Agenda of Development Assessment Panel

AGENDA

Development Assessment Panel

17/05/2023

Item: 05

Subject: DA2022 - 491.1 Service Station Lot 1 DP 1109997 High Street, Wauchope

Report Author: Development Assessment Planner, Chris Gardiner

Applicant: Brown Commercial Building

Owner: D P & A M Waite

Estimated Cost: $2,190,180

Parcel no: 51608

Alignment with Delivery Program

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

RECOMMENDATION

That DA2022 - 491.1 for a Service Station at Lot 1, DP 1109997, High Street, Wauchope, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a service station 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 on three (3) occasions, four (4) submissions were received.

The proposal has been amended through the assessment process including changes to the access arrangements from High Street (Oxley Highway), improved landscaping, and improvements to the interface of the earthworks and acoustic fencing to neighbouring properties to the east.

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 1.5 hectares.

The site is zoned SP3 Tourist 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:

Development consent DA2020 - 630 for storage sheds ancillary to the Timbertown tourist park applied to the land at the time of lodgement of the application. This consent has been surrendered by the property owner during the assessment process following agreement with Council regarding satisfactory implementation of the environmental offsets required by that consent.

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Construction of a service station including convenience shop, fuelling canopy, and associated signage.

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

Application Chronology

· 8 June 2022 - Application accepted for lodgement.

· 14 June 2022 to 27 June 2022 - Neighbour notification of the proposal.

· 29 June 2022 - Comments on proposal provided by Transport for NSW.

· 30 June 2022 - Comments on proposal provided by Essential Energy.

· 21 July 2022 - Amended plans submitted by Applicant.

· 17 August 2022 - Comments on amended plans provided by Transport for NSW.

· 1 September 2022 - Additional information requested from Applicant.

· 25 October 2022 - Additional information and amended plans provided by Applicant.

· 3 November 2022 to 16 November 2022 - Application re-notified.

· 17 November 2022 - Comments on amended plans provided by Transport for NSW.

· 24 November 2022 - Further additional information requested from Applicant.

· 22 February 2023 - Amended access plans provided by Applicant.

· 8 March 2023 - Comments on amended plans provided by Transport for NSW.

· 16 March 2023 to 29 March 2023 - Application re-notified.

· 12 April 2023 - Comments on amended proposal provided by Essential Energy.

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 4.9 - The property is over 1ha in size (including adjoining land in the same ownership) and does not have a KPOM in place.

Before consent is granted, Council is required to assess whether the development is likely to have any impact on koalas or koala habitat.

In accordance with Clause 4.9(3), Council is satisfied that the development is likely to have low or no impact on koalas or koala habitat for the following reasons:

1. Previous DA2020 - 630.1 assessed the subject site, and determined that the site is not core koala habitat.

2. The land has subsequently been cleared in accordance with that consent and the proposed development will not involve any further clearing.

Based on the above, consent to the development application on koala habitat grounds is supported.

State Environmental Planning Policy (Industry and Employment) 2021

Chapter 3 Advertising and Signage

The proposed development includes proposed advertising signage in the form of business identification signs on the eastern elevation of the service station building, northern, eastern and western elevations of the canopy, and a pylon sign in the site frontage.

Clause 3.5 - This SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

Clause 3.6 - The following assessment table provides an assessment checklist against the Schedule 5 requirements of this SEPP:

Applicable clauses for consideration	Comments	Satisfactory
Schedule 5(1) Character of the area.	The character of the immediate locality is predominantly residential with some small scale signs for nearby church and childcare uses. Further to the east and west of the site are more substantial signage associated with light industrial, service station and commercial uses. The proposal is considered to be compatible with the mixed character of the area.	Yes
Schedule 5(2) Special areas.	The site is not in a special area.	N/A
Schedule 5(3) Views and vistas.	The signs would not obstruct and significant views or vistas.	Yes
Schedule 5(4) Streetscape, setting or landscape.	The scale of the signs is compatible with the streetscape setting. The pylon sign would not extend above the tip of the building or the canopy of the trees.	Yes
Schedule 5(5) Site and building.	Sign proportions are compatible with the scale of the service station building and canopy.	Yes
Schedule 5(6) Associated devices and logos with advertisements and advertising structures.	None proposed.	N/A
Schedule 5(7) Illumination.	Signage proposed to be illuminated during trading hours and will be switched off at 10pm. This is considered to be acceptable given that the DCP requires illuminated signs to be switched off or dimmed by 50% from 11pm.	Yes
Schedule 5(8) Safety.	The signs would not adversely impact vehicle or pedestrian safety.	Yes

State Environmental Planning Policy (Resilience and Hazards) 2021

Chapter 3 Hazardous and Offensive Development

The subject SEPP was introduced to clarify the definitions for hazardous and offensive industries and to apply guidelines for the assessment of industries that have the potential to create hazards or an offence. In this case, the development has the potential to be hazardous due to the proposed storage of flammable and combustible petroleum products.

A risk screening assessment prepared by Hazkem Dangerous Goods Consulting has been submitted with the application.

Clause 3.12(a) - The following NSW Department of Planning and Environment guidelines have been considered in the assessment of the proposal:

· Hazardous and Offensive Development Application Guideline ‘Applying SEPP 33’.

· NSW Department of Planning assessment guidelines “Multi Level Risk Assessment”.

· Hazardous Industry Planning Advisory Paper No 4 ‘Risk Criteria for Land Use Safety Planning’.

· Hazardous Industry Planning Advisory Paper No 6 ‘Guidelines for Hazard Analysis’.

Clause 3.12(b) - It is not considered necessary to consult with any public authorities on the proposal.

Clause 3.12(c) - A preliminary hazard analysis for the proposal has been prepared by Hazkem Dangerous Goods Consulting.

The proposal incorporates 120,000 litres of flammable liquid and 60,000 litres of combustible liquid in underground tanks. As the diesel (combustible liquid) is stored together with petrol (flammable liquid Class 3) is has been considered flammable for the purpose of the risk screening.

The findings of the risk screening are included below:

The report also considers the transport screening thresholds in “Applying SEPP 33”. Deliveries to the premises are expected to occur 3 times per week on average, or 156 times per year. Up to 45 movements per week or 750 movements per year for fuel are acceptable prior to becoming potentially hazardous.

Clause 3.12(d) - Consideration of feasible alternatives is not considered necessary given that the proposal meets the risk screening criteria and is therefore not ‘hazardous’.

Clause 3.12(e) - Land to the south and west of the site is zoned SP3 Tourist and permits a range of tourist oriented uses. DA2020 - 630 granted consent for ancillary storage sheds associated with Timbertown immediately to the west of the site. Land to the east and north of the site is zoned R1 General Residential. The preliminary hazard analysis has demonstrated that the proposal will be compatible from a risk perspective with the existing and likely future uses in the locality.

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 - The proposal has been referred to Essential Energy in accordance with this clause. Essential Energy initially raised concerns regarding the height and proximity of the proposed pylon sign to overhead powerlines in the Oxley Highway frontage. The Applicant has provided additional survey accurate details of the separation distance of the proposed pylon sign from electrical infrastructure, along with a blowout assessment prepared by an electrical consultant. Essential Energy has reviewed the additional information and confirmed that the safety risks are acceptable. Additional general advice provided by Essential Energy has been provided to the Applicant for consideration during the construction phase.

Clause 2.119 - The subject site has frontage to a classified road (Oxley Highway). The development includes separated entry and exit driveways to the Oxley Highway. The application includes a traffic impact assessment addressing traffic volumes, and the efficiency and safety of the classified road. This assessment is discussed in detail later in this report.

The development is not of a nature that is sensitive to road traffic noise.

Clause 2.122 - The proposal is traffic generating development and Transport for NSW (TfNSW) have been consulted in accordance with the requirements of this clause. The advice received from TfNSW is discussed later in this assessment.

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 SP3 Tourist.

· Clause 2.3(1) and the SP3 zone landuse table - The proposed development for a service station is a permissible landuse with consent.

The objectives of the SP3 zone are as follows:

o To provide for a variety of tourist-oriented development and related uses.

Clause 2.3(2) - The proposal is consistent with the zone objectives as it would provide fuel for tourists travelling in the area.

· Clause 5.10 - Heritage. 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 - B1: Advertising and Signage*
DCP Objective	Development Provisions	Proposed	Complies
1	a) Signs primarily identifying products or services are not acceptable, even where relating to products or services available on that site.	None proposed.	N/A
	b) Signage is not permitted outside property boundaries except where mounted upon buildings and clear of pedestrians and road traffic. No signage is permitted upon light or power poles or upon the nature strip (the area between the property boundary and constructed roadway). Limited directional signage and “A” frame signage may separately be approved by Council under the Roads Act 1993 or section 68 of the Local Government Act 1993.	All signs contained within the site boundary.	Yes
	c) An on-building 'chalkboard' sign, for the purpose of describing services or goods for sale which vary on a regular basis generally should not be any larger than 1.5m2, and should contain a sign written heading indicating the premises to which it refers.	N/A	N/A
	d) On-premise signs should not project above or to the side of building facades	Signs do not project above or to the sides of the building facades.	Yes
2	a) Where there is potential for light spill from signage in a non-residential zone adjoining or adjacent to residential development, illuminated signage is to be fitted with a time switch to dim by 50% or turn off the light by 11pm each night, depending on the nature of the development.	Illuminated signs proposed to be switched off at 10pm. Condition recommended confirming this requirement.	Yes

*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.	A satisfactory waste management plan has been submitted for the proposal. A private waste collection service is proposed for the development and a condition is recommended confirming this requirement.	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).	Fill of up to 2.7m proposed in the south-east corner of the site. The proposal has been amended to provide a minimum 1.8m setback from the neighbouring church and caravan park, with landscaping between the retaining wall and the boundary. An acoustic fence is proposed at the top of the retaining wall that would protect the privacy of neighbouring property. Adequate provision has been made to ensure the stability of the land and for appropriate stormwater management. The proposal is considered to be consistent with this provision.	No, but acceptable
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	Condition recommended requiring engineering certification of retaining walls greater than 1m high.	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 front fence and retaining wall combination proposed.	N/A

*DCP 2013: Part B - General Provision - B3: Hazards Management*
DCP Objective	Development Provisions	Proposed	Complies
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.	No APZ proposed in an environmental zone.	Yes

*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Road Hierarchy
23	a) New direct accesses from a development to arterial and distributor roads is not permitted. Routes should differ in alignment and design standard according to the volume and type of traffic they are intended to carry, the desirable traffic speed, and other factors.	The proposal includes new direct access to the Oxley Highway. The site does not have frontage to an alternative road that could be used for access.	No, but acceptable
	b) Existing direct accesses from a development to arterial and distributor roads are rationalised or removed where practical.	No existing direct access to Oxley Highway.	N/A
	c) Vehicle driveway crossings are minimal in number and width (while being adequate for the nature of the development), and positioned: − to avoid driveways near intersections and road bends, and − to minimise streetscapes dominated by driveways and garage doors, and − to maximise on-street parking.	Separate entry and exit driveways proposed of appropriate width to accommodate design vehicles.	Yes
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3. Service stations - 3 per work bay + 1 per employee + 2 customer (minimum) + any Restaurant/Take Away Food requirements Neighbourhood shop - 1 space per 30m² GLFA	The proposal includes no work bays and two employees. With the additional 2 (minimum) customer spaces, the service station component would require 4 spaces. The convenience store is considered to be similar to a neighbourhood shop and would generate parking at 1 space per 30m² GLFA. The building has a GLFA of 180m² and requires an additional 6 parking spaces. Total parking demand is 10 spaces. The proposal includes 10 parking spaces and satisfies this requirement.	Yes
	b) Where a proposed development does not fall within any of the listed definitions, the provision of on-site parking shall be supported by a parking demand study.	N/A	N/A
	c) Where a proposed development falls within more than one category Council will require the total parking provision for each category.	Noted. Parking determined for all relevant categories.	Yes
25	a) A development proposal to alter, enlarge, convert or redevelop an existing building, whether or not demolition is involved, shall provide the total number of parking spaces calculated from the schedule for the proposed use, subject to a credit for any existing deficiency, including any contributions previously accepted in lieu of parking provision.	N/A	N/A
Parking Layout
28	a) Visitor and customer parking shall be located so that it is easily accessible from the street.	Customer parking located adjacent to the service station building in an easily accessible location.	Yes
	b) Internal signage (including pavement markings) should assist customers and visitors to find parking and circulate efficiently and safely through a car park.	Appropriate pavement marking identified on concept plans.	Yes
	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 majority of the parking is located to the side of the proposed building. Four of the spaces are forward of the service station building, but behind the building line of the fuelling canopy.	Yes
	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking and AS 2890.6 - Off-street parking for individuals with a disability and AS/NZS 2890.2 - Parking facilities - Off-street commercial vehicle facilities.	Capable of complying. Conditions recommended requiring appropriate certification at CC and OC stages.	Yes
	e) Stack or tandem parking spaces will not be included in assessment of parking provision except where: − the spaces are surplus to that required; − in motor showrooms; − for home business; − for exhibition homes; − in car repair stations; − staff parking spaces are separately identified and delineated; − it is visitor parking associated with a dual occupancy multi dwelling and/or terrace housing, directly in front of the garage with a minimum depth of 5.5m.	Not proposed.	N/A
29	a) Parking is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking, AS/NZS 2890.2 - Parking facilities - Off-street commercial vehicle facilities, AS 1428 - Design for access and mobility and AS 2890.6 - Off-street parking for individuals with a disability.	Capable of complying. Conditions recommended requiring appropriate certification at CC and OC stages.	Yes
30	a) Bicycle and motorcycle parking shall be considered for all developments.	No designated bicycle or motorcycle parking proposed, given the nature of the use. Motorcycles will be able to use the fuelling facilities and any of the car parking spaces.	N/A
Landscaping of Parking Areas
33	a) Landscaping areas shall be provided in the form of large tree planting, understorey plantings, mulch areas, mounding, lawns and the like	Appropriate landscaping proposed including 3m wide area forward of the service station forecourt.	Yes
	b) Landscaping areas shall be used throughout the car park and on the perimeters of the property where it addresses the public domain.
	c) Garden beds shall be a minimum of 3m in width between car parking areas and street boundaries.
Surface Finishes
35	a) All parking and manoeuvring areas shall be constructed with a coarse base of sufficient depth to suit the amount of traffic generated by the development, as determined by Council. It shall be sealed with either bitumen, asphaltic concrete, concrete or interlocking pavers. Preliminary details of construction materials for access and car parking areas shall be submitted with the development application. Detailed plans shall be prepared for the construction certificate by a practising qualified Civil Engineer.	Concrete surface proposed.	Yes
35	b) In special cases (e.g. where traffic volumes are very low) Council may consider the use of consolidated unsealed gravel pavement for car parks. However, this should not be assumed and will need to be justified by the applicant at the Development Application stage.	N/A	N/A
Drainage
36	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	Concept stormwater management plan submitted. See detailed comments under stormwater later in this report.	Yes
36	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.
37	a) Car parking areas should be drained to swales, bio retention, rain gardens and infiltration areas.
Loading Bays
38	a) Off street commercial vehicle facilities are provided in accordance with AS/NZS 2890.2 - Parking facilities - Off-street commercial vehicle facilities.	Loading bay proposed.	Yes
	b) Loading bays should be provided in accordance with the following requirements; - Minimum dimensions to be 3.5m wide x 6m long. (This may increase according to the size and type of vehicle). - Vertical clearance shall be a minimum of 5m. - Adequate provision shall be made on-site for the loading, unloading and manoeuvring of delivery vehicles in an area separate from any customer car parking area. - A limited number of ‘employee only’ car parking spaces may be combined with loading facilities. - Loading areas shall be designed to accommodate appropriate turning paths for the maximum design vehicle using the site. - Vehicles are to be capable of manoeuvring in and out of docks without causing conflict with other street or on-site traffic. - Vehicles are to stand wholly within the site during such operations.	Loading bays 5m wide x 12.9m long and un-roofed. The submitted plans included swept paths demonstrating the ability to manoeuvre within the site.	Yes
	c) Industrial development shall provide adequate heavy vehicle access to building entries, or alternatively, external bays located appropriately for goods distribution.	N/A	N/A
	d) For external bays, one bay is required for 500m² of floor space or 1000m² of site area.	Proposal includes 186m² of floor area and a single loading bay is adequate.	Yes
	e) Commercial development having a floor space less than 500m² need not provide a loading bay.	Noted. Proposal provides a loading bay in any case.	N/A
	f) Other commercial development shall provide one loading bay for the first 1,000m² floor space and one additional bay for each additional 2,000m².	N/A	N/A
	g) If parcel pickup facilities are provided on-site they shall be located so as to avoid conflict with general traffic flow within parking areas. Parcel pickup lanes shall be separate from through traffic lanes in major shopping developments.	N/A	N/A
39	a) The location and design of loading bays should integrate into the overall design of the building and car parking areas.	Loading bay located at the rear of the building.	Yes
	b) Where visible from the public domain, loading bays are located behind the building.	Loading bay located at the rear of the building.	Yes
	c) Where loading bays are located close to a sensitive land use, adequate visual and acoustic screening is provided.	The loading bay is located in the south-west corner of the site, which is as far away as possible from the adjoining residential uses to the north and east. A noise impact assessment has been submitted addressing noise impacts associated with loading.	Yes
Traffic Generating Development
41	a) Traffic Generating Development as defined under SEPP (Infrastructure) 2007 is referred to Roads and Maritime Services. (Refer to Clause 104 and Schedule 3 of the SEPP).	The proposal is traffic generating development and has been referred to Transport for NSW. See comments later in this report regarding the response received.	Yes

*DCP 2013: Part B - General Provisions - B5: Social Impact Assessment and Crime Prevention*
DCP Objective	Development Provisions	Proposed	Complies
Crime Prevention
43	a) The development addresses the generic principles of crime prevention: - Casual surveillance and sightlines; - Land use mix and activity generators; - Definition of use and ownership; - Basic exterior building design; - Lighting; - Way-finding; and - Predictable routes and entrapment locations; - as described in the Crime Prevention Through Environmental Design (CPTED) principles.	The development provides for passive surveillance from the street and the counter is oriented to provide surveillance of the fuelling canopy. The design includes a secure night counter and appropriate lighting.	Yes

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.

(iv) Any matters prescribed by the Regulations

No matters prescribed by the regulations are applicable to the proposal.

(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 site has a general northerly street frontage orientation to the Oxley Highway. Adjoining the site to the north are dwellings and a childcare centre. Adjoining the site to the east is a church and a caravan park. Adjoining the site to the south and west is SP3 Tourist zoned land containing the ‘Timbertown’ tourist park.

High Street (Oxley Highway) further to the east and west of the site contains commercial uses including a shopping centre and tavern, and a number of light industrial uses.

The site is within proximity to a planned intersection upgrade for High Street and Spotted Gum Boulevard as part of the ‘Mill Estate’ subdivision to the east of the site.

The proposal will not have any significant adverse impacts to existing adjoining properties and satisfactorily addresses the public domain. A landscaped setback has been provided between the proposal and the church and caravan park to the east, as well as appropriate noise mitigation measures.

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

Lighting impacts are capable of being managed subject to a condition requiring all external lighting and illuminated signage to comply with AS4282. A lighting assessment has been submitted with the application, which demonstrates that the proposal is capable of complying with the Australia Standard.

There are no significant adverse privacy impacts given the nature of the use and the proposed acoustic fencing to the eastern and southern boundaries.

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

Access, Traffic and Transport

The application includes a Traffic & Parking Assessment prepared by Intersect Traffic. The traffic surveys in the report determined that High Street (Oxley Highway) in the site frontage carries 445 vehicle trips per hour (vtph) in the AM peak hour and 465 vtph in the PM peak hour. With 10 years of traffic growth it is anticipated that these volumes would increase to 515 vtph in the AM peak hour and 540 vtph in the PM peak hour in 2032.

The assessment projects that the proposed development will generate 132 vtph in the peak hour. However, 70% of these trips are expected to be passing trade (vehicles already using the Oxley Highway), and therefore the additional traffic generation has been determined to be 40 vtph. The additional traffic is within the capacity of the existing road network.

The report recommends that a channelised right turn (CHR) treatment be provided for vehicles entering the service station from the eastbound lane, based on the projected traffic volumes and number of turn movements in each direction.

Transport for NSW (TfNSW) have been consulted during the assessment process in accordance with the requirements of State Environmental Planning Policy (Transport and Infrastructure) 2021 as the proposal is for traffic generating development with frontage to a classified road. TfNSW raised some initial concerns with the proposed CHR treatment due to a number of conflicting private accesses on either side of the Oxley Highway in this location, loss of street parking, and conflicts with a recent Works Authorisation Deed (WAD) for an intersection upgrade to the east of the site as part of the Mill Estate subdivision (DA1991 - 485). TfNSW suggested that a basic right turn (BAR) treatment would be more appropriate in the circumstances.

The Applicant has amended the access design in response to the TfNSW advice and the final proposal includes a BAR treatment to the service station access, with relocation of a pedestrian refuge and bus stops associated with the nearby intersection upgrade. Concrete footpaths are also proposed to be extended along both sides of High Street (Oxley Highway) to connect to these facilities.

TfNSW have reviewed the amended access design and are satisfied in principle with the concept plans. A Works Authorisation Deed (WAD) with TfNSW will be required for the works and appropriate conditions have been recommended requiring evidence that the WAD is in place prior to works commencing, and for the completed works being to the satisfaction of TfNSW.

Site Frontage and Access

Vehicle access to the site is proposed via separate entry and exit driveways. All accesses shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Based on the nature of the proposed development and the consultation with TfNSW, the following additional frontage works have been identified as necessary:

· Relocation of bus stops and a pedestrian refuge to the west of the service station.

· Concrete footpath paving along the full frontage of the site and extending west to the relocated pedestrian refuge and bus stop.

· Concrete footpath paving along the northern side of High Street (Oxley Highway) from the end of the footpath to be constructed under DA1991 - 485 and extending west to the relocated pedestrian refuge and bus stop.

These works will be carried out in accordance with a Works Authorisation Deed (WAD) with TfNSW.

Parking and Manoeuvring

A total of 10 parking spaces (including one disabled space) have been provided on-site, with an additional designated parking area for air and water. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been recommended to reflect these requirements.

Swept path diagrams have been submitted as part of the application, which demonstrate that vehicles (including fuel tankers) can circulate through the site driving forwards.

Water Supply Connection

According to Council records there are two water mains in High Street. There is an existing 200mm AC water main water located on the southern side of High Street, and a 250mm PVC water main located on the northern side of High Street. An under bore connection to the 250mm main on the opposite side of the road shall provide the potable water service for the development. Final water service sizing will need to be determined by a hydraulic consultant to suit the development as well as addressing fire service coverage to AS 2419 and backflow protection.

Detailed plans will be required to be submitted for assessment with the Section 68 application.

Appropriate conditions are recommended in this regard.

Sewer Connection

According to Council records there is a manhole located on the property. The proposed development shall discharge to this manhole. All manholes and VIS located in concrete vehicle paths shall be trafficable and kept clear at all times.

A private sewer rising main serving the Timbertown tourist development traverses the site adjacent to the front and north-east side boundary. A condition is recommended requiring engineering certification that the proposed works will not place any load on the infrastructure.

Detailed plans will be required to be submitted for assessment with the Section 68 application.

Appropriate conditions are recommended in this regard.

Stormwater

The site naturally grades towards the rear and is currently vacant. The land is burdened by an easement to drain water benefiting Council. The kerb inlet pit in High Street drains via this easement and currently discharges at a headwall near the northern boundary of the site.

The application includes a concept stormwater management plan, which proposes the extension of the existing piped drainage in the easement to the southern side of the development. The proposed buildings are located clear of the easement, with the exception of part of the canopy roof connecting to the service station building. The canopy roof has sufficient vertical clearance and would not compromise future access for maintenance.

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. In accordance with Councils AUSPEC requirements, the following must be incorporated into the stormwater drainage plan:

a) The design is to be generally in accordance with the stormwater drainage concept plan on Drawing No 10440 prepared by Eclipse Consulting Engineers and dated 14 October 2022.

b) The design shall incorporate on-site stormwater detention facilities to limit site stormwater discharge to pre development flow rates for all storm events up to and including the 1% AEP event. Summary calculations demonstrating compliance with the above requirements for the median storm in the critical duration for the design AEP shall be submitted (20%, 5% & 1% AEP at minimum). Alternative is to submit an electronic model in DRAINS format for electronic review. For new works, or alterations and additions resulting in the creation of greater than 40m² additional site impervious area, the pre-development site impervious area conditions shall be assumed to be 20% of the total site area. In all cases, the existing condition or better is to be maintained.

c) Where the proposal is defined as a ‘High Risk” Development as per AUSPEC D7 D7.11, the design shall include water quality controls designed to achieve the targets specified within table D7.7 of AUSPEC D7.

d) The design shall provide details of any components of the existing stormwater drainage system servicing the site that are to be retained.

e) A maintenance plan for the water quality control facilities proposed shall be submitted and shall include all necessary inspections, frequencies and actions required to maintain the stormwater quality controls to achieve the nominated standards (AUSPEC D7) for the life of the development.

f) Concrete bunds and drains shall be used to divert stormwater away from the service station forecourt into the ‘clean’ stormwater system and to channel runoff from the fuelling area to the treatment device/s. The size and effectiveness of the bunds and oil separation system shall be verified for all storms up to and including 100 year ARI.

g) Detailed specifications, plans, testing reports and maintenance requirements for the stormwater pre-treatment system.

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.

As a precaution, a condition of consent has been recommended that works are to cease in the unexpected event heritage items are found. Works can only recommence when appropriate approvals are obtained for management and/or removal of the heritage item.

Other land resources

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

Water cycle

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

Soils

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

Air and microclimate

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

Flora and fauna

Construction of the proposed development will not require any removal/clearing of any native vegetation and therefore does not trigger the biodiversity offsets scheme. Part 7 of the Biodiversity Conservation Act 2016 is considered to be satisfied.

Waste

A satisfactory waste management plan has been submitted for the proposal. A private waste collection service is proposed for the development and a condition is confirming this requirement.

Standard precautionary site management condition also recommended for construction activities.

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of Section J of the Building Code of Australia. No adverse impacts anticipated.

Noise and vibration

The Statement of Environmental Effect indicates that the proposed hours of operation for the service station would be:

· Monday to Friday - 5.00am to 10.00pm;

· Saturdays, Sundays, and Public Holidays - 6.00am to 10.00pm.

All garbage collection is proposed to be carried out between 7.00am and 6.00pm weekdays.

A Noise Impact Assessment prepared by Reverb Acoustics has been submitted with the application. The noise report shows that the background noise level is fairly low, and that the proposed attenuation over distance, and barriers, will be sufficient to meet the recommended criteria.

The report advised that due to the large ambient noise level at night (this is likely due to the vehicles travelling along the highway) the 2dB exceedance is unlikely to be noticed. Any additional noise to the area is likely to be perceived as a nuisance by residents depending on their sensitivity to noise, the 2dB exceedance occurs during the shoulder period between 5-7am, but the 2dB is not sufficient to rouse from sleep.

The report makes the following recommendations for noise attenuation:

4.1 The service station may trade from 5am-10pm Monday to Friday and 6am-10pm Saturday, Sunday and Public Holidays.

4.2 Fuel tanker deliveries are to be restricted to 7am to 8pm Monday to Sunday.

4.3 General store deliveries are to be restricted to 7am to 8pm Monday to Sunday.

4.4 The Service Yard is to be fully enclosed with solid walls (i.e. Colorbond) to a height of minimum 2100mm above FGL. Access doors must be similar construction.

4.5 Preference should be given to installing an RFP Retail Forecourt Inflator with inbuilt compressor, in preference to a separate compressor. If a separate compressor is preferred it must be located in the service yard.

4.6 No acoustic modifications are required to plant that is located within the Service Yard.

4.7 No acoustic treatment is required for individual items of air conditioning/refrigeration or exhaust plant in exposed locations, that satisfy the following noise emission limits:

	Lw, dB(A)	SPL at 1m dB(A)
Exhaust plant	71	65
Air conditioning	70	64
Refrigeration plant	70	64

4.8 If noise emissions from exhaust plant exceed the limits shown in Item 4.7 above acoustic barriers must be constructed to enclose the fan discharge. Barriers must fully enclose at least three sides towards any residence. In our experience, a more efficient and structurally secure barrier is one that encloses all four sides. The barrier must extend at least 600mm above and below the fan centre and/or the discharge outlet and must be no further than 1200mm from the edges of the exhaust. Barrier construction should consist of either Acoustisorb panels (available through Modular Walls) or an outer layer of one sheet of 12mm fibre cement sheeting (Villaboard, Hardiflex), or 19mm marine plywood. The inside (plant side) is to be lined with an absorbent foam to reduce reverberant sound (fibrous infills are not recommended as they will deteriorate if wet). Note that variations to barrier construction or alternate materials are not permitted without approval from the acoustical consultant. Barrier construction is based solely on acoustic issues. Visual, wind load issues must be considered and designed by appropriately qualified engineers.

4.9 If noise emissions from individual items of air conditioning or refrigeration plant located on the roof exceed the limits shown in Item 4.7 above, acoustic barriers must be constructed along 3 sides towards any residences. Barrier construction should consist of either Acoustisorb panels (available through Modular Walls) or an outer layer of one sheet of 12mm fibre cement sheeting (Villaboard, Hardiflex), or 19mm marine plywood. The inside (plant side) is to be lined with an absorbent foam to reduce reverberant sound (fibrous infills are not recommended as they will deteriorate if wet), and must be minimum 300mm above the top of the plant item.

4.10 The contractor responsible for supplying and installing mechanical plant must provide evidence that installed plant meets this noise emission limit, or that noise control included with the plant is effective in reducing the sound level to the specified limit. Once the plant layout has been finalised, details should be forwarded to the acoustic consultant for approval.

4.11 It is strongly recommended that waste collection be restricted to weekdays 7.00am to 6.00pm.

4.12 An acoustic fence (Colorbond or similar) 2100mm above FGL is to be erected along the east and south boundaries. No significant gaps are permitted in the fence below the recommended height. See Figure 2 for fence locations.

Figure 2: Acoustic Fence Locations

4.13 Construction Certificate documentation must be forwarded to Reverb Acoustics to ensure all recommendations within this report have been incorporated into the design of the site.

4.14 For both staff and customers, some form of education campaign is suggested to ensure satisfactory noise levels at nearby residences. For staff, the education can be part of in-service training, while for visitor’s reminders may be included in promotional material and reinforced with erection of appropriate signage.

Appropriate conditions are recommended requiring implementation of the noise mitigation measures in the report.

Standard precautionary site management condition also recommended for construction activities.

Bushfire

The site is identified as being bushfire prone.

The Applicant has submitted a bushfire report prepared by a BPAD Certified Consultant. The assessment concludes that the proposal will comply with the requirements of Planning for Bush Fire Protection 2019, subject to the following recommendations:

· Construction of the building from non-combustible materials;

· Provision of a 10m APZ around the building;

· All above ground water, electricity and gas fittings are to be metal.

Appropriate conditions have been recommended in this regard.

Safety, security and crime prevention

The application includes a Crime Risk Assessment prepared by Wilson Planning. The report notes that Wauchope experiences higher than state average instances of crime in terms of non-domestic assaults, sexual offences, theft, malicious damage to property, disorderly conduct, and drug offences. As such, the probability of an incident or damage occurring within or to the proposed development, is higher and the safety of staff and customers, security of personal property, and protection of the building itself are key areas to address in the design of the proposal.

The report makes the following crime prevention recommendations.

1. Single secured pedestrian access point to the convenience store,

2. Secure access to the service yard, with pin code system, or equivalent.

3. Trees are to be underpruned and underplanted with low level plantings and groundcovers.

4. CCTV to be provided within the convenience store, under the refuelling canopy, and covering the entry and exits to the site. CCTV to be designed and installed in compliance with Australian Standard 806.1: Closed Circuit Television (CCTV) Management and Operation.

5. Motion-activated security lighting to be provided in the service yard. Down lighting to be provided under the refuelling canopy and around the convenience store. All lighting within the site is to be in accordance with Australian Standard 1158 - Lighting for roads and public spaces and Australian Standard 4282 - Control of the obtrusive effects of outdoor lighting.

6. All surfaces on the building to be maintained regularly, with graffiti removed and damage repaired immediately to reduce repeat offending and further anti-social behaviour.

Appropriate conditions are recommended to require implementation of these items.

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 have been adequately addressed and appropriate conditions of consent recommended.

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

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

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

Submission Issue/Summary	Planning Comment/Response
Impacts on sewer line servicing Bethel Church from retaining wall and reduced access for maintenance.	The proposal has been amended to provide a 1.8m setback for the retaining wall. This would provide adequate maintenance access to the sewer for the neighbouring property. A condition has also been recommended requiring the engineering of the retaining wall to ensure that there is no load placed on the sewer infrastructure.
Adverse impacts from loss of street parking associated with road upgrades. There is significant use of street parking by the existing church and two child care centres in the locality.	The proposal has been amended to provide a basic right turn treatment (rather than the channelised right turn originally proposed). This treatment would retain the majority of street parking in the locality. The only loss of street parking would be for the two new driveway crossovers, pedestrian refuge, and relocated bus stops.
Vehicles exiting Bethel Church would have to cross the hatched area of the intersection to turn right.	The plans have been amended to remove the hatched area adjacent to the Bethel Church access.
Will children be able to cross the street safely with the changes proposed in the Oxley Highway.	A pedestrian refuge is proposed to be constructed on the western side of the service station to provide a safer road crossing location.
There is no right turn permitted at the exit driveway and vehicles wanting to leave the site and travel east will have to perform an illegal U-turn further along the Oxley Highway or use the local road network to turn around.	The proposal has been amended to allow vehicles exiting the site to turn right.
Wauchope currently has 6 or 7 fuel outlets. Is an additional one really needed?	The need for the proposed facility is not a relevant planning consideration.
Loss of property value.	Changes to property value are not a relevant planning consideration.
The risk of fire/explosion needs to be considered as there are a large number of children and elderly in proximity to the site.	The application includes a preliminary hazard analysis, as required by State Environmental Planning Policy (Resilience and Hazards) 2021. The analysis demonstrates that the development will provide adequate buffer distances to boundaries for the volume and nature of the fuel storage proposed.
The documents don’t address the impacts of noise from the proposed 5.00am opening times. Council must place restrictions on noise before 7.00am.	The Noise Impact Assessment prepared by Reverb Acoustics considers the proposed 5.00am opening times. The report concludes that relevant noise criteria can be achieved for the period prior to 7.00am with the installation of the recommended acoustic fencing to the southern and eastern boundaries. Fuel deliveries, general deliveries, and garbage collection would not be permitted prior to 7.00am.
Is there going to be trucks parked on the site overnight with refrigeration units running.	The proposed conditions recommend that deliveries be restricted to between 7am and 8pm Monday to Sunday. Delivery vehicles would not be permitted to remain on the site overnight.
Council and RMS rejected a second driveway for a dwelling at 221 High Street under DA2015 - 961. Why is it possible for a commercial development with greater traffic generation to have separate entry and exit driveways?	Access arrangements are considered on merit for each development proposal having regard to the intended use, the number and type of vehicles that require access, and traffic safety considerations. It is common for service stations to have separated entry and exit driveways to reduce traffic conflicts and provide for the circulation of large delivery vehicles. Only a single driveway is typically permitted for residential properties, with the objective being to retain street parking as far as practical, and to maintain an appropriate residential streetscape.
The offsetting obligations under DA2020 - 630.1 for the vegetation previously cleared on the site have not been completed.	A Vegetation Management Plan for the offsets under DA2020 - 630.1 has been approved by Council and the auditing process commenced. The title restrictions for the offset area have also been submitted to Council for approval. Granting consent to the proposed service station would not affect the implementation of these offsets.
The recommendations in Section 3.2 of the Noise Impact Assessment and the conclusion in Section 5.1 are very contradictory as an acoustic fence is recommended to the southern and eastern boundaries, but the properties directly opposite the site will not find the increased noise intrusive.	The acoustic fences to the south and east of the development are required due to the development bringing traffic and other noise sources closer to the residential receivers in this location. Existing residential properties opposite the site (northern side of High Street) have much greater separation distance from the development and the noise has been modelled to be no greater than the existing road traffic noise from High Street, which is closer to these properties than the proposed development site.
The amended plans appear to show a reduced amount of parking restrictions in High Street adjacent to the neighbouring Bethel Church. Can it be confirmed that no parking restrictions would apply in this area?	The ultimate design of the access works in High Street (Oxley Highway) would be approved by Transport for NSW through a Works Authorisation Deed (WAD). The amendments to the access design sought by Transport for NSW through the assessment process have been aimed at preserving as much street parking in the locality as possible, and it is likely that the parking restrictions will be similar to those shown on the current concept plan.
Bethel Church patrons will have to cross double lines in order to exit the site and turn right.	NSW Road Rules permit a vehicle to cross double unbroken lines to enter or leave the road by the shortest route.
Other similar businesses east of the site do not have blisters painted on the road and operate in a normal fashion. The blisters shown force traffic to the edges of the road and remove side of the road access for parking and the provision of a safe margin for vehicles entering the highway from entrances and side roads.	The amended proposal does not have painted blisters, and will retain the parking lanes.
Where will the B-Double fuel tankers U-turn if they have to return east after delivering fuel?	The amended proposal will allow fuel tankers and other vehicles to turn right when exiting the site.
The site is large and some of the vacant land could be utilised for a better layout and setback from the road edge.	The proposed layout has been demonstrated to be appropriate and it is not necessary to utilise the balance of the vacant land.

(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

Section 7.11 Contributions

The development does not contain any residential component. As a result, Section 7.11 contributions do not apply.

Section 7.12 Contributions

In assessing s7.12 contributions, Council staff have reviewed the development in accordance with the Port Macquarie-Hastings Council Development Contributions Assessment Policy (DCAP) and the Port Macquarie-Hastings Council Section 94A Levy Contributions Plan 2007.

The proposed development will comprise a service station and is deemed to increase the demand for public amenities/services.

As a result, s7.12 contributions apply and a condition of consent has been recommended to ensure payment.

Section 64 Water and Sewer Contributions

In assessing s64 water and sewer contributions, Council staff have reviewed the development in accordance with the Port Macquarie-Hastings Council Development Contributions Assessment Policy (DCAP) and applicable Development Servicing Plans.

No contribution credit applies to the site.

The proposed development will comprise a service station and contributions have been charged accordingly based on the following areas:

· Service station - driveway area 1459m²;

· Service station convenience store - shops (dry trade) - 186m².

Having considered the above, the proposed development will increase the demand on water and sewer services.

As a result, s64 contributions apply and a condition of consent has been recommended to ensure payment.

An estimate of the applicable development contributions is provided at the end of this report (Attachment 3).

5. CONCLUSION AND STATEMENT OF REASON

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

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

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

Attachments

1 ⇩. Attachment 1 - Recommended Conditions

2 ⇩. Attachment 2 - Plans

3 ⇩. Attachment 3 - Contribution Estimate

AGENDA

Development Assessment Panel

17/05/2023

Item: 06

Subject: DA2022 - 440.1 Residential Flat Building Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) of the Port Macquarie Hastings Local Environmental Plan 2011 and Demolition of Existing Buildings, Lot 12 & 12A DP 361896 and Lot 1 & 3 DP 564518, No 9-11 Waugh Street, Port Macquarie

Report Author: Development Assessment Planner, Chris Gardiner

Applicant: IDA Design Group Pty Ltd

Owner: WD Macquarie Investments Pty Ltd

Estimated Cost: $12,371,247

Parcel no: 25077, 36678, 36677, 25063

Alignment with Delivery Program

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

RECOMMENDATION

That it be recommended to Council that DA2022 - 440.1 for a Residential Flat Building Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 and Demolition of Existing Buildings at Lot 12 and 12A DP 361896, and Lot 1 & 3 DP 564518, No. 9-11 Waugh Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

Following exhibition of the application, five (5) submissions were received.

The proposal has been amended through the assessment process, including improved building separation and privacy, changes to the vehicular access location and improvements to flood protection.

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development will provide additional high density housing close to the Port Macquarie Town Centre, is not considered to be contrary to the public's interest and will not result in any significant adverse social, environmental or economic impact.

The proposal exceeds the Height of Buildings development standard in Clause 4.3 of the Port Macquarie-Hastings Local Environmental Plan 2011 by more than 10% and the application is required to be determined by Council following consideration by the Development Assessment Panel. This report recommends that it be recommended to Council that the development application be approved subject to the attached conditions (Attachment 1).

The reason for the application also being referred to Council’s Development Assessment Panel (DAP) is because three (3) or more objections to the proposal have been received and the application includes a Clause 4.6 exception to a development standard under the Port Macquarie-Hastings Local Environmental Plan 2011 by more than 10%. 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 a combined area of 2145.8m² across four (4) existing lots.

The site is zoned R4 High Density Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Demolition of 2 existing dwellings and associated outbuildings;

· Construction of a residential flat building containing 26 x 2 bedroom apartments, 8 x 3 bedroom apartments.

· Consolidation of the four existing lots.

Refer to plans of the proposed development (Attachment 2).

Application Chronology

· 25 May 2022 - Application accepted for lodgement.

· 3 June 2022 to 21 June 2022 - Neighbour notification.

· 24 June 2022 - Comments on proposal received from Essential Energy.

· 29 November 2022 to 12 December 2022 - Amended plans re-notified.

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 - Having considered the SEPP, the application and on completion of a site inspection, Council is not prevented from granting consent in this case for the following reasons:

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

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

State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development

This Policy applies to development for the purpose of a residential flat building, shop top housing or mixed use development with a residential accommodation component if:

(a) the development consists of any of the following:

(i) the erection of a new building,

(ii) the substantial redevelopment or the substantial refurbishment of an existing building,

(iii) the conversion of an existing building, and

(b) the building concerned is at least 3 or more storeys (not including levels below ground level (existing) or levels that are less than 1.2 metres above ground level (existing) that provide for car parking), and

Based on the above, the SEPP must be considered.

Clause 6A - This clause applies in respect of the objectives, design criteria and design guidance set out in Parts 3 and 4 of the Apartment Design Guide for the following:

(a) visual privacy,

(b) solar and daylight access,

(d) apartment size and layout,

(e) ceiling heights,

(f) private open space and balconies,

(g) natural ventilation,

(h) storage.

If a development control plan contains provisions that specify requirements, standards or controls in relation to a matter to which this clause applies, those provisions are of no effect.

This clause applies regardless of when the development control plan was made.

In terms of lodging an application under SEPP 65, it is noted that the proposal has provided the verification and detail required by Clause 29 of the Environmental Planning and Assessment Regulation 2021.

Clause 28(2)(b) - The proposal has adequately addressed the design principles contained in the Apartment Design Guide. The application includes a design verification from a registered architect addressing the design quality principles as follows:

Requirement

Architect’s Response

Complies

Principle 1: Context and neighbourhood character

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.

The existing character of the precinct is within Port Macquarie town centre. The precinct is undergoing regeneration and has been rezoned to cater for the type of development proposed.

The proposed development is a residential building of 7 storeys including parking at sub-basement level.

The proposed building use complies with the existing and desired character statement that buildings are to be primarily residential. The scale of building and type of use are compatible with the proposed redevelopment of the precinct and recognizes and complies with requirements and objectives of Port Macquarie - Hastings LEP 2011 and Port Macquarie - Hastings DCP 2013.

Yes

Principle 2: Built form and scale

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

The scale of the existing development in the immediate precinct is comprised of buildings of variable height primarily low to medium rise in height and some recently constructed buildings of up to 6 storeys. The site is located within Port Macquarie town centre and has opportunities for using local public transport.

The proposed development responds and conforms to the height and building form proposed for the precinct and would allow for future developments on adjoining sites to achieve their full potential.

The building relates to the existing built form in the area due to its fenestration, materials, texture and colour. The building addresses the street with a major façade which is aligned with the form of the street. The built form of the development relates to other built forms allowed in the DCP for the precinct. The overall affect is to create a building that presents a very effective and architectural presence within the streetscape.

Yes

Principle 3: Density

Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context.

Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

The precinct with in the area controlled Port Macquarie - Hastings LEP 2011 and is zoned R4 High Density Residential.

The density of the development complies with the allowable density for the area in terms of floor space ratio. Given the location of the development in relation to Port Macquarie town centre public transport, community facilities and the rising demand for housing in the area, the proposed density is appropriate and consistent with the requirements as outlined in Port Macquarie - Hastings DCP 2013.

Yes

Principle 4: Sustainability

Good design combines positive environmental, social and economic outcomes.

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

The proposed development is consistent in the application of through flow ventilation and solar ingress to the units. The orientation north south of the building on the site and the design of the units all contribute substantially to the solar passive design and energy efficiency of the development.

The proposed development has been Nathers and BASIX assessed and scores well in all required categories of water, thermal comfort and energy. Energy efficiency is aided by the use of water/energy efficient fittings, appliances and lighting.

Yes

Principle 5: Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well

designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management.

The proposed development forms part of the Residential town centre precinct.

The current development upon the site provides many areas of landscaping and deep soil promoting healthy growth of large tress.

The proposed development provides 29% (626 sqm) deep soil and a total of 693 sqm (32%) of communal open space and landscaped open space promoting healthy growth of large trees pockets. The landscaping provided will contribute to the enjoyment of these areas.

Yes

Principle 6: Amenity

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident well being.

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

Apartments are a mixture of 2 and 3 bedroom apartments. Cross ventilation is achieved for 60% of the apartments.

70% of the apartments achieve the required solar access.

The building complies with the setbacks as recommended in the SEPP 65 design code and the requirements outlined in the DCP. Where there are perceived direct observation potentials the design of the building tries to ensure the windows in conflict have the required offset.

Each dwelling has its own external private open space which is more than adequate. Bathrooms/Ensuite are accessed from the hallways leading to the bedrooms. Kitchens are accessed from the primary living area.

Visual and acoustic privacy is acceptable and able bodied access is through entry lobbies at the ground floor.

Disabled access is gained to the ground floor via a pedestrian path (which complies with ASNZ 1428.1-2001) from the street. There are the required number of apartments which are adaptable these are located on levels 1, 2, 3 and 4 all units within the development are accessible via the lifts. The car spaces are located on grade parking with easy access to the lift.

Yes

Principle 7: Safety

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety.

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well lit and visible areas that are easily maintained and appropriate to the location and purpose.

Public and communal spaces are overlooked on all sides by balconies, terraces and windows from primary living rooms of the project. The building addresses the public domain with glazed doors and balconies.

The communal spaces will be adequately lit and are void of areas that may be subjectable to criminal activities.

The building will have safe and secure access to the carpark. The lifts to the building will be a security lift providing access to the residential levels. The primary entrance to the development will have a secure method of entry.

Yes

Principle 8: Housing diversity and social interaction

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets.

Well designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents.

The proposed residential use is appropriate to the location of this site, as it is located within Port Macquarie town centre and close proximity to public transport and community facilities such as local clubs, baby health centre and community centre.

The proposed development has an appropriate mix of 2 and 3 bedroom apartments of varied size.

Consideration has been given to the need to have affordable housing within the development as a result it provides a social mix which is well suited and appropriate to the area.

Yes

Principle 9: Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures.

The visual appearance of a well designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

The form and composition of this design proposes a satisfactory aesthetic and it will relate well to existing developments in the precinct in terms of its roof type, modulation of facade, fenestration, materials, texture and colour. Upper penthouse floors are designed as pop up individual terraces.

The use of detail and texture and the high degree of articulation in the façade composition has the result of creating an interesting and high quality building which sits well in the precinct and compliments the existing streetscape.

Yes

Clause 28(2)(c) - The proposal has adequately addressed the Apartment Design Guide (ADG). The following table provides an assessment against the Apartment Design Guide with assessment comments considering the design criteria and design objectives where applicable:

Apartment Design Guide (ADG) Objective	Design Guidance/Design Criteria (Italics)	Proposed	Complies
3A Site analysis
3A - 1 Site analysis illustrates that design decisions have been based on opportunities and constraints of the site conditions and their relationship to the surrounding context.	Each element in the Site Analysis Checklist should be addressed (Appendix 1 of ADG).	Adequate site analysis provided.	Yes
3B Orientation
3B - 1 Building types and layouts respond to the streetscape and site while optimising solar access within the development.	Buildings along the street frontage define the street, by facing it and incorporating direct access from the street (see figure 3B.1). Where the street frontage is to the east or west, rear buildings should be orientated to the north. Where the street frontage is to the north or south, overshadowing to the south should be minimised and buildings behind the street frontage should be orientated to the east and west (see figure 3B.2).	The building is aligned to the street and provides direct access from the street. The street frontage to Waugh Street is on the southern side of the building, which will minimise overshadowing due to the width of the street offering separation between the properties.	Yes
3B - 2 Overshadowing of neighbouring properties is minimised during mid winter.	Living areas, private open space and communal open space should receive solar access in accordance with sections 3D Communal and public open space and 4A Solar and daylight access. Solar access to living rooms, balconies and private open spaces of neighbours should be considered. Where an adjoining property does not currently receive the required hours of solar access, the proposed building ensures solar access to neighbouring properties is not reduced by more than 20%. If the proposal will significantly reduce the solar access of neighbours, building separation should be increased beyond minimums contained in section 3F Visual privacy. Overshadowing should be minimised to the south or downhill by increased upper level setbacks. It is optimal to orientate buildings at 90 degrees to the boundary with neighbouring properties to minimise overshadowing and privacy impacts, particularly where minimum setbacks are used and where buildings are higher than the adjoining development. A minimum of 4 hours of solar access should be retained to solar collectors on neighbouring buildings.	Living areas, private open space and communal open space receive adequate solar access. The development will retain sunlight to adjoining property in accordance with the specifications in 4A of the ADG. Solar access will not be reduced to any solar collectors on neighbouring buildings.	Yes
3C Public domain interface
3C - 1 Transition between private and public domain is achieved without compromising safety and security	Terraces, balconies and courtyard apartments should have direct street entry, where appropriate. Changes in level between private terraces, front gardens and dwelling entries above the street level provide surveillance and improve visual privacy for ground level dwellings (see figure 3C.1). Upper level balconies and windows should overlook the public domain. Front fences and walls along street frontages should use visually permeable materials and treatments. The height of solid fences or walls should be limited to 1m. Length of solid walls should be limited along street frontages. Opportunities should be provided for casual interaction between residents and the public domain. Design solutions may include seating at building entries, near letter boxes and in private courtyards adjacent to streets. In developments with multiple buildings and/or entries, pedestrian entries and spaces associated with individual buildings/entries should be differentiated to improve legibility for residents, using a number of the following design solutions: - architectural detailing - changes in materials - plant species - colours Opportunities for people to be concealed should be minimised	The development includes 2 apartments at the street frontage above the parking level. Both apartments are accessed off the common entry and do not have individual street access. The level of the ground floor above the street means that individual accesses would require additional stairs/ramps in the street frontage, affecting the aesthetics of the building and the ability to provide landscaping to the wall of the parking area. The design has incorporated individual accesses to the front balconies of Unit 106 and Unit 107 from the main building entry stairs, which is an adequate design response to the site flooding constraints. Terraces and balconies overlook the public domain. The development provides for interaction with the public domain with front courtyards adjacent to the street and public footpath. There are no significant concealment opportunities identified.	Yes
3C - 2 Amenity of the public domain is retained and enhanced.	Planting softens the edges of any raised terraces to the street, for example above sub-basement car parking. Mail boxes should be located in lobbies, perpendicular to the street alignment or integrated into front fences where individual street entries are provided. The visual prominence of underground car park vents should be minimised and located at a low level where possible. Substations, pump rooms, garbage storage areas and other service requirements should be located in basement car parks or out of view. Ramping for accessibility should be minimised by building entry location and setting ground floor levels in relation to footpath levels. Durable, graffiti resistant and easily cleanable materials should be used. Where development adjoins public parks, open space or bushland, the design positively addresses this interface and uses a number of the following design solutions: - street access, pedestrian paths and building entries which are clearly defined - paths, low fences and planting that clearly delineate between communal/private open space and the adjoining public open space - minimal use of blank walls, fences and ground level parking. On sloping sites protrusion of car parking above ground level should be minimised by using split levels to step underground car parking	Landscape plan confirms adequate landscaping forward of the car parking level. Mail boxes located adjacent to main building entry. Garbage storage areas are located in the car parking level. A ramp for accessibility to the building is proposed at the main entry. The level of the entry cannot be reduced to match the footpath level due to the flood planning requirements. The schedule of proposed finishes are appropriately durable.	Yes
3D Communal and public open space
3D - 1 An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping	Design Criteria 1. Communal open space has a minimum area equal to 25% of the site (see figure 3D.3) 2. Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid winter). Communal open space should be consolidated into a well designed, easily identified and usable area. Communal open space should have a minimum dimension of 3m, and larger developments should consider greater dimensions. Communal open space should be co-located with deep soil areas. Direct, equitable access should be provided to communal open space areas from common circulation areas, entries and lobbies. Where communal open space cannot be provided at ground level, it should be provided on a podium or roof. Where developments are unable to achieve the design criteria, such as on small lots, sites within business zones, or in a dense urban area, they should: - provide communal spaces elsewhere such as a landscaped roof top terrace or a common room - provide larger balconies or increased private open space for apartments - demonstrate good proximity to public open space and facilities and/or provide contributions to public open space	Proposal includes 693m² of communal open space located at ground level and on the roof top. This equates to 32% of the site area. More than 50% of the communal open space will receive 2 hours of sunlight between 9am and 3pm mid winter. Communal open space has a minimum dimension of 3m and is co-located with the deep soil zone. The communal open space is accessible from common areas	Yes
3D - 2 Communal open space is designed to allow for a range of activities, respond to site conditions and be attractive and inviting	Facilities are provided within communal open spaces and common spaces for a range of age groups (see also 4F Common circulation and spaces), incorporating some of the following elements: - seating for individuals or groups - barbecue areas - play equipment or play areas - swimming pools, gyms, tennis courts or common rooms. The location of facilities responds to microclimate and site conditions with access to sun in winter, shade in summer and shelter from strong winds and down drafts. Visual impacts of services should be minimised, including location of ventilation duct outlets from basement car parks, electrical substations and detention tanks	Roof terrace includes seating areas, water feature, viewing deck and barbeque facilities.	Yes

3D - 3 Communal open space is designed to maximise safety	Communal open space and the public domain should be readily visible from habitable rooms and private open space areas while maintaining visual privacy. Design solutions may include: - bay windows - corner windows - balconies. Communal open space should be well lit. Where communal open space/facilities are provided for children and young people they are safe and contained.	Balconies of apartments will provide passive surveillance of ground level communal open space areas. The roof terrace would not have any passive surveillance from apartments, but is located adjacent to the private open space of 5 of the apartments. The private open space has gated access to the communal area and would provide for some supervision of this space.	Yes
3D - 4 Public open space, where provided, is responsive to the existing pattern and uses of the neighbourhood	The public open space should be well connected with public streets along at least one edge. The public open space should be connected with nearby parks and other landscape elements. Public open space should be linked through view lines, pedestrian desire paths, termination points and the wider street grid. Solar access should be provided year round along with protection from strong winds. Opportunities for a range of recreational activities should be provided for people of all ages. A positive address and active frontages should be provided adjacent to public open space. Boundaries should be clearly defined between public open space and private areas	N/A	N/A
3E Deep soil zones
3E - 1 Deep soil zones provide areas on the site that allow for and support healthy plant and tree growth. They improve residential amenity and promote management of water and air quality	Design Criteria 1. Deep soil zones are to meet the following minimum requirements: a) < 650m², no min dimension, 7% site area deep soil zone. b) 650-1500m², 3m dimension, 7% site area deep soil zone. c) >1500m², 6m dimension, 7% site area deep soil zone. On some sites it may be possible to provide larger deep soil zones, depending on the site area and context: - 10% of the site as deep soil on sites with an area of 650m² - 1,500m² - 15% of the site as deep soil on sites greater than 1,500m². Deep soil zones should be located to retain existing significant trees and to allow for the development of healthy root systems, providing anchorage and stability for mature trees. Design solutions may include: - basement and sub-basement car park design that is consolidated beneath building footprints - use of increased front and side setbacks - adequate clearance around trees to ensure long term health - co-location with other deep soil areas on adjacent sites to create larger contiguous areas of deep soil. Achieving the design criteria may not be possible on some sites including where: - the location and building typology have limited or no space for deep soil at ground level (e.g. central business district, constrained sites, high density areas, or in centres) - there is 100% site coverage or non-residential uses at ground floor level. Where a proposal does not achieve deep soil requirements, acceptable stormwater management should be achieved and alternative forms of planting provided such as on structure.	256m² of deep soil zone with minimum dimension of 6m, which equates to 12% of the site area. The site does not contain any existing significant trees that require retention in deep soil zones.	Yes
3F Visual privacy
3F - 1 Adequate building separation distances are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy	Design Criteria 1. Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows: a) Building height up to 12m (4 storey) need 6m setback to habitable and 3m to non-habitable. b) Buildings up to 25m (5-8 storeys) need 9m to habitable and 4.5m to non-habitable. c) Buildings over 25m (9+ storeys) need 12m to habitable and 6m to non-habitable. Note: Separation distances between buildings on the same site should combine required building separations depending on the type of room (see figure 3F.2). Gallery access circulation should be treated as habitable space when measuring privacy separation distances between neighbouring properties Generally, one step in the built form as the height increases due to building separations is desirable. Additional steps should be careful not to cause a 'ziggurat' appearance. For residential buildings next to commercial buildings, separation distances should be measured as follows: - for retail, office spaces and commercial balconies use the habitable room distances - for service and plant areas use the non-habitable room distances. New development should be located and oriented to maximise visual privacy between buildings on site and for neighbouring buildings. Design solutions include: - site layout and building orientation to minimise privacy impacts (see also section 3B Orientation) - on sloping sites, apartments on different levels have appropriate visual separation distances (see figure 3F.4). Apartment buildings should have an increased separation distance of 3m (in addition to the requirements set out in design criteria 1) when adjacent to a different zone that permits lower density residential development to provide for a transition in scale and increased landscaping (figure 3F.5). Direct lines of sight should be avoided for windows and balconies across corners. No separation is required between blank walls	The proposal has separation distances which generally comply with the minimum requirements in this provision. Some habitable room windows and balconies on Level 4 & 5 of the building have an 8.7m side setback. This minor reduction is considered acceptable given the relationship to neighbouring properties. The building has been designed with only a single step in built form. It is noted that the blank wall on the western elevation at Level 1, 2, and 3, where the building is closer than the 6m setback, does not require a minimum separation distance.	No, but acceptable
3F - 2 Site and building design elements increase privacy without compromising access to light and air and balance outlook and views from habitable rooms and private open space	Communal open space, common areas and access paths should be separated from private open space and windows to apartments, particularly habitable room windows. Design solutions may include: - setbacks - solid or partially solid balustrades to balconies at lower levels - fencing and/or trees and vegetation to separate spaces - screening devices - bay windows or pop out windows to provide privacy in one direction and outlook in another - raising apartments/private open space above the public domain or communal open space - planter boxes incorporated into walls and balustrades to increase visual separation - pergolas or shading devices to limit overlooking of lower apartments or private open space - on constrained sites where it can be demonstrated that building layout opportunities are limited, fixed louvers or screen panels to windows and/or balconies. Bedrooms, living spaces and other habitable rooms should be separated from gallery access and other open circulation space by the apartment’s service areas. Balconies and private terraces should be located in front of living rooms to increase internal privacy. Windows should be offset from the windows of adjacent buildings. Recessed balconies and/or vertical fins should be used between adjacent balconies	Ground level communal open space is at a lower level than the ground floor apartments and landscaping has been proposed on top of the podium above the parking level. The roof terrace does not adjoin and apartments and is separated from the Level 5 private open space areas by appropriate fencing/screening. Lower level balconies are solid adjacent to the common building entry.	Yes
3G Pedestrian access and entries
3G - 1 Building entries and pedestrian access connects to and addresses the public domain	Multiple entries (including communal building entries and individual ground floor entries) should be provided to activate the street edge. Entry locations relate to the street and subdivision pattern and the existing pedestrian network. Building entries should be clearly identifiable and communal entries should be clearly distinguishable from private entries. Where street frontage is limited and multiple buildings are located on the site, a primary street address should be provided with clear sight lines and pathways to secondary building entries.	Individual entries to the ground floor apartments at the street frontage proposed via practical connection to the common main entrance. The main building entry is well defined and clearly identifiable.	Yes
3G - 2 Access, entries and pathways are accessible and easy to identify	Building access areas including lift lobbies, stairwells and hallways should be clearly visible from the public domain and communal spaces. The design of ground floors and underground car parks minimise level changes along pathways and entries. Steps and ramps should be integrated into the overall building and landscape design. For large developments ‘way finding’ maps should be provided to assist visitors and residents (see figure 4T.3). For large developments electronic access and audio/video intercom should be provided to manage access	Building access points are clearly visible from the public domain and the access ramp and steps are appropriately integrated into the design. The proposal is not of a scale where wayfinding maps are considered necessary.	Yes
3G - 3 Large sites provide pedestrian links for access to streets and connection to destinations	Pedestrian links through sites facilitate direct connections to open space, main streets, centres and public transport. Pedestrian links should be direct, have clear sight lines, be overlooked by habitable rooms or private open spaces of dwellings, be well lit and contain active uses, where appropriate	N/A	N/A
3H Vehicle access
3H - 1 Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes	Car park access should be integrated with the building’s overall facade. Design solutions may include: - the materials and colour palette to minimise visibility from the street - security doors or gates at entries that minimise voids in the facade - where doors are not provided, the visible interior reflects the facade design and the building services, pipes and ducts are concealed. Car park entries should be located behind the building line. Vehicle entries should be located at the lowest point of the site minimising ramp lengths, excavation and impacts on the building form and layout. Car park entry and access should be located on secondary streets or lanes where available. Vehicle standing areas that increase driveway width and encroach into setbacks should be avoided. Access point locations should avoid headlight glare to habitable rooms. Adequate separation distances should be provided between vehicle entries and street intersections. The width and number of vehicle access points should be limited to the minimum. Visual impact of long driveways should be minimised through changing alignments and screen planting. The need for large vehicles to enter or turn around within the site should be avoided. Garbage collection, loading and servicing areas are screened. Clear sight lines should be provided at pedestrian and vehicle crossings. Traffic calming devices such as changes in paving material or textures should be used where appropriate. Pedestrian and vehicle access should be separated and distinguishable. Design solutions may include: - changes in surface materials - level changes - the use of landscaping for separation	The car park access is in the front façade of the building and is proposed to be provided with a security door at the access point. The access to the parking is via a single two-way driveway with sufficient separation from street intersections and pedestrian paths. The driveway length is relatively short and would not result in any adverse visual impacts.	Yes
3J Bicycle and car parking
3J - 1 Car parking is provided based on proximity to public transport in metropolitan Sydney and centres in regional areas Notes Port Macquarie is a nominated regional centre. In terms of using Guide to Traffic Generating Developments, Port Macquarie is a “sub-regional centre” as by definition it does not have access to rail. Medium density is 2 - <20 dwellings. High Density is 20 or more dwellings	Design Criteria 1. For development in the following locations: a) on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or b) on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less The car parking needs for a development must be provided off street. Where a car share scheme operates locally, provide car share parking spaces within the development. Car share spaces, when provided, should be on site. Where less car parking is provided in a development, council should not provide on street resident parking permits Guide to Traffic Generating Developments Medium density residential flat buildings require: - 1 space per unit + - 1 space for every 5 x 2 bedroom unit + - 1 space for every 2 x 3 bedroom unit + - 1 space for 5 units (visitor parking). High density residential flat buildings for metropolitan sub-regional centres require: - 0.6 spaces per 1 bedroom unit - 0.9 spaces per 2 bedroom unit - 1.40 spaces per 3 bedroom unit + - 1 space per 5 units (visitor parking)	The site is located within 400m of a B3 zone to the east of the site. Accordingly, car parking is required to meet the minimum requirements of the Guide to Traffic Generating Developments or the DCP (whichever is less). Guide to Traffic Generating Developments The proposal includes more than 20 dwellings and is characterised as a high density residential flat building for the purpose of parking generation. 26 x 0.9 spaces = 23.4 spaces. 8 x 1.4 spaces = 11.2 spaces. 34/5 = 6.8 visitor spaces. Total parking required = 41.4 spaces (rounded to 42 spaces). DCP 26 x 1 space = 26 spaces. 8 x 1.5 = 12 spaces. 34/4 = 8.5 visitor spaces. Total parking required = 46.5 spaces (rounded to 47 spaces). The Guide to Traffic Generating Developments therefore provide the lesser parking requirement and is the minimum parking required under the ADG. The proposal includes 47 spaces including 9 visitor spaces and exceeds the minimum requirement of 42 spaces, including 7 visitor spaces.	Yes
3J - 2 Parking and facilities are provided for other modes of transport	Conveniently located and sufficient numbers of parking spaces should be provided for motorbikes and scooters. Secure undercover bicycle parking should be provided that is easily accessible from both the public domain and common areas. Conveniently located charging stations are provided for electric vehicles, where desirable	The proposal includes 2 motorcycle/scooter spaces and 6 bicycle spaces in the basement car park.	Yes
3J - 3 Car park design and access is safe and secure	Supporting facilities within car parks, including garbage, plant and switch rooms, storage areas and car wash bays can be accessed without crossing car parking spaces. Direct, clearly visible and well lit access should be provided into common circulation areas. A clearly defined and visible lobby or waiting area should be provided to lifts and stairs. For larger car parks, safe pedestrian access should be clearly defined and circulation areas have good lighting, colour, line marking and/or bollards.	Storage space for the majority of apartments is provided at the end of the associated parking space and can be accessed without crossing parking areas for other apartments. The lift, plant room, and pump room are also accessible with clearly defined pedestrian areas. A waste room has also been proposed in the basement area with convenient access from the basement.	Yes
3J - 4 Visual and environmental impacts of underground car parking are minimised	Excavation should be minimised through efficient car park layouts and ramp design. Car parking layout should be well organised, using a logical, efficient structural grid and double loaded aisles. Protrusion of car parks should not exceed 1m above ground level. Design solutions may include stepping car park levels or using split levels on sloping sites. Natural ventilation should be provided to basement and sub basement car parking areas. Ventilation grills or screening devices for car parking openings should be integrated into the facade and landscape design	Excavation for the basement car park will be minimised due to the minimum permissible level of 1.2m AHD in Council’s Flood Policy. This results in more than 1m of the car park protruding above ground level. Appropriate landscaping is proposed to soften the building protrusions. Ventilation openings for the car park are not proposed due to the flooding constraints. Mechanical ventilation will be provided.	Yes
3J - 5 Visual and environmental impacts of on-grade car parking are minimised	On-grade car parking should be avoided. Where on-grade car parking is unavoidable, the following design solutions are used: - parking is located on the side or rear of the lot away from the primary street frontage - cars are screened from view of streets, buildings, communal and private open space areas - safe and direct access to building entry points is provided - parking is incorporated into the landscape design of the site, by extending planting and materials into the car park space - stormwater run-off is managed appropriately from car parking surfaces • bio-swales, rain gardens or on site detention tanks are provided, where appropriate - light coloured paving materials or permeable paving systems are used and shade trees are planted between every 4-5 parking spaces to reduce increased surface temperatures from large areas of paving	N/A	N/A
3J - 6 Visual and environmental impacts of above ground enclosed car parking are minimised	Exposed parking should not be located along primary street frontages Screening, landscaping and other design elements including public art should be used to integrate the above ground car parking with the facade. Design solutions may include: - car parking that is concealed behind the facade, with windows integrated into the overall facade design (approach should be limited to developments where a larger floor plate podium is suitable at lower levels) - car parking that is ‘wrapped’ with other uses, such as retail, commercial or two storey Small Office/Home Office (SOHO) units along the street frontage (see figure 3J.9). Positive street address and active frontages should be provided at ground level	Car parking area is enclosed along the street frontage and provided with a sandstone feature cladding and landscaping to improve the streetscape presentation. Active uses with a more direct apartment to street relationship are not able to be provided at street level due to the flood controls applicable to the site.	Yes

4A Solar and daylight access
4A - 1 To optimise the number of apartments receiving sunlight to habitable rooms, primary windows and private open space	Design Criteria 1. Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas. 2. In all other areas, living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 3 hours direct sunlight between 9 am and 3 pm at mid winter. 3. A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid winter The design maximises north aspect and the number of single aspect south facing apartments is minimised. Single aspect, single storey apartments should have a northerly or easterly aspect. Living areas are best located to the north and service areas to the south and west of apartments. To optimise the direct sunlight to habitable rooms and balconies a number of the following design features are used: - dual aspect apartments - shallow apartment layouts - two storey and mezzanine level apartments - bay windows To maximise the benefit to residents of direct sunlight within living rooms and private open spaces, a minimum of 1m² of direct sunlight, measured at 1m above floor level, is achieved for at least 15 minutes. Achieving the design criteria may not be possible on some sites. This includes: - where greater residential amenity can be achieved along a busy road or rail line by orientating the living rooms away from the noise source - on south facing sloping sites - where significant views are oriented away from the desired aspect for direct sunlight Design drawings need to demonstrate how site constraints and orientation preclude meeting the design criteria and how the development meets the objective.	Sun penetration plans submitted, which confirm adequate sunlight access to living areas. None of the apartments will receive no direct sunlight between 9am and 3pm at midwinter. The design maximises the number of north-facing and multiple aspect apartments. No single aspect south-facing apartments are proposed.	Yes
4A - 2 Daylight access is maximised where sunlight is limited	Courtyards, skylights and high level windows (with sills of 1,500mm or greater) are used only as a secondary light source in habitable rooms. Where courtyards are used: - use is restricted to kitchens, bathrooms and service areas - building services are concealed with appropriate detailing and materials to visible walls - courtyards are fully open to the sky - access is provided to the light well from a communal area for cleaning and maintenance - acoustic privacy, fire safety and minimum privacy separation distances (see section 3F Visual privacy) are achieved. Opportunities for reflected light into apartments are optimised through: - reflective exterior surfaces on buildings opposite south facing windows - positioning windows to face other buildings or surfaces (on neighbouring sites or within the site) that will reflect light - integrating light shelves into the design - light coloured internal finishes	Skylights are proposed as the secondary light source for Unit 504 and 505.	Yes
4A - 3 Design incorporates shading and glare control, particularly for warmer months	A number of the following design features are used: - balconies or sun shading that extend far enough to shade summer sun, but allow winter sun to penetrate living areas - shading devices such as eaves, awnings, balconies, pergolas, external louvers and planting - horizontal shading to north facing windows - vertical shading to east and particularly west facing windows - operable shading to allow adjustment and choice - high performance glass that minimises external glare off windows, with consideration given to reduced tint glass or glass with a reflectance level below 20% (reflective films are avoided)	Appropriate shading features included in the design.	Yes
4B Natural ventilation
4B - 1 All habitable rooms are naturally ventilated	The building's orientation maximises capture and use of prevailing breezes for natural ventilation in habitable rooms. Depths of habitable rooms support natural ventilation. The area of unobstructed window openings should be equal to at least 5% of the floor area served. Light wells are not the primary air source for habitable rooms. Doors and openable windows maximise natural ventilation opportunities by using the following design solutions: - adjustable windows with large effective openable areas - a variety of window types that provide safety and flexibility such as awnings and louvers - windows which the occupants can reconfigure to funnel breezes into the apartment such as vertical louvers, casement windows and externally opening doors	Design and orientation of the building facilitates natural ventilation. The majority of apartments have multiple aspects and openable doors and windows.	Yes
4B - 3 The number of apartments with natural cross ventilation is maximised to create a comfortable indoor environment for residents	Design Criteria 1. At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed. 2. Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line. The building should include dual aspect apartments, cross through apartments and corner apartments and limit apartment depths. In cross-through apartments external window and door opening sizes/areas on one side of an apartment (inlet side) are approximately equal to the external window and door opening sizes/areas on the other side of the apartment (outlet side) (see figure 4B.4). Apartments are designed to minimise the number of corners, doors and rooms that might obstruct airflow. Apartment depths, combined with appropriate ceiling heights, maximise cross ventilation and airflow	The submitted plans show 60% of apartments to be naturally cross ventilated. The overall depth of apartments do not exceed 18m.	Yes
4C Ceiling heights
4C - 1 Ceiling height achieves sufficient natural ventilation and daylight access	Design Criteria 1. Measured from finished floor level to finished ceiling level, minimum ceiling heights are: Minimum ceiling height for apartment and mixed use buildings Habitable rooms = 2.7m Non-habitable = 2.4m For 2 storey apartments = 2.7m for main living area floor and 2.4m for second floor, where its area does not exceed 50% of the apartment area Attic spaces = 1.8m at edge of room with a 30-degree minimum ceiling slope If located in mixed use areas = 3.3m for ground and first floor to promote future flexibility of use These minimums do not preclude higher ceilings if desired. Ceiling height can accommodate use of ceiling fans for cooling and heat distribution.	All apartments have 2.7m ceilings throughout.	Yes
4C - 2 Ceiling height increases the sense of space in apartments and provides for well proportioned rooms	A number of the following design solutions can be used: - the hierarchy of rooms in an apartment is defined using changes in ceiling heights and alternatives such as raked or curved ceilings, or double height spaces - well proportioned rooms are provided, for example, smaller rooms feel larger and more spacious with higher ceilings - ceiling heights are maximised in habitable rooms by ensuring that bulkheads do not intrude. The stacking of service rooms from floor to floor and coordination of bulkhead location above non-habitable areas, such as robes or storage, can assist	The proposal includes well proportioned rooms with consistent ceiling height.	Yes
4D Apartment size and layout
4D - 1 The layout of rooms within an apartment is functional, well organised and provides a high standard of amenity	Design Criteria 1. Apartments are required to have the following minimum internal areas: Studio = 35m² 1 bedroom = 50m² 2 bedroom = 70m² 3 bedroom = 90m² The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m² each. A fourth bedroom and further additional bedrooms increase the minimum internal area by 12m² each. 2. Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms. Kitchens should not be located as part of the main circulation space in larger apartments (such as hallway or entry space). A window should be visible from any point in a habitable room. Where minimum areas or room dimensions are not met apartments need to demonstrate that they are well designed and demonstrate the usability and functionality of the space with realistically scaled furniture layouts and circulation areas. These circumstances would be assessed on their merits	All apartment areas exceed the minimum floor areas. All habitable rooms have a window or glass door in an external wall that is at least 10% of the floor area of the room. Kitchens are not located in circulation areas and windows are visible from all habitable rooms.	Yes
4D - 2 Environmental performance of the apartment is maximised	Design Criteria 1. Habitable room depths are limited to a maximum of 2.5 x the ceiling height. 2. In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window. Greater than minimum ceiling heights can allow for proportional increases in room depth up to the permitted maximum depths. All living areas and bedrooms should be located on the external face of the building. Where possible: - bathrooms and laundries should have an external openable window. - main living spaces should be oriented toward the primary outlook and aspect and away from noise sources	Room depth complies for all apartments. All living rooms and bedrooms are located on the external face of the building. Some bathrooms have external openable windows. Main living areas are oriented towards the side and rear boundaries of the site.	Yes

4D - 3 Apartment layouts are designed to accommodate a variety of household activities and needs	Design Criteria 1. Master bedrooms have a minimum area of 10m² and other bedrooms 9m² (excluding wardrobe space). 2. Bedrooms have a minimum dimension of 3m (excluding wardrobe space). 3. Living rooms or combined living/dining rooms have a minimum width of: • 3.6m for studio and 1 bedroom apartments • 4m for 2 and 3 bedroom apartments 4. The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts. Access to bedrooms, bathrooms and laundries is separated from living areas minimising direct openings between living and service areas. All bedrooms allow a minimum length of 1.5m for robes. The main bedroom of an apartment or a studio apartment should be provided with a wardrobe of a minimum 1.8m long, 0.6m deep and 2.1m high. Apartment layouts allow flexibility over time, design solutions may include: - dimensions that facilitate a variety of furniture arrangements and removal - spaces for a range of activities and privacy levels between different spaces within the apartment - dual master apartments - dual key apartments Note: dual key apartments which are separate but on the same title are regarded as two sole occupancy units for the purposes of the Building Code of Australia and for calculating the mix of apartments - room sizes and proportions or open plans (rectangular spaces (2:3) are more easily furnished than square spaces (1:1)) - efficient planning of circulation by stairs, corridors and through rooms to maximise the amount of usable floor space in rooms	All bedroom and living room dimensions comply with the minimum requirements. All bedrooms have a minimum 1.5m length of robes. Access to bedrooms, bathrooms and laundries is separated from the living areas. Rooms are generally of a regular shape and provide for a variety of furniture layouts.	Yes
4E Private open space and balconies
4E - 1 Apartments provide appropriately sized private open space and balconies to enhance residential amenity	Design Criteria 1. All apartments are required to have primary balconies as follows: a) Studio apartments = 4m² b) 1 bedroom apartments = 8m² and 2m min depth. c) 2 bedroom apartments = 10m² and 2m min depth. d) 3+ bedroom apartments = 12m² and 2.4m min depth. The minimum balcony depth to be counted as contributing to the balcony area is 1m. 2. For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15m² and a minimum depth of 3m. Increased communal open space should be provided where the number or size of balconies are reduced. Storage areas on balconies is additional to the minimum balcony size. Balcony use may be limited in some proposals by: - consistently high wind speeds at 10 storeys and above - close proximity to road, rail or other noise sources - exposure to significant levels of aircraft noise - heritage and adaptive reuse of existing buildings In these situations, juliet balconies, operable walls, enclosed wintergardens or bay windows may be appropriate, and other amenity benefits for occupants should also be provided in the apartments or in the development or both. Natural ventilation also needs to be demonstrated	All balconies and terraces comply with the minimum areas and dimensions.	Yes
4E - 2 Primary private open space and balconies are appropriately located to enhance liveability for residents	Primary open space and balconies should be located adjacent to the living room, dining room or kitchen to extend the living space. Private open spaces and balconies predominantly face north, east or west. Primary open space and balconies should be orientated with the longer side facing outwards or be open to the sky to optimise daylight access into adjacent rooms.	Primary private open space areas are located adjacent to living areas and are oriented to face north, east, and west. Secondary balconies are provided on the southern elevation of some apartments. The balconies are oriented with the longer edge facing outwards and will maximise sunlight access into the building.	Yes
4E - 3 Private open space and balcony design is integrated into and contributes to the overall architectural form and detail of the building	Solid, partially solid or transparent fences and balustrades are selected to respond to the location. They are designed to allow views and passive surveillance of the street while maintaining visual privacy and allowing for a range of uses on the balcony. Solid and partially solid balustrades are preferred. Full width full height glass balustrades alone are generally not desirable. Projecting balconies should be integrated into the building design and the design of soffits considered. Operable screens, shutters, hoods and pergolas are used to control sunlight and wind. Balustrades are set back from the building or balcony edge where overlooking or safety is an issue. Downpipes and balcony drainage are integrated with the overall facade and building design. Air-conditioning units should be located on roofs, in basements, or fully integrated into the building design. Where clothes drying, storage or air conditioning units are located on balconies, they should be screened and integrated in the building design. Ceilings of apartments below terraces should be insulated to avoid heat loss. Water and gas outlets should be provided for primary balconies and private open space	Projecting balconies with solid and partially solid balustrades proposed for Levels 1 - 4. Level 5 has glass balustrades. Clothes drying facilities on balconies are not shown on the plans, but are capable of being accommodated. Landscaping to the edge of east and west facing balconies is proposed on Levels 1 and 4 to provide improved privacy to the neighbouring property.	Yes
4E - 4 Private open space and balcony design maximises safety.	Changes in ground levels or landscaping are minimised. Design and detailing of balconies avoids opportunities for climbing and falls.	All balconies are level and landscaping does not provide any opportunities for climbing. The Level 1 and 4 balcony landscaping is located behind the balustrade. Roof terrace landscaping is also located behind screens or balustrades of the private and communal open space areas.	Yes
4F Common circulation and spaces
4F - 1 Common circulation spaces achieve good amenity and properly service the number of apartments	Design Criteria 1. The maximum number of apartments off a circulation core on a single level is eight. 2. For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40. Greater than minimum requirements for corridor widths and/ or ceiling heights allow comfortable movement and access particularly in entry lobbies, outside lifts and at apartment entry doors. Daylight and natural ventilation should be provided to all common circulation spaces that are above ground. Windows should be provided in common circulation spaces and should be adjacent to the stair or lift core or at the ends of corridors. Longer corridors greater than 12m in length from the lift core should be articulated. Design solutions may include: - a series of foyer areas with windows and spaces for seating - wider areas at apartment entry doors and varied ceiling heights Design common circulation spaces to maximise opportunities for dual aspect apartments, including multiple core apartment buildings and cross over apartments. Achieving the design criteria for the number of apartments off a circulation core may not be possible. Where a development is unable to achieve the design criteria, a high level of amenity for common lobbies, corridors and apartments should be demonstrated, including: - sunlight and natural cross ventilation in apartments - access to ample daylight and natural ventilation in common circulation spaces - common areas for seating and gathering - generous corridors with greater than minimum ceiling heights - other innovative design solutions that provide high levels of amenity Where design criteria 1 is not achieved, no more than 12 apartments should be provided off a circulation core on a single level. Primary living room or bedroom windows should not open directly onto common circulation spaces, whether open or enclosed. Visual and acoustic privacy from common circulation spaces to any other rooms should be carefully controlled	Proposal includes a maximum of 8 apartments on each level off the circulation core. Lobbies are of acceptable dimensions to allow for movement of furniture and include a window at the southern end for natural light. The common corridors are articulated so that straight sections do no exceed 12m. Internally, bathrooms, and studies adjoin the lobby space and circulation corridors.	Yes
4F - 2 Common circulation spaces promote safety and provide for social interaction between residents	Direct and legible access should be provided between vertical circulation points and apartment entries by minimising corridor or gallery length to give short, straight, clear sight lines. Tight corners and spaces are avoided. Circulation spaces should be well lit at night. Legible signage should be provided for apartment numbers, common areas and general wayfinding. Incidental spaces, for example space for seating in a corridor, at a stair landing, or near a window are provided. In larger developments, community rooms for activities such as owners corporation meetings or resident use should be provided and are ideally co-located with communal open space. Where external galleries are provided, they are more open than closed above the balustrade along their length.	Apartments are conveniently accessible off the lift/stair lobby. No wayfinding or seating considered necessary for the scale of the development with relatively short corridor lengths off the access core.	Yes
4G Storage
4G - 1 Adequate, well designed storage is provided in each apartment	Design Criteria 1. In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided: a) Studio apartments = 4m³. b) 1 bedroom apartments = 6m³. c) 2 bedroom apartments = 8m³. d) 3+ bedroom apartments = 10m³. At least 50% of the required storage is to be located within the apartment. Storage is accessible from either circulation or living areas. Storage provided on balconies (in addition to the minimum balcony size) is integrated into the balcony design, weather proof and screened from view from the street. Left over space such as under stairs is used for storage	Each apartment includes at least 10m³of storage within apartments and the basement car park. More than 50% of the minimum storage requirement is provided within the apartments and in addition to the storage in bedrooms, kitchens and bathrooms. No storage on balconies proposed.	Yes
4G - 2 Additional storage is conveniently located, accessible and nominated for individual apartments	Storage not located in apartments is secure and clearly allocated to specific apartments. Storage is provided for larger and less frequently accessed items. Storage space in internal or basement car parks is provided at the rear or side of car spaces or in cages so that allocated car parking remains accessible. If communal storage rooms are provided they should be accessible from common circulation areas of the building. Storage not located in an apartment is integrated into the overall building design and is not visible from the public domain.	Storage in the basement car park is located at the end of each of the individual parking spaces, with additional storage located adjacent to the lift lobby and pump room. The application does not include strata subdivision, but the storage spaces would be capable of being allocated to individual apartments on any future strata plan.	Yes
4H Acoustic privacy
4H - 1 Noise transfer is minimised through the siting of buildings and building layout	Adequate building separation is provided within the development and from neighbouring buildings/adjacent uses (see also section 2F Building separation and section 3F Visual privacy). Window and door openings are generally orientated away from noise sources. Noisy areas within buildings including building entries and corridors should be located next to or above each other and quieter areas next to or above quieter areas. Storage, circulation areas and non-habitable rooms should be located to buffer noise from external sources. The number of party walls (walls shared with other apartments) are limited and are appropriately insulated. Noise sources such as garage doors, driveways, service areas, plant rooms, building services, mechanical equipment, active communal open spaces and circulation areas should be located at least 3m away from bedrooms.	Proposal includes appropriate separation distances. Window and door openings are oriented away from the common circulation areas. Lower level apartments on the southern elevation include solid or partially solid balustrades to reduce noise impacts from the street.	Yes
4H - 2 Noise impacts are mitigated within apartments through layout and acoustic treatments	Internal apartment layout separates noisy spaces from quiet spaces, using a number of the following design solutions: - rooms with similar noise requirements are grouped together - doors separate different use zones - wardrobes in bedrooms are co-located to act as sound buffers Where physical separation cannot be achieved noise conflicts are resolved using the following design solutions: - double or acoustic glazing - acoustic seals • use of materials with low noise penetration properties - continuous walls to ground level courtyards where they do not conflict with streetscape or other amenity requirements	Apartment layouts separate noisy and quiet uses.	Yes
4J Noise and pollution
4J - 1 In noisy or hostile environments the impacts of external noise and pollution are minimised through the careful siting and layout of buildings	To minimise impacts the following design solutions may be used: - physical separation between buildings and the noise or pollution source - residential uses are located perpendicular to the noise source and where possible buffered by other uses - non-residential buildings are sited to be parallel with the noise source to provide a continuous building that shields residential uses and communal open spaces - non-residential uses are located at lower levels vertically separating the residential component from the noise or pollution source. Setbacks to the underside of residential floor levels should increase relative to traffic volumes and other noise sources - buildings should respond to both solar access and noise. Where solar access is away from the noise source, non-habitable rooms can provide a buffer - where solar access is in the same direction as the noise source, dual aspect apartments with shallow building depths are preferable (see figure 4J.4) - landscape design reduces the perception of noise and acts as a filter for air pollution generated by traffic and industry. Achieving the design criteria in this Apartment Design Guide may not be possible in some situations due to noise and pollution. Where developments are unable to achieve the design criteria, alternatives may be considered in the following areas: - solar and daylight access - private open space and balconies - natural cross ventilation	N/A	N/A
4J - 2 Appropriate noise shielding or attenuation techniques for the building design, construction and choice of materials are used to mitigate noise transmission	Design solutions to mitigate noise include: - limiting the number and size of openings facing noise sources - providing seals to prevent noise transfer through gaps - using double or acoustic glazing, acoustic louvers or enclosed balconies (wintergardens) - using materials with mass and/or sound insulation or absorption properties e.g. solid balcony balustrades, external screens and soffits	Lower level apartments on the southern elevation include solid or partially solid balustrades to reduce noise impacts from the street and driveway access.	Yes
4K Apartment mix
4K - 1 A range of apartment types and sizes is provided to cater for different household types now and into the future	A variety of apartment types is provided The apartment mix is appropriate, taking into consideration: - the distance to public transport, employment and education centres - the current market demands and projected future demographic trends - the demand for social and affordable housing - different cultural and socioeconomic groups Flexible apartment configurations are provided to support diverse household types and stages of life including single person households, families, multi-generational families and group households.	The proposal includes 26 x 2 bedroom apartments and 8 x 3 bedroom apartments. The apartment mix is satisfactory.	Yes
4K - 2 The apartment mix is distributed to suitable locations within the building	Different apartment types are located to achieve successful facade composition and to optimise solar access (see figure 4K.3). Larger apartment types are located on the ground or roof level where there is potential for more open space and on corners where more building frontage is available.	The 3 bedroom apartments are located on the corners of the building at Level 4 and 5, where there are multiple aspects and larger balconies wrap around the corners of the building. Level 5 apartments also have access to additional private open space on the roof.	Yes
4L Ground floor apartments
4L - 1 Street frontage activity is maximised where ground floor apartments are located	Direct street access should be provided to ground floor apartments. Activity is achieved through front gardens, terraces and the facade of the building. Design solutions may include: - both street, foyer and other common internal circulation entrances to ground floor apartments - private open space is next to the street - doors and windows face the street Retail or home office spaces should be located along street frontages. Ground floor apartment layouts support small office home office (SOHO) use to provide future opportunities for conversion into commercial or retail areas. In these cases provide higher floor to ceiling heights and ground floor amenities for easy conversion.	Ground floor apartments include separate access to the front courtyards off the main entry. The ground floor apartments are capable of being used as home offices.	Yes
4L - 2 Design of ground floor apartments delivers amenity and safety for residents	Privacy and safety should be provided without obstructing casual surveillance. Design solutions may include: - elevation of private gardens and terraces above the street level by 1-1.5m (see figure 4L.4) - landscaping and private courtyards - window sill heights that minimise sight lines into apartments - integrating balustrades, safety bars or screens with the exterior design Solar access should be maximised through: - high ceilings and tall windows - trees and shrubs that allow solar access in winter and shade in summer	Elevated front terraces proposed. Ground floor apartments provide tall windows to the northern aspect for solar access.	Yes
4M Facades
4M - 1 Building facades provide visual interest along the street while respecting the character of the local area	Design solutions for front building facades may include: - a composition of varied building elements - a defined base, middle and top of buildings - revealing and concealing certain elements - changes in texture, material, detail and colour to modify the prominence of elements Building services should be integrated within the overall façade. Building facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale. Design solutions may include: - well composed horizontal and vertical elements - variation in floor heights to enhance the human scale - elements that are proportional and arranged in patterns - public artwork or treatments to exterior blank walls - grouping of floors or elements such as balconies and windows on taller buildings Building facades relate to key datum lines of adjacent buildings through upper level setbacks, parapets, cornices, awnings or colonnade heights. Shadow is created on the facade throughout the day with building articulation, balconies and deeper window reveals.	Building façade will provide visual interest in the street. The building articulation and balconies will create shadowing to the façade. The upper two floors provide additional setbacks to the front and side boundaries.	Yes
4M - 2 Building functions are expressed by the facade	Building entries should be clearly defined. Important corners are given visual prominence through a change in articulation, materials or colour, roof expression or changes in height. The apartment layout should be expressed externally through facade features such as party walls and floor slabs	Building entry is clearly defined with covered entry, pedestrian path and landscaping.	Yes
4N Roof design
4N - 1 Roof treatments are integrated into the building design and positively respond to the street	Roof design relates to the street. Design solutions may include: - special roof features and strong corners - use of skillion or very low pitch hipped roofs - breaking down the massing of the roof by using smaller elements to avoid bulk - using materials or a pitched form complementary to adjacent buildings Roof treatments should be integrated with the building design. Design solutions may include: - roof design is proportionate to the overall building size, scale and form - roof materials compliment the building - service elements are integrated	Roof design is appropriate and incorporates pergola to the roof terrace, landscaping, and glazed roof accesses.	Yes
4N - 3 Roof design incorporates sustainability features	Roof design maximises solar access to apartments during winter and provides shade during summer. Design solutions may include: - the roof lifts to the north - eaves and overhangs shade walls and windows from summer sun. Skylights and ventilation systems should be integrated into the roof design	The roof design incorporates appropriate shading of windows for the upper floor apartments.	Yes
4O Landscape design
4O - 1 Landscape design is viable and sustainable	Landscape design should be environmentally sustainable and can enhance environmental performance by incorporating: - diverse and appropriate planting - bio-filtration gardens - appropriately planted shading trees - areas for residents to plant vegetables and herbs - composting - green roofs or walls Ongoing maintenance plans should be prepared. Microclimate is enhanced by: - appropriately scaled trees near the eastern and western elevations for shade - a balance of evergreen and deciduous trees to provide shading in summer and sunlight access in winter - shade structures such as pergolas for balconies and courtyards Tree and shrub selection considers size at maturity and the potential for roots to compete (see Table 4) Table 4 requires - For site area up to 850m² = 1 medium tree per 50m² of deep soil zone - Between 850 - 1,500m² = 1 large tree or 2 medium trees per 90m² of deep soil zone - Greater than 1,500m² = 1 large tree or 2 medium trees per 80m² of deep soil zone	A landscaping plan has been provided with the application. The plan incorporates ground level planting in deep soil zones around the building, on the Level 1 podium, Level 4 balconies, and the roof terrace. The site has an area greater than 1500m² and requires 1 large tree or 2 medium trees per 80m² of deep soil zone. The deep soil has an area of 256m² and the proposal requires 4 large trees or 8 medium trees. The proposed plantings exceed the minimum number of large and medium trees required.	Yes
4O - 2 Landscape design contributes to the streetscape and amenity	Landscape design responds to the existing site conditions including: - changes of levels - views - significant landscape features including trees and rock outcrops Significant landscape features should be protected by: - tree protection zones (see figure 4O.5) - appropriate signage and fencing during construction Plants selected should be endemic to the region and reflect the local ecology.	The proposal will contribute to the streetscape with the proposed landscaping at the site frontage. The site does not contain any significant existing vegetation that requires retention/protection.	Yes
4P Planting on structures
4P - 1 Appropriate soil profiles are provided	Structures are reinforced for additional saturated soil weight. Soil volume is appropriate for plant growth; considerations include: - modifying depths and widths according to the planting mix and irrigation frequency - free draining and long soil life span - tree anchorage Minimum soil standards for plant sizes should be provided in accordance with Table 5. Table 5 requires - Large trees 12-18m high, up to 16m crown spread at maturity = need 150m³ of soil at a depth of 1,200mm and area of 10m x 10m or equivalent. - Medium trees 8-12m high, up to 8m crown spread at maturity = need 35m³ of soil at a depth of 1,000mm and area of 6m x 6m or equivalent. - Small trees 6-8m high, up to 4m crown spread at maturity = need 9m³ of soil at a depth of 800mm and area of 3.5m x 3.5m or equivalent. - Shrubs need soil depth of 500-600mm - Ground cover needs soil depth of 300-450mm - Turf needs soil depth of 200mm	Landscaping is proposed on the Level 1 podium, Level 4 balconies, and the roof terrace. The submitted landscape plan indicates appropriate soil depth to accommodate the type of plantings in these locations. Engineering of the building will need to accommodate the loadings of the soil and plantings.	Yes
4P - 2 Plant growth is optimised with appropriate selection and maintenance	Plants are suited to site conditions; considerations include: - drought and wind tolerance - seasonal changes in solar access - modified substrate depths for a diverse range of plants - plant longevity A landscape maintenance plan is prepared. Irrigation and drainage systems respond to: - changing site conditions - soil profile and the planting regime - whether rainwater, stormwater or recycled grey water is used	The submitted landscape plan includes details of establishment, maintenance and irrigation of plantings.	Yes
4P - 3 Planting on structures contributes to the quality and amenity of communal and public open spaces	Building design incorporates opportunities for planting on structures. Design solutions may include: - green walls with specialised lighting for indoor green walls - wall design that incorporates planting - green roofs, particularly where roofs are visible from the public domain - planter boxes Note: structures designed to accommodate green walls should be integrated into the building facade and consider the ability of the facade to change over time.	Proposal includes podium, balcony, and roof top plantings.	Yes
4Q Universal design
4Q - 1 Universal design features are included in apartment design to promote flexible housing for all community members	Developments achieve a benchmark of 20% of the total apartments incorporating the Liveable Housing Guideline's silver level universal design features	7 apartments (Unit 102, 103, 201, 203, 302, 303, and 401) fully adaptable. This provides a higher standard than the required silver level universal design features.	Yes
4Q - 2 A variety of apartments with adaptable designs are provided	Adaptable housing should be provided in accordance with the relevant council policy Design solutions for adaptable apartments include: - convenient access to communal and public areas - high level of solar access - minimal structural change and residential amenity loss when adapted - larger car parking spaces for accessibility - parking titled separately from apartments or shared car parking arrangements	Council does not have a policy requiring a proportion of adaptable housing. However, as noted above, the development provides 20% adaptable apartments.	N/A
4Q - 3 Apartment layouts are flexible and accommodate a range of lifestyle needs	Apartment design incorporates flexible design solutions which may include: - rooms with multiple functions - dual master bedroom apartments with separate bathrooms - larger apartments with various living space options - open plan ‘loft’ style apartments with only a fixed kitchen, laundry and bathroom	Apartments dimensions are satisfactory and provide flexible layouts.	Yes
4R Adaptive reuse
4R - 1 New additions to existing buildings are contemporary and complementary and enhance an area's identity and sense of place	Design solutions may include: - new elements to align with the existing building - additions that complement the existing character, siting, scale, proportion, pattern, form and detailing - use of contemporary and complementary materials, finishes, textures and colours Additions to heritage items should be clearly identifiable from the original building. New additions allow for the interpretation and future evolution of the building.	N/A	N/A
4R - 2 Adapted buildings provide residential amenity while not precluding future adaptive reuse	Design features should be incorporated sensitively into adapted buildings to make up for any physical limitations, to ensure residential amenity is achieved. Design solutions may include: - generously sized voids in deeper buildings - alternative apartment types when orientation is poor - using additions to expand the existing building envelope Some proposals that adapt existing buildings may not be able to achieve all of the design criteria in this Apartment Design Guide. Where developments are unable to achieve the design criteria, alternatives could be considered in the following areas: - where there are existing higher ceilings, depths of habitable rooms could increase subject to demonstrating access to natural ventilation, cross ventilation (when applicable) and solar and daylight access (see also sections 4A Solar and daylight access and 4B Natural ventilation) - alternatives to providing deep soil where less than the minimum requirement is currently available on the site - building and visual separation – subject to demonstrating alternative design approaches to achieving privacy - common circulation - car parking - alternative approaches to private open space and balconies	N/A	N/A
4U Energy efficiency
4U - 1 Development incorporates passive environmental design	Adequate natural light is provided to habitable rooms (see 4A Solar and daylight access). Well located, screened outdoor areas should be provided for clothes drying	The proposal provides adequate solar access and a balcony/terrace is provided for each apartment for open air clothes drying.	Yes
4U - 2 Development incorporates passive solar design to optimise heat storage in winter and reduce heat transfer in summer	A number of the following design solutions are used: - the use of smart glass or other technologies on north and west elevations - thermal mass in the floors and walls of north facing rooms is maximised - polished concrete floors, tiles or timber rather than carpet - insulated roofs, walls and floors and seals on window and door openings - overhangs and shading devices such as awnings, blinds and screens Provision of consolidated heating and cooling infrastructure should be located in a centralised location (e.g. the basement)	The building incorporates appropriate design solutions for passive heating and cooling.	Yes
4U - 3 Adequate natural ventilation minimises the need for mechanical ventilation	A number of the following design solutions are used: - rooms with similar usage are grouped together - natural cross ventilation for apartments is optimised - natural ventilation is provided to all habitable rooms and as many non-habitable rooms, common areas and circulation spaces as possible	60% of apartments have natural cross ventilation.	Yes
4V Water management and conservation
4V - 1 Potable water use is minimised	Water efficient fittings, appliances and wastewater reuse should be incorporated. Apartments should be individually metered. Rainwater should be collected, stored and reused on site. Drought tolerant, low water use plants should be used within landscaped areas	The proposed development meets the BASIX requirements for water efficiency. The building is provided with a 10,000 litre rainwater storage tank, and water collected will be used for irrigation of landscaped communal areas.	Yes
4W Waste management
4W - 1 Waste storage facilities are designed to minimise impacts on the streetscape, building entry and amenity of residents	Adequately sized storage areas for rubbish bins should be located discreetly away from the front of the development or in the basement car park. Waste and recycling storage areas should be well ventilated. Circulation design allows bins to be easily manoeuvred between storage and collection points. Temporary storage should be provided for large bulk items such as mattresses. A waste management plan should be prepared	A garbage room has been proposed at the south-west corner of the building with access from within the parking level. The room has been designed to accommodate 3 x 1100L general waste bins, 3 x 1100L recycling bins, and 10 x 240L organics bins based on the recommendations in the Waste Management Plan. The layout provides for convenient access from the lift lobby. A condition is recommended requiring confirmation of satisfactory arrangements for a private waste collection service.	Yes
4W - 2 Domestic waste is minimised by providing safe and convenient source separation and recycling	All dwellings should have a waste and recycling cupboard or temporary storage area of sufficient size to hold two days’ worth of waste and recycling. Communal waste and recycling rooms are in convenient and accessible locations related to each vertical core. For mixed use developments, residential waste and recycling storage areas and access should be separate and secure from other uses. Alternative waste disposal methods such as composting should be provided	Apartments are capable of accommodating waste storage sufficient for 2 days. The basement storage areas are easily accessible from the lift.	Yes
4X Building maintenance
4X - 1 Building design detail provides protection from weathering	A number of the following design solutions are used: - roof overhangs to protect walls - hoods over windows and doors to protect openings - detailing horizontal edges with drip lines to avoid staining of surfaces - methods to eliminate or reduce planter box leaching - appropriate design and material selection for hostile locations	The design includes roof overhangs and for weather protection. Planter boxes can be designed to prevent leaching.	Yes
4X - 2 Systems and access enable ease of maintenance	Window design enables cleaning from the inside of the building. Building maintenance systems should be incorporated and integrated into the design of the building form, roof and façade. Design solutions do not require external scaffolding for maintenance access. Manually operated systems such as blinds, sunshades and curtains are used in preference to mechanical systems. Centralised maintenance, services and storage should be provided for communal open space areas within the building.	Building design includes balcony areas for the majority of external windows and glass doors, which would allow for convenient cleaning. Central services and storage are provided in common areas of the building.	Yes
4X - 3 Material selection reduces ongoing maintenance costs	A number of the following design solutions are used: - sensors to control artificial lighting in common circulation and spaces - natural materials that weather well and improve with time such as face brickwork - easily cleaned surfaces that are graffiti resistant - robust and durable materials and finishes are used in locations which receive heavy wear and tear, such as common circulation areas and lift interiors	The exterior of the building will include extensive glazing and durable building materials, which are expected to weather well.	Yes

Clause 30(1) - Consent cannot be refused on the following grounds if the development satisfies the relevant design criteria:

(a) if the car parking for the building will be equal to, or greater than, the recommended minimum amount of car parking specified in Part 3J of the Apartment Design Guide,

(b) if the internal area for each apartment will be equal to, or greater than, the recommended minimum internal area for the relevant apartment type specified in Part 4D of the Apartment Design Guide,

(c) if the ceiling heights for the building will be equal to, or greater than, the recommended minimum ceiling heights specified in Part 4C of the Apartment Design Guide.

As noted in the above assessment, the proposed development would satisfy the relevant design criteria for car parking, internal area and ceiling heights and consent could not be refused on any of these grounds.

Clause 30(2) - Development consent must not be granted if, in the opinion of the consent authority, the development or modification does not demonstrate that adequate regard has been given to:

(a) the design quality principles, and

(b) the objectives specified in the Apartment Design Guide for the relevant design criteria.

As noted in the above assessment table, it is considered that satisfactory regard has been given to the design quality principles and the objectives specified in the Apartment Design Guide.

In accordance with Clause 15 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, a certifying authority must not issue a Construction Certificate for the development unless the certifying authority has received the statement by the qualified designer verifying that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles.

In accordance with Clause 43 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, a certifying authority must not issue an occupation certificate to authorise a person to commence occupation or use of the development unless the certifying authority has received the statement by the qualified designer verifying that the development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles.

Conditions have been recommended requiring the design verification statements noted above.

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.

Clauses 2.10 and 2.11 - The site is located within a coastal use area and coastal environment area. The proposed development is not considered likely to result in any of the following:

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

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

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

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

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

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

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

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

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

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

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

Chapter 4 Remediation of Land

Clause 4.6 - Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the 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 - The proposal has been referred to Essential Energy in accordance with this clause. 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.

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 or priority oyster aquaculture area.

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 R4 High Density Residential.

· Clause 2.3(1) and the R4 zone landuse table - The proposed development for a residential flat building is a permissible landuse with consent.

The objectives of the R4 zone are as follows:

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

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

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

o To provide for tourist and visitor accommodation in key tourist precincts of urban areas of the Council area, while also encouraging increased population levels.

o To encourage development that has regard to the desired future character of streets and supports active and safe uses at pedestrian level.

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

o The proposal is a high density residential use with a variety of apartment sizes and layouts.

o The development has appropriate regard to the desired future character of the area and will support safe uses at pedestrian level.

· Clause 2.7 - The demolition of existing buildings 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 19.73m which exceeds the height limit of 17.5m applying to the site by 2.23m (12.7%).

The variation only relates to the proposed roof terrace accesses, planting structures, balustrades, and lift overruns. The extent of the variation is shown in the plan extracts below. Based on the survey plan submitted in the application, the height variation is slightly greater than the 1.96m shown by the Applicant on the architectural plans.

· Clause 4.4 - The floor space ratio of the proposal is 1.8:1 (3862m²GFA), which complies with the maximum 1.8:1 floor space ratio applying to the site.

· Clause 4.6 - This clause establishes a degree of flexibility for certain development standards in certain circumstances which have demonstrated that a better planning outcome will occur from that flexibility. In this regard, the proposal seeks a variation to the building height standard to the extent noted under Clause 4.3 above. Refer to the Applicant’s written request for an exception to the development standard at the end of this report (Attachment 4).

Assistance on the approach to variation to this standard is also taken from NSW Land and Environment Court and NSW Court of Appeal decisions in:

· Wehbe v Pittwater Council (2007) NSW LEC 827 (Wehbe);

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

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

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

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

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

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

The Applicant has submitted a request in writing to justify the contravention of the building height standard for the following reasons:

· The development achieves the objectives of Clause 4.3 despite the numerical non-compliance. It is therefore unnecessary to comply with the standard in the circumstances of the case.

· The proposed roof terrace above the height limit will provide high quality outdoor space for residents and improve the visual amenity of the building.

· The roof terrace will allow for additional landscaping in a high density area, which will have environmental benefits.

· The areas of the proposed building height variation would not be readily perceived when viewed from the street frontage, as the roof terrace has been setback from the facades.

· The additional height will not result in any adverse privacy impacts, overshadowing, or significant loss of existing views.

· The site is in the flood planning area and Council’s Flood Policy sets minimum permitted finished floor levels for the basement car par and the habitable floors of the building. It is not possible to drop the basement level to reduce the overall height of the building.

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

(a) the consent authority is satisfied that:

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

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

In Wehbe five methods have been developed to test whether a compliance with the standard is unreasonable or unnecessary:

1. The objectives of the development standard are achieved notwithstanding the non-compliance with the numerical standard and therefore compliance is unreasonable and unnecessary.

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

3. The underlying object or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable.

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

5. The zoning of particular land was unreasonable or inappropriate so that a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land and that compliance with the standard in that case would also be unreasonable or unnecessary.

The Applicant’s written request has adequately demonstrated that it is unreasonable or unnecessary to comply with the development standard in the circumstances of the case based on the first test above that the objectives of the standard are satisfied.

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

The environmental planning grounds identified in the Applicant’s written request are generally supported as providing adequate justification for contravention of the development standard.

The flooding constraint affecting the site is particularly relevant to the justification in this instance. The adopted 17.5m height control envisages 5 storey development above basement car parking. However, Council’s Flood Policy requires that basement car parking has a minimum finished floor level of 1.2m AHD. In the context of the subject site, this results in the basement level protruding 1.5m to 2m above existing ground level and significantly affects the overall height of the building.

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

Consideration of the proposal’s consistency with the objectives of the height of buildings standard is provided as follows:

Clause 4.3(1)(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality

Existing development in the locality includes a mix of building types and uses. To the east and north of the site is a 3 storey office building.

The west of the site are older single storey dwellings, which are likely to be redeveloped in the future.

To the north of the site is a 3-4 storey residential flat building.

On the southern side of Waugh Street adjacent to the site are older 2 and 4 storey residential flat buildings and a more recent 5-6 storey residential flat building.

The desired future character for the area is defined by the adopted building height and FSR controls and the DCP provisions for the Westport neighbourhood. In the immediate locality these controls envisage high density residential development with heights of 5 to 6 storeys. It is also noted that the site to the west has a maximum 19m height limit.

The proposal is considered to be sufficiently compatible with the existing and desired character for the area. The parts of the building exceeding the maximum building height are not highly visible in the streetscape and would not affect the overall compatibility of the development with the character of the locality.

Clause 4.3(1)(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development

Comments: The visual impact of the height variation will not be significant due to the nature and location of these building elements. The proposed roof terrace is set back from the building facades and wouldn’t be visible from street level. The roof terrace would be visible from the upper floors of some nearby buildings to the south and west, where levels are higher. The design of the roof form and landscaping would result in an attractive building element and is not expected to be visually offensive.

View impacts from the overall proposal are discussed in detail later in this report. It is noted that the non-compliant parts of the building are generally in the skyline when viewed from nearby property and therefore would not contribute to any significant reduction in views compared to a compliant proposal.

Privacy impacts of the roof terrace have been discussed in the assessment under the DCP and Apartment Design Guide. Adequate privacy to the residents and neighbouring properties would be maintained through a combination of building separation and privacy screens.

Shadow diagrams submitted with the application demonstrate that the elements of the building above 17.5m would not result in any increased overshadowing of neighbouring property between 9.00am and 3.00pm midwinter.

Clause 4.3(1)(c) to minimise the adverse impact of development on heritage conservation areas and heritage items,

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

Clause 4.3(1)(d) to nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan.

Adjoining land shares the same R4 High Density Residential zoning and the development does not need to provide a transition in built form.

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

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

Comments: As per the Planning Circular PS 20-002, Council can assume the Director’s Concurrence for variations to the height of buildings. In this instance the extent of the variation is more than 10% and the application is required to be determined by the Council.

Having regard to the above requirements it is recommended that the building height variations using Clause 4.6 be supported.

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

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

o The proposal is sufficiently compatible with the flood function and behaviour on the land. The site includes both flood fringe and flood storage areas.

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

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

o The proposal incorporates sufficient measures to minimise and manage the flood risk to life and property associated with the use of land. The development provides protection to the driveway accessing the basement parking for up to the 1:100 flood level. The basement openings will be protected with automatic flood gates up to the FPL3 level of 3.92m AHD.

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

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

o The proposal will not result in any identifiable adverse impacts to flood behaviour as a result of projected climate change. The flood model incorporates an appropriate climate change allowance.

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

o The development will include the demolition of two existing dwellings and several outbuildings that are currently at risk from flooding.

o Appropriate consent conditions are recommended including recommended minimum finished floor levels having regard to Council’s Flood Policy.

· Clause 7.1 - Part of the rear of the site is mapped as potentially containing class 3 acid sulfate soils. The proposed development includes excavation for the parking level and building footings that will be more than 1m below natural ground level. The application includes an Acid Sulfate Soil Management Plan prepared by Geotechnical Consultants Australia. The plan has been prepared in accordance with the Acid Sulfate Soils Manual and includes appropriate procedures for the testing, storage, treatment, and re-use/disposal of acid sulfate soils and leachate in groundwater. A condition is recommended requiring the implementation of the Acid Sulfate Soil Management Plan at the relevant stages of the development.

· 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. Provision of electricity will be subject to obtaining satisfactory arrangements certification as recommended by a condition of consent.

(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.	A Waste Management Plan has been submitted, which addresses demolition, construction, and operational waste management. The design includes a waste storage room in the basement suitable to accommodate 3 x 1100L general waste bins, 3 x 1100L recycling bins, and 10 x 240L organics bins. The development includes more than 6 dwellings and will require a private waste collection service. A conditions is recommended confirming this requirement.	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).	Less than 1m of cut and fill proposed outside the building footprint.	Yes
Tree Management – Private Land
11	c) Where a tree listed in Table 1 is approved for removal it must be compensated with 2 x koala habitat trees. Significant large-scale development will require an advanced size koala food tree or habitat tree (primary Koala browse species) that meets AS2303:2015 Tree Stock for Landscape Use. The compensation tree is to be planted in a suitable location as determined by the Director of Development and Environment or their delegate.	The proposal includes removal of existing garden trees and shrubs including a mango tree, 2 fig trees, and a group of bottlebrushes. None of the species are listed in Table 1 and compensatory plantings are not required.	Yes

*DCP 2013: Part B - General Provision - B3: Hazards Management*
DCP Objective	Development Provisions	Proposed	Complies
Flooding
19	a) Development must comply with Council’s Floodplain Management Plan and Flood Policies.	The following flood planning information is relevant to the site: · FPL1 - 2.27m AHD; · 1%AEP - 2.61m AHD; · FPL2 - 3.42m AHD; · FPL3 - 3.92m AHD; · FPL4 - 5.83m AHD; · 100 year velocity - 0.09m/s; · 100 year hydraulic categories - Flood Fringe and Flood Storage; · 100 year flood hazard - Low. The proposal includes residential development and a basement parking level. The Flood Policy requires all habitable areas to be at or above FPL3, and the basement parking to be at a minimum level of 1.2m AHD, with the access ramps and all entry points at or above FPL2. The lowest habitable level of the building is proposed to be at 4.3m AHD, which exceeds the minimum required level of 3.92m AHD. The basement parking has a finished floor level of 1.2m AHD, but the access ramp is at 2.58m AHD, which is below the FPL2 level of 3.42m AHD. In this instance it is not possible to achieve an access ramp at FPL2 as the existing road level in Waugh Street is too low. The Applicant has proposed secondary protection to the openings with an automatic flood gate to the vehicular entry and flood doors to the three fire exits. The building has been amended through the assessment process to move the vehicle entry to the western end of the building, where the existing road levels are the highest. The vehicle ramp is proposed to be at 2.58m AHD, which is only 3mm below the modelled 1% AEP flood level for the area. This will reduce the number of occasions that the building relies upon the flood protection systems to the greatest extent possible. The development only relies upon the flood gate system in extreme flood events. A Flood Risk Management Plan has been submitted with the application in accordance with the Flood Policy requirements, and demonstrates that flood risks are capable of being managed. To mitigate against the increased risk of construction in a flood zone, a condition has been recommended requiring all new works below FPL3 to be constructed of flood durable materials.	Yes

*DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking*
DCP Objective	Development Provisions	Proposed	Complies
Road Hierarchy
23	a) New direct accesses from a development to arterial and distributor roads is not permitted. Routes should differ in alignment and design standard according to the volume and type of traffic they are intended to carry, the desirable traffic speed, and other factors.	No new access to arterial or distributor roads proposed.		Yes
	b) Existing direct accesses from a development to arterial and distributor roads are rationalised or removed where practical.	N/A		N/A
	c) Vehicle driveway crossings are minimal in number and width (while being adequate for the nature of the development), and positioned: − to avoid driveways near intersections and road bends, and − to minimise streetscapes dominated by driveways and garage doors, and − to maximise on-street parking.	One driveway crossover of appropriate width proposed. The development would remove the existing crossovers to 9 and 11 Waugh Street and result in an increase in street parking.		Yes
Parking Provision
24	a) Off-street Parking is provided in accordance with Table 3. 1 parking space per each 1 or 2 bedroom unit, 1.5 spaces per each 3 or 4 bedroom unit + 1 visitor’s space per 4 units.	See parking assessment earlier under Apartment Design Guide. The proposal can use the parking rates in the Guide to Traffic Generating Developments instead of the DCP.		Yes
	b) Where a proposed development does not fall within any of the listed definitions, the provision of on-site parking shall be supported by a parking demand study.	N/A		N/A
	c) Where a proposed development falls within more than one category Council will require the total parking provision for each category.	N/A		N/A
Parking Layout
28	a) Visitor and customer parking shall be located so that it is easily accessible from the street.	Visitor parking located in the basement parking close to the access point.		Yes
	b) Internal signage (including pavement markings) should assist customers and visitors to find parking and circulate efficiently and safely through a car park.	Capable of complying. Plans show conceptual pavement markings.		Yes
	c) Parking spaces shall generally be behind the building line but may be located between the building line and the street when: − it is stacked parking in the driveway; or − it can be demonstrated that improvements to the open space provided will result; and − the spaces are screened (densely landscaped or similar) from the street by a landscaping with a minimum width of 3.0m for the entire length of the parking area.	Parking located behind building line.		Yes
	d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking and AS 2890.6 - Off-street parking for individuals with a disability and AS/NZS 2890.2 - Parking facilities - Off-street commercial vehicle facilities.	Capable of complying. Conditions recommended requiring certification of design and completed parking area.		Yes
	e) Stack or tandem parking spaces will not be included in assessment of parking provision except where: − the spaces are surplus to that required; − in motor showrooms; − for home business; − for exhibition homes; − in car repair stations; − staff parking spaces are separately identified and delineated; − it is visitor parking associated with a dual occupancy multi dwelling and/or terrace housing, directly in front of the garage with a minimum depth of 5.5m.	No stack or tandem parking proposed.		Yes
29	a) Parking is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking, AS/NZS 2890.2 - Parking facilities - Off-street commercial vehicle facilities, AS 1428 - Design for access and mobility and AS 2890.6 - Off-street parking for individuals with a disability.	Capable of complying. Conditions recommended requiring certification of design and completed parking area.		Yes
30	a) Bicycle and motorcycle parking shall be considered for all developments.	Proposal includes 2 motorcycle spaces and 6 bicycle spaces. Dimensions of spaces comply.		Yes
	b) Bicycle parking areas shall be designed generally in accordance with the principles of AS2890.3 - Parking facilities - Bicycle parking facilities.
	c) Motorcycle parking areas shall be 1.2m (wide) x 2.5m (long).
Surface Finishes
35	a) All parking and manoeuvring areas shall be constructed with a coarse base of sufficient depth to suit the amount of traffic generated by the development, as determined by Council. It shall be sealed with either bitumen, asphaltic concrete, concrete or interlocking pavers. Preliminary details of construction materials for access and car parking areas shall be submitted with the development application. Detailed plans shall be prepared for the construction certificate by a practising qualified Civil Engineer.	Concrete surface proposed.		Yes
	b) In special cases (e.g. where traffic volumes are very low) Council may consider the use of consolidated unsealed gravel pavement for car parks. However, this should not be assumed and will need to be justified by the applicant at the Development Application stage.	N/A		N/A
Drainage
36	a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.	The parking is located in an enclosed area within the building and will not create any additional impervious area that requires drainage.		N/A
	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.
37	a) Car parking areas should be drained to swales, bio retention, rain gardens and infiltration areas.

*DCP 2013: Part B - General Provisions - B5: Social Impact Assessment and Crime Prevention*
DCP Objective	Development Provisions	Proposed	Complies
Crime Prevention
43	a) The development addresses the generic principles of crime prevention: - Casual surveillance and sightlines; - Land use mix and activity generators; - Definition of use and ownership; - Basic exterior building design; - Lighting; - Way-finding; and - Predictable routes and entrapment locations; - as described in the Crime Prevention Through Environmental Design (CPTED) principles.	The proposed development will be unlikely to create any 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.	Yes

*DCP 2013: PART C - Development Specific Provisions - C2: Residential Flat Development, Tourist and Visitor Accommodation, and Mixed Use Development*
DCP Objective	Development Provisions	Proposed	Complies
Site Design and Analysis
57	a) A site analysis plan is required for all development and should illustrate: - microclimate including the movement of the sun and prevailing winds - lot dimensions - north point - existing contours and levels to AHD - flood affected areas - overland flow patterns, drainage and services - any contaminated soils or filled areas, or areas of unstable land - easements and/or connections for drainage and utility services - any existing trees and other significant vegetation, including major and significant trees on adjacent properties, particularly those within 9 m of the site - the location, height and use of buildings surrounding the site, and those across any road adjacent to the site, including their setback distances - heritage and archaeological features - the built form, scale and character of surrounding and nearby development, including fencing, boundaries and landscaping - pedestrian and vehicle access - views and solar access to surrounding residents - private open space and windows of habitable rooms of nearby properties which have an outlook to the site - difference in levels between the site and adjacent properties at their boundaries - street frontage features including poles, trees, kerb crossovers, bus stops and other services - heritage features and buildings of the surrounding locality and landscape - direction and distance to local facilities including local shops, schools, public transport and recreation and community facilities - characteristics of, and distance to any nearby public open space - any nearby bushland or environmentally sensitive land - any significant local noise, odour or pollution sources - any other notable features or characteristics of the site	Adequate site analysis provided.	Yes
Site Layout
58	a) All applications are to include a site plan, which annotates the manner in which site attributes and constraints have been considered, as follows: - appropriateness of built form and landscape in relation to the site context, topography and urban character - building arrangement and relationship to streets and open space - access ways within and beyond the site - location, function and opportunities for casual surveillance of open space - ongoing site management considerations (i.e. garbage, mail collection, stormwater etc) - location of existing and proposed stormwater and sewer pipes - private open space and security - parking arrangements and reduced dominance of driveways - heritage and conservation opportunities and constraints (where relevant) - energy efficiency in building design and siting - solar access to subject development and adjoining residences	Adequate site plan provided.	Yes
Streetscape and Front Setback
59	a) In an established street, the primary setback should be within 20% of the average setback of the adjoining buildings in a R1 General Residential zone.	Site is not in an R1 zone.	N/A
	b) A minimum setback of 3.0m is required from all street frontages in a R3 Medium Density Residential and R4 High-Density Residential zone.	4.7m front setback to sub-basement and 6m front setback to apartments, with balconies extending to 3.4m setback.	Yes
	c) Where tourist accommodation is proposed a maximum setback of 9 metres is permitted to allow for a swimming pool within the front setback.	N/A	N/A
60	a) Balconies and other building extrusions may encroach up to 600mm into the required front setback.	No encroachment proposed.	N/A
	b) Buildings should generally be aligned to the street boundary.	Building is aligned to the street boundary.	Yes
	c) Primary openings on all developments are aligned to the street boundary or to the rear of the site.	Primary openings aligned to the street and the rear.	Yes
Side and Rear Setbacks
61	a) The following setbacks apply to all sites, except where the side boundary is a secondary street frontage: - Buildings should be set back a minimum of 1.5m from side boundaries, for a maximum of 75% of the building depth. - Windows in side walls should be set back 3m from side boundaries. - Where the site is adjacent to an existing strata-titled building, buildings should be set back a minimum of 3m from side boundaries.	Minimum 3m side setback.	Yes
	b) Side walls adjacent to existing strata-titled buildings should be articulated and modulated to respond to the existing buildings.	Design includes appropriate articulation to side walls above parking level.	Yes
	c) A minimum rear setback of 6.0m from the building and sub basements is required.	Minimum 6m rear setback to building. Minor encroachment to 5m for stairs providing access to rear private courtyards considered acceptable.	No, but acceptable
62	a) A party wall development may be required if site amalgamation is not possible and higher density development is envisaged by these controls.	N/A	N/A
63	a) Party wall development can occur only with the agreement and consent of the adjoining property owner. Exposed party walls should be finished in a quality comparable to front facade finishes	N/A	N/A
64	a) Corner sites should be consolidated with adjacent sites, so that the building turns the corner.	N/A	N/A
64	b) If this is not possible, a minimum setback of 6.0m should extend to the secondary street.	N/A	N/A
65	a) Where sites adjacent to open space are to be developed, the edge of the open space should be defined with a public road and buildings should address the open space.	N/A	N/A
Fences and Walls
77	a) Solid front fences built on or near boundaries should be: - setback 1.0m from the front boundary; - suitably landscaped to reduce visual impact, and. - provide a 3m x 3m splay for corner sites.	No front fence proposed.	N/A
77	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: o 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 o be erected up to the front boundary for maximum lengths of 6.0m or 50% of the street frontage, whichever is less; and o have openings which make it not less than 25% transparent; o provide a 3m x 3m splay for corner sites, and o provide a 900mm x 900mm splay for vehicle driveway entrances.	N/A	N/A
Acoustic Privacy
79	a) Buildings are designed so that: - busy noisy areas within the apartment face the street; and - quiet areas face the rear or side of the lot - bedrooms have line of sight separation of minimum 3m from parking areas, streets and shared driveways.	Apartment design includes living rooms and bedrooms fronting the street. Given the southern orientation, it is not desirable to have all living areas oriented to the street. The design includes solid balustrades adjacent to the bedroom windows to reduce the impacts of street noise. All bedrooms have more than 3m separation from the street, driveway, and parking areas.	No, but acceptable
79	b) Openings of adjacent dwellings should be separated by a distance of at least 6m.	Compliant separation provided.	Yes
80	a) Uses are to be coupled internally and between apartments i.e. noisy internal and noisy external spaces should be placed together.	Uses appropriately grouped internally.	Yes
Accessibility
82	a) Developments should be designed in accordance with Australian Standard AS1428.	Capable of complying.	Yes
83	a) Barrier free access to at least 20% of dwellings in the development is provided.	Barrier-free access provided to all apartments.	Yes
Social Dimensions and Housing Affordability
84	a) Developments should be located close to areas of open space, recreation and entertainment facilities and employment areas.	The site is located on the fringe of the town centre with good access to public open space along the Hastings River and Kooloonbung Creek foreshore.	Yes
84	b) Where the Local Environmental Plan permits a floor space ratio greater than 1:1 a ratio of not less than 1:1 should be achieved.	Proposal achieves an FSR of 1.8:1	Yes
85	a) A variety of apartment types including studio, 1, 2, 3 and 3+ bedroom apartments are provided within the development.	Proposal includes a mix of 2 and 3 bedroom apartments.	Yes
	b) Studios and 1-bedroom apartments are not to exceed 20% of the total number of apartments within the development.	No studio or 1 bedroom apartments proposed.	Yes
	c) A mix of 1 and 3 bedroom apartments are provided on the ground level to cater for improved accessibility for disabled, elderly people or families with children.	Ground floor includes all 2 bedroom apartments. The podium design makes this level less accessible for families and the elderly. The larger 3 bedroom apartments are located on the upper floors with increased balcony sizes and access to the roof terrace.	No, but acceptable
Roof Form
87	a) Lift over-runs and service plants should be integrated within roof structures.	Lift over-runs integrated into roof terrace design.	Yes
	b) Outdoor recreation areas on flat roofs should be landscaped and incorporate shade structures and wind screens to encourage use.	Appropriate landscaping, shelter and screens proposed on roof terrace.	Yes
	c) Outdoor roof areas should be oriented to the street.	Roof terrace utilises the whole roof and includes sections that are oriented to the street.	Yes
	d) Roof design should generate an interesting skyline and be visually interesting when viewed from adjoining developments.	Roof design will add interest.	Yes
Facade Composition and Articulation
88	a) Facade composition should: - be designed with a balance of horizontal and vertical elements; - respond to environmental and energy needs, such as sun shading, light shelves and bay windows; - incorporate wind mitigation; - reflect the uses within the buildings. - include a combination of the following design elements: o defined base, middle and top levels; o a mixture of window types; o variation in floor height (particularly at lower levels); o balustrade detail that reflects the type and location of the balcony; o setting back the top levels of the building; o street level features that reinforce the human scale; and o balconies, awnings and recesses that create shadowing.	Appropriate façade composition proposed.	Yes
Laundries and Clothes Drying Facilities
92	a) Secure open air clothes drying facilities that: - are easily accessible; - are screened from the public domain and communal open spaces; and - have a high degree of solar access.	No shared clothes drying area proposed. Balconies are capable of accommodating open air clothes drying facilities.	Yes
Mailboxes
93	a) Mailboxes should be integrated into building design and sighted to ensure accessibility and security.	Mail boxes located adjacent to the main building entry.	Yes
Safety and Security
94	a) Developments should establish a hierarchy of space and clearly define the transition from public through to private space.	Public and private spaces clearly defined by the podium and landscaping at the front of the site. Rear private courtyards will be defined by fencing. The roof terrace includes fencing/screening between the private areas associated with the Level 5 apartments and the communal space.	Yes
	b) Entrances should: - be orientated towards the public street and encourage visibility between entrances, foyers and the street. - provide direct and well-lit access between car parks and dwellings, between car parks and lift lobbies, and to all unit entrances. - optimise security by grouping clusters to a maximum of eight, around a common lobby.	Main entrance is oriented to the street and clearly visible.	Yes
	c) Surveillance is to be facilitated by: - views over public open spaces from living areas where possible. - casual views of common internal areas, such as lobbies and foyers, hallways, recreation areas, and car parks. - the provisions of windows and balconies. - separate entries to ground level apartments	Balconies and windows will provide passive surveillance of the street and building entry.	Yes
	d) Concealment should be avoided by: - preventing blind or dark alcoves which might conceal intruders particularly near lifts and stairwells, at the entrance and within indoor car parks, along corridors and walkways. - providing appropriate levels of illumination for all common areas. - providing graded car park illumination, with the lighting of entrances higher than the minimum acceptable standard.	Design of common areas does not provide any blind spots or alcoves that would provide concealment opportunities. Common areas and parking will be appropriately lit.	Yes
	e) Access to all parts of the building (including, apartments, different floors, balconies, common areas) is to be controlled.	Access to the building will be controlled.	Yes
Utilities
96	a) Compatible public utility services are to be co-ordinated in common trenching in order to minimise excavations for underground services.	Capable of complying.	Yes
	b) Above ground utility infrastructure such as substations, inspection cabinets are to be integrated into the design of the building or complementary to the building design in terms of colour, materials and design.	Hydrant boosters identified on plans and integrated into front landscaped area.	Yes
	c) The site and the individual dwellings are to be numbered for easy identification by visitors and emergency personnel.	Capable of complying.	Yes
	d) Common aerials and satellite dishes, with signal amplifiers are provided as appropriate.	Capable of complying.	Yes

DCP 2013: Part D - Locality Specific Provisions - D1.3 Westport Neighbourhood

DCP Objective

Development Provisions

Proposed

Complies

New Streets and Laneways

201

a) New laneways, park edge streets and through site pedestrian links are to be provided as shown in Figure 54.

No laneways or park edge streets applicable to the subject site.

N/A

b) New laneways are to be a minimum 8 metre reserve width for two way traffic with a 1.5 metre wide planting zone along the residential interface.

N/A

c) New laneways are to be a minimum 6 metres reserve width for one way traffic and include a 1.5 metre wide planting zone along one side.

N/A

d) New park edge streets are to be a minimum 12 metres reserve width with a footpath along the northern side and parallel parking bays along the park edge.

N/A

e) New pedestrian through-site links are to be a minimum 2 metres wide.

N/A

f) Lighting, paving, street furniture and street tree planting are to be provided in accordance with Council specification.

N/A

Lot Size and Frontage

202

a) A minimum lot frontage of 24 metres at the property line is required for residential flat development.

42.67m frontage.

Yes

b) On sites with multiple street frontages, a reduced frontage of 18 metres may be appropriate,

N/A

c) Where it is demonstrated that adequate on-site parking, setbacks, separation and deep soil can be achieved.

N/A

Building Height

203

General

a) Buildings do not exceed the maximum height of buildings shown in the local environmental plan maps.

Building exceeds height specified in LEP. See comments under Clause 4.6 of the LEP earlier in this report.

b) Setbacks and building alignments are to be consistent with those shown in Figure 55.

Building includes upper floor setback for Level 4 and 5.

Yes

Bridge Street south-west of Gore Street

c) Where commercial uses are proposed for ground and first floor, a 2 storey wall height is to be built to the front boundary with residential floors above, setback 3 metres.

N/A

d) The floor level of the upper-most storey is to be at least 4.5 metres below the maximum permissible building height in metres.

N/A

Gore Street, Bridge Street and William Street

e) Ceiling heights for ground and first levels are to be a minimum of 3.3 metres to promote flexibility in use over time.

N/A

Streetscape and Front Setbacks

204

a) Setbacks and building alignments are to be consistent with those shown in Figure 55 and Figure 56.

Building includes upper floor setback for Level 4 and 5.

Yes

b) Where no setback is shown, buildings are to be setback 3 metres from the street.

3.4m to balconies.

Yes

Side and Rear Setback

205

a) Buildings are setback:

- 3 metres from side boundaries, and

- 6 metres from the rear boundary.

Minimum 3m side setback.

Minimum 6m rear setback to building and sub-basement. Minor encroachment to 5m for stairs providing access to rear private courtyards considered acceptable.

No, but acceptable

b) South of Gordon Street, where existing residential uses are located to the rear, the rear setback is 10 metres (see Figure 58).

N/A

c) Party wall development is not appropriate in the precinct.

No party walls proposed.

Yes

Kooloonbung Creek

206

a) Where possible, buildings are to address Kooloonbung Creek pedestrian/cycle way with secondary building entries and individual entries to ground floor units.

N/A

b) Where topography and flood management limit the ability for units to engage with the pathway, upper level balconies and communal open space are to overlook and contribute to the surveillance of the creek corridor.

N/A

Building Separation

207

a) Side and rear walls are to be articulated to achieve privacy separation with balconies and windows of adjacent buildings. Separation distances are to be measured from the boundary as:

- Up to 4 storeys/12 metres - 6 metres for habitable rooms and balconies, 3 metres for non-habitable rooms

- Between 5 and 8 storeys/up to 25 metres - 9 metres for habitable rooms and balconies, 4.5 metres for non-habitable rooms.

Some habitable room windows and balconies on Level 4 & 5 of the building have an 8.7m side setback. This minor reduction is considered acceptable given the relationship to neighbouring properties.

No, but acceptable

b) Where an existing strata-titled building adjacent to the proposed development site does not provide adequate separation, privacy screens or louvers are to augment the above separation distances.

N/A

Communal Open Space

208

a) Communal open space is to be at least 25 per cent of the site area.

Proposal includes 693m² of communal open space located at ground level and on the roof top. This equates to 32% of the site area.

Yes

b) Where it is demonstrated that 25 per cent is not achievable due to site size constraints, provide a minimum 5 square metres per dwelling unit as consolidated communal open space.

N/A

c) A minimum 2 hours sunlight is provided to the principle portion of communal open space between 9am and 3pm in mid-winter.

Roof top communal open space will receive more than 2 hours direct sunlight.

Yes

d) Requirements for communal open space may be reduced where a development contributes to the enhancement of public open space. In particular, properties along Gore Street may contribute to the linear park in lieu of communal open space.

N/A

e) Roof top communal open space is to be setback from building edges and located to minimise overlooking to adjacent properties.

The roof top space includes appropriate setbacks, landscaping and screening to protect the privacy of adjoining properties.

Yes

Deep Soil

209

a) Deep soil is to be provided at the following rates:

Site area	Minimum deep soil zone (% of site area)
Less than 650m2	7%
650 to 1 500m2	10%
Greater than 1 500m2	15%

256m² of deep soil zone with minimum dimension of 6m, which equates to 12% of the site area.

An additional 360m² of deep soil zone with dimension of 3m or greater is provided to the front and sides of the building. Total deep soil zone is 26% of the site area.

Yes

b) The deep soil zone is to have a minimum dimension of 6 metres. On small sites, where it can be demonstrated that 6 metres is unachievable, a 3 metre minimum may be permitted.
Note: As deep soil is typically located along the rear boundary, sites likely to be constrained include sites under 30 metres deep, with lane way access and frontage, or where a new lane way is provided.

c) Deep soil zones are to be consolidated on a site and where possible, co-located with adjoining deep soil zones.

Deep soil zone is consolidated across the rear and sides of the site and would provide the opportunity for co-location with deep soil zones on neighbouring property.

Yes

d) Up to 10 per cent of a deep soil zone may be paved but only where paving is specifically designed to allow for tree root growth. For example, a paving profile of up to 250mm deep or decks with shallow pad footing.

N/A

Fences and Retaining Walls

210

a) Fences within 1 metre of the boundary are to follow the street alignment with a maximum height of 1.2 metres.

No front fencing proposed.

N/A

b) On sites where the ground floor level is above the ground level at the boundary or in flood affected areas, a secondary higher fence or balustrade may be appropriate setback 1 metre from the boundary and up to 2 metres high above the boundary level.

The proposal has an elevated ground floor due to flooding constraints. The front of the podium incorporates a solid balustrade to a height of 2 - 2.6m above street level. This level is not able to be reduced further as 1.2m AHD is the minimum finished level permitted under the Flood Policy for the basement parking.

No, but acceptable

c) Any fences or retaining walls over 1.2 metres above the boundary level should be 50 per cent transparent above the 1.2 metre datum.

N/A

d) Where the site slopes along the street, fencing should be incrementally stepped to reduce its height

N/A

(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 92

Demolition of the two existing dwellings and associated outbuildings 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 site has a general southerly street frontage orientation to Waugh Street.

Adjoining the site to the east and north is a 3 storey office building. Also adjoining the site to the north is a 3-4 storey residential flat building. Adjoining the site to the west are three single storey dwellings. Adjoining the site to the south are three residential flat buildings of 2, 4, and 5-6 storeys in height.

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

View Sharing

The public notification and advertising of the proposal identified concerns regarding loss of views from the nearby residential flat building at 14 Waugh Street to the south of the site.

The notion of view sharing is invoked when a property enjoys existing views and a

proposed development would share that view by taking some of it away for its own

enjoyment. Taking it all away cannot be called view sharing, although it may, in some

circumstances, be quite reasonable.

NSW Land and Environment Court case law, in particular the case Tenacity

Consulting v Warringah 2004 NSW LEC 140, sets an established ‘planning principle’

to provide an assessment methodology as to what constitutes view sharing and a

stepped approach to identifying whether reasonable view sharing is maintained or

achieved. The following four (4) steps are of relevance and assessment comments

are provided in regards to potential view impacts to the neighbouring properties.

Step 1 Assessment of views to be affected

Water views are valued more highly than land views. Iconic views (e.g. of the Opera

House, the Harbour Bridge or North Head) are valued more highly than views without

icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in

which it is obscured.

Comments: Existing views from 14 Waugh Street include the Hastings River north to Settlement Point, Pelican Island, and distant hinterland views to the west. Part of the water view includes land and water interface, with the most visible component of the interface being along Pelican Island.

Photographs of the extent of the existing views from the upper floor at the western end of the building are included below.

Step 2 Consider from what part of the property the views are obtained

For example, the protection of views across side boundaries is more difficult than the

protection of views from front and rear boundaries. In addition, whether the view is

enjoyed from a standing or sitting position may also be relevant. Sitting views are

more difficult to protect than standing views. The expectation to retain side views and

sitting views is often unrealistic.

Comments: The views are obtained from living areas, kitchens, bedrooms, balconies, and roof terraces. From the upper two floors of the building, the views are available from both sitting and standing positions. The views are obtained across the front boundary of the site.

Step 3 Assess the extent of the impact

This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

Comments: The Applicant has provided an analysis of the extent of view loss in the architectural plans, and some extracts are included below:

The Applicant’s plans also provide a numerical analysis of the view loss for each apartment on the top two floors of the residential flat building at 14 Waugh Street.

For all apartments assessed, a portion of the existing water view will be retained. For the majority of apartments, the retained portion of the view includes the most significant part of the land and water interface along Pelican Island. Unit 21 at the eastern end of the building is the most significantly impacted by the proposed development, and would lose the majority of the land and water interface.

Overall, the view loss is considered to be moderate for Units 17, 18, 19, 22, 23, and 24. The view loss is considered to be severe for Units 16 and 21. Unit 16 has not been analysed by the Applicant, but is located directly below Unit 21, with rooms and views oriented in the same manner. The impact on Unit 16 would be greater, given that the views are obtained from 3m lower than Unit 21.

Step 4 Assess the reasonableness of the proposal that is causing the impact

A development that complies with all planning controls would be considered more

reasonable than one that breaches them. Where an impact on views arises as a

result of non-compliance with one or more planning controls, even a moderate impact

may be considered unreasonable. With a complying proposal, the question should be

asked whether a more skilful design could provide the applicant with the same

development potential and amenity and reduce the impact on the views of

neighbours. If the answer to that question is no, then the view impact of a complying

development would probably be considered acceptable and the view sharing

reasonable.

Comments: The proposed development largely complies with the relevant planning controls for the area. The only non-compliance of relevance to the consideration of view impacts is the exceedance of the building height control in Clause 4.3 of the LEP, which is discussed in detail earlier in this report. The parts of the building above the height limit would generally be viewed in the skyline and not result in any additional reduction in views.

The only exception is the views from the roof terrace of 14 Waugh Street, which is located at a higher level. The view analysis indicates that the parts of the development above the height limit would result in the loss of views to part of Pelican Island and the Hastings River, including the land and water interface.

The roof terraces are a secondary area of private open space for the upper floor apartments, which also have significant balconies at the same level as the living spaces. A significant water view would still be retained from the roof terraces.

The building is otherwise compliant with the relevant setback and floor space ratio controls applicable to the land.

In relation to the proposed design of the building there is no obvious opportunities for amendments to the design that would achieve the same development potential and amenity and reduce the impact on the views of neighbours. The building mass could be shifted towards one of the side boundaries to improve views from some vantage points, but this would also reduce views from other locations. Locating the mass of the building centrally on the site will provide the most equitable view corridors between building as other properties in the area are redeveloped in the future.

Overall, the proposed development is considered to be reasonable, and the view sharing acceptable. All apartments in the top two floors of the neighbouring apartment building would retain at least part of a water view, with the majority of apartments also retaining the most significant part of the land and water interface.

Access, Traffic and Transport

The application includes a Traffic & Parking Impact Assessment prepared by Stanbury Traffic Planning.

The proposed development has been assessed as likely to generate 0.29 trips per dwelling in the peak hour, in accordance with TfNSW’s Guide to Traffic Generating Developments. This equates to 10 trips in the peak hour, which is 8 additional trips compared to existing conditions.

The additional traffic generation is within the capacity of the existing road network in the area.

Site Frontage and Access

Vehicle access to the site is proposed via a single two-way driveway to Waugh Street at the western end of the building. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Two redundant crossovers providing access to the existing dwellings are required to be removed and the kerb and gutter reinstated.

Due to the type and size of development, additional works are required to include concrete footpath paving (minimum 1.2m wide) along the full frontage of the site.

Appropriate conditions are recommended in this regard.

Parking and Manoeuvring

A total of 47 parking spaces (including 3 disabled spaces) have been provided on-site. Five (5) additional disabled spaces have been identified on the plans, that are not consistent with AS 2890, and it is assumed that these spaces are intended to be allocated to the adaptable apartments. It is noted that the additional disabled spaces are not necessary to satisfy the minimum requirements of the NCC.

Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been recommended to reflect these requirements.

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

Water Supply Connection

Council records indicate that the development site has two existing 20mm metered water service. Each proposed unit will need to be separately metered for water. Meters may be either located at the road frontage or internally with a master meter at the boundary. Internal water meters are to be located in foyer areas, secure and accessible for meter reading, otherwise a remote reading display facility shall be provided in an approved central location that is easily accessible. Details are to be shown on the engineering plans. All work will need to comply with the requirements of Council’s adopted AUSPEC Design and Construction Guidelines and Policies.

Final water service sizing will need to be determined by a hydraulic consultant to suit the relevant components of the development, as well as fire service and backflow protection requirements in accordance with AS3500.

Any water fittings located within the proposed driveway, will need to be relocated at no cost to Council.

Appropriate conditions are recommended in this regard.

Sewer Connection

Council records indicate that the development sites are connected to sewer via several junctions to the existing sewer main. Due to the scale of the development and the increased load on sewer infrastructure, it is necessary to discharge all sewage to a new or existing manhole.

Any abandoned sewer junctions are to be capped off at Council’s sewer main and Council notified to carry out an inspection prior to backfilling of this work.

The existing AC sewer main serving No. 10 and 12 Gore Street will need to be relocated clear of the proposed building and any retained sections of the main replaced in accordance with Council’s adopted AUSPEC Design and Construction Specifications.

Footings and/or concrete slabs of buildings adjacent to sewer lines are to be designed so that no loads are imposed on the infrastructure.

Appropriate conditions are recommended in this regard.

Stormwater

Stormwater from the proposed development is planned to be discharged via a piped connection to the kerb inlet pit in the Waugh Street frontage.

a) The design shall incorporate on-site stormwater detention facilities to limit site stormwater discharge to pre development flow rates for all storm events up to and including the 100 year ARI event. Note that pre development discharge shall be calculated assuming that the site is a ‘greenfield’ development site as per AUSPEC requirements.

b) The design shall include water quality controls designed to achieve the targets specified within AUSPEC D7.

c) The Stormwater Management Plan must include detail of how subsoil from the proposed basement will be drained. Pump-out of the subsoil drainage associated with the basement is not permitted unless it can be demonstrated that groundwater flows are minimal/ intermittent and subject to direct connection of the site discharge to Council’s piped drainage system. This option will only be considered when supported by detailed geotechnical investigation.

d) Where subsurface waters are permitted to be pumped from the basement, discharge must be connected directly to Councils piped drainage system No stormwater or subsoil discharge is permitted to the waterway frontage of the development.

e) A maintenance plan for the OSD and water quality facilities.

Appropriate conditions are recommended in this regard.

Other Utilities

Telecommunication and electricity services are available to the site. Evidence of satisfactory arrangements with the relevant utility authorities for provision to the development and a condition is recommended in this regard.

Heritage

No known items of Aboriginal or European heritage significance exist on the property. The site is in an urban context and 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.

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX. No adverse impacts anticipated.

Noise and vibration

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

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.

Given the scale and nature of the work involved in the construction phase, a condition is also recommended requiring a dilapidation report for nearby properties.

Cumulative impacts

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

(c) The suitability of the site for the development

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

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

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

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

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

Submission Issue/Summary	Planning Comment/Response
It is understood that the height limit for the area is 3 storeys and the proposal is for a 5 storey building.	The height limit for the site is 17.5m above existing ground level, which typically equates to 5 storey development (6 storeys including basement parking).
Object to any increase in building height above the 17.5m limit. Even at a compliant height the development would result in a 50% reduction in views from 24/14 Waugh Street.	A detailed view sharing assessment is provided earlier in this report. The additional height of the building above 17.5m is viewed in the skyline from the living levels and balconies of the nearby building at 14 Waugh Street and would not contribute to any identifiable additional view loss.
The development will result in a reduction in solar access to apartments in the neighbouring building at 14 Waugh Street.	Shadow diagrams have been provided in the architectural plans, which demonstrate that the development would not result in any loss of solar access to 14 Waugh Street between 9.00am and 3.00pm mid-winter.
The building should be no higher than the Essential Energy building, or at most 4 storeys.	The height controls for the area permit buildings higher than 4 storeys or the top of the Essential Energy building.
Request for dilapidation report for the existing building at 14-16 Buller Street as a condition of consent.	A condition has been recommended requiring a dilapidation report for all adjoining properties.
The 3D Model shown in the revised application proves 24/14 Waugh Street will lose at least 80% of views currently enjoyed especially from the living area balcony, kitchen and dining room and 100% from the second bedroom.	The view analysis identifies an overall view loss of 20% for the Unit 24 living areas and balcony, which includes loss of approximately 30% of the existing water view. The second bedroom has not been specifically addressed, but the angle of the view from this window would be similar to the Unit 23 balcony view in the plans. The Unit 23 balcony has been modelled to lose 22% of the existing view, which includes loss of 40% of the existing water view.
The majority of the time residents occupy the living level of the top floor apartments at 14 Waugh Street and it is preferable to retain views from this level than have to access the roof terrace to enjoy views.	The value of views from the living levels of the neighbouring apartment building has been considered to be greater than the roof terrace in the view sharing assessment.
The construction of a 6 storey flat building will result in increased pollution in the area and negative impacts on the natural environment.	Appropriate conditions have been recommended for the management of construction activities to prevent pollution and amenity impacts in the locality. The subject site is not identified as being of high biodiversity value, and no native vegetation is proposed to be removed for the development. Adequate waste management arrangements are proposed for the operational phase of the development.
The development of the residential flats will disturb the peacefulness and serenity of the neighbourhood.	The subject site is located in a high density residential area on the fringe of the Port Macquarie town centre and directly adjoins a substantial office building. The objects of the zone include provision of high density housing, and the increased activation of streets. The proposal is considered to be compatible with the existing, and desired future, character of the area in this regard.
The development will reduce privacy to neighbouring properties.	Privacy impacts have been considered having regard to the requirements of the Apartment Design Guide and Council’s DCP. The development provides appropriate separation distances for habitable room windows and balconies, as well as privacy screening in some locations.

(e) The Public Interest

The proposed development satisfies the objectives of the 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

Section 7.11 Contributions

In assessing s7.11 contributions, Council staff have reviewed the development in accordance with the Port Macquarie-Hastings Council Development Contributions Assessment Policy (DCAP) and applicable Contribution Plans.

The site has been provided contribution credit based on 4 existing lots, 3 of which have areas between 450m² and 2000m². Lot 12A DP 361896 has an area of less than 450m² and contains a 3 bedroom dwelling.

The proposed development will comprise a residential flat building containing 26 x 2 bedroom apartments and 8 x 3 bedroom apartments and contributions have been charged accordingly.

Having considered the above, the proposed development will increase the demand for public amenities/services as listed under the following Contribution Plans:

1. Port Macquarie-Hastings Administration Building Contributions Plan 2007

2. Hastings S94 Administration Levy Contributions Plan

3. Port Macquarie-Hastings Open Space Contributions Plan 2018

4. Hastings S94 Major Roads Contributions Plan

5. Port Macquarie-Hastings Community Cultural and Emergency Services Contributions Plan 2005

As a result, s7.11 contributions apply and a condition of consent has been recommended to ensure payment.

Section 7.12 Contributions

The proposed development does not contain any commercial/industrial component. As a result, s7.12 contributions do not apply.

Section 64 Water and Sewer Contributions

The proposed development will comprise a residential flat building containing 26 x 2 bedroom apartments and 8 x 3 bedroom apartments and contributions have been charged accordingly.

Having considered the above, the proposed development will increase the demand on water and sewer services.

As a result, s64 contributions apply and a condition of consent has been recommended to ensure payment.

Refer to estimate of the applicable development contributions at the end of this report (Attachment 3).

5. CONCLUSION AND STATEMENT OF REASON

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

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

Attachments

1 ⇩. Attachment 1 - Recommended Conditions

2 ⇩. Attachment 2 - Plans

3 ⇩. Attachment 3 - Contributions Estimate

4 ⇩. Attachment 4 - Clause 4.6 Written Request

AGENDA

Development Assessment Panel

17/05/2023

Item: 07

Subject: DA2022 - 756.1 Multi-Dwelling Housing and Strata Title Subdivision at Lot 22 DP807508, 197 Matthew Flinders Drive, Port Macquarie

Report Author: Development Assessment Planner, Beau Spry

Applicant: M Prados & K Prados

Owner: Krisprad Holdings Pty Ltd

Estimated Cost: $950,000

Parcel no: 13370

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2022-756 for a Multi-Dwelling Housing and Strata Title Subdivision at Lot 22, DP807508, No. 197 Matthew Flinders Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a Multi-Dwelling Housing and Strata Title Subdivision at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, 17 submissions were received.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 902.45m².

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 3 semi-detached dwellings.

· Strata subdivision as part of this application

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

Application Chronology

· 24/08/2022 - Application lodged with Council.

· 12/09/2022 - 26/09/2022 - Notification period.

· 29/09/2022 - Council staff requested additional information.

· 20/10/2022 - Council staff requested additional information.

· 21/10/2022 - Applicant partially responded to request for additional information.

· 28/10/2022 - Applicant respond to submissions additional information and

provide updated plans.

· 16/11/2022 - Update provided to applicant.

· 19/12/2022 - Bushfire Safety Authority received from NSW Rural Fire

Service.

· 20/12/2022 - Council staff request additional information.

· 01/02/2023 - Applicant provide response to request for additional information

and provide updated plans.

· 03/02/2023 - Council staff request additional information based on the

updated plans.

· 09/02/2023 - Council staff meet with applicant to discuss additional

information, submissions and updated plans.

· 4/004/2023 - Applicant provide updated plans.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy (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 coastal wetlands) of this SEPP, the proposed development is not considered likely to result in any of the following:

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

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

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

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

Chapter 4 Remediation of Land

Clause 4.6 - Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the intended use.

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

A BASIX certificate (1320832M) 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.

Advice received from Essential Energy has been forwarded to the Applicant for consideration. A site inspection and the provided plans indicate that the driveway is in excess of 10m from the closest point to the service pit located at the front of the property.

The development does not trigger any of the traffic generating development thresholds of Clause 2.121. Referral to the NSW Roads and Maritime Services (RMS) is not required.

Based on the above, the proposed development addresses relevant clauses in the SEPP and will not to create any significant adverse conflict in terms of traffic or noise.

State Environmental Planning Policy (Primary Production) 2021

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

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 proposal is best characterised as 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 4.1 - The minimum lot size for subdivision is 450m². However, pursuant to Clause 4.1(4) this control does not apply to the proposal as strata subdivision is sought. The existing residential lot has an area of 902.45m²

· Clause 4.3 - The maximum overall height of the buildings above ground level (existing) is 7.8m which complies and is well below the standard height limit of 11.5m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal is 0.63:1 which complies with the maximum 1:1 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.

(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).	The site slopes west to east by approx. 2m. Max cut of 1.2m is proposed between Units 2 and 3. There is compliant fill at a maximum 1m height at the rear of the site; cut less than 1m along the west boundary and fill at the front of the site less than 1m in height.	No, variation sought below
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	Max 1.2m high retaining wall proposed for west side of driveway/turning bay. Condition recommended for all retaining walls to be engineered.	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.	Max 2.1m high part section of fence and retaining combination proposed for Unit 1 courtyard. This exceedance is predominantly owing to the site topography sloping by 1m west-to-east across the front fence/retaining line. The variation includes recesses for landscaping.	No, variation sought below

*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.	An assessment has been completed by an accredited person - BAL LOW indicated. The report indicates that the required APZ’s can be maintained within the site.	Yes
Flooding
19	a) Development must comply with Council’s Floodplain Management Plan and Flood Policies.	Site is not identified as flood prone.	N/A

DCP 2013: Part B- General Provisions- B4: Transport, Traffic Management, Access and Car Parking

DCP Objective

Development Provisions

Proposed

Complies

Road Hierarchy

Vehicle driveway crossings are minimal in number and width (while being adequate for the nature of the development), and positioned:

− to avoid driveways near intersections and road bends, and

− to minimise streetscapes dominated by driveways and garage doors, and

− to maximise on-street parking.

Maximum driveway width satisfactory at 5.5m width. .

Yes

Parking Provision

a) Off-street Parking is provided in accordance with Table 3.

1 parking space per each 1 or 2-bedroom unit + 1 visitor’s space per 4 units.

1.5 spaces per each 3 or 4-bedroom unit + 1 visitor’s space per 4 units.

Proposal is for 2x 3-bedroom units and 1x 4-bedroom unit.

Required:

The parking requirements are:

Unit Type	Spaces Req.
2 x 3bd	3
1 x 4bd	1.5
Visitor (2x 0.25)	0.5

Total required: 5 spaces.

Proposed:

Unit 1 = 2x spaces with attached double garage.

Unit 2 = 1x space with attached single garage.

Unit 3 = 2x spaces with attached double garage.

Visitor = 1x space.

Total provided = 5x within dwellings plus 1x visitor plus 1x stacked space in front of Unit 1 garage. The proposal exceeds the minimum requirements.

Yes

Parking Layout

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.

Dwelling parking spaces are contained within attached garages.

Visitor parking is contained onsite between Units 2 and 3, and stacked arrangement in front of Unit 1 and not overtly visible from the road.

Yes

d) Parking design and layout is provided in accordance with AS/NZS 2890.1 - Parking facilities - Off-street car parking.

Complies

Yes

a) All parking and manoeuvring spaces must be designed to avoid concentrations of water runoff on the surface.

Complies

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.

The proposed development will drain to an OSD system before being discharged to the street. Details of the stormwater system are to be provided to Council for review prior to the issue of the construction certificate.

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.	Unit 1 patio within front articulation zone up to max 3m front setback.	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	Primary frontage to Unit 1 from Matthew Flinders Drive is 5.02m.	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 setback to Unit 1 from Matthew Flinders Drive is 5.9m and 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.	Unit 1: 5m double garage or 33% total width fronting the street.	Yes
	c) Driveway crossovers are no greater than 5.0m in width.	5.5m max driveway crossover to Matthew Flinders Drive.	No, minor variation of 0.5m considered acceptable for the site and streetscape.
	d) Where a dual occupancy or attached dwelling is proposed on a corner lot a garage and driveway is provided on each road frontage.	N/A	N/A
Side and Rear Setbacks
46	a) A minimum rear boundary setback of 4m is to be provided to dwellings (including verandahs, patios and decks).	Minimum 1.124m rear setback See clause 46(c) below which permits transfer of rear setback under certain conditions.	No, see comments below.
	b) A minimum rear boundary setback of 900mm applies to sheds and swimming pools subject to achieving minimum required private open space area.	N/A	N.A
	c) Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback. In that instance, one side setback should be a minimum 4m in width (for an equivalent length of rear boundary, behind building line) and the rear setback may be reduced to 900mm.	The plans have been amended during assessment to address compliance with the DCP. Unit 3, the rear-most unit, has a ground floor rear setback that varies from min 1.12m to 1.39m for a max length of 10.9m. The side setback for Unit 3 to the south-eastern boundary varies from 3.2m to 6.5m. The setback to the north-western boundary is a minimum 4.01m for the entire building length of 15m. This facilitates a private open space and al-fresco area with better solar access that could alternatively be achieved. It also creates additional space between Unit 3 and the adjoining neighbours. In this instance, the proposal exceeds the minimum requirements of clause 46(c).	Yes
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	Ground floors minimum side setbacks: Unit 1: 1.614m to north-western boundary; 4.3m to south-eastern boundary. Unit 2: 1.614m to north- western boundary; 6.4m to south-eastern boundary. Unit 3: 2.664m to north-western boundary. 2.8m to south-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.	Second storey minimum side setbacks: Unit 1: 7.4m to north- western boundary; 4.3m to south-eastern boundary. Unit 2: 1.764m to north-western boundary; 6.6m to south-eastern boundary. Unit 3: 4.01 to north-western boundary. 5.033m to south-eastern boundary. Due to the orientation of the lot and the design of the proposal, shadow diagrams have been updated during assessment which have demonstrate 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.	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.	Max unarticulated wall length 8.3m along north-western boundary wall for Units 1 and 2, and max 10m along the north-eastern boundary wall.	Yes
Private Open Space
48.	a) All dwellings should have a minimum area of private open space of 35m2, which includes a principal private open space area with: − a minimum dimension of 4m x 4m, and − a maximum grade of 5% for minimum 4m x 4m of the total open space requirement, and − direct accessibility from a ground floor living area and orientated to maximise use.	Unit 1: 35m2 private open space with min 4x4m dimension incorporating al-fresco and courtyard accessible off the lower floor living/dining area. Unit 2: 39m2 private open space with min 4x4m dimension incorporating al-fresco, accessible of the lower floor dining area. Unit 3: 55m2 private open space available within 4x4m area excluding al-fresco and side courtyards accessible of the lower floor dining area.	Yes
	b) Private open space may include clothes drying areas and garbage storage.	Noted	Yes
Public Domain and Fencing
49	a) Front fences built forward of the building line for the primary road frontage should be detailed on the development application plans.	Front courtyard fence for Unit 1 detailed on the plans.	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.	See 49(b) below	-
	c) 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 proposed for Unit 1 courtyard fronting Mathew Flinders Drive. The site as a whole slopes from north-west down to south-east from approx. 20m to 18.5. The fence is max 1.5m high on the south-eastern boundary, extending to max 2.2m high to the west as the slope falls away (in combination with a retaining wall at the front). The fence includes recessed landscaping, min 25% transparency, and max front boundary length is 5.9m or 29% of the total site boundary.	No, but considered acceptable.
	d) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);	Complies and indicated on plans.	Yes
	e) provide a 3m x 3m splay for corner sites, and	N/A	N/A
	f) provide a 900mm x 900mm splay for vehicle driveway entrances.	900mm x 900mm landscaped
Bulk and Scale
51	a) Direct views between indoor living rooms and principal private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots, including possible dwellings on future lots, should be obscured or screened where: − Ground and first floor (and above) indoor living room windows are within a 9m radius. − Direct views between principal private open space areas where within a 12m radius. − Direct views between indoor living rooms of dwellings into the principal area of private open space of other dwellings within a 12m radius.	Direct views between indoor living rooms and principal private open space of adjacent dwellings are sufficiently obscured in regards to: − Ground and first floor indoor living room windows within a 9m radius of existing dwellings. − Direct views between principal private open space areas within a 12m radius. − Direct views between indoor living rooms of dwellings into the principal area of private open space of other dwellings within a 12m radius. The proposal has been revised during assessment to increase setbacks in some cases and/or provide for privacy screening.	Yes
	b) A balcony, deck, patio, pergola, terrace or verandah should have a privacy screen where there are direct views of: − Indoor living room windows of adjacent dwellings, including proposed dwellings approved on adjoining lots within 9m radius; or − Principal areas of private open space of adjacent dwellings, including proposed dwellings approved on adjoining lots within a 12m radius.	Direct views from al-fresco/patio areas will be obscured by boundary fencing.	Yes
	c) Privacy protection is not required for: − Any Indoor living room windows with a sill height of greater than 1.5m above the finished floor level of that room or where fixed non-openable translucent glass is installed to the same height.	Living room windows all have minimum 1.5m sill heights from the ground floor level and/or incorporate highline or privacy screening.	Yes
	d) Direct views described above may be reduced or obscured by one of the following measures (details to be submitted with the development application): − 1.8m high fence or wall between ground-floor level windows or between a dwelling and principal private open space − Screening of minimum 1.7m height, that has 25% openings (max), with no individual opening more than 30mm wide, is permanently fixed and is made of durable materials. − A window, the whole of which has translucent glass and is not able to be opened.	No additional privacy screening is proposed or required in addition to what is detailed on the plans.	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.	A rainwater tank is proposed for each dwelling which has been suitably located behind the main building line for each dwelling.	Yes

The proposal seeks to vary Development Provision relating to DCP clause 4 relating to site cut and fill. The proposed development would include 1.2 metres of cut at a distance of 1m between Units 2 and 3.

The relevant objectives are:

· To ensure that design of any building or structure integrates with the topography of the land to:

o Minimise the extent of site disturbance caused by excessive cut and fill to the site.

o Ensure there is no damage or instability to adjoining properties caused by excavation or filling.

o Ensure that there is no adverse alteration to the drainage of adjoining properties.

o Ensure the privacy of adjoining dwellings and private open space are protected.

o Ensure that adequate stormwater drainage is provided around the perimeter of buildings and that overflow paths are provided.

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

· Owing to the site topography, the proposed level of cut is required to provide a level visitor car parking space between Units 2 and 3.

· The proposed cut would be located away from the lot boundary and would be supported by a masonry retaining wall constructed to engineers’ details.

· The proposed area of cut is considered minimal and does not represent excessive cut or site disturbance, being only between two proposed dwelling and for the size of a car parking space and bin storage area.

The proposal seeks to vary Development Provision relating to DCP clause 5(b) relating to combination fence and retaining walls. The proposed development would include maximum 2.3m high fence within the front articulation zone. This is not consistent with the DCP provision to provide a maximum of 1.8m high fence and retaining wall combination.

The relevant objectives are:

· To ensure retaining walls are functional, safe and positively contribute to the development and/or the streetscape.

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

· Unit 1 incorporates a fenced courtyard fronting Matthew Flinders Drive.

· The fence steps down along the western boundary and maintains a level height along the Mathew Flinders Drive frontage.

· Owing to the site topography, this height varies from is min 1.5m high on the eastern boundary extending to max 2.2m high to the west as the slope falls away.

· This variation is considered acceptable given the minor nature of the exceedance, the fact that the majority of the fence sits within the prescribed highly limit, the fence provides for 25% transparency and incorporates landscaping.

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

(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 site has a mostly south-westerly aspect to Matthew Flinders Drive. The site is a vacant block within an established urban locality. Adjoining the site to all sides is further R1 residential. The locality is a mix of single- and two-storey dwellings, multi-dwellings and tourist accommodation.

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 existing view sharing.

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

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.

Site visits confirmed that the sight distance looking north (towards Ocean Drive) at the intersection of The Fairway and Matthew Flinders Drive complies with Ausroads requirements for Safe Intersection Sight Distance, which is required to be 90m. It is acknowledged that the sight distance at the intersection does get affected, as confirmed by the submissions, by parked vehicles (kerbside) on occasion. This is an existing issue with a history of complaints and the construction of three units 50 meters to the north of the intersection is not considered to be the cause of, or substantially exacerbate, this problem.

The issue of parked vehicles obscuring sight distance is a matter that should be addressed through PMHC’s traffic team.

Site Frontage and Access

Vehicle access to the site is proposed though an individual driveway with direct frontage to Matthew Flinders Drive, being a Council-owned public road. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Due to the type and size of development, additional works are required to include concrete footpath paving (minimum 1.5m wide) along the full frontage of the development.

Parking and Manoeuvring

A total of 5 parking spaces have been provided on-site within garages and 1 visitor park. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been recommended to reflect these requirements.

Due to the type of development, car park circulation is required to enable vehicles to enter and exit the site in a forward direction. Site plans show adequate area is available and conditions have been imposed to reflect these requirements.

Water Supply Connection

Council records indicate there is currently no existing water service to the site. There is a 100mm AC water main servicing the locality on the same side of Mathew Flinders Drive.

A new metered water service will be required for each dwelling.

Final water service sizing will need to be determined by a hydraulic consultant to suit the development as well as addressing fire service coverage to AS 2419 and backflow protection.

Detailed plans will be required to be submitted for assessment with the Section 68 application.

Appropriate conditions are recommended in this regard.

Sewer Connection

Council records indicate that the development site has an existing 20mm sealed water service from the water main on the same side of Matthew Flinders Drive. Each proposed unit will need to be separately metered for water, meters may be either located at the road frontage or internally with a master meter at the boundary. Details are to be shown on the engineering plans. All work will need to comply with the requirements of Council’s adopted AUSPEC Design and Construction Guidelines and Policies.

Appropriate conditions are recommended in this regard.

Stormwater

The site naturally grades towards the east and is currently un-serviced.

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.

Stormwater from the proposed development is planned to be disposed via direct connection to Council’s kerb and gutter, which is consistent/inconsistent with the above requirements.

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.

In accordance with Councils AUSPEC requirements, the following must be incorporated into the stormwater drainage plan:

· On site stormwater detention facilities

Appropriate conditions are recommended in this regard.

Other Utilities

Telecommunication and electricity services are available to the site. Evidence of satisfactory arrangements with the relevant utility authorities for provision to each proposed lot will be required prior to Strata Certificate approval.

Heritage

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

Other land resources

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

Water cycle

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

Soils

Air and microclimate

Flora and fauna

Waste

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

Energy

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

Noise and vibration

Bushfire

The site is identified as being bushfire prone.

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

Safety, security and crime prevention

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. It has been identified that the amendments made to the proposal during assessment will require the strata subdivision to be updated. An appropriate condition is recommended.

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

17 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
Increased noise impacts on neighbours.	The proposal is for residential use and the development does not include any commercial of industrial activities anticipated to generate significant noise. Noise from the proposed multi-dwelling housing would be restricted to the expected typical activities of the residents and guests, and vehicles entering and exiting the site (as is the case for neighbouring residential uses). The proposal for multi-dwelling housing is permissible in the zone.
The density and scale are out of character for the neighbourhood.	The proposal is permissible and consistent with the locality. The locality is characterised by a variety of dwelling types. Two doors to the south-east is a two-storey multi-dwelling development situated on a smaller block. Diagonally across the street is two-storey multi-townhouse development. Many of the single dwellings, including many of the adjoining, are two-storeys. The locality is zoned R1 General Residential, has a floor space ratio of 1:1, has an 11.5m height limit, and a minimum lot size of 450m². The proposal currently subceeds what is permissible on site. The proposal is not at significant odds with the desired streetscape, noting the street presentation of Unit 1 addressing Matthew Flinders Drive in particular.
Traffic safety along Matthew Flinders Drive, including potential for extra cars parking on the street.	The proposal has been reviewed by Council’s Development Engineers. Traffic and Transport has been detailed elsewhere in this report but in particular notes that the proposal will not have any significant adverse impacts in terms of access, transport and traffic. The Matthew Flinders Drive/The Fairway intersection has been carefully reviewed and determined that the proposal is not considered to adversely impact on the function of the intersection. With regard to the parking provision, refer to comments above in this report on Provision 24 of the DCP 2013 assessment table. Each unit is provided with compliant parking and there are also two (2) compliant visitor parking spaces. Additionally, in terms of street parking, it is not owned/reserved by the property it is located in front of. The relevant road authority/Council owns the road reserve and can often make changes depending on the needs of the overall road network (i.e. remove parking to accommodate a second lane of traffic). Likewise, anyone can park on the street (provided they comply with road rules). As a result, street parking should not be relied upon as the sole parking space or visitor parking space for a property/neighbouring property. The key is to provide compliant parking onsite. In this case, the applicant has provided compliant parking onsite.
The proposal contravenes the 88b of DP807508, namely: · Item 5, point 7: No more than one (1) main building shall be erected on any lot burdened be this restriction. NOTE: it should be noted that this restriction is incorrectly numbered in the 88b document as Item 5, instead of the correct Item 6 or sixthly.	The matters set out sixthly in the document 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 sixthly in the document, 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.
Privacy concerns Significant and unreasonable loss of privacy with multiple windows in the development having unobstructed views into backyards, rear deck, rear bedrooms and swimming pool areas.	The proposal has been modified during assessment, with Unit 3 in particular being significantly modified to better improve setback and privacy. The development incorporates compliant setbacks or minor variations and locates key living areas on the ground floor. A 1.8m high fence is then used to screen the living areas from neighbouring properties. Ground floor windows that exceed 1.8m owing to the site topography are either highline or incorporate privacy screening. Up-stairs windows are predominantly low use spaces such as bedrooms or stairs. Based on the above, the development is compliant with privacy requirements.
Concerns the developer will be leasing these premises after completion.	This is not a matter for consideration with the planning assessment. Ultimately, renting is a fundamental part of the property life-cycle. The proposal (and by extension renting) is permissible in the zoning as it provides for the housing needs of the community and provides for a variety of housing types and densities.
Additional bins on a small street frontage.	There is ample room on the street for a typical garbage collection arrangement that can be managed as part of the strata.
The front fence has non-compliant height and reduced setback which will reduce views from the front.	The front fence has been revised as part of the assessment process.

(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.

· 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.

Refer to the contributions estimate at the end of this report (Attachment 3).

5. CONCLUSION AND STATEMENT OF REASON

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

Attachments

1 ⇩. Attachment 1 - Recommended Conditions

2 ⇩. Attachment 2 - Plans

3 ⇩. Attachment 3 - Contributions Estimate

Member	18/01/23	15/02/23	01/03/23	15/03/23	05/04/23	19/04/23
David Crofts (Independent Chair)	P	P	P		P	P
Chris Gee (Independent Member)	P	P	P	P	P	P
Michael Mason (Independent Member)			P	P	P	P
Dan Croft (Group Manager Development Services)		P	P	P	P	P
Tony McNamara (Independent Member)		P		P
Other attendees
Mayor Peta Pinson				P	P
Grant Burge (Development Engineering Coordinator)	P		P	P	P	P
Kerrod Franklin (Acting Development Engineering Coordinator)
Patrick Galbraith-Robertson (Development Planning Coordinator)	P		P
Steven Ford (Development Assessment Planner)	P			P	P	P
Chris Gardiner (Development Assessment Planner)					P
Vanessa Penfold (Development Assessment Planner)				P
Clinton Tink (Development Assessment Planner)					P	P
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)

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1.0 OBJECTIVES

2.0 KEY FUNCTIONS

Delegated Authority of Panel

3.0 MEMBERSHIP

3.1 Voting Members

3.2 Obligations of members

3.3 Member Tenure

3.4 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

8.0 LOBBYING

9.0 CONDUCT AT MEETINGS

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

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

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

4.4 For the purposes of clause 4.3:

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

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

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

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

Managing non-pecuniary conflicts of interest

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

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

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

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

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