Agenda of Development Assessment Panel - Wednesday, 15 March 2023

AGENDA

Development Assessment Panel

15/03/2023

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

15/03/2023

Item: 05

Subject: DA2022 - 965.01 Ancillary Building, Lot 19 DP 264398 13 Mahogany Hill Port Macquarie

Report Author: Development Assessment Planner, Steven Ford

Applicant: S R Percival

Owner: S R Percival and R Kloock

Estimated Cost: $30,000

Parcel no: 13496

Alignment with Delivery Program

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

RECOMMENDATION

That DA2022 - 965 for an Ancillary Building - Carport at Lot 19, DP 264398, No. 13 Mahogany Hill, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for an Ancillary Building - Carport 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, 4 submissions were received for the original proposed development. However, after a redesign of the proposed development, the application was renotified and 2 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 1000m².

The site is zoned C4 Environmental Living 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:

· Proposed development has been redesigned during the assessment period.

· The proposal is for an Ancillary Building - Carport

· The subject site has dual street frontages.

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

Application Chronology

· 11/11/2022 - Application Lodged

· 24/11/2022 until 07/12/2022 - Public Exhibition

· 6/01/2023 - Additional information and response to submissions requested

· 9/01/2023 - Response and redesign submitted.

· 03/02/2023 until 16/02/2023 - Re-exhibition of amended plans

· 21/02/2023 - Additional information requested

· 21/02/2023 - Response to additional information received.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

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

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

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.

3. No clearing is proposed of koala habitat.

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 intended 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 having regard for any of the following:

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

(b) development carried out:

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

(ii) immediately adjacent to an electricity substation, or

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

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

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 C4 Environmental Living.

· Clause 2.3(1) and the C4 zone landuse table - The ancillary structure to a dwelling is a permissible landuse with consent.

The objectives of the C4 zone are as follows:

o To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

o To ensure that residential development does not have an adverse effect on those values.

· Clause 2.3(2) - The proposal is consistent with the zone objectives as a low impact ancillary addition to an existing dwelling.

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 2.8 m which complies with the standard height limit of 8.5 m applying to the site.

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

· Clause 7.13 - Satisfactory arrangements are in place for provision of essential services including electricity supply, 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.

(iv) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Part B - General Provisions - B2: Environmental Management*
DCP Objective	Development Provisions	Proposed	Complies
3	a) Development must comply with Council’s Developments, Public Place & Events - Waste Minimisation and Management Policy.	Satisfactory arrangements can be put in place for storage and collection of waste. Standard condition recommended for construction waste management.	Yes
Cut and Fill Regrading
4	a) Development shall not exceed a maximum cut of 1.0m and fill of 1.0m measured vertically above the ground level (existing) at a distance of 1.0m outside the perimeter of the external walls of the building (This does not apply to buildings where such cut and fill is fully retained within or by the external walls of the building).	Proposed 1m cut proposed along northern elevation of carport. The proposed cut will be within the footprint of the proposed carport and does not exceed the numerical control of this provision.	Yes
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	The retaining walls will not exceed 1m in height. However, a standard condition is recommended to manage this requirement.	Yes
5	b) Where a combination of a fence and a wall is proposed to be greater than 1.2m high: - be a maximum combined height of 1.8m above existing property boundary level; - be constructed up to the front boundary for a maximum length of 6.0m or 30% of the street frontage, whichever is less; − the fence component has openings which make it not less than 25% transparent; and − provide a 3m x 3m splay for corner sites, and - provide a 900mm x 900mm splay for vehicle driveway entrances.	No combination fence and retaining wall proposed that will impact to adjoining developments with regards to increase height.	Yes

DCP 2013: Part B - General Provision - B3: Hazards Management

Bushfire Hazard Management

a) APZs are to be located outside of environmental protection zones and wholly provided within private land. Note perimeter roads provided as part of a residential subdivision are classified as being part of the subdivision and not a separate permissible land use within environment protection zones.

APZ does not encroach environmental protection zones.

Yes

*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3: - 1 parking space per each dwelling for dwelling-house.	Proposed development is to formalise off-street car parking.	Yes
Parking Layout
28	c) Parking spaces shall generally be behind the building line but may be located between the building line and the street when: − it is stacked parking in the driveway; or − it can be demonstrated that improvements to the open space provided will result; and − the spaces are screened (densely landscaped or similar) from the street by a landscaping with a minimum width of 3.0m for the entire length of the parking area.	Development site has two street frontages. The proposed development will be forward of the building line to Mahogany Hill. However, the DCP defines the primary frontage is that which addresses the road with the higher volume of traffic. In this case, Mahogany Hill is a no through (cul-de-sac) road with a low volume of traffic compared to McLaren Drive. Therefore, Mahogany Hill boundary can be considered as a secondary frontage.	No - See comments below
28	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking.	Capable of complying	Yes
34	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	Capable of complying	Yes
34	b) Council will not permit the discharge of stormwater directly into kerbing and guttering or table drains for any development other than that of a minor nature.	No discharge to kerb proposed.	Yes

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

*DCP 2013: Part C - Development Specific Provisions - C1: Low Density Residential Development*
DCP Objective	Development Provisions	Proposed	Complies
Front Setbacks
44	a) Dwellings may incorporate an articulation zone to a street frontage at no less than 3m from property boundary. The following building elements are permitted within the articulation zone: − an entry feature or portico; − a balcony, deck, patio, pergola, terrace or verandah; − a window box treatment; − a bay window or similar feature; − an awning or other feature over a window; − a sun shading feature. b) These building elements should not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.	Proposed structure will encroach into the articulation zone and seeks a variation to the design provisions. See justification below.	No, but considered acceptable.
44	c) The primary road front setback shall be: Classified road = any frontage 6.0m Primary frontage = 4.5m Secondary frontage = 3.0m Ancillary Lane = 2.0m Large lot residential and rural zones = 10.0m	Setback to secondary frontage 1m. See comments below.	No, but considered acceptable see justification below.
45	a) A garage, carport or car parking space should: − be at least 1m behind the building line, where the dwelling(s) has a setback from a front boundary of 4.5m or more, or − be at least 5.5m from a front boundary, where the dwelling(s) has a setback of less than 4.5m.	The proposed structure is forward of the building line to the secondary street frontage. See justification below.	No, but considered acceptable.
	b) The total width of the garage/carport openings should not be more than 6m and not more than 50 per cent of the width of the building.	Carport opening is 6.41m. However, the carport opening does not directly face the street frontage. The car port is partially screened by a boundary fence and landscaping. See comments below.	No, but considered acceptable.
	c) Driveway crossovers are no greater than 5.0m in width.	Proposed driveway is 3m wide.	Yes
	d) Where a dual occupancy or attached dwelling is proposed on a corner lot a garage and driveway is provided on each road frontage.	NA - however single driveway proposed to each street frontage.	NA
Side and Rear Setbacks
46	a) A minimum rear boundary setback of 4m is to be provided to dwellings (including verandahs, patios and decks).	NA - Site is not considered to have a rear boundary due to dual street frontage.	NA
	b) A minimum rear boundary setback of 900mm applies to sheds and swimming pools subject to achieving minimum required private open space area.	NA - Site is not considered to have a rear boundary due to dual street frontage. However, the proposed carport would be considered to comply with this clause.	NA
	c) Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback. In that instance, one side setback should be a minimum 4m in width (for an equivalent length of rear boundary, behind building line) and the rear setback may be reduced to 900mm.	NA	NA
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	900mm side setback to the eastern boundary.	Yes
	b) First floors and above (including single storey with floor level >1m) should be setback a minimum of 3m from the side boundary, or reduced down to 900mm where it can be demonstrated that the adjoining property’s primary living rooms and principal private open space areas are not adversely overshadowed for more than 3hrs between 9am - 3pm on 21 June.	NA	NA
	c) First floors and above should have building walls that step in and out at least every 12m by a minimum of 500mm articulation. Where first floors and above are setback >3m, wall articulation is not required.	NA	NA
Private Open Space
48.	a) All dwellings should have a minimum area of private open space of 35m2, which includes a principal private open space area with: − a minimum dimension of 4m x 4m, and − a maximum grade of 5% for minimum 4m x 4m of the total open space requirement, and − direct accessibility from a ground floor living area and orientated to maximise use.	The site has appropriate private open space complying with the design provisions of this clause.	Y
	b) Private open space may include clothes drying areas and garbage storage.	NA	NA
Public Domain and Fencing
49	a) Front fences built forward of the building line for the primary road frontage should be detailed on the development application plans.	No fence proposed on plans. However, an exempt 1.2m high fence along the road frontage could be incorporated into the landscaping design to screen the proposed development. See recommended draft condition.	NA
	b) Solid Front fences up to 1.2m high should be: − Setback 1.0m from the front boundary, and − Suitably landscaped to reduce visual impact, and − Provide a 3m x 3m splay for corner sites.	NA	NA
	b) Front fences proposed to be more than 1.2m high should be a maximum of 1.8m in height, above existing front property boundary level, and either: − Include landscaped recesses having minimum dimensions of 1.8m long x 900mm deep which occupy no less than 50% of the total length of the fence, or − be erected up to the front boundary for a maximum length of 6.0m or 50% of the street frontage,	NA	NA
	c) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);	NA	NA
	d) provide a 3m x 3m splay for corner sites, and	NA	NA
	e) provide a 900mm x 900mm splay for vehicle driveway entrances.	NA	NA
50	a) For tennis courts or other similar areas, chain wire fences should be black or dark green plastic coated mesh.	NA	NA
50	b) Solid fences enclosing these facilities should not be permitted over 1.8m.	NA	NA
Bulk and Scale
51	a) Direct views between indoor living rooms and principal private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots, including possible dwellings on future lots, should be obscured or screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius. − Direct views between principal private open space areas where within a 12m radius. − Direct views between indoor living rooms of dwellings into the principal area of private open space of other dwellings within a 12m radius.	No privacy concerns identified.	Yes
	b) A balcony, deck, patio, pergola, terrace or verandah should have a privacy screen where there are direct views of: − Indoor living room windows of adjacent dwellings, including proposed dwellings approved on adjoining lots within 9m radius; or − Principal areas of private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots within a 12m radius.	Proposed carport will be approximately the same height as the eastern boundary fence. Therefore no direct views into adjoining properties.	Yes
	c) Privacy protection is not required for: − Any Indoor living room windows with a sill height of greater than 1.5m above the finished floor level of that room or where fixed non-openable translucent glass is installed to the same height.	NA	NA
	d) Direct views described above may be reduced or obscured by one of the following measures (details to be submitted with the development application): − 1.8m high fence or wall between ground-floor level windows or between a dwelling and principal private open space − Screening of minimum 1.7m height, that has 25% openings (max), with no individual opening more than 30mm wide, is permanently fixed and is made of durable materials. − A window, the whole of which has translucent glass and is not able to be opened.	Proposal does not require any additional screening to improve privacy.	Yes
Ancillary Development
56	a) For ancillary development in R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, R5 Large Lot Residential and RU5 Village zones: − The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot should not be more than 4.8m above ground level (existing). − The building should be single storey construction with a maximum roof pitch of 24 degrees. − The maximum area of the building should be 60m2 for lots less than 900m² and maximum of 100m² for larger lots. − Ancillary development that is a garage, or an outbuilding, or a rainwater tank should not be located in front of the main building line with the exception of swimming pools.	Proposed detached carport is 2.8m high, 5-degree roof pitch, and total area under the roofline is 46.8m2. It is noted that the proposed building is located between the secondary road frontage and existing building line.	Yes

The proposal seeks to vary Development Provision relating to Clause 44 with a variation to the street frontage and encroaching the articulation zone.

The relevant objectives are:

· Front setbacks should support an attractive streetscape.

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

· The proposal has been redesigned and setback approximately 12m from the kerb.

· The location of the proposed garage will not require removal of any significant vegetation.

· The structure is at the end Mahogany Hill, which is described as a cul-de-sac, and will not impact traffic.

· The existing property relies on on-street car parking or an unsealed access from Mahogany Hill. The proposal will formalise off-street car parking.

· The proposal will improve the street amenity of the properties frontage to Mahogany Hill by providing off street parking.

· There are other examples of existing properties encroaching the articulation zone in the immediate vicinity.

· From the street the proposed structure will be cut in to reduce the height and screened by a 1.2m high fence or screening plants. This will soften any perceived impacts to the street amenity.

The proposal seeks to vary Development Provision relating to Clause 45 with regards to the proposed carport being forward of the building line to a street frontage.

The relevant objectives are:

· To minimise the impact of garages and driveways on the streetscape, on street parking and amenity.

· To minimise the visual dominance of garages in the streetscape.

· To provide safe and functional vehicular access.

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

· To minimise the visual dominance to the streetscape the proposed carport opening does not directly face the street frontage.

· The proposed structure will be screened by a boundary fence and landscaping.

· There are no identifiable safety concerns to the existing or future traffic movements.

· The proposed structure will encourage off street car parking and formalise a driveway crossover which will improve street amenity along the subject street frontage.

· The perceived impact of the variation will be softened because of the large road verge and distance from the kerb to the proposed development.

Based on the above assessment, the variations proposed to the provisions of the DCP are considered acceptable and the relevant objectives have been satisfied. Cumulatively, the variations do not amount to an adverse impact 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.

(v) Any matters prescribed by the Regulations

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

Context and Setting

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

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

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

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

Access, Traffic and Transport

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

Water Supply Connection

Service available – details required with Section 68 application.

An appropriate standard condition is recommended in this regard.

Sewer Connection

The proposed works are to be clear of the existing sewer junction and main traversing the site. The required distance off the junction is to be determined in relation to the depth.

Service available - details required with Section 68 application.

An appropriate standard condition is recommended in this regard.

Stormwater

Service available - details required with Section 68 application.

An appropriate standard condition is recommended in this regard.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

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

Air and microclimate

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

Flora and fauna

Proposed development has been redesign and located to an area clear of any concerns with existing native vegetation.

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

No adverse impacts identified.

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone.

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

An assessment of bushfire risk having regard to section 4.3.5 of Planning for Bushfire Protection 2019 including vegetation classification and slope concludes that a Bushfire Attack Level 19 shall be required.

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

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

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

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

(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
Driveway crossover	A section 138 application will be required before any works within the road reserve. The proposed driveway crossover is 3m wide and will be consistent with Council’s requirements. The location of the driveway will have no identifiable adverse impacts to traffic, on-street parking or safety. There are no adverse concerns to support refusal of a driveway crossover to the subject road frontage.
Location of the proposed garage. The proposed variation to the front boundary setback is unnecessary as there are other viable options for locating a garage (or carport) with a complying setback on the property, including at the rear of the property via the existing formal driveway access off McLaren Drive.	The siting and orientation of the existing dwelling define the limited parameters available for the location of a garage to best serve the functional use of the dwelling. The dwelling has been designed with its primary façade and entry facing Mahogany Hill. Similarly, all living rooms are positioned to face the Mahogany Hill streetscape and northern orientation of the site.
Front setback variation and carport forward of the building line.	The design has changed from a garage to a carport in a more appropriate location during assessment of the application. With consideration of Clause 45 of the DCP the design has sought to balance these considerations against several unusual site specific provisions that apply and warrant favourable determination of the application. In addition to the limitations imposed due to the siting and orientation of the existing dwelling the following factors were considered in regard to the proposal. Such as the unusual cul-de-sac shape road reserve, lot layout, no rear yard, As discussed earlier in the report, the proposed street frontage is considered the secondary frontage. The DCP requires a 3m setback to the secondary frontage. The proposed has a 1m front setback. However, design elements such as orientation, reduced height, location, no further vegetation removal and proximity to the kerb, have been utilised to soften the impact of the variation to the streetscape. There are also other examples of building elements forward of the front building line or within the articulation zone. The amended design is considered to have minor impact and suitable within the existing streetscape.
It is closer to the roadway than any other building in the subdivision.	Mahogany Hill subdivision has an unusual layout. The road reserve and distance between the kerb and street frontages vary significantly. Within the vicinity of Mahogany Hill, there are other examples of front building lines encroaching the 3m articulation zone, garages and carports forward of the building line. i.e. 22 Mahogany Hill, 20 Mahogany Hill, 7 Mahogany Hill, all have variations that are visible from the subject site.
The two walls of the building are labelled “sheet finish” but the material is not identified. This lack of information is unacceptable. What design materials are being used to soften the intrusiveness of the carport to the street.	The Applicant has confirmed that the side walls of the carport with be a compressed external cladding and not metal sheets. A draft condition has been recommended for confirmation prior to the construction certificate stage.
Obstruction of views	The proposed carport will be lower than the pitch of the adjoining dwellings and the eastern elevation will be a similar height as the 1.8m boundary fence. It is also noted that the location of the carport does not directly adjoin the primary living area or private open space. During the site inspection, no significant view loss could be identified or impact caused by the proposed development to support refusal.
If approved, the carport should be required to be not visible from the road and be concealed by a complying fence across the front of the Mahogany Hill side of the property	The Applicant is happy to include screen planting or a 1.2m high boundary fence to screen the carport from the street. They have requested this be conditioned that a 1.2m front fence or dense landscape screening be planted between the northern wall and the street frontage before occupation or release of the occupation certificate. See draft conditions.

(e) The Public Interest

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

Ecologically Sustainable Development and Precautionary Principle

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

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

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

Climate change

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

The proposed development will comprise a new single dwelling and does not contain any commercial/industrial component. As a result, s7.12 contributions do not apply.

5. CONCLUSION AND STATEMENT OF REASON

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

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, amendments have been made to the proposal and 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 - 965.1 Recommended Conditions

2 ⇩. DA2022 - 965.1 Plans

AGENDA

Development Assessment Panel

15/03/2023

Item: 06

Subject: DA2022 - 287 Multi-Dwelling Housing for Lot 2 DP1283843, Cnr Platypus Parade and Tiger Quoll Drive, Lake Cathie

Report Author: Development Assessment Planner, Steven Ford

Applicant: Magbuild Pty Ltd

Owner: Stonehaven Villas Pty Ltd

Estimated Cost: $860,000

Parcel no: 71306

Alignment with Delivery Program

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

RECOMMENDATION

That DA2022 - 287 for Multi-Dwelling Housing at Lot 2, DP 1283843, Cnr Platypus Parade and Tiger Quoll Drive, Lake Cathie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a Multi-dwelling housing development 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, 7 submissions were received.

Amendments have been made to the proposal during assessment as follows:

· Detailed landscaping plans and renders

· Amendments to setbacks and private open space.

· Amendment to extend the garage of Unit 4.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 745m2.

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

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Multi-Dwelling Housing comprising 4 attached dwellings.

· No subdivision proposed as part of this application.

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

Application Chronology

· 26/04/2022 - Application Lodged

· 04/05/2022 to 17/05/2022 - Public Exhibition Period - 7 submissions received.

· 15/06/2022 - Additional information requested.

· 28/11/2022 - Additional information, response to submissions and amended plans received.

· 28/02/2023 - Amended Landscaping details received.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy (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 4.8 - An approved KPOM applies to the site. Having considered the requirements of the KPOM, the development is consistent with the KPOM for the following reasons:

1. Site is cleared,

2. Capable of compliant fencing,

3. 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.

The site is not within a mapped coastal zone.

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 intended use.

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

A BASIX certificate (number 1283657M) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

State Environmental Planning Policy (Transport and Infrastructure) 2021

Clause 2.48 - Development in proximity to electricity infrastructure - referral to Essential Energy has been completed having regard for any of the following:

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

(b) development carried out:

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

(ii) immediately adjacent to an electricity substation, or

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

Port Macquarie-Hastings Local Environmental Plan 2011

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

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

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

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

· Clause 2.3(2) - The proposal is consistent with the zone objectives as the development will contribute to the variety of housing types and densities to meet the housing needs of the community.

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 5.55m which complies with the standard height limit of 8.5 m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal is 0.5:1 which complies with the maximum 0.65:1 floor space ratio applying to the site.

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

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

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

No draft instruments apply to the site.

(iv) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Part B - General Provisions - B2: Environmental Management*
DCP Objective	Development Provisions	Proposed	Complies
3	a) Development must comply with Council’s Developments, Public Place & Events - Waste Minimisation and Management Policy.	Satisfactory arrangements can be put in place for storage and collection of waste. Standard condition recommended for construction waste management.	Yes
Cut and Fill Regrading
4	a) Development shall not exceed a maximum cut of 1.0m and fill of 1.0m measured vertically above the ground level (existing) at a distance of 1.0m outside the perimeter of the external walls of the building (This does not apply to buildings where such cut and fill is fully retained within or by the external walls of the building).	Retaining walls of up to 700mm in height are proposed.	Yes
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	NA - Retaining walls of up to 700mm in height are proposed.	Yes
5	b) Where a combination of a fence and a wall is proposed to be greater than 1.2m high: - be a maximum combined height of 1.8m above existing property boundary level; - be constructed up to the front boundary for a maximum length of 6.0m or 30% of the street frontage, whichever is less; − the fence component has openings which make it not less than 25% transparent; and − provide a 3m x 3m splay for corner sites, and - provide a 900mm x 900mm splay for vehicle driveway entrances.	Front fencing detail is shown on the plan set. The corner splay is provided for in the design. Setbacks for landscaped areas have been provided for in the fencing design.	Yes

*DCP 2013: Part B - General Provision - B3: Hazards Management*
Bushfire Hazard Management
18	a) APZs are to be located outside of environmental protection zones and wholly provided within private land. Note perimeter roads provided as part of a residential subdivision are classified as being part of the subdivision and not a separate permissible land use within environment protection zones.	Land is bushfire prone. BAL 12.5 (Units 1 & 2) to BAL 19 (Units 3 & 4) construction standards to apply as per Bushfire Assessment Report. APZs do not encroach on environmental zones.	Yes
Flooding
19	a) Development must comply with Council’s Floodplain Management Plan and Flood Policies.	Land is not identified as flood prone.	Yes

*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Road Hierarchy
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3. 1 parking space per each 1 or 2 bedroom unit + 1 visitors space per 4 units. 1.5 spaces per each 3 or 4 bedroom unit + 1 visitors space per 4 units.	Proposed development: 3 x 2 bedroom and 1 x 3 bedroom attached dwellings. Required parking: 4.5 parking spaces rounded up to 5 spaces + 1 visitor space. Proposed parking: 4 x single garages and casual stacked visitor parking within road boundary on each driveway. Total 8 spaces		No - variation discussed below
Parking Layout
28	c) Parking spaces shall generally be behind the building line but may be located between the building line and the street when: − it is stacked parking in the driveway; or − it can be demonstrated that improvements to the open space provided will result; and − the spaces are screened (densely landscaped or similar) from the street by a landscaping with a minimum width of 3.0m for the entire length of the parking area.	Stacked visitor/casual parking spaces proposed which has no identifiable adverse impacts for individual driveways. A detailed landscaping plan has also been provided as part of the proposed plans.		Acceptable, see justification below.
	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking.	Capable of complying.		Yes
34	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	Proposed driveways are capable of complying. No adverse concerns have been identified.		Yes
	b) Council will not permit the discharge of stormwater directly into kerbing and guttering or table drains for any development other than that of a minor nature.	Proposed driveways are capable of complying. No adverse concerns have been identified.		Yes

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

*DCP 2013: Part C - Development Specific Provisions - C1: Low Density Residential Development*
DCP Objective	Development Provisions	Proposed	Complies
Front Setbacks
44	a) Dwellings may incorporate an articulation zone to a street frontage at no less than 3m from property boundary. The following building elements are permitted within the articulation zone: − an entry feature or portico; − a balcony, deck, patio, pergola, terrace or verandah; − a window box treatment; − a bay window or similar feature; − an awning or other feature over a window; − a sun shading feature. b) These building elements should not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.	The proposed development generally complies with this clause. Unit 4 front deck is proposed a minimum 2.64m at the western corner and splayed to 3m at the eastern corner from the front boundary. See justification below.	No, but considered acceptable.
44	c) The primary road front setback shall be: Classified road = any frontage 6.0m Primary frontage = 4.5m Secondary frontage = 3.0m Ancillary Lane = 2.0m Large lot residential and rural zones = 10.0m	Primary frontage to Tiger Quoll is setback a minimum 4.136m and splayed to 4.5m along the primary frontage. The variation is considered minor, due to design elements, articulation and small footprint of the area encroaching the front setback requirement. See justification below. Secondary frontage to Platypus Parade is setback a minimum 3m. Complying with this development provision.	No, but considered acceptable
45	a) A garage, carport or car parking space should: − be at least 1m behind the building line, where the dwelling(s) has a setback from a front boundary of 4.5m or more, or − be at least 5.5m from a front boundary, where the dwelling(s) has a setback of less than 4.5m.	All proposed units have compliant garage setbacks.	Yes
	b) The total width of the garage/carport openings should not be more than 6m and not more than 50 per cent of the width of the building.	The garages are single garages and not more than 6m in width. Garage openings are not more than 50% of the building.	Yes
	c) Driveway crossovers are no greater than 5.0m in width.	Driveway crossovers are all 3m in width.	Yes
	d) Where a dual occupancy or attached dwelling is proposed on a corner lot a garage and driveway is provided on each road frontage.	The proposal is not a dual occupancy, however both frontages have been utilized for vehicular access.	Yes
Side and Rear Setbacks
46	a) A minimum rear boundary setback of 4m is to be provided to dwellings (including verandahs, patios and decks).	Corner lots do not have rear setback standards.	NA
	b) A minimum rear boundary setback of 900mm applies to sheds and swimming pools subject to achieving minimum required private open space area.	No sheds or pools proposed.	NA
	c) Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback. In that instance, one side setback should be a minimum 4m in width (for an equivalent length of rear boundary, behind building line) and the rear setback may be reduced to 900mm.	NA	NA
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	Western boundary, minimum setback of 901mm. Southern boundary minimum setback of 1.517m.	Yes
	b) First floors and above (including single storey with floor level >1m) should be setback a minimum of 3m from the side boundary, or reduced down to 900mm where it can be demonstrated that the adjoining property’s primary living rooms and principal private open space areas are not adversely overshadowed for more than 3hrs between 9am - 3pm on 21 June.	NA	NA
	c) First floors and above should have building walls that step in and out at least every 12m by a minimum of 500mm articulation. Where first floors and above are setback >3m, wall articulation is not required.	NA	NA
Private Open Space
48.	a) All dwellings should have a minimum area of private open space of 35m2, which includes a principal private open space area with: − a minimum dimension of 4m x 4m, and − a maximum grade of 5% for minimum 4m x 4m of the total open space requirement, and − direct accessibility from a ground floor living area and orientated to maximise use.	Private open space areas as follows: Unit 1 = 35m2 Unit 2 = 38m2 Unit 3 = 35m2 Unit 4 = 64.4m2 All POS areas are compliant with the max grade of 5% and all dwellings have an area which complies with the 4m x 4m dimension.	Yes
	b) Private open space may include clothes drying areas and garbage storage.	Noted on plans.	Yes
Public Domain and Fencing
49	a) Front fences built forward of the building line for the primary road frontage should be detailed on the development application plans.	Details provided for the proposed front fence of Unit 4.	Yes
	b) Solid Front fences up to 1.2m high should be: − Setback 1.0m from the front boundary, and − Suitably landscaped to reduce visual impact, and − Provide a 3m x 3m splay for corner sites.	NA	NA
	b) Front fences proposed to be more than 1.2m high should be a maximum of 1.8m in height, above existing front property boundary level, and either: − Include landscaped recesses having minimum dimensions of 1.8m long x 900mm deep which occupy no less than 50% of the total length of the fence, or − be erected up to the front boundary for a maximum length of 6.0m or 50% of the street frontage,	Proposed 1.8m high front fence proposed. The subject land is a corner allotment. Front fencing for Unit 4 is well articulated for landscaping and is less than 50% of the total street frontage and is acceptable.
	c) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);	The fence is proposed to be a post and rail slat style fence. This is considered acceptable.	Yes
	d) provide a 3m x 3m splay for corner sites, and	Splay has not been impacted.	Yes
	e) provide a 900mm x 900mm splay for vehicle driveway entrances.	Proposed fence does not adjoin driveway.	Yes
50	a) For tennis courts or other similar areas, chain wire fences should be black or dark green plastic coated mesh.	NA	NA
50	b) Solid fences enclosing these facilities should not be permitted over 1.8m.	NA	NA
Bulk and Scale
51	a) Direct views between indoor living rooms and principal private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots, including possible dwellings on future lots, should be obscured or screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius. − Direct views between principal private open space areas where within a 12m radius. − Direct views between indoor living rooms of dwellings into the principal area of private open space of other dwellings within a 12m radius.	No direct views with adverse impacts identifiable.	Yes
	b) A balcony, deck, patio, pergola, terrace or verandah should have a privacy screen where there are direct views of: − Indoor living room windows of adjacent dwellings, including proposed dwellings approved on adjoining lots within 9m radius; or − Principal areas of private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots within a 12m radius.	All patios and decks are appropriately located and screened by boundary fence.	Yes
	c) Privacy protection is not required for: − Any Indoor living room windows with a sill height of greater than 1.5m above the finished floor level of that room or where fixed non-openable translucent glass is installed to the same height.	NA	NA
	d) Direct views described above may be reduced or obscured by one of the following measures (details to be submitted with the development application): − 1.8m high fence or wall between ground-floor level windows or between a dwelling and principal private open space − Screening of minimum 1.7m height, that has 25% openings (max), with no individual opening more than 30mm wide, is permanently fixed and is made of durable materials. − A window, the whole of which has translucent glass and is not able to be opened.	Boundary fencing to provided adequate screening. No additional screening required.	Yes
Ancillary Development
56	a) For ancillary development in R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, R5 Large Lot Residential and RU5 Village zones: − The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot should not be more than 4.8m above ground level (existing). − The building should be single storey construction with a maximum roof pitch of 24 degrees. − The maximum area of the building should be 60m2 for lots less than 900m² and maximum of 100m² for larger lots. − Ancillary development that is a garage, or an outbuilding, or a rainwater tank should not be located in front of the main building line with the exception of swimming pools.	No ancillary structures proposed.	Yes

The proposal seeks to vary Development Provision relating to clause 44 and encroaching the articulation zone to the street frontage.

The relevant objectives are:

• Front Setbacks should support an attractive streetscape.

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

· The frontage is considered to be well articulated to the street frontage.

· Having regard to the small footprint of the Unit 4 deck and building line that it is providing good solar access, the variation is considered minor.

· Detailed renders of the developments elevations and landscaping detail have been provided. the renders detail a contemporary design that is in keeping of the desired future streetscape.

· The proposal is on a corner lot and the encroachment will be partially screening by a proposed front fence and landscaping.

· The encroachment does not create any identifiable impacts to view lines or safety concerns.

The proposal seeks to vary Development Provision relating to Clause 24 and Clause 28, regarding parking provisions, stacked car parking spaces within boundary and visitor parking.

The relevant objectives are:

Clause 24;

· 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.

Clause 28;

· Parking areas and access-ways are easy and safe to use by vehicles and pedestrians without conflict.

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

· Each unit has a single garage.

· All garages are able to accommodate the required vehicular parking.

· All garage opening meet the minimum 5.5m setback to the boundary and provides adequate stacked parking on each individual driveway.

· The application has provided 4 garage spaces and 4 casual stacked spaces and does not require on-street car parking.

· Stacked car parking spaces are within the front boundary,

· Given the nature of the two and three bedroom units with individual driveways, sufficient parking has been provided in line with the DCP 2013 requirements.

· Driveways have been appropriately located to minimise impact to on street car parking and traffic circulation.

· There are no identifiable concerns regarding safety or conflicts to pedestrians or traffic.

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

Cumulatively, the variations do not amount to an adverse impact or a significance that would justify refusal of the application.

(iiia) Any planning agreement that has been entered into under section 7.4, or

any draft planning agreement that a developer has offered to enter into under section 7.4

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

(iv) Any matters prescribed by the Regulations

Demolition of buildings AS 2601 - Clause 61

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

Context and Setting

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

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

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

Access, Traffic and Transport

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

Parking and Manoeuvring

A total of 4 x single garages and 4 x stacked parking spaces have been provided on-site. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been recommended to reflect these requirements.

Water Supply Connection

Council records indicate that there are water mains on both road frontages of the development site. The development lot has an existing 20mm service from the 100mm water main located on Tiger Quoll Drive. Additional metered services shall be required to service each property. Any alterations to Council’s water supply infrastructure including relocation of water services and hydrants, shall occur at no cost to Council. Details are to be shown on the engineering plans.

Appropriate conditions are recommended in this regard.

Sewer Connection

Council records indicate that the development site has a sewer main parallel to the Tiger Quoll Drive boundary. There is a junction from this main which all properties shall discharge into.

The proposed units are located in the zone of influence of the sewer mains. 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

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

The legal point of discharge for the proposed development is defined as a direct connection to Council’s kerb and gutter with the use of an approved adaptor.

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

Appropriate conditions are recommended in this regard.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

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

Air and microclimate

Flora and fauna

Waste

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

Energy

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

Noise and vibration

Bushfire

The site is identified as being bushfire prone.

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

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

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

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

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

7 written submissions were received following public exhibition of the application. Copies of the written submissions have been provided separately to members of the DAP.

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

Submission Issue/Summary	Planning Comment/Response
The proposed development contradicts the Section 88b of DP1283843, namely; · A) No more than one main building shall be erected or be permitted to be remain erected on the land hereby burdened, without the consent of the “Developer”. · B) No subdivision of a Lot by a plan creating more than one lot may take place without the prior written approval of the “Developer”. · F) No building shall be erected or permitted to remain erected on each lot burdened with a floor area of less than 200m2. · K) No side boundary fence shall be erected on the land so as to extend closer to the road frontage than the house building line, and no fence or wall (whether to create a courtyard or otherwise) shall be erected on any Lot burdened, or part thereof, between the front building alignment of the main building to the street frontage without the prior written approval of “the developer”. · P) landscaping requirements prior to occupation in front of each dwelling.	This building has a floor area in excess of 370m2 and is therefore compliant with the s88B instrument provisions noted at F). The matters set out in Items 2 and 3 all relate to the section 88B instrument. Council’s planning provisions specifically set aside private covenants. It is noted that Council is not party to any of the s88B matters raised in Items 2 and 3, and therefore these private covenant matters are not part of Council’s assessment under the provisions 4.15. The relevant provision of the Port Macquarie – Hastings Local Environmental Plan 2011 is set out as follows: 1.9A Suspension of covenants, agreements and instruments (1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
The proposed development is not the desired character and will set a undesirable precedent for Precinct A Lake Cathie of the DCP 2013.	R1 zone objectives are to provide for the housing needs of the community and for a variety of housing types and densities. Rainbow Beach locality aims to accommodate population growth, achieve residential densities to support growth and infrastructure, and facilitate a mix of housing types. The proposed development is on a corner lot, of which higher densities are generally encouraged. The urban structure and lot layout development provisions set out in the DCP refer to dwelling yields that achieve a minimum site density of 15 dwellings per hectare in the general residential zone.
There is insufficient off street car parking. Noting; − No visitor car parking has been provided. − Insufficient circulation area to park vehicles in any garage if resident using the laundry or toilet.	As discussed earlier in this report, the proposed development provides 4 single garages and opportunity for stacked parking on each driveway. Opposite the development is a single dwelling and reserve, the proposed development does not have any accumulative impacts regarding on-street parking. The proposal satisfies the objectives of Council’s requirements regarding onsite parking, including provision for visitor parking. Based on merit of this application, there are no car parking impacts that would support refusal of the development.
Car parking area within garages area only 5.5m long including the circulation space of the laundry and toilet. This is insufficient room to park and use the laundry causing residence to park outside and utilise the garage as a multi-purpose room. · Please comment on minimum car parking dimensions required.	Architectural design has been amended to extend the garage of Unit 4 to provide additional area. The Applicant states that each garage are able to accommodate the required vehicular parking.
Additional driveway crossovers will impact on safety, street car parking and impact street circulation and desired amenity.	On street car parking is not included in the assessment of parking requirements for the proposal. The provision of garage parking spaces, as well as visitor parking in front of garages via compliance with the minimum 5.5m setback of each garage, provides for onsite parking without any reliance for on-street parking.
Inadequate private open space provided. the proposed development does not achieve minimum dimensions of 4x4m, please address Clause 48 of the PMHC DCP 2013.	Unit 1 has been amended to comply with the 4m x 4m dimensions, which were previously 139mm short of the 4m DCP requirement to one setback, however achieved a 6.76m setback to the garage. Amended plan set shows minimum 4m x 4m achieved. The amended plan set confirms the provision of private open space. As discussed earlier, the proposal complies with this development provision.
Unit 4 front deck is non-compliant with clause 44 of the DCP 2013. The proposed deck is elevated and will be visually dominate to the public amenity. Please address the clause and amend the plans to comply with the development provisions.	All four residential units step down the block due to the existing topography of the land as well as the intentional levels designed for visual separation between all four units. The deck for Unit 4 is not visually dominant as it sits lower than any roof line of the four units and will partly be screened by the proposed 1800mm high fence and the landscaping. A landscaping hedge around the two front boundary fences of Unit 4 is as shown on the amended plan set, and visually demonstrated on the renders. These elements will help soften the perceived impact of the deck. The front setbacks to Units 1, 2 & 3 are all measured at a minimum of 3000mm with the Unit 1 garage at 6760mm & Units 2 & 3 garage at 5500mm. Three of the units are small 2 x bedroom units only which can still comfortably provide 2 x carparks (1 x in garage and 1 x in driveway). The fencing and landscaping plan demonstrate how the development has been softened to ensure no street perceptive structural dominance. Based on the merit and location of the deck, refusal based on the minor variation would not support refusal of the application.

(e) The Public Interest

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

Ecologically Sustainable Development and Precautionary Principle

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

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

Climate change

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

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. Appropriate consent conditions recommended.

· 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. Appropriate consent conditions recommended.

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.

Attachments

1 ⇩. DA2022 - 287.1 Recommended Conditions

2 ⇩. DA2022 - 287.1 Plans

AGENDA

Development Assessment Panel

15/03/2023

Item: 07

Subject: DA2022 - 742.1 Alterations and Additions to Dwelling at Lot 1 DP 261189, No. 43 The Summit Road Port Macquarie

Report Author: Development Assessment Planner, Vanessa Penfold

Applicant: M Edwards

Owner: M Griffin

Estimated Cost: $705,000

Parcel no: 23908

Alignment with Delivery Program

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

RECOMMENDATION

That DA2022 - 742 for Alterations and Additions to Dwelling at Lot 1, DP 261189, No. 43 The Summit Road, 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 the existing dwelling 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, 3 submissions were received.

The proposal has been amended during the assessment to resolve height of building and rear setback matters.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 707.9m2. The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

Photograph below taken from north western corner of the subject site looking south east towards the existing dwelling. Dwelling under construction at 45A The Summit Road shown in the left of the photograph.

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· The proposal is for alterations and additions to the existing dwelling including new first floor front deck at the front (south-east corner) of the site and extension of the first floor toward the rear (north) over the existing two storey dwelling to provide new bathroom and master bedroom.

· Demolition of the existing timber shed/cabana at the north-eastern corner of the site, and construction of new deck and covered BBQ area.

· The site benefits from an easement to drain water 1.0m wide along the rear boundary.

· Amended plans were received in response to the three submissions received and assessment matters.

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

Application Chronology

· 06/09/2022 - Application lodged.

· 09/09/2022 until 23/09/2022 - Public exhibition.

· 05/10/2022 - Redacted submissions provided to applicant.

· 25/10/2022 - Additional information and response to submissions received from applicant.

· 08/11/2022 - Offer to visit 45A and 45B The Summit by the assessing officer. Offer declined as insufficient notice provided and building work underway.

· 10/11/2022 - Site inspection with applicant.

· 13/11/2022 - Further information requested regarding stormwater connection.

· 22/11/2022 - Further information submitted - stormwater investigation by applicant.

· 08/12/2022 - Further offer to visit 45A and 45B The Summit as part of the assessment on 6 January 2023. Offer for site visit declined due to ongoing construction on site.

· 13/12/2022 - Amended Plans submitted.

· 22/12/2022 - Completion of initial CCTV camera investigation by Council of stormwater connection, Roma Terrace.

· 19/01/2022 - Site visit by assessing officer at 70 Bangalay Drive.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy (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 (other land - not subject to Clause 4.8 or 4.9) - 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, or

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 littoral rainforest) of this SEPP, the proposed development is not considered likely to result in any of the following:

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

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

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

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 intended use.

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

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

State Environmental Planning Policy (Transport and Infrastructure) 2021

Clause 2.48 - Development in proximity to electricity infrastructure - referral to Essential Energy has been completed having regard for any of the following:

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

(b) development carried out:

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

(ii) immediately adjacent to an electricity substation, or

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

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

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

Clause 2.118 refers to development with frontage to a classified road. In this case, the development does not create any additional crossovers onto the classified road or substantial increase in traffic. Therefore, no adverse impact on the road network will occur.

State Environmental Planning Policy (Primary Production) 2021

Part 2.5 Division 4 - The proposed development will create no adverse impact on any oyster aquaculture development.

Port Macquarie-Hastings Local Environmental Plan 2011

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

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

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

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

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

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 8.40m which complies with the standard height limit of 8.5m applying to the site. Amendments have been made to reduce the building height at the rear addition.

· Clause 4.4 - The floor space ratio of the proposal is 0.53:1, which complies with the maximum 0.65:1 floor space ratio applying to the site.

· Clause 4.6 - Exceptions to development standards are not proposed.

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

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Part B - General Provisions - B2: Environmental Management*
DCP Objective	Development Provisions	Proposed	Complies
3	a) Development must comply with Council’s Developments, Public Place & Events - Waste Minimisation and Management Policy.	Satisfactory arrangements can be put in place for storage and collection of waste. Standard condition recommended for construction waste management.	Yes
Cut and Fill Regrading
4	a) Development shall not exceed a maximum cut of 1.0m and fill of 1.0m measured vertically above the ground level (existing) at a distance of 1.0m outside the perimeter of the external walls of the building (This does not apply to buildings where such cut and fill is fully retained within or by the external walls of the building).	Cut and fill does not exceed 1.0m	Yes
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	Retaining walls are not proposed.	Yes
5	b) Where a combination of a fence and a wall is proposed to be greater than 1.2m high: - be a maximum combined height of 1.8m above existing property boundary level; - be constructed up to the front boundary for a maximum length of 6.0m or 30% of the street frontage, whichever is less; − the fence component has openings which make it not less than 25% transparent; and − provide a 3m x 3m splay for corner sites, and - provide a 900mm x 900mm splay for vehicle driveway entrances.	Front fence existing. Rear boundary fence to deck set back 1m from boundary.	NA

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

*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3: - 1 parking space per each dwelling for dwelling-house.	Two spaces provided in the garage - existing.	Yes
Parking Layout
28	c) Parking spaces shall generally be behind the building line but may be located between the building line and the street when: − it is stacked parking in the driveway; or − it can be demonstrated that improvements to the open space provided will result; and − the spaces are screened (densely landscaped or similar) from the street by a landscaping with a minimum width of 3.0m for the entire length of the parking area.	The garage (existing) is located at least 1m behind the building line.	NA
28	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking.	Layout acceptable.	Yes
34	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	Parking and manoeuvring (existing) considered acceptable.	Yes
34	b) Council will not permit the discharge of stormwater directly into kerbing and guttering or table drains for any development other than that of a minor nature.	Stormwater to existing inter allotment drainage at rear of site.	Yes

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

*DCP 2013: Part C - Development Specific Provisions - C1: Low Density Residential Development*
DCP Objective	Development Provisions	Proposed	Complies
Front Setbacks
44	a) Dwellings may incorporate an articulation zone to a street frontage at no less than 3m from property boundary. The following building elements are permitted within the articulation zone: − an entry feature or portico; − a balcony, deck, patio, pergola, terrace or verandah; − a window box treatment; − a bay window or similar feature; − an awning or other feature over a window; − a sun shading feature. b) These building elements should not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.	Proposed first floor front deck setback 3.5m from boundary and located within the articulation zone.	Yes
44	c) The primary road front setback shall be: Classified road = any frontage 6.0m Primary frontage = 4.5m Secondary frontage = 3.0m Ancillary Lane = 2.0m Large lot residential and rural zones = 10.0m	Setback to the dwelling ground floor bay window is 6.14m. Setback to the new first floor deck is 3.5m.	Yes
45	a) A garage, carport or car parking space should: − be at least 1m behind the building line, where the dwelling(s) has a setback from a front boundary of 4.5m or more, or − be at least 5.5m from a front boundary, where the dwelling(s) has a setback of less than 4.5m.	Garage located at least 1m behind the building line.	Yes
	b) The total width of the garage/carport openings should not be more than 6m and not more than 50 per cent of the width of the building.	Total width of garage openings (existing) openings is less than 50% of width of the building.	NA
	c) Driveway crossovers are no greater than 5.0m in width.	Existing. No change proposed.	NA
	d) Where a dual occupancy or attached dwelling is proposed on a corner lot a garage and driveway is provided on each road frontage.	Not applicable.	NA
Side and Rear Setbacks
46	a) A minimum rear boundary setback of 4m is to be provided to dwellings (including verandahs, patios and decks).	Rear setback to wall of dwelling is 4.46m. Proposed deck and covered outdoor kitchen are located between 0.96 and 1.0m to rear (as amended). Recommended condition of consent to require the structures to be at least 1.0m from the rear boundary consistent with the easement for drainage along the boundary.	No* Refer to comments beside and below regarding permitted variation.
	b) A minimum rear boundary setback of 900mm applies to sheds and swimming pools subject to achieving minimum required private open space area.	Existing pool.	NA
	c) Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback. In that instance, one side setback should be a minimum 4m in width (for an equivalent length of rear boundary, behind building line) and the rear setback may be reduced to 900mm.	A minimum 4m setback to the dwelling is provided for the entire length of the western boundary.	Yes
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	Ground floors are located greater than 1.0m to side boundaries.	Yes
	b) First floors and above (including single storey with floor level >1m) should be setback a minimum of 3m from the side boundary, or reduced down to 900mm where it can be demonstrated that the adjoining property’s primary living rooms and principal private open space areas are not adversely overshadowed for more than 3hrs between 9am - 3pm on 21 June.	First floor and above located 1.37m (including existing) to eastern boundary and between 5.4m to 4.27m (existing) from the western boundary. Due to the orientation of the site, the setback of 1.37m to first floors and above is considered acceptable as the proposal is consistent with existing setbacks will not result in adverse overshadowing to principal living rooms and private open space of adjoining dwellings for more than 3hrs between 9am and 3pm on 21 June.	Yes
	c) First floors and above should have building walls that step in and out at least every 12m by a minimum of 500mm articulation. Where first floors and above are setback >3m, wall articulation is not required.	The eastern wall including front balcony is 22.3m long and does no incorporate articulation. This is considered acceptable as a variation of materials will be used to break up the appearance and the wall is obscured by the adjacent dwelling when viewed from the street. Openings have been minimised for acoustic privacy.	No* However, considered acceptable.
Private Open Space
48.	a) All dwellings should have a minimum area of private open space of 35m2, which includes a principal private open space area with: − a minimum dimension of 4m x 4m, and − a maximum grade of 5% for minimum 4m x 4m of the total open space requirement, and − direct accessibility from a ground floor living area and orientated to maximise use.	Adequate open space is available.	Yes
	b) Private open space may include clothes drying areas and garbage storage.	Adequate are available.	Yes
Public Domain and Fencing
49	a) Front fences built forward of the building line for the primary road frontage should be detailed on the development application plans.	Front fence existing.	NA
	b) Solid Front fences up to 1.2m high should be: − Setback 1.0m from the front boundary, and − Suitably landscaped to reduce visual impact, and − Provide a 3m x 3m splay for corner sites.	Front fence existing.	NA
	b) Front fences proposed to be more than 1.2m high should be a maximum of 1.8m in height, above existing front property boundary level, and either: − Include landscaped recesses having minimum dimensions of 1.8m long x 900mm deep which occupy no less than 50% of the total length of the fence, or − be erected up to the front boundary for a maximum length of 6.0m or 50% of the street frontage,	Front fence existing.	NA
	c) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);	Front fence existing.	NA
	d) provide a 3m x 3m splay for corner sites, and	Front fence existing.	NA
	e) provide a 900mm x 900mm splay for vehicle driveway entrances.	Front fence existing.	NA
50	a) For tennis courts or other similar areas, chain wire fences should be black or dark green plastic coated mesh.	Tennis court is not proposed.	NA
50	b) Solid fences enclosing these facilities should not be permitted over 1.8m.	Tennis court is not proposed.	NA
Bulk and Scale
51	a) Direct views between indoor living rooms and principal private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots, including possible dwellings on future lots, should be obscured or screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius. − Direct views between principal private open space areas where within a 12m radius. − Direct views between indoor living rooms of dwellings into the principal area of private open space of other dwellings within a 12m radius.	Direct views are not available.	Yes
	b) A balcony, deck, patio, pergola, terrace or verandah should have a privacy screen where there are direct views of: − Indoor living room windows of adjacent dwellings, including proposed dwellings approved on adjoining lots within 9m radius; or − Principal areas of private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots within a 12m radius.	Direct views are not available to indoor living rooms and principal open space to the east and west. The dwelling to the north located at 70 Bangalay Drive is located more than 9m from the proposed rear deck. The rear yard of No. 70 Bangalay Drive includes landscaping that obscures views of part of the yard. It is recommended that the proposed fence along the deck be provided as a solid fence/privacy screen and increased in height from 1.5m to a minimum 1.7m above the deck floor level to prevent overlooking. A suitable condition of consent has been included.	NA
	c) Privacy protection is not required for: − Any Indoor living room windows with a sill height of greater than 1.5m above the finished floor level of that room or where fixed non-openable translucent glass is installed to the same height.	Additional privacy protection is not required in this regard.	NA
	d) Direct views described above may be reduced or obscured by one of the following measures (details to be submitted with the development application): − 1.8m high fence or wall between ground-floor level windows or between a dwelling and principal private open space − Screening of minimum 1.7m height, that has 25% openings (max), with no individual opening more than 30mm wide, is permanently fixed and is made of durable materials. − A window, the whole of which has translucent glass and is not able to be opened.	Refer to (b) above.	Yes
Roof Terraces
52	a) Direct views between roof terraces and indoor living room windows or principal areas of private open space of adjacent dwellings should be screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius of the trafficable area of the roof terrace; Direct views between roof terraces principal areas of private open space within a 12m radius of the trafficable are of the roof terrace.	Roof terrace is not proposed.	NA
	b) Screening should only be considered where: − the height of the screen does not exceed the maximum building height; and − the screening contributes to the building form, and − the screening is integrated into the design of the roof; and − is constructed and designed with materials complementary to the building.	Roof terrace is not proposed.	NA
	c) Lighting installations on roof terraces should be: - contained within the roof terrace area and located at a low level, and - appropriately shaded and fixed in a non-adjustable manner so that light is projected downwards onto the floor surface of the terrace. − designed in compliance with Australian Standards AS4282 - Control of obtrusive effects of outdoor lighting.	Roof terrace is not proposed.	NA
Water Recreation Structure (Boat Launching Ramp, Jetty and Mooring) - are not proposed. Objectives 53 to 55 do not apply.
Ancillary Development
56	a) For ancillary development in R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, R5 Large Lot Residential and RU5 Village zones: − The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot should not be more than 4.8m above ground level (existing). − The building should be single storey construction with a maximum roof pitch of 24 degrees. − The maximum area of the building should be 60m2 for lots less than 900m² and maximum of 100m² for larger lots. − Ancillary development that is a garage, or an outbuilding, or a rainwater tank should not be located in front of the main building line with the exception of swimming pools.	Rainwater tank to be located behind the building line. Swimming pool is existing.	Yes

The proposal seeks to vary Development Provision relating to the setback of the deck and covered BBQ area to the rear boundary and articulation of the wall along the eastern boundary.

The relevant objectives are Objective 46 and Objective 47 as follows:

Having regard for the development provisions and relevant objectives, the variation to Objective(a) is considered acceptable for the following reasons:

· The setback to the deck and covered outdoor kitchen will not result in adverse overshadowing or privacy, noting that a fence is proposed along the northern edge of the deck and the separation distance to the dwelling to the north.

· The development also achieves a minimum 4.0m wide setback to the western boundary for the equivalent length of the rear boundary of 21.3m.

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

· The eastern wall including front balcony is 22.3m long and does no incorporate articulation. This is considered acceptable as the existing dwelling does not incorporate articulation, materials/finishes used to break up the appearance and limited openings provide for acoustic and visual privacy.

(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 on existing adjoining properties and satisfactorily addresses the public domain.

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

The new dwellings under construction to the east at 45A and 45B The Summit are likely to enjoy extensive coastal and hinterland views to the south across the front boundary and views to the north across the rear boundary as well as to the west across the side boundary. Impact on views as a result of the proposed alterations and additions to existing dwelling are not expected to be significant.

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

Access, Traffic and Transport

Water Supply Connection

Council records indicate that the development site has an existing 20mm sealed service from the 100mm diameter AC water main on the opposite side of The Summit Road. There are no water infrastructure requirements for this application.

Sewer Connection

Council records indicate that the development site has an existing sewer junction from the VC sewer main in the north west corner of the development site. The Development proposal can drain to the existing junction. Council records indicate there is an AC Sewer Main traversing under the existing dwelling, a CCTV inspection to assess the condition of Council’s sewer mains shall be undertaken prior to construction work commencing and at the completion of all construction work in accordance with the Conduit Inspection Reporting Code of Australia WSA 05, at no cost to Council. Any damage to Council’s sewer mains as a result of the construction work shall be rectified using a method approved by Council, at no cost to Council. Relevant Conditions have been added to the consent.

Stormwater

The development site naturally grades towards the rear and is serviced by an existing interallotment stormwater drainage system, which drains the site to downstream Roma Terrace.

The existence of this interallotment stormwater pipeline was not known to Council prior to the submission of this application, however its existence has been subsequently confirmed by:

· Review of DP614186 and the associated 88B instrument, which details the extent of the easement for drainage as highlighted on the plan excerpt below.

· The 88B instrument associated with the abovementioned deposited plan notes that Port Macquarie - Hastings Council is the beneficiary of the 1m wide easement for drainage shown between lots 1 and 7 on the image above, meaning that the pipeline is a Council asset.

· A file search has located a copy of the plans for the original construction of the Summit Road, and include detail of the characteristics of the interallotment stormwater pipeline (dimensions, alignment and depth).

In addition to the above, the applicant engaged a plumber to inspect the existing stormwater drainage system servicing the site and have confirmed that the existing dwelling is draining to a pipeline within the existing easement for drainage.

Subsequent to the above, Council has undertaken a CCTV inspection of the existing stormwater network in Roma Terrace and can confirm that there is an outlet from the easement into that existing piped drainage system. Due to the relatively small size of the interallotment pipeline (150mm), the Council’s stormwater CCTV equipment is unable to inspect the length of the interallotment pipeline, however a dye test is being scheduled. If any deficiencies are found, this will be addressed by Council separate to the current development (as the pipeline is a Council asset).

With regard to the proposed development, the Council’s current AUSPEC specifications permit a single residential dwelling to drain to an existing easement for drainage without the need for on-site stormwater detention facilities (this is only required for developments that create >2 dwellings). The proposed additions satisfy this requirement.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

Air and microclimate

Flora and fauna

Waste

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

Energy

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

Noise and vibration

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

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

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

Three 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
Stormwater Drainage - Proposal does not explain how increased stormwater runoff will be disposed of. Concern that existing stormwater flow disperses onto the property to the north.	Stormwater will be directed to the north-western corner of the site to an existing easement connecting through to Roma Terrace to the west. A Section 68 application will be required as a condition of consent.
Height of Building - Concern that the proposal does not comply with Council’s Local Environmental Plan. Concern that Council does not have delegation to determine a variation greater than 10%.	Amendments made to the plans during the assessment of the application to reduce the building height means that the overall height of the building above existing ground level complies with Clause 4.3 Height of Buildings of LEP 2011. Variation of the development standard is not proposed.
Proposed bulk of the development being 3 storeys is not in keeping with surrounding areas.	The overall height and bulk of the proposed development is similar to other dwellings at The Summit Road noting that the sites slope from south to north. Three storey development is acceptable in this case because the development does not exceed the development standard for height of building for the subject site being 8.5m.
Setback to the rear boundary - The BBQ area is proposed less than 1m to rear boundary. This is not considered sufficient for noise attenuation and privacy. The rear setback does not comply with the DCP. The covered BBQ area may be enclosed to create a living area.	The revised plans show the deck 1.0m from the rear boundary with fencing to the northern edge of the deck. A suitable condition of consent will be applied to require the outdoor kitchen and deck to be to be a minimum 1.0m to the boundary. Enclosure of the covered outdoor kitchen area is not proposed as part of the current application.
Privacy and overlooking - Overlooking from 3^rd floor unacceptable and all windows facing rear boundary should be removed to preserve privacy to property to the north.	Proposed north facing windows at the rear of the first and second floor (eastern side) of the dwelling serve bedrooms and are not living rooms. Additional screening is not required in this case.
Accuracy of plans - Plans do not accurately depict the existing building. The front setback is not accurately depicted on the plans and should be determined by a registered surveyor. Lack of information about natural ground level. There is no overlay of the existing property to the new work and the dotted line (existing to be demolished) does not reflect the existing location.	Details for the existing and proposed dwelling as shown on the plans are considered accurate. Existing ground level is shown on the elevation plans. The plans include Reduced Levels and the location of the adjacent dwelling. The plans provide sufficient information for assessment of the application. Existing ground level was confirmed on site.
View loss to the west due to height of building. Height poles should be erected to assess view impacts from 45A and 45B The Summit Road.	The new dwellings under construction to the east at 45A and 45B The Summit are likely to enjoy extensive coastal and hinterland views to the south across the front boundary, north across the rear boundary. View loss across the side boundary of the adjacent property at 43 The Summit as a result of the proposed alterations and additions to existing dwelling are not expected to be significant. The erection of height poles is not considered necessary in this case noting the compliant height of dwelling. The setback to front boundary to the new first floor deck complies with DCP 2013. Alterations to the rear of the dwelling are located greater than 4.0m to the rear boundary and the single storey covered outdoor kitchen located within the rear 4.0m setback would not result in significant view loss for 45A or 45B The Summit Road.
BASIX Certificate required	A BASIX certificate has been submitted.
FSR calculation required.	Floor space ratio complies with LEP 2011.
Front articulation does not comply with the DCP or SEPP.	The proposed first floor deck located within the articulation zone is consistent with Council’s DCP 2013. Reference to SEPP Exempt and Complying regarding development within the articulation zone is not relevant to this application.
Proximity to sewer - concern about construction within the zone of influence of the sewer and sewer manhole at 45A The Summit.	Suitable draft conditions of approval requiring a CCTV inspection to assess the condition of Council’s sewer mains shall be undertaken prior to construction work commencing and at the completion of all construction work within the zone of influence have been incorporated in the draft consent.
No articulation in eastern wall - The eastern wall is approximately 20m in length and does not include sufficient articulation.	The existing eastern wall including first floor, is located within 3m of the boundary. The proposed additions are in line with the existing building and considered acceptable in this case. It is also noted that there will be limited views of the eastern elevation from the adjoining dwelling at 45A The Summit Road, currently under construction, because the approved dwelling (DA2018 -876) has highlight/screened window and screened decks facing west towards the subject wall.
Location of retaining wall - The plans do not accurately represent the fall of the site. There is a retaining wall across the rear of the property of approximately 1 to 1.5m not noted on the plans. Is there plans to build a new rear retaining wall.	Location of the existing retaining wall at rear boundary is noted. The plans do not show a new rear retaining wall.
Ancillary structures - concern about the lack of detail for items on plans shown ‘to future detail’ including the privacy screen and awning adjacent to the eastern boundary as it creates no separation between the dwelling and creates a fire hazard.	Free standing privacy screen and non-combustible awning adjacent to eastern boundary have been deleted from the plans. Revised plans show details for the full height privacy screen to the front first floor deck.
Privacy screen front deck - concern that the full height privacy screen to the eastern boundary is subject to future detail as shown on plan, and may not conform to DCP or building code requirements. A full height screen will also impact view sharing.	Details for the full height screen to the eastern elevation of the first floor deck have been provided on the amended plans. The screen is shown as weatherboard cladding. Views from the adjoining property to the east though a privacy screen would negate the function of the screen which is intended for privacy between the dwellings. Refer also to comments above regarding view loss across side boundary.
Privacy screen to eastern elevation of BBQ area - concern about the height that is greater than a 1.8m dividing fence.	The covered outdoor kitchen area is located greater than 900mm from the eastern boundary and considered acceptable in this case.
Overshadowing - additional shadow details will be necessary to show the extent of shadow impact to the western elevation of 45A The Summit Road.	Due to the orientation of the site, the setback of 1.37m to first floors and above is considered acceptable as the proposal is will not result in adverse overshadowing to principal living rooms and private open space of adjoining dwellings approved under DA2018 - 876, that are orientated to the north, for more than 3hrs between 9am and 3pm on 21 June.
Existing air conditioning unit is non-compliant.	The air conditioning unit is proposed for removal.

(e) The Public Interest

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

Ecologically Sustainable Development and Precautionary Principle

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

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

Climate change

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Section 7.11 Contributions

The proposed development will comprise a new single dwelling and does not involve the creation of any additional residential component. As a result, s7.11 contributions do not apply.

Section 7.12 Contributions

The proposed development will comprise alterations and additions to a single dwelling and does not contain any commercial/industrial component. As a result, s7.12 contributions do not apply.

Section 64 Water and Sewer Contributions

The proposed development will comprise alterations and additions to a single dwelling and does not propose any additional residential component. As a result, s64 water supply and/or sewerage developer charges do not apply.

5. CONCLUSION AND STATEMENT OF REASON

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

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

Attachments

1 ⇩. DA2022 - 742.1 Recommended Conditions

2 ⇩. DA2022 - 742.1 Plans

Member	18/01/23	15/02/23	01/03/23
David Crofts (Independent Chair)	P	P	P
Chris Gee (Independent Member)	P	P	P
Michael Mason (Independent Member)			P
Dan Croft (Group Manager Development Services)		P	P
Tony McNamara (Independent Member)		P
Other attendees
Mayor Peta Pinson
Grant Burge (Development Engineering Coordinator)	P		P
Kerrod Franklin (Acting Development Engineering Coordinator)
Patrick Galbraith-Robertson (Development Planning Coordinator)	P		P
Steven Ford (Development Assessment Planner)	P
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)		P
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)

18/01/2023	Function Room	2.00pm
01/02/2023	Function Room	2.00pm
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01/03/2023	Function Room	2.00pm
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21/06/2023	Function Room	2.00pm
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02/08/2023	Function Room	2.00pm
16/08/2023	Function Room	2.00pm
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04/10/2023	Function Room	2.00pm
18/10/2023	Function Room	2.00pm
01/11/2023	Function Room	2.00pm
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1.0 OBJECTIVES

2.0 KEY FUNCTIONS

Delegated Authority of Panel

3.0 MEMBERSHIP

3.1 Voting Members

3.3 Obligations of members

3.4 Member Tenure

3.5 Appointment of members

4.0 TIMETABLE OF MEETINGS

5.0 MEETING PRACTICES

5.1 Meeting Format

5.2 Decision Making

5.3 Quorum

5.5 Secretariat

5.6 Recording of decisions

6.0 CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

7.0 CONFIDENTIALITY AND CONFLICT OF INTEREST

9.0 CONDUCT AT MEETINGS

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

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

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

4.4 For the purposes of clause 4.3:

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

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

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

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

Managing non-pecuniary conflicts of interest

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

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

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

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

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