelling.

· There will be negligible public domain impact.

· The proposal will not result in the disruption of any significant views. No submissions were received regarding concern for loss of views in the locality.

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

Comments:

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

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

Comments:

· The site is located within an established subdivision which maintains similar zoning and numerical height controls.

· The site is not located within an area where development provides a transition in built form or land use intensity.

· The public benefit of the standard is not compromised or eroded.

· The development is consistent with the zoning and height objectives of the LEP 2011 and is unlikely to have any implications on State related issues or the broader public interest.

The development is consistent with the zoning and height objectives of the LEP 2011 and is unlikely to have any implications on State related issues or the broader public interest.

(b) The concurrence of the Secretary has been obtained

Comments:

· As per Planning Circular PS 20-002, Council can assume the Director-General’s Concurrence for variations to the height of buildings. As the variation is less than 10%, the application can be determined by a delegate of Council including the DAP. The decision must be reported to Council for their information, a public register of variations maintained, and details of the proposal included in quarterly reporting to the Department of Planning, Industry and Environment.

Having consideration to the above and the document prepared by the NSW Government - Varying Development Standards: A Guide 2011, it is agreed that the applicant has satisfactorily demonstrated that compliance with the height standards is unreasonable/unnecessary to strictly comply with height requirements considering the site and circumstances of the case and the variation using Clause 4.6 be supported.

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

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

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

No draft instruments apply to the site

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: 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).	<1.00m change in levels outside building	Yes
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	Noted. Condition of consent will be added for the construction of the retaining wall and added to the PCA agreement.	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.	Existing fences to be retained. 1.80m high fence proposed to the north boundary	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.	APZs to be located wholly on private land and the site is to be maintained as an IPA in accordance with the Bushfire Report prepared by Krisann Johnson - S & K Johnson Constructions, dated 22 July 2021	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
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3: - 1 parking space per each dwelling for dwelling-house.	Double garage proposed.	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.	Garage will be sited 2.73m behind the building line of the dwelling. Note battle-axe lot.	Yes
28	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking.	Parking and driveway is capable of complying with AS2890.1.	Yes
34	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	Limited additional driveway area proposed. Stormwater management can be addressed through section 68 approval permit process.	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.	No items in the articulation zone	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	Battle axe allotment Setback to access handle 4.726m	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 02.73m from the front 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.	Garage opening is 5.00m and <50% of the width of the building frontage	Yes
	c) Driveway crossovers are no greater than 5.0m in width.	Existing driveway crossover from the access handle to be retained.	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 is proposed as part of this application	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).	Rear boundary setback between 02.85m and 03.88m leading to a variation to the numerical controls of 1.00m to the rear eastern boundary. The variation to the rear boundary setback requirements is discussed further at the end of this table.	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 sheds or swimming pools proposed as part of this application	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.	This variation is discussed further at the end of this table.	No
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	The ground floor is setback between 2.026m and 3.923m from the side boundaries.	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 first floor setbacks to side boundaries are between 3.923m and 4.981m.	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 first floor is well articulated with the longest section of wall being 7.145m in length. Steps in wall of at least 1.87m are provided. Elevated ground floor northern wall is 12.71m but is >3.00m to the side boundary. The northern elevation will be shielded to adjoining lots by the addition of the articulated covered alfresco area facing the northern boundary and reducing the appearance of bulk when viewed from adjoining sites.	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.	>35m² of POS available to the northern side of the proposed dwelling that is directly accessed from the ground floor living areas. The noted POS and Alfresco area are >4.00m x 4.00m and will be located with a gradient <5% due to the inclusion of the retaining walls to the north and north west of the dwelling.	Yes
	b) Private open space may include clothes drying areas and garbage storage.	Noted	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.	All fencing has been detailed on the plan set.	Yes
	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.	Not Applicable. No front fencing proposed as part of this application	n/a
	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,	Not Applicable. No front fencing proposed as part of this application as site is a battle axe allotment and boundary fencing already in place on multiple boundaries. Existing boundary fencing to be retained. A small section of fencing will be included between the dwelling and the site boundary forward of the dwelling.	Yes
	c) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);	Not Applicable. No front fencing proposed as part of this application	n/a
	d) provide a 3m x 3m splay for corner sites, and	Not Applicable. No front fencing proposed as part of this application	n/a
	e) provide a 900mm x 900mm splay for vehicle driveway entrances.	Not Applicable. No front fencing proposed as part of this application	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 courts proposed as part of this application	n/a
50	b) Solid fences enclosing these facilities should not be permitted over 1.8m.	No tennis courts proposed as part of this application	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.	Living areas of the dwelling will be located on the ground floor. The ground floor will be separated from adjoining sites by existing and proposed boundary fencing. The principal private open space of the dwelling will be located below the private open space (POS) of the adjoining lot to the west and be separated by existing boundary fencing. The POS of the subject dwelling will again be separated from the northern boundary by a proposed 1.80m high boundary fence and greater than 09.00m from the lower properties to the east of the site.	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.	The upper floor balcony of the dwelling that is accessed from the master bedroom will be greater than 09.00m to the adjoining dwelling located to the south and the lower dwellings located to the east. The balcony will additionally be separated from the dwelling on the allotment to the south by existing boundary fencing and established vegetation as shown in the images taken on the site.	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.	Additional privacy protection is considered to not be required for the ground floor living areas.	N/A
	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.	1.80m boundary fence is proposed to the northern boundary and existing boundary fencing is located along the remaining boundaries.	Yes

The proposal seeks to vary the Development Provision relating to the rear setback of the dwelling.

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 provision and relevant objectives, the variation is considered acceptable for the following reasons:

· The application has provided justification for the variation detailing that the proposal will not overshadow the adjoining sites for greater than 3.00 hours on the winter solstice between 9am and 3pm. Additionally, the reduced rear setback will provide for greater solar access to the private open space of the dwelling to the north-eastern facing aspect.

· 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. The applicant has provided a side boundary setback of 3.923m to the southern boundary and 05.189m to the western boundary. Though the proposal does not achieve strict compliance with clause 46 (c) of the DCP as it requires a 4.00m setback for the equivalent wall length, the proposal demonstrates that it will achieve greater solar access to the proposed private open space located to the north west of the dwelling.

· The proposed variation to the rear boundary allows for the siting of the private open space to the north west of the dwelling where there is a level and usable area of yard that provides for a functional space for the use of the occupants.

· The increased setback of the dwelling relative to the southern and western boundaries will assist in retaining the natural light and ventilation between dwellings.

· The reduced setback to the rear boundary, allowing the private open space to be sited to the north west will retain the privacy to adjoining sites private open space as it will be located in an area of cut and separated by proposed 01.80m high fencing.

· The proposed variation will not have an adverse effect on the amenity of adjoining sites or the streetscape of the locality, achieves the objectives of the clause and is recommended for approval.

Based on the above assessment, the variation 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 of 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

(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 or the public domain.

The proposal is considered to be sufficiently 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 any identifiable 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 to be clear of the existing sewer junction and main traversing the site. The required distance off the junction is to be determined in relation to the depth.

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 2019 including vegetation classification and slope concludes that a Bushfire Attack Level of LOW shall be required. Though no specific construction requirements the site should be managed as an Inner Protection Area.

The Asset Protection Zone (APZ) is proposed within the property as shown the plans submitted.

Management of bushfire risk is acceptable subject to the recommendations of the report prepared by Krisann Johnson - S & K Johnson Constructions, dated 22^nd July 2021 being implemented and APZ being maintained.

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. Adequate casual surveillance is available.

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative Impacts

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

(c) The suitability of the site for the development

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

Site constraints of bushfire have been adequately addressed.

(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
Privacy concerns regarding upper storey balcony adjoining the master bedroom	The proposed balcony is accessed from the master bedroom and located on the southern elevation of the dwelling. The proposed balcony is 1.84m wide and extends 6.18m along the southern elevation at a distance of approximately 5.00m from the southern boundary. As seen in the below imagery taken from the south western corner of the site there is established vegetation and boundary fencing adjacent to the balcony providing a degree of privacy to the adjoining lot to the south and some of the sites located on Rowthorne Way. The balcony will be sited 7.00m from the rear eastern boundary of the site. Given the balcony will be within 12m of the private open space of the dwelling, a privacy screen is considered reasonable to require with a height of 1.5m along the eastern portion of the balcony is recommended and has been included in the draft conditions of consent included with this report. As demonstrated in the contour mapping below this table, the site slopes from the top north western corner of the lot down to the lower south eastern corner. Given the nature of the site, a degree of overlooking is to be expected.
Insufficient street parking on Granton Ridge to cater for another residential property	Street parking for Granton Ridge was considered at the time of subdivision. The residential lot is existing. Clause 41 of the DCP details car parking requirements of one (1) space per dwelling for residential accommodation The proposed dwelling includes a double garage with parking for two (2) vehicles. Additionally, there is also sufficient space at the southern side of the dwelling or within the hardstand/turning area forward of the dwelling should overflow parking be required.
Tradespersons, their vehicles and equipment affecting vehicular and pedestrian traffic in Granton Ridge and surrounding properties.	It is acknowledged that construction works may impact in the short term.
Insufficient parking on the site and street to cater for visitors which may cause guests of the property to park on adjoining private land and Granton Ridge.	Clause 41 of the DCP details car parking requirements of one (1) space per dwelling for residential accommodation The proposed dwelling includes a double garage with parking for two (2) vehicles. Additionally, there is also sufficient space at the southern side of the dwelling or within the hardstand/turning area forward of the dwelling should overflow parking be required. Vehicles parking on adjoining private land is a civil matter and outside the scope of this development assessment.
Concerns that there is a potential for damage to the private access way to the site from Granton Ridge by heavy equipment and trade vehicles used for construction and excavation and the responsibility for rectifying any damages. Concerns regarding the potential for damage to private property for connecting the subject dwelling to essential services	The proposal will need to be constructed in accordance with Australian Standards and any closures or occupancies of the council road reserve are subject to separate application under the Roads Act 1993. All works are to be undertaken by appropriately qualified tradespeople relevant to the subject service. It is anticipated that services would be connected via the narrow strip of the lot running adjacent to the private land and easement for access. Any works undertaken on the adjoining private land between the easement for access and the subject site, would require the consent of the property owners. Such works would be a civil matter to be negotiated between the parties. The subject application does not propose access to adjoining properties private land.
Overlooking of adjoining properties from windows in bedroom 3	The proposed window in the western elevation of bedroom three (3) on the upper storey, is a high set highlight window. The window of bedroom three (3) in the northern elevation maintains setbacks to the northern and western boundaries of between 7.00m - 10.00m, increasing towards the northwest of the site with the northern boundary being the closest at 7.00m. Additionally, the windows are located within a bedroom which are generally infrequently used unlike the living areas which are located on the ground floor of the dwelling.
Concern regarding potential reflection from the solar panels to adjoining properties	The solar panels are exempt development as per the requirements of State Environmental Planning Policy (Infrastructure) 2007. The solar panel system is to be installed in accordance with the manufacturer’s specification.
Office size may permit a home business to operate at the premises increasing vehicles parked on Granton Ridge	There is no proposal for the office space to be used as a home business. Further, a home business may be permissible without development consent where it meets the requirements of SEPP (Exempt and Complying Development Codes) 2008. Where it does not meet these requirements development consent will be required.
Concerns that no traffic management plan has been submitted	Given the small scale residential nature of the proposal there is no requirement for a Traffic Management Plan to be submitted with the application.

(e) The Public Interest

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

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.

Climate change

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Development contributions are not applicable.

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 ⇩. DA2021 - 889.1 Recommended Conditions

2 ⇩. DA2021 - 889.1 Plans

3 ⇩. DA2021 - 889.1 Statement of Environmental Effects including clause 4.6

AGENDA Development Assessment Panel 17/02/2022

Item: 06

Subject: DA2021 - 1092.1 Ancillary Building - Shed at Lot 32 DP 1239206, No 6 Oxbow Circuit King Creek

Report Author: Development Assessment Building Surveyor, Warren Wisemantel

Applicant: B T Holmes

Owner: B T & A E Holmes

Estimated Cost: $20,000

Parcel no: 67380

Alignment with Delivery Program

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

RECOMMENDATION

That DA2021 - 1092 for an Ancillary Building - detached shed with awning at Lot 32, DP 1239206, No. 6 Oxbow Circuit, King Creek, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a detached shed with awning at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

The application was required to be placed on exhibition, however three (3) submissions were received.

This report recommends that the development application be approved subject to the recommended conditions in 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 comprises an existing two (2) storey dwelling, existing ancillary buildings comprising a barn style detached shed, inground swimming pool, pergola, kid’s playground area, lawns and vegetable gardens in the Oxbow Circuit King Creek Estate. The site has an area of 7095m2 and is surrounded by other similar developments.

The majority of the site is zoned R5 Large Lot Residential with a small portion of land to the rear zoned C2 Environmental Conservation 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:

· To construct a steel framed colorbond shed with awning attached to the western side.

Refer to Attachment 2 at the end of this report for plans of the proposed development. Attachment 3 are photographs of the proposed site area.

Application Chronology

· 30 November 2021 - Application formally lodged.

· 8 December 2021 - Referred to Essential Energy.

· 6 January 2022 - First submission received.

· 7 January 2022 - Second submission received.

· 9 January 2022 - Third submission received.

· 10 January 2022 - Comments received from Essential Energy and forwarded to applicant.

· 11 January 2022 - Site Inspection carried out.

· 12 January 2022 - Proposal discussed with applicant and advised three (3) submissions have been received.

· 19 January 2022 - Proposal further discussed with applicant and requested an updated site plan be provided with setbacks from front boundary and western boundary for the shed and attached awning.

· 1 February 2022 - Second site inspection carried out.

· 2 February 2022 - Updated site plan received indicating setbacks from boundaries.

· 2 February 2022 - Supporting information from applicant advising primary use of proposed shed.

· 2 February 2022 - Photograph of proposed shed site from applicant received indicating existing landscaping on western boundary.

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 site falls within the King Creek Koala Management Plan. Having considered the requirements of the KPOM, the development is consistent with the KPOM for the following reasons:

1. No vegetation is being removed from the subject site.

2. Existing fencing on-site is conducive to koala movement.

3. Site inspection’s failed to detect any evidence of koalas on the subject site, hence the King Creek KPM’s as non-Koala habitat is verified.

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.

The site is partly located within a mapped coastal environment area.

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

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

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

c) any adverse 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 funneling 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.

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

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.

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 R5 Large Lot Residential.

· Clause 2.3(1) and the R5 zone landuse table - The dwelling and/or ancillary structure to a dwelling is a permissible landuse with consent.

The objectives of the R5 zone are as follows:

o To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

o To ensure that large lot residential lots do not hinder the proper and orderly development of urban areas in the future.

o To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

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

· Clause 2.3(2) - The proposal is consistent with the zone objectives as it is ancillary development to an existing established dwelling.

· Clause 4.3 - There is no maximum building height for the site. Note further comments later addressing Development Control Plan 2013.

· Clause 4.4 - There is no maximum floor space ratio for the site.

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

· Clause 5.21 - The site is land which is considered to be within a “flood planning area” (refer to NSW Government Floodplain Development Manual 2005). In this regard, the following comments are provided which incorporate consideration of the objectives of Clause 5.21, Council’s Flood Policy 2018, the NSW Government’s Considering Flooding in Land Use Planning Guideline 2021 and the NSW Government’s Floodplain Development Manual (2005):

o The proposal is sufficiently compatible with the flood function and behaviour on the land;

o The proposal will not result in any significant adverse effects on flood behaviour that would result in detrimental increases in the potential flood affectation of other development or properties;

o The proposal will not result in any adverse effects on the safe occupation and efficient evacuation of people along existing evacuation routes for the surrounding area;

o The proposal incorporates sufficient measures to minimise and manage the flood risk to life and property associated with the use of land;

o The proposal is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses;

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

o The proposal will not result in any identifiable adverse impacts to flood behaviour as a result of projected climate change;

o The intended design and scale of the buildings of the proposal is sufficiently compatible with the flooding risk on the property;

o No internal specialist advice has been received from Council’s Flood Officer as the proposed building is located clear of the portion of land to the rear which is flood effected.

(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 already in place for the existing established dwelling. 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).	Application is DA only. No cut and fill earthworks proposed as the portion of land where the shed is to be located is relatively flat. Should earthworks be required it is anticipated this will fall under the Exempt Development guidelines as outlined in the State Environmental Planning Policy (SEPP) Exempt and Complying Development Codes 2008.	Yes
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	No retaining walls proposed	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.	No retaining walls or fence 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.	APZ provided on site. Proposed shed and awning located approximately 16m from the existing dwelling onsite.	Yes
Flooding
19	a) Development must comply with Council’s Floodplain Management Plan and Flood Policies.	Proposed shed to be located on a portion of land well clear of the flood effected land to the rear of the lot.	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.	Existing off street parking onsite.	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. −	Existing off street parking onsite.	Yes
28	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking.	Existing off street parking onsite.	Yes
34	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	Existing off street parking onsite.	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 from the proposed shed is to be connected to the existing stormwater system on-site. All stormwater is disposed to a rubble drain at the rear of the lot.	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.	Existing dwelling onsite with a setback of 10m from front boundary Proposed shed has a front setback of 13.550m	Yes 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	13.550m front setback proposed	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. −	The proposed shed with awning has a front setback of 13.550m and is setback from the front of the existing dwelling onsite	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.	Total width of shed opening is 5.5m and attached awning is 3.5m. Total width being 9m wide	Yes
	c) Driveway crossovers are no greater than 5.0m in width.	Driveway crossover proposed 3.5m wide subject to separate approval under S138 application	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 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).	Rear setback greater than 60m for proposed shed	Yes
	b) A minimum rear boundary setback of 900mm applies to sheds and swimming pools subject to achieving minimum required private open space area.	Rear setback greater than 60m for proposed shed	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.		N/A
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	Proposed shed has a minimum side setback of 900mm to the west, whilst the attached awning has a minimum side setback of 3.0m to the west	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.	Proposed shed is single storey with a floor level < 1m.	N/A
	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.	Proposed shed is 9m long by 9m wide incorporating the attached awning. The western wall of the shed/awning structure is articulated with the awning only being 4.5m long	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. −	Existing open space on-site	Yes
	b) Private open space may include clothes drying areas and garbage storage.	Existing open space on-site	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	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. −	No front fence proposed	N/A
	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 front fence proposed	N/A
	c) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);		N/A
	d) provide a 3m x 3m splay for corner sites, and		N/A
	e) provide a 900mm x 900mm splay for vehicle driveway entrances.
50	a) For tennis courts or other similar areas, chain wire fences should be black or dark green plastic coated mesh.		N/A
50	b) Solid fences enclosing these facilities should not be permitted over 1.8m.		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. −	Detached shed and attached awning proposed. No upper floor living room windows overlooking neighbouring windows within 9m. The dwelling on the adjoining lot nearest to the proposed shed is located 10m from the property boundary where the shed is to be constructed. The portion of this dwelling nearest to the proposed shed constitutes a triple garage. The outdoor entertaining area of the adjacent dwelling has uninterrupted views to the north, east and west.	Yes 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. −	Detached shed with attached awning proposed	N/A
	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. −	Detached shed with attached awning proposed	N/A
	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. −	Detached shed with attached awning proposed. The property owner has installed landscaping creating a hedge adjacent to where the shed is proposed, for both privacy and to soften the appearance of the proposed shed from both Oxbow Circuit and adjacent properties.	Yes
Roof Terraces
52	a) Direct views between roof terraces and indoor living room windows or principal areas of private open space of adjacent dwellings should be screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius of the trafficable area of the roof terrace; Direct views between roof terraces principal areas of private open space within a 12m radius of the trafficable are of the roof terrace.	Detached shed with attached awning proposed	N/A
	b) Screening should only be considered where: − the height of the screen does not exceed the maximum building height; and − the screening contributes to the building form, and − the screening is integrated into the design of the roof; and − is constructed and designed with materials complementary to the building. −		N/A
	c) Lighting installations on roof terraces should be: - contained within the roof terrace area and located at a low level, and - appropriately shaded and fixed in a non-adjustable manner so that light is projected downwards onto the floor surface of the terrace. − designed in compliance with Australian Standards AS4282 - Control of obtrusive effects of outdoor lighting. −		N/A
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. −	The maximum overall height of the building above ground level (existing) is 5.135m. The height exceeds the required 4.8m building height applying to the site by 0.335mm which is considered a minimal height variation. The proposed 5.135m ridge height presents a minor variation to the height control and will not detract from the existing Oxbow Circuit estate. Shed is single storey and has a roof pitch of 11 degrees. The awning proposed a slope of 5 degrees. The existing lot is greater than 900m² (7089.78m²). The shed and awning has a combined area of 81m². The proposed shed is not located forward of the main building line.	No* Yes Yes Yes

The proposal seeks to vary Development Provision 56: Ancillary Development relating to building height.

The relevant objectives are:

· To facilitate and sustain certain development as ancillary development.

· Have regard to the desired scale, bulk and height of existing residential development as well as streetscape in the locality.

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

· The maximum overall height of the building above ground level (existing) is 5.135m.

· The height exceeds the required 4.8m building height applying to the site by 0.335mm which is considered a minimal height variation.

· The proposed 5.135m ridge height presents a minor variation to the height control and will not detract from the existing Oxbow Circuit estate.

(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 not have any significant adverse impacts on existing adjoining properties or the public domain.

The proposal is considered to be sufficiently compatible with other rural-residential development in the locality and adequately addresses planning controls (as justified) for the area.

The proposal does not have a significant adverse impact on any identifiable 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.

Sewer Connection

The proposed works are to be clear of the existing OSSM and disposal area on-site.

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 large lot residential estate and will not sterilise any significant mineral or agricultural resource.

Water cycle

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

Soils

Air and microclimate

Flora and fauna

Waste

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

Noise and vibration

Bushfire

The site is identified as being bushfire prone.

The shed is located greater than 6m from the existing dwelling onsite and that of the nearest neighbour. The property is surrounded by managed land and therefore no bushfire assessment or bushfire construction methods are required.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

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

Site constraints of bushfire/flooding 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 lodgement 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
Objector No.1
Neighbouring residences will be affected by overshadowing	The proposed building and existing buildings on subject lot run in a north/south orientation. Three (3) hours of sunlight is available between 9am and 3pm on June 21 (winter solace), to at least 50% of habitable rooms, private open space of each development and the required open space of adjoining developments. The objectors dwelling is located 10m from the property boundary where the shed is to be constructed and a triple garage is the nearest part to the proposed shed.
Will result in reduction of views	The objectors dwelling is located 10m from the property boundary where the shed is to be constructed and a triple garage is the nearest part to the proposed shed. The outdoor entertaining area of the objectors dwelling has uninterrupted views to the north, east and west.
Will be out of character with the surrounding area	There are several sheds of a similar size and height to what is proposed within the Oxbow Circuit subdivision.
Will be visually prominent within the existing landscape/streetscape	The applicant has already planted attractive screening landscaping along the western boundary and front of the southern boundary to soften the impact of the proposed shed. This landscaping has been a long term plan by the property owner for a vision to develop his land, whilst still maintaining the rural residential lifestyle of the Oxbow Circuit streetscape and general amenity of the area. The existing landscaping is also acting as a screen to alleviate and block out the view of the shipping container on the objectors property within close proximity of the property boundary.
The potential noise emission levels from trucks/excavators will affect our, and neighbouring properties	The applicant and property owner has confirmed in writing to Cuncil that the sole purpose for the proposed shed is to garage his caravan which currently sits under a shade sail situated on the eastern side of a shed that already exists onsite. The property owner/applicant has clarified the use of the shed as being used to protect his families assets and will not be used to run any sort of commercial business.
The height of the shed reflects a size needed for industrial purposes/running a business from. (Prohibited under R5 Large Lot Residential Regulation)	The height of the proposed shed is 5.135m. This exceeds the recommended 4.8m height under the Port Macquarie Hastings Council DCP by 0.335mm. Other sheds in the Oxbow Circuit already constructed are similar in height and area and the 0.335mm is considered minimal. The overall height of the shed is regarded as appropriate for a lot size of 7095m2 in a large lot residential estate. The applicant has confirmed in writing that no business will be operating out of the shed and its sole purpose is to garage the family caravan.
Other Concerns
4.6m open awning area (lean to) is positioned on our side. Neighbour has advised that he plans to park his Land Cruiser under the lean to which has a loud modified exhaust. This would be backed out early each morning, waking our young children whose bedrooms are adjacent	Council does not regulate what vehicle/s individuals have ownership of. Property owners are entitled to enter and leave their place of residence at dates and times convenient to the individual. The bedrooms of the adjoining dwelling being adjacent to the shed is incorrect, as a triple garage is the nearest point of the objectors dwelling to where the proposed shed is to be constructed.
A large 3 bay shed, with visible business signage attached, already exists on this site, with a driveway and crossover	Prior formal approval has been granted by Port Macquarie Hastings Council for both shed and driveway crossover. Business signage attached to the existing shed, whilst not a distraction, is visible from King Creek Road and has been displayed for over 2 years now with no concerns. The signage states “Port Precision Plumbing” with a contact number. The sign does not detract from the general amenity of the Oxbow Circuit or King Creek area in general as it is positioned under the gutter line on the eastern façade of the existing shed onsite.
Plumbing/Excavation/Concreting business being run from the residence	Property owner has confirmed in writing the proposed shed is to house the family caravan.
− Trucks & excavators stored on property	Property owners are entitled to store vehicles on their property. The storage of existing vehicles on the site is not a development consideration.
− Area near our boundary fence line and street frontage being used as a dumping zone for business materials	No materials or foreign objects were identified during site visits as being stored on the nature reserve/street frontage outside the subject property. Any materials on site were stored inside the subject property boundary.
Concreting mesh dumped on council strip near our boundary fence line	No reinforcement mesh was observed during site visits on the council nature reserve/street frontage. Materials on site were within the subject property boundaries.
− Overgrown grass growing through the boundary fence, obstructing vision of oncoming traffic when leaving driveway	Land in question is not obstructing vision.
− Tripping hazard for young children	No trip hazard outside property boundary.
− Streetscape has been ruined	The proposed shed will be unlikely to adversely detract from the general amenity of the area particularly given the front setback proposed.
Left over building/job materials strewn all over the property	Property owners are entitled to store items on their own property.
A more appropriate location for the proposed shed would be on the low side of the property where it does not directly impact neighbours, and can be accessed via one of the other existing crossovers	The property is part flood affected and the reason for the sheds proposed location. Other factors which limit the location of the shed are the approved OSSM disposal area is located on the low side of the property. The second driveway width and location is considered to be acceptable given the property width and will be subject to a formal S138 application being lodged under the Roads Act.
Objector No. 2
Additional crossover request	The second driveway width and location is considered to be acceptable given the property width and will be subject to a formal S138 application being lodged under the Roads Act.
Location of proposed additional shed	The property is flood effected and the reason for the proposed shed location. Other factors which limit the location of the shed are the approved OSSM disposal area which is located on the low side of the property.
Will this shed and crossover be used for industrial/business purposes	The applicant/property owner has confirmed that the sole purpose for the proposed shed is to garage his caravan which is currently stored under a shade sail attached to an existing shed on the eastern side of the property. The property owner/applicant has clarified the use of the shed as being used to protect his families assets and will not be used for commercial/industrial/ business purposes.
Objector No. 3
Neighbouring residences will be affected by overshadowing	The proposed and existing buildings on subject lot run in a north/south orientation. Three (3) hours of sunlight is available between 9am and 3pm on June 21 (winter solace), to at least 50% of habitable rooms, private open space of each development and the required open space of adjoining developments. The objectors dwelling is located across the road from the property where the shed is to be constructed.
Will result in reduction of property values for surrounding neighbours, due to high noise levels, traffic congestion and loss of surrounding views	Council has no control over property values, nor are they a matter for consideration with the assessment of a development application. The proposed shed is not anticipated to result in any additional vehicular traffic, high noise levels, traffic congestion nor loss of surrounding views. Further without taking accurate readings, noise and traffic levels are very subjective to an individual’s own viewpoint. No surrounding views will be lost from the objector’s property and view sharing is still available to both north and east directions off their rear entertaining area.
Will be visually prominent within the existing landscape/streetscape	The applicant has already planted attractive landscaping along the western boundary to soften the impact of the proposed shed. This landscaping has been a long term plan by the property owner for a vision to develop his land, whilst still maintaining the rural residential lifestyle of the Oxbow Circuit streetscape and general amenity of the area.
The potential noise emission levels from trucks/excavators will affect our, and neighbouring properties	The applicant/property owner has confirmed that the proposed use of the shed is to garage his caravan which currently sits under a shade sail situated on the eastern side of the property. The use of the shed will not be for any sort of commercial or business occupation.
The height of the shed reflects a size needed for industrial purposes/running a business from. (Prohibited under R5 Large Lot Residential Regulation)	The height of the proposed shed is 5.135m. This exceeds the recommended 4.8m height under the Port Macquarie Hastings Council DCP by 0.335mm. Other sheds within Oxbow Circuit are of similar height and area, and the 0.335mm is considered a minor variation appropriate for the large lot size. The applicant has confirmed that no business will be operating out of the shed and is for caravan storage only.
Main two (2) storey dwelling already looks into backyard and blocks a large portion of view	The existing dwelling is not a consideration as part of this assessment.
4.6m open awning area (lean to) is positioned on our side. Neighbour has advised that he plans to park his Land Cruiser under the lean to which has a loud modified exhaust.	Council has no control over what vehicles individuals have ownership of. The objectors dwelling is located with bedroom in question being 6.6m to the objector’s boundary and approximately 40m to the proposed shed location. This distance is deemed satisfactory for an allotment in a large lot residential estate.
A large 3 bay shed, with visible business signage attached, already exists on this site, with a driveway and crossover	Prior formal approval has been granted by Port Macquarie Hastings Council for both shed and driveway crossover. Business signage attached to the existing shed, whilst not a distraction, is visible from King Creek Road and has been displayed for over 2 years now with no concerns. The signage simply states “Port Precision Plumbing” with a contact number. The sign does not detract from the general amenity of the Oxbow Circuit or King Creek area in general as it is positioned under the gutter line on the eastern façade of the existing shed onsite.
Plumbing/Excavation/Concreting business being run from the residence	Property owner has confirmed in writing the sole purpose of the proposed shed is to house the family caravan.
Trucks & excavators stored on property	Property owners are entitled to store vehicles on their property
Area near neighbouring property boundary fence line fence line and street frontage being used as a dumping zone for business materials	No materials or foreign objects stored on nature reserve/street frontage outside subject property. Any materials that are laying around are stored inside subject property boundary.
Concreting mesh dumped on council strip near neighbours boundary fence line	No reinforcement mesh on council nature reserve/street frontage. Any materials that are laying around are stored inside subject property boundary.
Overgrown grass growing through the boundary fence, obstructing vision of oncoming traffic when leaving our driveway	Land in question is not obstructing vision.
Tripping Hazard for young children	No trip hazard outside property boundary.
Streetscape has been ruined	The proposed shed will be unlikely to adversely detract from the general amenity of the area particularly given the front setback proposed.
A more appropriate location for the proposed shed would be behind the rear building line of the existing residence, or on the low side of the property where it does not directly impact neighbours, and can be accessed via one of the other existing crossovers (as opposed to next to main intersection within the Estate).	The property is part flood affected. This is the reason the shed is to be located in the proposed location. Other factors which limit the property owners location is the approved OSSM disposal area is located on the low side of the property. Other structures along with a swimming pool already occupy the available land immediately behind the existing dwelling. The second driveway width and location is considered to be acceptable given the property width and will be subject to a formal S138 application being lodged under the Roads Act.
Occupation of existing shed for habitable purposes	Objector may wish to pursue this matter with Council’s Regulatory Compliance Section regarding any claimed person/s residing in the existing shed. No one appeared to be residing in the shed at the time of site inspection.

(e) The Public Interest

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

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.

Climate change

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

Other Matters

Deposited Plan & S88B Instrument

Suspension of covenants, agreements and instruments

Clause 1.9A of the Port Macquarie Hastings Council Local Environmental Plan 2011 allows council to override any restrictions on the land.

A number of restrictions exist on the subject property. In this particular case it is deemed appropriate that council override the restriction on the subject property that no shed be constructed at a point closer to the street, than the rear line of the main dwelling and the maximum roof height, of any garage or outbuilding shall not exceed 4.5m, unless the building is positioned no further than 20m from the main dwelling.

In this case the shed is within 20m of the main dwelling. The exemption council is providing is for the shed to be constructed forward of the rear line of the dwelling. The shed is still setback from the front line of the dwelling and is 13.550m from the front boundary which is deemed appropriate on land in a large lot residential subdivision.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Section 7.11 Contributions

· The proposed development will comprise a new detached shed with an awning to the side and does not involve the creation of any additional residential component. As a result, s7.11 contributions do not apply.

Section 7.12 Contributions

· The proposed development will comprise a new detached shed with an awning to the side does not contain any commercial/industrial component. As a result, s7.12 contributions do not apply.

−

Section 64 Water and Sewer Contributions

· The proposed development will comprise a new detached shed with an awning to the side and does not propose any additional residential component. As a result, s64 water supply and/or sewerage developer charges do not apply.

−

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 submissions being received have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

Attachments

1 ⇩. DA2021 - 1092.1 Recommended Conditions

2 ⇩. DA2021 - 1092.1 Plans

3 ⇩. DA2021 - 1092.1 Photographs

date of meeting:		Thursday 17 February 2022
location:		via Skype
time:		2:00pm

Member	02/09/21	01/10/21	21/10/21	18/11/21	16/12/21	03/02/22
David Crofts	P	P	P	P	P	P
Michael Mason	P			P	P	P
Chris Gee	P	P	P	P		P
Tony McNamara		P	P		P
Dan Croft (Group Manager Development Services) Grant Burge (acting)		P	P	P	P	P
Patrick Galbraith-Robertson (Development Planning Coordinator)	P	P	P	P		P

20/01/2022	Function Room	2.00pm
3/02/2022	Function Room	2.00pm
17/02/2022	Function Room	2.00pm
3/03/2022	Function Room	2.00pm
17/03/2022	Function Room	2.00pm
7/04/2022	Function Room	2.00pm
21/04/2022	Function Room	2.00pm
5/05/2022	Function Room	2.00pm
19/05/2022	Function Room	2.00pm
2/06/2022	Function Room	2.00pm
16/06/2022	Function Room	2.00pm
7/07/2022	Function Room	2.00pm
21/07/2022	Function Room	2.00pm
4/08/2022	Function Room	2.00pm
18/08/2022	Function Room	2.00pm
1/09/2022	Function Room	2.00pm
15/09/2022	Function Room	2.00pm
6/10/2022	Function Room	2.00pm
20/10/2022	Function Room	2.00pm
3/11/2022	Function Room	2.00pm
17/11/2022	Function Room	2.00pm
1/12/2022	Function Room	2.00pm
15/12/2022	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.