Agenda of Development Assessment Panel - Wednesday, 18 January 2023

Development Assessment Panel

ATTENDANCE REGISTER

Member

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

02/11/22

16/11/22

David Crofts

(Independent Chair)

Chris Gee

(Independent Member)

Michael Mason

(Independent Member)

Dan Croft

(Group Manager

Development Services)

Tony McNamara

(Independent Member)

Other attendees

Mayor Peta Pinson

Grant Burge

(Development Engineering Coordinator)

Kerrod Franklin

(Acting Development Engineering Coordinator)

Patrick Galbraith-Robertson

(Development Planning Coordinator)

Steven Ford

(Development Assessment Planner)

Chris Gardiner

(Development Assessment Planner)

Vanessa Penfold (Development Assessment Planner)

Clinton Tink

(Development Assessment Planner)

Jon Power

(Act Development Engineer Coordinator)

Beau Spry

(Development Assessment Planner)

Ben Roberts

(Development Assessment Planner)

Councillor Josh Slade

Councillor Sharon Griffiths

Kate Kennedy

(Building Surveyor)

Warren Wisemantel

Deputy Mayor Adam Roberts

Bob Slater

(Development Assessment Planner)

Alton Dick

(Stormwater Engineer)

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

AGENDA

Development Assessment Panel

18/01/2023

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

18/01/2023

Item: 05

Subject: DA2022 - 680.1 - Alterations and Additions to Tourist and Visitor Accommodation at Lot 3, DP 1113233, No 138 William Street, Port Macquarie

Report Author: Development Assessment Planner, Steven Ford

Applicant: Encompass Drafting

Owner: I M Francis

Estimated Cost: $850,000

Parcel no: 53525

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2022/680.1 for Alterations and Additions to Tourist and Visitor Accommodation at Lot 3, DP 1113233, No. 138 William Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

Following exhibition of the application, 5 submissions were received.

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development is not considered to be contrary to the public's interest and will not result a significant adverse social, environmental or economic impact.

This report recommends that the development application be approved subject to the 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. 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 2,451m2.

The site is zoned B3 Commercial Core 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:

· Conversion of 5 squash courts and provide 10 additional tourist and visitor accommodation rooms.

· Minor changes to existing driveway and car parking layout.

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

Application Chronology

· 29 July 2022 - Application lodged.

· 28 August to 23 September 2022 - Public exhibition via neighbour notification.

· 21 October 2022 - Flood and evacuation report received.

· 27 October 2022 - Traffic and car parking assessment received.

· 11 November 2022 - Additional information and amended plans received.

· 1 December 2022 - Amended car parking assessment received.

Note: DA1999/723 was approved for Conversion of Squash Courts to Motel Units, Relocation of Manager’s Residence, dated 26 August 1999. This approval has now lapsed.

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 (Biodiversity and Conservation) 2021

Chapter 4 Koala Habitat Protection 2021

Clause 4.4 - This SEPP applies to all non-rural zoned land within the Port Macquarie-Hastings Local Government Area.

Clause 4.10 - 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,

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

State Environmental Planning Policy (Resilience and Hazards) 2021

Chapter 2 Coastal Management

Clause 2.5 - This SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

Having regard to clause 2.8 (proximity to coastal wetlands) of this SEPP, the proposed development is not considered likely to result in any of the following:

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

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

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

Having regard to clauses 2.10 and 2.11 of the SEPP the proposed development is not considered likely to result in any of the following:

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

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

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

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

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

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

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

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

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

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

Clause 2.12 - The proposal is not likely to cause increased risk of coastal hazards on the land or other land.

Chapter 4 Remediation of Land

Clause 4.6 - 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 continued tourist and visitor accommodation use.

State Environmental Planning Policy (Transport and Infrastructure) 2021

Clause 2.48 - Development in proximity to electricity infrastructure - referral to Essential Energy has been completed.

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

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 B3 Commercial Core.

· Clause 2.3(1) and the B3 zone landuse table - The proposed development for alterations and additions to tourist and visitor accommodation is a permissible landuse with consent.

The objectives of the B3 zone are as follows:

o To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

o To encourage appropriate employment opportunities in accessible locations.

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

o To ensure that new residential accommodation and tourist and visitor accommodation within the zone does not conflict with the primary function of the centre for retail and business use.

o To provide for the retention and creation of view corridors and pedestrian links throughout the Greater Port Macquarie city centre.

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

o Proposal does not conflict with the primary function of the locality or adjoining landuses. The site already contains established tourist and visitor accommodation.

o The proposed is a permissible use.

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 9.5m which complies with the standard height limit of 19m and 16m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal is 1:1, which complies with the maximum 2.5:1 floor space ratio applying to the site.

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

· Clause 5.21 - The site is within the mapped flood planning area. A flood evacuation assessment prepared by Floodman Engineering, dated 8 September 2022 accompanied the application. Refer to Attachment 4. The report has been reviewed by Council’s specialist flood engineer whom concluded that the proposal complies with the PMHC Flood Policy. The following specific comments have been provided:

“The proposal adheres to objective 1 (a) “to minimise the flood risk to life and property associated with the use of land”, (b) “to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change.

Objectives 1(c) and 1(d) are not required to be addressed in this instance.

The development plans show the following levels:

• Basement carpark level - varies from 1.1m AHD to 2.31m AHD

• Street level units (existing) - approximately 2.1m AHD (surveyed basement FL + 910mm as per architectural plans)

• Ground floor (area subject to development) - approximately 3.6m AHD (surveyed basement FL + 2400mm as per architectural plans).

• First floor units (existing) - approximately 6.48m

· The existing basement carpark and street level units do not meet flood policy requirements with regard to minimum floor levels (FPL2). These areas remain largely unchanged as a result of the development.

· The first floor units comprise approximately 40% of the total floor area and is located above FPL3. The policy requires 25% of floor area to be above FPL3, and the remainder to be at or above FPL2.

· The proposed ground floor additions appear to be above FPL2, complying with the flood policy, however a specific condition has been recommended to confirm.”

· Clause 7.4 - The flood evacuation assessment report lodged provided sufficient details and appropriate measures to the satisfaction of Council’s Flood Officers. Appropriate consent conditions recommended.

· 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.	Noted, existing private waste collection servicing the development.	Y
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).	As per the architectural drawings, the development will not require excavation or filling in excess of 1 metre.	Y

*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Road Hierarchy
23	a) New direct accesses from a development to arterial and distributor roads is not permitted. Routes should differ in alignment and design standard according to the volume and type of traffic they are intended to carry, the desirable traffic speed, and other factors.	No new access proposed.		NA
	b) Existing direct accesses from a development to arterial and distributor roads are rationalised or removed where practical.	Not adjoining arterial road.		NA
	c) Vehicle driveway crossings are minimal in number and width (while being adequate for the nature of the development), and positioned: − to avoid driveways near intersections and road bends, and − to minimise streetscapes dominated by driveways and garage doors, and − to maximise on-street parking.	Existing Driveways utilised. No adverse concern identifiable.		Y
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3. Motel or Hotel Accommodation 1.1 per unit + 1 per 2 employees (onsite at any one time) + 1 for on-site manager. If public restaurant/function room included - see restaurants. Restaurant and retail = 1 per 30m2 serviced floor area. Squash Courts = 3 per court.	The site currently has the following land uses operating on the site: • Palm Court Motor Inn – 24 motel rooms / units including an onsite Manager and 2 administration staff. • Existing Restaurant Operation (109.30m2 GLFA). • Existing Retail Operation (58.50m2 GLFA). • 5 squash courts, and • 36 on-site car parking spaces. Required parking for the existing development: • Motel - 28 • Restaurant - 4 • Retail - 2 • Squash Courts - 15. Total car parking demand of 49 for the existing development based on current car parking rates. Existing shortfall of 12 spaces. Summary of the proposed development: • Motel rooms - 34 • Existing Restaurant Operation (109.30m2 GLFA). • Existing Retail Operation (58.50m2 GLFA), • removing 5x squash courts. • 38 parking spaces to be provided. Required parking for the proposed development: • Motel - 39 • Restaurant - 4 • Retail - 2 Total car parking demand of 45 for the proposed development. A shortfall of 7 spaces. The proposed car parking demand is less than the existing car parking demand of 49 spaces. The proposed development has a 7 space shortfall compared to the existing developments shortfall of 12 spaces. Therefore, the overall impact has been reduced. See justification below.		No. However, considered acceptable due to existing site credit exceeding the required parking
	b) Where a proposed development does not fall within any of the listed definitions, the provision of on-site parking shall be supported by a parking demand study.	NA		NA
	c) Where a proposed development falls within more than one category Council will require the total parking provision for each category.	Multiple uses considered above.		Y
27	a) On street parking will not be permitted unless it can be demonstrated that: − parking does not detract from the streetscape; and − that streetscape improvement works, such as landscaped bays and street trees are provided.	All parking areas are within the subject site. No changes to on street car parking.		Y
Parking Layout
28	a) Visitor and customer parking shall be located so that it is easily accessible from the street.	Parking area is accessible from the main driveway. Operation of the site is also proposed to have valet parking. An appropriate condition is recommended.		Y
	b) Internal signage (including pavement markings) should assist customers and visitors to find parking and circulate efficiently and safely through a car park.	Internal signage is proposed to delineate parking areas and directional
	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.	Onsite parking complies with clause. No adverse concerns are identifiable.		Y
	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking and AS 2890.6 - Off-street parking for individuals with a disability and AS/NZS 2890.2 - Parking facilities - Off-street commercial vehicle facilities.	Comments provided in traffic report and later in this report. Parking design satisfies this clause.		Y
	e) Stack or tandem parking spaces will not be included in assessment of parking provision except where: − the spaces are surplus to that required; − in motor showrooms; − for home business; − for exhibition homes; − in car repair stations; − staff parking spaces are separately identified and delineated; − it is visitor parking associated with a dual occupancy multi dwelling and/or terrace housing, directly in front of the garage with a minimum depth of 5.5m.	NA		NA
29	a) Parking is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking, AS/NZS 2890.2 - Parking facilities - Off-street commercial vehicle facilities, AS 1428 - Design for access and mobility and AS 2890.6 - Off-street parking for individuals with a disability.	Comments provided in traffic report and later in this report. Parking design satisfies this clause.		Y
Section 7.11 Development Contributions
32	a) Section 7.11 of the Environmental Planning and Assessment Act 1979 permits Council, at its discretion, to accept a monetary contribution in lieu of on-site parking where it is considered impractical or undesirable to provide parking facilities on the site of the proposed development. Generally, contributions will not be accepted for the total amount of parking to be provided and will only be accepted in the commercial areas of Port Macquarie, Gordon Street, Laurieton, North Haven and Wauchope, as identified in Council's Contribution Plan 1993, as amended. Contribution rates are indexed (CPI) each quarter with variations in the contribution rate for each area. Applicants are advised to consult Council's staff at the time of preparing the DA application should a contribution for parking be proposed.	Development Contributions apply, see comments later in this report.		NA
Landscaping of Parking Areas
33	a) Landscaping areas shall be provided in the form of large tree planting, understorey plantings, mulch areas, mounding, lawns and the like	Existing landscaping satisfies this clause.		Y
	b) Landscaping areas shall be used throughout the car park and on the perimeters of the property where it addresses the public domain.	Landscaping and design elements proposed along driveway. Undercroft parking, does not require landscaping elements. No adverse concerns with regards to this clause.		Y
	c) Garden beds shall be a minimum of 3m in width between car parking areas and street boundaries.	NA - Car parking behind building line.		NA
	Surface Finishes
35	a) All parking and manoeuvring areas shall be constructed with a coarse base of sufficient depth to suit the amount of traffic generated by the development, as determined by Council. It shall be sealed with either bitumen, asphaltic concrete, concrete or interlocking pavers. Preliminary details of construction materials for access and car parking areas shall be submitted with the development application. Detailed plans shall be prepared for the construction certificate by a practising qualified Civil Engineer.	No changes to existing surface.		Y
	b) In special cases (e.g. where traffic volumes are very low) Council may consider the use of consolidated unsealed gravel pavement for car parks. However, this should not be assumed and will need to be justified by the applicant at the Development Application stage.	No changes required.		Y
	Drainage
36	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	No change to existing car parking levels. Capable of complying.		Y
	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.	No significant changes proposed.		Y
37	a) Car parking areas should be drained to swales, bio retention, rain gardens and infiltration areas.	NA		NA
	Loading Bays
38	a) Off street commercial vehicle facilities are provided in accordance with AS/NZS 2890.2 - Parking facilities - Off-street commercial vehicle facilities.	No changes to existing arrangement for Hotel or Commercial tenancies.		Y
	b) Loading bays should be provided in accordance with the following requirements; - Minimum dimensions to be 3.5m wide x 6m long. (This may increase according to the size and type of vehicle). - Vertical clearance shall be a minimum of 5m. - Adequate provision shall be made on-site for the loading, unloading and manoeuvring of delivery vehicles in an area separate from any customer car parking area. - A limited number of ‘employee only’ car parking spaces may be combined with loading facilities. - Loading areas shall be designed to accommodate appropriate turning paths for the maximum design vehicle using the site. - Vehicles are to be capable of manoeuvring in and out of docks without causing conflict with other street or on-site traffic. - Vehicles are to stand wholly within the site during such operations.	NA		NA
	c) Industrial development shall provide adequate heavy vehicle access to building entries, or alternatively, external bays located appropriately for goods distribution.	NA		NA
	d) For external bays, one bay is required for 500m² of floor space or 1000m² of site area.	NA		NA
	e) Commercial development having a floor space less than 500m² need not provide a loading bay.	NA		NA
	f) Other commercial development shall provide one loading bay for the first 1,000m² floor space and one additional bay for each additional 2,000m².	NA		NA
	g) If parcel pickup facilities are provided on-site they shall be located so as to avoid conflict with general traffic flow within parking areas. Parcel pickup lanes shall be separate from through traffic lanes in major shopping developments.	NA		NA

*DCP 2013: Part B - General Provisions - B5: Social Impact Assessment and Crime Prevention*
DCP Objective	Development Provisions	Proposed	Complies
Social Impact Assessment
42	a) A social impact assessment shall be submitted in accordance with the Council’s Social Impact Assessment Policy.	The proposed additional tourist and visitor accommodation does not have any direct social impacts to the local amenity or adjoining land uses. The proposal does not require a Social Impact Assessment under Council’s Social Impact Policy. However, there have been a number of objections received regarding social impacts of the commercial decision to replace the existing squash courts. It is noted that the squash courts are a private business and not a government community facility.	Y
Crime Prevention
43	a) The development addresses the generic principles of crime prevention: - Casual surveillance and sightlines; - Land use mix and activity generators; - Definition of use and ownership; - Basic exterior building design; - Lighting; - Way-finding; and - Predictable routes and entrapment locations; - as described in the Crime Prevention Through Environmental Design (CPTED) principles.	The proposed alterations and additions to the existing development does not create significant changes or entrapment areas that would support refusal of this application. Basic lighting and way finding signs are existing and considered appropriate. Additional elements are capable of being retrofitted if required.	Y

*DCP 2013: Part C - Development Specific Provisions - C3: Business and Commercial Development*
DCP Objective	Development Provisions	Proposed	Complies
97	Setbacks a) A zero metre setback to ground floor is preferred for B1 Neighbourhood Centre, B2 Local Centre, B3 Commercial Centre and B4 Mixed Use zone developments.	No changes to existing side setbacks The proposed alterations and additions are within the existing external walls. Note: additional windows and openings for balconies to be cut into the existing wall. Privacy and proximity to adjoining residential uses considered later in this report as acceptable.	Yes
97	b) Any front setback for other commercial zones to be considered on merit, having regard to existing streetscape.	No changes to primary street frontage by this application.	Yes
103	a) Infill development or alterations should respect the form, scale and massing of existing traditional buildings.	There are no additional adverse impacts identifiable to bulk and scale of the existing development	Yes
103	b) Where traditional frontages and facades set the architectural theme for parts of a Centre, infill buildings or alterations respect and reflect the architectural qualities and traditional materials of those buildings, but do not necessarily imitate historical architectural styles.	No changes to street frontage proposed.	N/A
104	Active Frontages a) Ground floor levels should not be used for residential purposes in zones B1 Neighbourhood Centre, B2 Local Centre, B3 Commercial core and B4 Mixed use.	No changes to street frontage proposed.	N/A
105	a) Active frontages should consist of one or more of the following: − A shop front. − Commercial and residential lobbies. − Café or restaurant if accompanied by an entry from the street. − Public building if accompanied by an entry from the street.	No changes to street frontage proposed.	N/A
	b) A minimum of 50% of the ground floor level front facade should be clear glazed.	No changes to street frontage proposed.	N/A
	c) Active ground floor uses are to be accessible and at the same level as the footpath.	No changes to street frontage proposed.	N/A
	d) Restaurants, cafés and the like shall provide openable shop fronts to the footpath but must not encroach into footpath.	No changes to existing frontage with regards to the existing food and drink premises or retail land uses proposed.	N/A
	e) Colonnade structures shall not be used unless it is demonstrated that the design would not restrict visibility into the shop or commercial premise or limit natural daylight along footpaths and do not create opportunities for concealment.	No changes to the existing location of the entrance/reception area of the existing Tourist & Visitor Accommodation	N/A
111	Landscaping a) A landscape plan shall be submitted with the development application and include: − Existing vegetation; and − Existing vegetation proposed to be removed; and − Proposed general planting and landscape treatment; and − Design details of hard landscaping elements and major earth cuts, fills and any mounding; and − Street trees; and − Existing and proposed street furniture including proposed signage.	Narrow landscaping along the eastern boundary to be removed to widen driveway to allow parking and improved access to parking. This strip is landscape planting only and somewhat to visual to passing traffic or adjoining developments. No changes to street frontage proposed.	N/A
111	b) Vegetation is provided on top of podium levels, on tops of car parks, and on balconies and verandas fronting the street below podium level.	None proposed	N/A
112	a) All street plantings are to be selected from Council's Indigenous Street and Open Space Planting List from the relevant vegetation community adjacent to the Development.	No changes proposed	N/A
119	Gateways & Landmark Sites a) The design of buildings on corner sites or at the ends of business or commercial zones, shall emphasise the importance of the corner as a focal point.	Site is at the end of the B2 zoned land, However, no changes to street frontage is proposed or the significant changes to the external appearance of the existing building.	N/A
	b) Corner sites or at the ends of business or commercial zones shall be constructed to boundary or with a minimal setback with no car parking or servicing between the site boundary and the building.	N/A	N/A
	c) Design devices such as; − increased wall heights, splayed corner details, expression of junction of building planes, contrasting building materials; and other architectural features; should be used to reinforce the way finding attributes and significance of focal points.	N/A	N/A
	d) Shopfronts shall wrap around corners and entrances located centrally to the corner.	N/A - not considered a corner site.	N/A
	e) The tallest portion of the building shall be on the corner.	N/A	N/A
120	Vehicular Access Location and Design a) No direct vehicular access to at grade or basement car parking from the active street frontage should be permitted in B1 Neighbourhood Centre, B2 Local Centre, B3 Commercial Core and B4 Mixed Use zones.	No new driveways proposed. The proposed development utilises existing driveways along William St and Secondary exit driveway on Hayward St. There are no additional adverse impacts to the street amenity or vehicle circulation of William street caused by the proposed development.	N/A
	b) The number of vehicular crossovers shall be kept to a minimum and appropriate sight lines provided to ensure safe integration of pedestrian and vehicular movement.	No new driveway crossovers proposed.	Yes
	c) Any car park ramps are located largely within the building footprint.	No changes to the existing driveway grades.	Yes
	d) Underground car parks must be designed to enable all vehicles to access and egress in a forward direction.	Appropriate circulation provided to the undercroft parking area.	Yes
	e) Vehicular entrances to underground car parks are to be; − Located on minor streets; − Have a maximum crossover of 6.0m; − Shall be signed and lit appropriately; − Shall be designed so that exiting vehicles have clear sight of pedestrians and cyclists.	No changes proposed to entrance and exit driveways.	Yes
	f) At-grade / surface car parking areas adjacent to streets shall be generally avoided or at least adequately softened by appropriate landscaping.	N/A	N/A
	g) All stairs and elevators in the parking structure are clearly visible.	Capable of being sign-posted and illuminated.	Yes
121	a) The street level frontage of car parking structures (including multi-level car parks) where adjoining public places, including streets, share ways and laneways, shall present an active frontage along the entire frontage less any car park entry.	No onsite street level parking proposed.	N/A
122	a) Internal finishes of underground car parks are to be consistent with the external materials where they are visible from the public realm.	Parking area not considered underground car parking.	N/A
	b) Underground car parks shall generally be designed for natural ventilation. Ventilation ducts/grilles shall integrate with the streetscape, be unobtrusive and/or appropriately screened.	N/A	N/A
	c) Garage doors to underground parking shall be designed to complement the materials used elsewhere on the development.	N/A	N/A
123	Pedestrian Entries & Access a) Pedestrian and vehicle movement areas are separated to minimise conflict.	No change to existing shared driveway and pedestrian access. No adverse concern identifiable.	No, but considered acceptable based on existing use.
123	b) Changes in pavement material, levels, lining or tactile treatments are used to distinguish changes between vehicle and pedestrian access ways.	No change to existing shared driveway and pedestrian access. No adverse concern identifiable.	No, but considered acceptable based on existing use.
125	a) Secure and convenient parking/storing for bicycles is provided close to the entrance of the development and with good surveillance.	Demand not considered high for this type of development. However, parking level storage is possible and capable of being retrofitted without impacting car parking spaces.	No, but considered acceptable based on limited demand.

The proposal seeks to vary the Development Provision relating to parking provisions of clause 24.

The relevant objectives are:

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

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

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

· The proposed development has been supported by a Car Parking Assessment completed by Streetwise Road Safety and Traffic Services.

· The proposed development does not exceed the existing approved land use off street car parking or traffic demand.

· The proposal includes a valet service for disabled access and alleviates some of the concern of car park access and manoeuvring.

· The turnover of traffic generated is likely to be less than the existing squash court development.

· There are no additional adverse impacts to traffic or road function surrounding the subject site identifiable.

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

Demolition of buildings AS 2601 - Clause 61

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

(b) The likely impacts of that development, including environmental impacts

on both the natural and built environments, social and economic impacts in the locality

Context and Setting

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

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

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts. Adequate building separation is proposed/existing.

There are no significant adverse overshadowing impacts. The proposal does not prevent adjoining properties from receiving 3 hours of sunlight to private open space and primary living areas on 21 June between the hours of 9am and 3pm.

Site Frontage & Access

The site has frontages to William Street and Hayward Street, both being sealed public roads under the car and control of council.

William Street is the primary frontage, and the site has an existing driveway from this road into the site. William Street is classified under AUSPEC as a Commercial road, with a 23m carriageway within a 30m road reserve. This frontage includes full width footpath paving, upright SA kerb and gutter, angled kerbside parking, and a painted central median.

Hayward Street is the secondary frontage at the rear of the site, and this site has an existing driveway access from this road as well. Hayward Street at this location is near the end of the street with an existing cul-de-sac / turning area in place. This street primarily acts as a service road to the car parking areas of the nearby property’s whom also have dual road frontages to Short Street.

Vehicle access to the site is proposed though the existing access driveway off William Street, with egress out of the site via the existing driveway to Hayward Street. All accesses shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Due to the nature of the development, additional works area required to be included as follows:

· Driveway upgrade off William Street per AUSPEC standard drawings and Town Centre Master Plan finishes.

· Pavement widening and kerb changes to Hayward Street entrance.

· Appropriate conditions are recommended in this regard.

Traffic and Transport

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

Parking and Manoeuvring

The application was accompanied by a supporting Car Parking Assessment completed by StreetWise Road Safety and Traffic Service, Rev 4, dated 28 November 2022. Refer to Attachment 5. It is noted this assessment includes the emblems and names of some organisations which appear to be not relevant to this application, however this does not impact the overall outcome of the report.

A total of 38 parking spaces (including a valet service for clients requiring disabled access) have been provided on-site. The supporting Car Parking Assessment has demonstrated that the proposed development will have a reduced demand for on-site parking compared to the existing development. See comments earlier in this report for calculation.

The original car parking area was established and operational prior to the implementation of AS2890 being the appropriate standards for car parking design. The car parking area is unable to comply with the current standards for off street car parking facilities without significant structural modifications to the site. The introduction of access control to the parking area and valet parking for the operation of the site is considered an appropriate strategy to manage the non-compliance of the existing but modified car parking proposal in this specific instance.

Due to the nature of the development, additional items required include:

· Valet parking for the operation of the site.

· Access controlled entry, low clearance signage, no entry / exit signage as necessary.

Appropriate conditions are recommended in this regard.

Water Supply Connection

Council records indicate that is a 100mm AC main servicing the development, with a 50mm metered service. A hydraulic strategy and plans are required from a hydraulic consultant for the whole of the development. Water service sizing is then to be determined by the hydraulic consultant to suit the proposed domestic and commercial components of the development, as well as addressing fire service requirements to AS 2419 and backflow protection requirements Details are to be shown on the engineering plans.

Appropriate conditions are recommended in this regard.

Sewer Connection

Council records indicate that the sewer main traverses the site under the proposed development. The main shall be moved clear of the development, to run around the perimeter of the site and to reconnect the adjoining properties to the sewer. The sewer discharge for this development shall be upgraded to discharging directly into a new manhole.

It is noted that the development will be in the zone of influence to the new sewer main. Engineering details are required to ensure no loads are transferred to the sewer main.

Details are to be shown on the engineering plans.

Appropriate conditions are recommended in this regard.

Stormwater

A detailed site stormwater management plan will be required to be submitted for assessment with the S.68 application and prior to the issue of a Construction Certificate, in accordance with Councils AUSPEC requirements and the relevant Australian Standard requirements.

Appropriate conditions are recommended in this regard.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

The site is considered to be disturbed land.

Other land resources

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

Water cycle

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

Soils

The proposed development will not have any significant adverse impacts on soils in terms of quality, erosion, stability and/or productivity 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 Section J of the Building Code of Australia. No adverse impacts anticipated.

Noise and vibration

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

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

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

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
Loss of the only squash court facility in Port Macquarie.	The existing development is privately owned and the commercial decision has been made to seek approval to redevelop based on an economic decision and use of the site. There is no planning mechanism to refuse the application based on merit of the recreation facility and availability of these facilities to the general public. Also, note that this development has previously been explored with a development application reference DA1999 - 723, determined with approval on 26 August 1999, which approved the alterations and additions to the squash courts to an additional 11 units.
Inadequate social impact statement with regards to the removal of the only squash courts in Port Macquarie.	Given the nature of the proposed development, the current land zoning, permissibility of the land use and its location, the proposal is not considered to have any significant adverse social impacts to the immediate area known as the Port Macquarie CBD or adjoining residential zone. It is noted that over time sporting facilities open and close due to demand. Unfortunately, the loss of the squash court facility will have a significant impact to the local squash community. However, the merit of this impact alone does not justify refusal of the application.
Privacy Impact to the adjoin Mantra Quayside tourist and visitor accommodation. Could the rooms facing the Mantra be redesigned to face short street?	The concern raised was discussed with the applicant. The balcony opening is minimal in size to all for ventilation of the rooms and have been located to provide solar access. The proposed balconies will be positioned lower and below the balustrade line of the adjoining developments rooms with potential privacy concerns. Noting that the adjoining rooms have glass balustrades with no privacy protection for future adjoining development. The nearest balcony will be approximately 11m from balustrade of the existing balconies. Privacy screening with 25% transparency indicated on plans, are considered adequate in this instance and maintains a level of visual interest. The new openings and variation of materials will in provided articulation and visual interest to what is currently and blank unarticulated wall. Appropriate condition to require the installation of the proposed privacy screens prior to occupation certificate, in addition to the louvres to be fixed
Noise impacts to adjoin Mantra Quayside existing balconies and bedrooms. Is there any additional sound proofing in the wall cavities? Is there a sound rating for the privacy screens?	There are no adverse impacts identifiable between both adjoining tourist and visitor accommodation developments. There will be approximately a 15m separation between the proposed unit’s balcony door and the adjoining development sliding balcony doors. Providing the intermitted use of the balconies, there are no adverse impacts with noise. Standard condition is recommended for noise omitted from mechanical ventilation systems and operation of the tourist and visitor accommodation.

Submission Issue/Summary

Planning Comment/Response

Loss of the only squash court facility in Port Macquarie.

The existing development is privately owned and the commercial decision has been made to seek approval to redevelop based on an economic decision and use of the site. There is no planning mechanism to refuse the application based on merit of the recreation facility and availability of these facilities to the general public.

Also, note that this development has previously been explored with a development application reference DA1999 - 723, determined with approval on 26 August 1999, which approved the alterations and additions to the squash courts to an additional 11 units.

Inadequate social impact statement with regards to the removal of the only squash courts in Port Macquarie.

Given the nature of the proposed development, the current land zoning, permissibility of the land use and its location, the proposal is not considered to have any significant adverse social impacts to the immediate area known as the Port Macquarie CBD or adjoining residential zone.

It is noted that over time sporting facilities open and close due to demand. Unfortunately, the loss of the squash court facility will have a significant impact to the local squash community. However, the merit of this impact alone does not justify refusal of the application.

Privacy Impact to the adjoin Mantra Quayside tourist and visitor accommodation.

Could the rooms facing the Mantra be redesigned to face short street?

The concern raised was discussed with the applicant. The balcony opening is minimal in size to all for ventilation of the rooms and have been located to provide solar access.

The proposed balconies will be positioned lower and below the balustrade line of the adjoining developments rooms with potential privacy concerns. Noting that the adjoining rooms have glass balustrades with no privacy protection for future adjoining development.

The nearest balcony will be approximately 11m from balustrade of the existing balconies. Privacy screening with 25% transparency indicated on plans, are considered adequate in this instance and maintains a level of visual interest.

The new openings and variation of materials will in provided articulation and visual interest to what is currently and blank unarticulated wall.

Appropriate condition to require the installation of the proposed privacy screens prior to occupation certificate, in addition to the louvres to be fixed

Noise impacts to adjoin Mantra Quayside existing balconies and bedrooms.

Is there any additional sound proofing in the wall cavities?

Is there a sound rating for the privacy screens?

There are no adverse impacts identifiable between both adjoining tourist and visitor accommodation developments.

There will be approximately a 15m separation between the proposed unit’s balcony door and the adjoining development sliding balcony doors. Providing the intermitted use of the balconies, there are no adverse impacts with noise.

Standard condition is recommended for noise omitted from mechanical ventilation systems and operation of the tourist and visitor accommodation.

(e) The Public Interest

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

(f) Ecologically Sustainable Development and Precautionary Principle

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

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

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

(g) Climate change

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

· Development contributions will 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 7.12 of the Environmental Planning and Assessment Act 1979 towards roads, open space, community cultural services, emergency services and administration buildings.

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

5. CONCLUSION AND STATEMENT OF REASON

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

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

The proposed development does not raise any significant general public interest issues beyond matters already addressed in this report. Overall, the proposed development is consistent with the provisions and objectives of the relevant planning controls and will have an acceptable impact on the surrounding natural and built environment. Approval of the application is considered to be in the public interest as it achieves the LEP objectives for development in the zone. No significant adverse environmental, social or economic impacts on the locality have been identified. Accordingly, the proposal is considered to be in the public interest.

Attachments

1 ⇩. DA2022 - 680.1 Recommended Conditions.