DEVELOPMENT ASSESSMENT PANEL SUB COMMITTEE CHARTER

Adopted: Ordinary Council 2022 09 15

1.0 OBJECTIVES

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

2.0 KEY FUNCTIONS

· To review development application reports and conditions. The focus of the Panel’s review is to be on those issues raised in submissions received following exhibition of development applications;

· To determine development applications where there are 3 or more unique submissions or where an application is outside of staff delegations;

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

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

· To maintain transparency in the determination of development applications.

Delegated Authority of Panel

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

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

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

· Determine Koala Plans of Management under State Environmental Planning Policy (Biodiversity and Conservation) 2021 associated with development applications being considered by the Panel.

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

3.0 MEMBERSHIP

3.1 Voting Members

· 3 independent external members will be selected for each scheduled DAP meeting from an appointed pool of members. One of the independent external members to be the Chairperson. Independent members will be rostered onto meeting on a rotational basis where possible.

· Group Manager Development Services (alternate - Director Community, Planning and Environment or Development Assessment Planning Coordinator).

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

3.2 Non-Voting Members Not applicable.

3.3 Obligations of members

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

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

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

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

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

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

3.4 Member Tenure

The independent external members will be appointed for the term of 4 years or until such time as an expression of interest process to source panel members is completed for the proceeding 4 year term.

3.5 Appointment of members

· A pool of independent external members (including the Chair) shall be appointed by the Chief Executive Officer following an external Expression of Interest process. Previous Panel members are eligible to be reappointed on the Panel following this expression of interest process.

· Independent members will be rostered on to Panel meetings on a rotational basis where possible to suit Panel member availability and Panel operational needs.

· Staff members on the Panel shall be appointed by the Chief Executive Officer.

4.0 TIMETABLE OF MEETINGS

· The Development Assessment Panel will generally meet on the 1st and 3rd Wednesday each month at 2.00pm at the Port Macquarie offices of Council. Meetings may be conducted on-line or a combination of in person and on-line.

· Special Meetings of the Panel may be convened by the Director Community, Planning and Environment Services with 3 days notice.

5.0 MEETING PRACTICES

5.1 Meeting Format

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

· Meetings shall be open to the public.

· The Panel will hear from an applicant and objectors or their representatives. Speakers are required to register to speak by close of business on the day prior to the Panel meeting.

· The Panel shall have the discretion to ask the applicant and objectors questions relating to the proposal and their submission. There is no ‘right of reply’ for an objector or applicant.

· Where there are a large number of persons making submissions with common interests, the Panel shall have the discretion to hear a representative of those persons rather than multiple persons with the same interest.

· Council assessment staff will be available at Panel meetings to provide technical assessment advice and assistance to the Panel.

· Where considered necessary, the Panel will conduct site inspections prior to the meeting.

5.2 Decision Making

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

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

5.3 Quorum

3 members must be present at a meeting to form a quorum.

5.4 Chairperson and Deputy Chairperson Independent Chair (alternate - independent member).

5.5 Secretariat

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

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

5.6 Recording of decisions

Minutes will be limited to the recording of decisions of the DAP and how each member votes for each item before the Panel. Meetings may be recorded via an on-line platform where practical.

6.0 CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

Not applicable.

7.0 CONFIDENTIALITY AND CONFLICT OF INTEREST

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

· Panel members must declare any conflict of interest at the start of each meeting or before discussion of a relevant item or topic. Details of any conflicts of interest are to be appropriately minuted. Where members are deemed to have a real or perceived conflict of interest, it may be appropriate they be excused from deliberations on the issue where the conflict of interest may exist. A Panel meeting may be postponed where there is noquorum.

8.0 LOBBYING

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

9.0 CONDUCT AT MEETINGS

All parties in attendance at a DAP meeting shall conduct themselves respectfully ie. not disrupt the conduct of the meeting, interject, act courteously and with compassion and empathy and sensitivity and will not insult, denigrate or make defamatory or personal reflections on or impute improper motives to the DAP, Council staff or other members of the public.

Development Assessment Panel

ATTENDANCE REGISTER

Member	3/2/22	17/2/22	20/4/22	4/5/22	1/06/22	6/7/22	20/7/22	17/8/22	08/9/22	21/9/22	19/10/22
David Crofts (Independent Chair)	P	P	P	P	P	P		P	P	P	P
Chris Gee (Independent Member)	P		P		P	P	P	P		P	P
Michael Mason (Independent Member)	P	P				P	P	P	P	P
Dan Croft (Group Manager Development Services)	P	P	P	P		P	P	P	P	P	P
Tony McNamara (Independent Member)		P	P	P	P	P	P				P
Other attendees
Mayor Peta Pinson	P	P		P				P	P
Grant Burge (Development Engineering Coordinator)	P	P	P		P	P	P	P	P	P
Kerrod Franklin (Acting Development Engineering Coordinator)											P
Patrick Galbraith-Robertson (Development Planning Coordinator)	P	P	P	P	P	P	P	P			P
Steven Ford (Development Assessment Planner)						P	P	P
Chris Gardiner (Development Assessment Planner)				P	P	P					P
Vanessa Penfold (Development Assessment Planner)						P
Clinton Tink (Development Assessment Planner)				P	P				P
Jon Power (Act Development Engineer Coordinator)				P
Beau Spry (Development Assessment Planner)				P
Ben Roberts (Development Assessment Planner)	P			P
Councillor Josh Slade		P
Kate Kennedy (Building Surveyor)		P
Warren Wisemantel		P
Deputy Mayor Adam Roberts	P
Bob Slater (Development Assessment Planner)										P

Key: P = Present

A = Absent With Apology

X = Absent Without Apology

Meeting Dates for 2022

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

MINUTES

Development Assessment Panel Meeting

19/10/2022

PRESENT

Members:

David Crofts (Independent Chair)

Tony McNamara (Independent Member)

Chris Gee (Independent Member)

Group Manager Development Services (Dan Croft)

Other Attendees:

Kerrod Franklin (Acting Development Engineering Coordinator)

Patrick Galbraith-Robertson (Development Assessment Planning Coordinator)

Chris Gardiner (Development Assessment Planner)

The meeting opened at 2:00pm

01 ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

02 APOLOGIES

Nil.

03 CONFIRMATION OF MINUTES

Consensus:

That the Minutes of the Development Assessment Panel Meeting held on 21 September 2022 were confirmed.

04 DISCLOSURES OF INTEREST

Tony McNamara declared a Non-Pecuniary - Less than significant interest in Item 5 for the reason that he worked with one of the objectors - Stephen Nicholson, at Hastings Council. His employment with Council ceased 25 years ago.

05 DA2022 - 312.1 Alterations and Additions to Dwelling and Construction of Secondary Dwelling at Lot 81 DP 38266, No 21 Morrish Street, Port Macquarie

Speakers:

Cathie Jones (opposing the development)

Stephen Nicholson (opposing the development)

Joanne Singleton (opposing the development)

Jonathon Al Dreiby (applicant)

CONSENSUS:

“That DA2022 - 312.1 for Alterations and Additions to Dwelling and Construction of Secondary Dwelling at Lot 81, DP 38266, No. 21 Morrish Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Amend condition B(3)

Prior to the issue of a Construction Certificate amended plans shall be submitted for the

approval of the Principal Certifying Authority. The plans shall detail:

1. The replacement of the roller shutter privacy screen on the western elevation of the first floor deck with a fixed privacy screen having a maximum of 25% openings.

2. The addition of a 500mm semi-transparent privacy screen (louvres/slats/lattice or similar) along the northern rear boundary fence.”

06 DA2021 - 1137.1 - Demolition of Existing Dwelling and Construction of Multi Dwelling Housing with Strata Title Subdivision Resulting in Two (2) Semi-Detached Dwellings and a Dwelling at Lot 1 DP 1255872, No. 5 Tulloch Road, Port Macquarie

Speakers:

Kathy Hancock (opposing the development)

Damien Keep (applicant)

CONSENSUS:

Resolution as per recommendation.

That DA2021 - 1137.1 for demolition of the existing dwelling and construction of multi dwelling housing with strata title subdivision resulting in two (2) semi-detached dwellings and a dwelling at Lot 1 DP 1255872, No. 5 Tulloch Road, Port Macquarie, be determined by granting consent subject to the recommended conditions.

07 DA2021 - 85 - Demolition of Dwelling and Construction of Multi-Dwelling Housing and Strata Subdivision at Lots 11,12 and 13 DP 1084786, No 7 King Street, Wauchope

Speakers:

Jennifer Fahey (opposing the development)

Jennifer Caller (opposing the development)

Greg Caller (opposing the development)

Gillian Lewis (opposing the development)

Malcolm McNeill (applicant)

CONSENSUS:

Resolution as per recommendation subject to the following changes to conditions of consent:

· Additional condition in Section E of the consent to read: ‘Prior to occupation or issue of an occupation certificate 1.8m high solid side (up to front building line) and rear boundary fencing is to be installed around the site.’

· Additional condition in Section B of the consent to read: ‘Prior to issue of a construction certificate the plans are to be amended to provide for a privacy nib wall between the unit 2 ground floor living area and the unit 3 driveway.’

· Additional condition in Section B of the consent to read: ‘Prior to issue of a construction certificate the detailed landscaping plans are to be submitted to an approved by Council. The plans are to provide for aesthetic relief to the streetscape and screening to the norther, eastern and western boundaries.’

· Amend condition E(7) to read: ‘Interallotment drainage shall be piped and centrally located within an inter-allotment drainage easement, installed in accordance with Council’s current AUSPEC standards. Details shall be provided:

· As part of a Local Government Act (s68) application with evidence of registration of the easement with the Land Titles Office provided to Council prior to issue of the s68 Certificate of Completion; or

· As part of a Subdivision Works Certificate with dedication of the easement as part of any Subdivision Certificate associated with interallotment drainage.’

That DA2021 - 85 for the demolition of dwelling and construction of multi-dwelling housing and strata subdivision at Lots 11, 12 and 13, DP 1084786, No. 7 King Street, Wauchope, be determined by granting consent subject to the recommended conditions.

08 GENERAL BUSINESS

Nil

The meeting closed at 4:25pm

AGENDA Development Assessment Panel 02/11/2022

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 02/11/2022

Item: 05

Subject: DA2021 - 878.1 - Boarding House at Lot 3 DP 251011, Cameron Street, Wauchope

Report Author: Development Assessment Officer (Planning), Patrick Galbraith-Robertson

Applicant: Adenbrook Homes

Owner: HM Jackll Pty Ltd

Estimated Cost: $697,655

Parcel no: 3511

Alignment with Delivery Program

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

RECOMMENDATION

That DA2021 - 878 for a boarding house at Lot 3, DP 251011, Cameron Street, Wauchope, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Development Application for a boarding house at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

The assessment of this DA has been outsourced to an independent planning consultant firm as part of a NSW Government ‘Regional Flying Squad Program’ to assist Council with the assessment of Development Applications.

A separate assessment report has been prepared by SJB Planning (consultant firm) as part of the Flying Squad Program which is attached to this report for consideration. The report recommends that the Development Application be approved subject to the attached conditions. Refer to Attachments 1 and 2.

Refer to Attachment 3 at the end of this report for plans of the proposed development and Attachment 5 for the proposed Plan of Management for occupation and operation of the proposed boarding house.

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.

Development Contributions Applicable

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

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

· A copy of the contributions estimate is included as Attachment 4.

Attachments

1 ⇩. Attachment 1 - Assessment Report