DEVELOPMENT ASSESSMENT PANEL SUB COMMITTEE CHARTER
Adopted: Ordinary
Council 2022 09 15
1.0 OBJECTIVES
To assist in managing
Council's development assessment function by providing independent, transparent and expert determinations of development applications that fall outside
of staff delegations.
2.0 KEY FUNCTIONS
·
To review development application reports and conditions. The focus of the Panel’s review is to be on those issues raised in submissions received following exhibition of development applications;
·
To determine
development applications
where there are 3 or more unique
submissions or where an
application is outside of staff delegations;
·
To refer development applications to Council for determination where
necessary;
·
To provide a forum for objectors
and applicants to make submissions on applications before the
Development Assessment Panel(DAP);
·
To maintain transparency in the determination of development applications.
Delegated Authority of Panel
Pursuant to Section 377 of the Local Government Act, 1993 delegation to:
·
Determine (approve
or refuse) development applications under Part 4 of the Environmental Planning and Assessment Act 1979 having regard to the relevant environmental planning instruments, development control plans and Council
policies.
·
Vary, modify or release
restrictions as to use and/or covenants created
by Section 88B instruments under the Conveyancing Act 1919 in relation to development applications being considered by the panel.
·
Determine Koala Plans of Management under State Environmental Planning Policy (Biodiversity and Conservation) 2021 associated with development applications being considered by the
Panel.
Noting the trigger to escalate decision
making to Council
as highlighted in section 5.2.
3.0
MEMBERSHIP
3.1
Voting Members
·
3 independent
external members will be selected for each scheduled DAP meeting from an
appointed pool of members. One of the independent external
members to be the
Chairperson. Independent members will be rostered onto meeting on a rotational
basis where possible.
·
Group Manager
Development Services (alternate - Director Community, Planning and Environment or Development Assessment Planning Coordinator).
The independent external
members shall have expertise in one or more of the following areas: planning,
architecture, heritage, the environment, urban
design, economics, traffic
and transport, law, engineering,
government and public administration.
3.2 Non-Voting Members Not applicable.
3.3
Obligations of members
·
Members must act faithfully and diligently and in accordance with this Charter.
·
Members must comply with Council's Code of Conduct.
·
Except as required to properly perform
their duties, DAP members must not disclose
any confidential information
(as advised by Council) obtained in connection with the DAP functions.
·
Members will have read and be familiar with the documents
and information provided
by Council prior to attending
a DAP meeting.
·
Members must act in accordance with Council's Workplace Health and Safety
Policies and Procedures
·
External members
of the Panel are not authorised to speak to the media on behalf of Council. Council officers that are members
of the Committee are bound by the
existing operational delegations in relation to speaking to media.
3.4
Member Tenure
The independent external
members will be appointed for the term of 4 years or until such time as an
expression of interest process to source panel members is completed for the proceeding 4 year term.
3.5
Appointment of members
·
A pool of independent external
members (including the Chair) shall be appointed by the Chief Executive Officer
following an external
Expression of Interest
process. Previous Panel members are eligible to be reappointed on the
Panel following this expression of interest process.
·
Independent members will be rostered on to Panel meetings on a rotational basis where possible
to suit Panel member availability and Panel operational needs.
·
Staff members on the Panel shall be appointed
by the Chief Executive Officer.
4.0 TIMETABLE OF MEETINGS
·
The Development Assessment Panel will generally meet on the 1st and 3rd Wednesday each month at 2.00pm
at the Port Macquarie offices of Council.
Meetings may be conducted on-line or a combination of in person and on-line.
·
Special Meetings
of the Panel may be convened by the Director
Community, Planning and Environment Services with 3 days
notice.
5.0
MEETING PRACTICES
5.1
Meeting Format
·
At all Meetings of the Panel the Chairperson shall occupy the Chair and preside. The Chair will be
responsible for keeping order at meetings.
·
Meetings shall be open to the public.
·
The Panel will hear from an applicant and objectors or their representatives. Speakers are required to register to speak by close of
business on the day prior to the Panel meeting.
·
The Panel shall have the discretion to ask the applicant and objectors questions
relating to the proposal and their submission. There
is no ‘right of reply’ for an objector or applicant.
·
Where there are a
large number of persons making submissions with common interests, the Panel
shall have the discretion to hear a representative of those persons
rather than multiple
persons with the same
interest.
·
Council assessment staff will be available
at Panel meetings
to provide technical
assessment advice and
assistance to the Panel.
·
Where considered necessary, the Panel will conduct site inspections prior to the meeting.
5.2
Decision Making
·
Decisions are to be made by consensus. Where consensus is not possible
on any item, that item is
to be referred to Council for a decision.
·
All development applications involving a proposed variation to a development standard greater than 10% under Clause 4.6 of the Local
Environmental Plan will be
considered by the Panel and recommendation made to the Council for a decision.
5.3
Quorum
3 members
must be present
at a meeting to form a quorum.
5.4 Chairperson and Deputy Chairperson Independent Chair (alternate - independent member).
5.5
Secretariat
·
The Director
Community, Planning and Environment is to be responsible for ensuring that the
Panel has adequate secretariat support. The secretariat will ensure that the
business paper and supporting papers
are circulated at least
3 days prior to each meeting. Minutes
shall be appropriately approved and circulated to
each member within 3 weeks of a meeting being held.
·
The format
of and the preparation and publishing of the Business
Paper and Minutes
shall be similar to the format for Ordinary Council
Meetings.
5.6
Recording of decisions
Minutes will be limited
to the recording of decisions
of the DAP and how each member
votes for each item
before the Panel. Meetings may be recorded via an on-line platform where
practical.
6.0 CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS
Not applicable.
7.0 CONFIDENTIALITY AND CONFLICT OF INTEREST
·
Members of the
Panel must comply with Council’s Code of Conduct. It is the personal
responsibility of members to comply with the standards in the Code of Conduct
and regularly review their
personal circumstances with this in mind.
·
Panel members
must declare any conflict of interest at the start of each meeting or before
discussion of a relevant item or topic. Details of any conflicts of interest
are to be appropriately minuted. Where members are deemed to have a real or
perceived conflict of interest, it may be appropriate they be excused
from deliberations on the issue where the conflict of interest may exist.
A Panel meeting may be postponed where there is no quorum.
8.0 LOBBYING
All members and applicants are to adhere
to Council’s Lobbying
policy. Outside of scheduled Development Assessment Panel meetings,
applicants, their representatives, Councillors, Council staff and the general
public are not to lobby Panel members via meetings, telephone conversations,
correspondence and the like. Adequate opportunity will be provided at Panel
inspections or meetings for applicants, their representatives and the general
public to make verbal submissions in relation to Business Paper items.
9.0 CONDUCT AT MEETINGS
All parties in attendance at
a DAP meeting shall conduct themselves respectfully i.e. not disrupt the
conduct of the meeting, interject, act courteously and with compassion and
empathy and sensitivity and will not insult,
denigrate or make defamatory or personal reflections on or impute improper motives
to the DAP, Council staff or
other members of the public.
Development Assessment Panel
05/02/2025
Subject: DISCLOSURES
OF INTEREST
RECOMMENDATION
That Disclosures of Interest be presented
DISCLOSURE OF
INTEREST DECLARATION
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Name of Meeting:
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Meeting
Date:
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Item
Number:
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Subject:
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I,
the undersigned, hereby declare the following interest:
Pecuniary:
 Take no part
in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary
– Significant Interest:
Take no part
in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary
– Less than Significant Interest:
May
participate in consideration and voting.
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For
the reason that:
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Name:
Signed:
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Date:
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Please submit to the
Governance Support Officer at the Council Meeting.
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(Refer
to next page and the Code of Conduct)
Pecuniary Interest
4.1
A pecuniary interest is an interest
that you have in a matter because of a reasonable likelihood or expectation of
appreciable financial gain or loss to you or a person referred to in clause
4.3.
4.2
You will not have a pecuniary
interest in a matter if the interest is so remote or insignificant that it
could not reasonably be regarded as likely to influence any decision you might
make in relation to the matter, or if the interest is of a kind specified in
clause 4.6.
4.3
For the purposes of this Part, you
will have a pecuniary interest in a matter if the pecuniary interest is:
(a)
your interest, or
(b)
the interest of your spouse or de
facto partner, your relative, or your partner or employer, or
(c)
a company or other body of which
you, or your nominee, partner or employer, is a shareholder or member.
4.4
For the purposes of clause 4.3:
(a)
Your “relative” is any
of the following:
(b)
“de facto partner” has
the same meaning as defined in section 21C of the Interpretation Act 1987.
4.5
You will not have a pecuniary
interest in relation to a person referred to in subclauses 4.3(b) or (c)
(a)
if you are unaware of the relevant
pecuniary interest of your spouse, de facto partner, relative, partner,
employer or company or other body, or
(b)
just because the person is a member
of, or is employed by, a council or a statutory body, or is employed by the
Crown, or
(c)
just because the person is a member
of, or a delegate of a council to, a company or other body that has a pecuniary
interest in the matter, so long as the person has no beneficial interest in any
shares of the company or body.
Non-Pecuniary
5.1
Non-pecuniary interests are private
or personal interests a council official has that do not amount to a pecuniary
interest as defined in clause 4.1 of this code. These commonly arise out of
family or personal relationships, or out of involvement in sporting, social,
religious or other cultural groups and associations, and may include an
interest of a financial nature.
5.2
A non-pecuniary conflict of
interest exists where a reasonable and informed person would perceive that you
could be influenced by a private interest when carrying out your official
functions in relation to a matter.
5.3
The personal or political views of
a council official do not constitute a private interest for the purposes of
clause 5.2.
5.4
Non-pecuniary conflicts of interest
must be identified and appropriately managed to uphold community confidence in
the probity of council decision-making. The onus is on you to identify any
non-pecuniary conflict of interest you may have in matters that you deal with,
to disclose the interest fully and in writing, and to take appropriate action
to manage the conflict in accordance with this code.
5.5
When considering whether or not you
have a non-pecuniary conflict of interest in a matter you are dealing with, it
is always important to think about how others would view your situation.
Managing
non-pecuniary conflicts of interest
5.6
Where you have a non-pecuniary
conflict of interest in a matter for the purposes of clause 5.2, you must
disclose the relevant private interest you have in relation to the matter fully
and in writing as soon as practicable after becoming aware of the non-pecuniary
conflict of interest and on each occasion on which the non-pecuniary conflict
of interest arises in relation to the matter. In the case of members of council
staff other than the Chief Executive Officer, such a disclosure is to be made
to the staff member’s manager. In the case of the Chief Executive Officer,
such a disclosure is to be made to the mayor.
5.7
If a disclosure is made at a
council or committee meeting, both the disclosure and the nature of the
interest must be recorded in the minutes on each occasion on which the
non-pecuniary conflict of interest arises. This disclosure constitutes
disclosure in writing for the purposes of clause 5.6.
5.8
How you manage a non-pecuniary
conflict of interest will depend on whether or not it is significant.
5.9
As a general rule, a non-pecuniary
conflict of interest will be significant where it does not involve a pecuniary
interest for the purposes of clause 4.1, but it involves:
a) a relationship between a council official and another
person who is affected by a decision or a matter under consideration that is
particularly close, such as a current or former spouse or de facto partner, a
relative for the purposes of clause 4.4 or another person from the council
official’s extended family that the council official has a close personal
relationship with, or another person living in the same household
b)
other relationships with persons
who are affected by a decision or a matter under consideration that are
particularly close, such as friendships and business relationships. Closeness
is defined by the nature of the friendship or business relationship, the
frequency of contact and the duration of the friendship or relationship.
c)
an affiliation between the council
official and an organisation (such as a sporting body, club, religious,
cultural or charitable organisation, corporation or association) that is
affected by a decision or a matter under consideration that is particularly
strong. The strength of a council official’s affiliation with an
organisation is to be determined by the extent to which they actively
participate in the management, administration or other activities of the
organisation.
d)
membership, as the council’s
representative, of the board or management committee of an organisation that is
affected by a decision or a matter under consideration, in circumstances where
the interests of the council and the organisation are potentially in conflict
in relation to the particular matter
e)
a financial interest (other than an
interest of a type referred to in clause 4.6) that is not a pecuniary interest
for the purposes of clause 4.1
f)
the conferral or loss of a personal
benefit other than one conferred or lost as a member of the community or a
broader class of people affected by a decision.
5.10
Significant non-pecuniary conflicts
of interest must be managed in one of two ways:
a)
by not participating in
consideration of, or decision making in relation to, the matter in which you
have the significant non-pecuniary conflict of interest and the matter being
allocated to another person for consideration or determination, or
b)
if the significant non-pecuniary
conflict of interest arises in relation to a matter under consideration at a
council or committee meeting, by managing the conflict of interest as if you
had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.
5.11
If you determine that you have a
non-pecuniary conflict of interest in a matter that is not significant and does
not require further action, when disclosing the interest you must also explain
in writing why you consider that the non-pecuniary conflict of interest is not
significant and does not require further action in the circumstances.
5.12
If you are a member of staff of
council other than the Chief Executive Officer, the decision on which option
should be taken to manage a non-pecuniary conflict of interest must be made in
consultation with and at the direction of your manager. In the case of the Chief
Executive Officer, the decision on which option should be taken to manage a
non-pecuniary conflict of interest must be made in consultation with and at the
direction of the mayor.
5.13
Despite clause 5.10(b), a
councillor who has a significant non-pecuniary conflict of interest in a
matter, may participate in a decision to delegate consideration of the matter
in question to another body or person.
5.14
Council committee members are not
required to declare and manage a non-pecuniary conflict of interest in
accordance with the requirements of this Part where it arises from an interest
they have as a person chosen to represent the community, or as a member of a
non-profit organisation or other community or special interest group, if they
have been appointed to represent the organisation or group on the council
committee.
SPECIAL
DISCLOSURE OF PECUNIARY INTEREST DECLARATION
This
form must be completed using block letters or typed.
If
there is insufficient space for all the information you are required to
disclose,
you
must attach an appendix which is to be properly identified and signed by you.
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By
[insert full name of councillor]
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In the
matter of
[insert name of environmental planning instrument]
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Which is
to be considered at a meeting of the
[insert name of meeting]
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Held on
[insert date of meeting]
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PECUNIARY INTEREST
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Address of
the affected principal place of residence of the councillor or an associated
person, company or body (the identified land)
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Relationship
of identified land to councillor
[Tick or cross one box.]
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The councillor has interest in the land (e.g. is owner or has other
interest arising out of a mortgage, lease, trust, option or contract, or
otherwise).
An associated person of the councillor has an interest in the land.
An associated company or body of the councillor has interest in the land.
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MATTER GIVING RISE TO PECUNIARY INTEREST
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Nature of
land that is subject to a change
in
zone/planning control by proposed
LEP (the
subject land
[Tick or cross one box]
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The identified land.
Land that adjoins or is adjacent to or is in proximity to the identified
land.
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Current
zone/planning control
[Insert name of current planning instrument and
identify relevant zone/planning control applying to the subject land]
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Proposed
change of zone/planning control
[Insert name of proposed LEP and identify proposed
change of zone/planning control applying to the subject land]
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Effect of
proposed change of zone/planning control on councillor or associated person
[Tick or cross one box]
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Appreciable financial gain.
Appreciable financial loss.
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[If more than one pecuniary interest is to be
declared, reprint the above box and fill in for each additional interest]
Councillor’s Signature:
……………………………….
Date: ………………..
This form is to be retained
by the council’s Chief Executive Officer and included in full in the
minutes of the meeting
Last Updated: 3 June 2019
Important Information
This information is being collected for the purpose of
making a special disclosure of pecuniary interests under clause 4.36(c) of the
Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).
The special disclosure must relate only to a pecuniary
interest that a councillor has in the councillor’s principal place of
residence, or an interest another person (whose interests are relevant under
clause 4.3 of the Model Code of Conduct) has in that person’s principal
place of residence.
Clause 4.3 of the Model Code of Conduct states that you
will have a pecuniary interest in a matter because of the pecuniary interest of
your spouse or your de facto partner or your relative or because your business
partner or employer has a pecuniary interest. You will also have a pecuniary
interest in a matter because you, your nominee, your business partner or your
employer is a member of a company or other body that has a pecuniary interest
in the matter.
“Relative” is defined by clause 4.4 of the
Model Code of Conduct as meaning your, your spouse’s or your de facto
partner’s parent, grandparent, brother, sister, uncle, aunt, nephew,
niece, lineal descendant or adopted child and the spouse or de facto partner of
any of those persons.
You
must not make a special disclosure that you know or ought reasonably to know is
false or misleading in a material particular. Complaints about breaches
of these requirements are to be referred to the Office of Local Government and
may result in disciplinary action by the Chief Executive of the Office of Local
Government or the NSW Civil and Administrative Tribunal.
This form must be completed by you before the commencement
of the council or council committee meeting at which the special disclosure is
being made. The completed form must be tabled at the meeting. Everyone is
entitled to inspect it. The special disclosure must be recorded in the minutes
of the meeting.
A pecuniary interest may arise by way of a change of
permissible use of land adjoining, adjacent to or in proximity to land in which
a councillor or a person, company or body referred to in clause 4.3 of the
Model Code of Conduct has a proprietary interest
Development Assessment Panel
05/02/2025
Item: 05
Subject: DA2024 - 819.1 Construction of a primary
dwelling and secondary dwelling and change the use of the existing place of
public worship building to form part of the proposed primary dwelling floor
area at Lot 30 DP 710309, No. 30 Bain Street, Wauchope
Report
Author: Development Assessment Planner, Clint Tink
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Applicant: O
S Pisanu
Owner: O
S Pisanu
Estimated Cost: $806,973.00
Alignment with Delivery
Program
4.3.1 Undertake transparent and
efficient development assessment in accordance with relevant legislation.
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RECOMMENDATION
That
DA2024 - 819.1 for the construction of a primary dwelling and secondary
dwelling and change the use of the existing place of public worship building to
form part of the proposed primary dwelling floor area at Lot 30 DP 710309,
No. 30 Bain Street, Port Macquarie, be
determined by granting consent subject to the recommended conditions.
Executive Summary
This
report considers a development application for the construction of a
primary dwelling and secondary dwelling and change the use of the existing
place of public worship building to form part of the proposed primary dwelling
floor area at the subject site. The development
application also includes the demolition of the existing older
dwelling/component of the place of public worship onsite to make way for the
above works. The report steps through the assessment of the application in accordance
with the Environmental Planning and Assessment Act 1979.
Following
exhibition of the application, three (3) submissions
were received.
Overall, 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 / refused for
the following reasons. (Attachment 1).
The reason for the application
being referred to Council’s Development Assessment Panel (DAP) is on the
basis that 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 1,066m².
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:
· Demolition
of the old dwelling structure at the back of the existing place of worship
building.
· Erection
of a four (4) bedroom dwelling and one (1) bedroom secondary dwelling.
· Change
the use of the place of public worship building to be ancillary space
associated with the proposed primary dwelling.
Refer
to plans of the proposed development at the end of this report (Attachment 2).
Application Chronology
· 28/11/2024
- Application lodged with Council.
· 6/12/2024 to 8/1/2025 - Neighbour notification period.
· 9 & 10/12/2024 - Council staff requested additional
information.
· 12/12/2024 - Preliminary feedback received from
Council’s Heritage Advisor.
· 19/12/2024 - Applicant provided a response to the
additional information.
· 23/12/2024 - Council acknowledged the response and provided
an update to the applicant.
· 16/1/2025 - Site inspection request and update.
· 21/1/2025 - Site inspection.
· 21/1/2025 - Heritage Advisor finalised assessment.
It should be noted that there were a range of applications
on Council files acknowledging works to the older rear dwelling component and
also the erection of the front place of worship building. Whilst there was no
specific record of the actual rear dwelling being originally erected, historic
imagery illustrates the dwelling turning up some time after the 1950s and
before 26 May 1967 (ie predates Council’s planning
approvals/legislation). Overall, what exists onsite at present is considered
legal.
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 (Housing) 2021
Chapter 3 Diverse Housing
Part 1 - Secondary Dwellings
Clause 50 - The site is in a prescribed residential zone and
secondary dwellings are permissible with consent pursuant to the SEPP and Port
Macquarie-Hastings Local Environmental Plan 2011 (LEP).
Clause 51 - It is noted that the consent authority must not
consent to a development application that would result in any subdivision of a
lot on which development for the purposes of a secondary dwelling has been
carried out. In this case, no subdivision is proposed so the development
complies with such a clause.
Clause 52(2)(a) - As per the Clause, only a principal
dwelling and secondary dwelling will result from the development on the land.
Clause 52(2)(b) - The total floor area does not exceed the
maximum floor space ratio under the LEP. The proposal has a floor space ratio
of approximately 0.33:1, whilst the LEP allows up to 0.65:1.
Clause 52(2)(c) - The proposed secondary dwelling would not
have a floor area exceeding 60m2 or that allowed under the LEP (see
comments below under LEP).
Clause 53(2)(a) - It is noted that the site areas exceeds
450m² as per the non-discretionary development standard in the SEPP and
Council is not imposing a more onerous site area requirement. Therefore, the
Clause is complied with.
Clause 53(2)(b) - The number of parking spaces on the site
will be less than that provided on the land before the development is carried
out. This is due to the use onsite being downgraded from a place of public
worship (higher parking demand) to a dwelling and secondary dwelling (lesser
parking demand). In this case, the key is that the proposed parking (one space)
meets the parking required by relevant planning controls for the new uses. As
detailed later in this report, the proposed one (1) parking space achieves the
required parking. Furthermore, the object of this Clause is to identify
development standards for particular matters relating to development for the
purposes of a secondary dwelling that, if complied with, prevent the consent
authority from requiring more onerous standards for the matters. Therefore, the
intent of the Clause is not being triggered or challenged.
Based on the above, the requirements of this SEPP are
therefore satisfied.
As a side note, some of the
submissions questioned whether the development was proposed to be used as a
group home for people with a disability. It is noted that this SEPP currently
allows group homes as exempt and/or complying development in certain
circumstances. However, at this stage the application before Council does not
involve a group home, nor has the applicant applied for such a use. As Council
cannot assess or determine an application based on suspicion, this report will
focus on what has been applied for. Any future endeavour to use the premises as
a group home will be subject to an assessment against the relevant planning
controls in place at the time.
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.
The site is zoned R1 General Residential so the
SEPP requires consideration.
Clause 4.10 - Having considered the SEPP, the
application and on completion of a site inspection, Council is not prevented
from granting consent in this case for the following reasons:
1. The property is not subject to a KPOM.
2. The property is less than 1ha.
3. No significant vegetation removal proposed.
4. The site is not considered to be core koala habitat.
5. The
development does not create any activities, structures or uses that would
significantly conflict with koalas.
State Environmental Planning Policy (Resilience and
Hazards) 2021
Chapter 2 Coastal Management
The site is located within a coastal environment area.
Having regard to clause 2.10 of the
SEPP, the proposed development is not considered likely to result in any of the
following:
a) any
adverse impact on the integrity and resilience of the
biophysical, hydrological (surface and groundwater) and ecological environment;
b) any
adverse impact on the 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 impact on the cultural and built environment heritage;
f) any
adverse impacts on the use of the surf zone;
g) any adverse impact on the visual amenity and scenic qualities of the
coast, including coastal headlands;
h) overshadowing, wind funneling and the loss of views from public places
to foreshores; and
i) any
adverse impacts on existing public open space and safe access to
and along the foreshore, beach, headland or rock platform for members of the
public, including persons with a disability.
The bulk, scale and size of the proposed development is
compatible with the surrounding coastal and built environment. The site is
predominately cleared and located within an area zoned for residential
purposes.
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.
Standard conditions of consent will manage the removal of
any asbestos material that may be found in the older dwelling structure being
demolished.
State Environmental Planning Policy (Sustainable
Buildings) 2022
|
Provision
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Comment
|
|
Chapter 2 - Standards for residential development -
BASIX
|
|
2.1 Standards for BASIX
development and BASIX optional development
(1) Schedule 1 sets out the standards that apply to
BASIX development referred to in paragraphs (a) and (b) of the definition
of BASIX development in the Environmental Planning and Assessment Regulation 2021.
(2) Schedule 2 sets out the standards that apply
to—
(a) BASIX
development referred to in paragraph (c) or (d) of the definition of BASIX
development in the Environmental Planning and Assessment Regulation 2021,
and
(b) BASIX
optional development if the development application or the application for a
complying development certificate was accompanied by a BASIX certificate.
(3) The standard specified in Schedule 2, section 4
extends to a swimming pool or spa that has a capacity of less than 40,000L if
the swimming pool or spa is part of development referred to in paragraph (c)
of the definition of BASIX development in the Environmental Planning and Assessment Regulation 2021.
(4) A standard specified in Schedule 1 or 2 does not
apply to development involving a heritage item or in a heritage conservation
area to the extent that the Planning Secretary is satisfied that the
development is not capable of achieving a standard because of other
development controls that apply.
(5) Development consent must not be granted to
development to which the standards specified in Schedule 1 or 2 apply unless
the consent authority is satisfied the embodied emissions attributable to the
development have been quantified. (Baseline standards to be published by the
Department on the NSW Planning Portal before 1 October 2023).
|
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 - Referral to Essential Energy is required 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,
(c) installation
of a swimming pool any part of which is:
(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.
A referral to Essential Energy was carried out with no
objection received. Standard advice about electricity infrastructure etc was
provided, which was also forwarded to the applicant. SEPP considered to have
been addressed.
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. The development does
not contain any significant hazardous components and is well setback from the
Hastings River.
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. In accordance with
Clause 2.3(1) and the R1 zone landuse table, a dwelling and secondary dwelling
are permissible landuses 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 having regard to the following:
o The proposal is a permissible
landuse;
o The development will contribute to
the variety of housing types and
densities to meet the housing
needs of the community.
· Clause
2.7 - The demolition requires consent as it does not fit within the provisions
of SEPP (Exempt and Complying Development Codes) 2008.
· Clause
4.3 - The maximum overall height of the buildings above ground level (existing)
is approximately 6m, which complies with the standard height limit of 8.5m
applying to the site.
· Clause
4.4 - The floor space ratio of the proposal is approximately 0.33:1, which
complies with the maximum 0.65:1 floor space ratio applying to the site.
· Clause
5.4 - The secondary dwelling does not to exceed 60m² or 33% of the floor
area of the primary dwelling, whichever is the greater. In this case, the
60m² would be the greater and the secondary dwelling floor area equates to
55m².
· Clause
5.10 - The site does not contain or adjoin any known heritage items or sites of
significance. There is an existing older building (past dwelling use) to be
demolished as part of the application. The older dwelling contains some
interesting elements. However, the following aspects negate the building having
any significant heritage value:
- Historic
imagery suggests the building was relocated to the site around the 1950s.
- The
building contains a number of newer/add on type elements, which detract from
the original built form/reduce the heritage value of the building.
- Parts
of the building are in need of repair. The costs associated with bringing the
building back up to a habitable standard are likely to be cost prohibitive.
- There
are other examples of similar aged housing stock in Wauchope.
- The
building is located behind a newer place of public worship building. Therefore,
any heritage context with the lot or surrounding area has been significantly
compromised.
In addition to the above, Council
referred the application to Council’s Heritage Advisor for comment.
Noting some of the above aspects, no objection was raised to the demolition of
the dwelling.
· Clause
7.13 - Satisfactory arrangements are in place for provision of essential
services including water supply, electricity supply, sewer infrastructure,
stormwater drainage and suitable road access to service the development.
(ii) Any draft
instruments that apply to the site or are on exhibition
No relevant 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
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Development Provisions
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Proposed
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Complies
|
|
3
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a) Development must comply
with Council’s Developments, Public Place & Events - Waste Minimisation
and Management Policy.
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Satisfactory arrangements
can be put in place for storage and collection of waste.
Standard condition
recommended for construction waste management.
|
Yes
|
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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).
|
There is no significant cut
or fill proposed. In particular, a minor 600mm cut is proposed in the
southwest corner, which will create no adverse impacts. The cut will actually
help manage privacy to the neighbours in that corner.
|
Yes
|
|
5
|
a) A certified practicing
structural engineer must certify any retaining wall greater than 1.0m.
|
There are no retaining
walls greater than 1m and to be reinforced by conditions.
|
Yes
|
|
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.
|
The retaining wall fence
combinations are acceptable, do not create any significant adverse impact and
meet the objectives of the DCP. In particular, there is no retaining wall
fence combination where the site has been filled/retained along the southern boundary,
which would lead to adverse overshadowing.
|
Yes
|
|
Environmental Management
Areas, Buffers and Tree Management
|
|
7-14
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Environmental management,
buffer and tree management
provisions.
|
The site does not adjoin any
environmental
management areas or
Endangered Ecological
Communities (EECs).
No buffer requirements
triggered.
No significant tree
removal proposed.
Based on the above, the
proposal is consistent
with the relevant
provisions/objectives of
the DCP.
|
Yes
|
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DCP 2013: Part B- General
Provisions- B4: Transport, Traffic Management, Access and Car Parking
|
|
DCP Objective
|
Development Provisions
|
Proposed
|
Complies
|
|
Parking Provision
|
|
24
|
a) Off-street Parking is
provided in accordance with Table 3:
- 1 parking space per each
dwelling for dwelling-house (Note; Council does not require parking for
secondary dwellings).
|
A compliant parking space
has been provided within a garage onsite with an appropriate turning circle
to allow vehicles to enter and exit in a forward direction. The long driveway
would also allow for stacked parking if required.
|
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 proposed development will be unlikely to create any
adverse concealment/entrapment areas or crime spots that would result in any
identifiable loss of safety or reduction of security in the immediate area.
The development will also provide a level of natural surveillance within the
locality.
Lighting and CCTV can be installed retrospectively by the
owner, should they wish to have further security in the future.
|
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.
|
Articulation provisions not utilised.
|
N/A
|
|
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
|
The front setback is already established by the existing
place of public worship building, which will be retained as an ancillary
dwelling use. Nonetheless, the building is also noted as being setback a
compliant 6m.
|
Yes
|
|
45
|
a) A garage, carport or car parking space should:
− be at least 1m
behind the building line, where the dwelling(s) has a setback from a front
boundary of 4.5m or more, or
− be at least
5.5m from a front boundary, where the dwelling(s) has a setback of less than
4.5m.
|
The garage is setback over 5.5m and 1m behind the front
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.
|
The garage openings do not exceed 6m or 50% of the width
of the building.
|
Yes
|
|
c) Driveway crossovers are no greater than 5.0m in width.
|
Driveway crossover is existing and does not exceed 5m.
|
Yes
|
|
d) Where a dual occupancy or attached dwelling is proposed
on a corner lot a garage and driveway is provided on each road frontage.
|
Not a dual occupancy or corner lot.
|
N/A
|
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Side and Rear Setbacks
|
|
46
|
a) A minimum rear boundary setback of 4m is to be provided
to dwellings (including verandahs, patios and decks).
|
Whilst a 4m rear setback has not been provided to the rear
boundary, a minimum 4m setback has been provided for an equivalent length
between the place of public worship building (which will become an ancillary
residential space) and the dwelling/secondary dwelling buildings. This
setback will provide a better arrangement for the use of open space between
the dwelling, secondary dwelling and front place of public worship building
(which will become an ancillary residential space for the dwelling). The arrangement
meets the objectives of the DCP for the following reasons:
- The
development will not adversely overshadow neighbouring properties by virtue
of the proposed single storey design.
- The
design still allows adequate light and ventilation between buildings/private
open space.
- The
design provides a more useable open space by creating a shared/linked space
between the buildings onsite. Whilst the design creates a shared space, it
could also be fenced to still provide connections and individual spaces in
the future.
- Council
has previously accepted the 4m rear setback between buildings such as this
application, rather than on a side boundary.
|
No, but acceptable.
|
|
b) A minimum rear boundary setback of 900mm applies to
sheds and swimming pools subject to achieving minimum required private open
space area.
|
Provision not utilised.
|
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.
|
Provision not utilised.
Refer to comment on Clause 46(a) above, which provides a
similar outcome/approach, albeit central to the site.
|
N/A
|
|
47
|
a) Ground floors (being <1m above existing ground
level) should be setback a minimum of 900mm from side boundaries.
|
The proposed side setbacks are acceptable/comply and meets
the objectives of the DCP.
|
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.
|
No first floor proposed.
|
N/A
|
|
c) First floors and above should have building walls that
step in and out at least every 12m by a minimum of 500mm articulation. Where
first floors and above are setback >3m, wall articulation is not required.
|
No first floor proposed.
|
N/A
|
|
Private Open Space
|
|
48
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a) All dwellings should have a minimum area of private
open space of 35m2, which includes a principal private open space area
with:
− a minimum
dimension of 4m x 4m, and
− a maximum
grade of 5% for minimum 4m x 4m of the total open space requirement, and
− direct
accessibility from a ground floor living area and orientated to maximise use.
|
The development is provided with a 35m² open space,
including a 4m x 4m area directly accessible from a living area.
The site also contains sufficient area to allow the
dwelling and secondary dwelling to have their own 35m² open space,
including a 4m x 4m area directly accessible from a living area, should the
need arise in the future. Fencing could also be installed to reinforce
privacy.
|
Yes
|
|
|
b) Private open space may include clothes drying areas and
garbage storage.
|
The open space is capable of accommodating clothes drying
areas and garbage storage.
|
Yes
|
|
Public Domain and Fencing
|
|
49
|
Front fence provisions.
|
None proposed.
|
N/A
|
|
Bulk and Scale
|
|
51
|
a) Direct views between indoor living rooms and principal
private open space of adjacent dwellings, including proposed dwellings
approved on adjoining lots, including possible dwellings on future lots,
should be obscured or screened where:
− Ground
and first floor (and above) indoor living room windows are within a 9m
radius.
− Direct
views between principal private open space areas where within a 12m radius.
− Direct
views between indoor living rooms of dwellings into the principal area of
private open space of other dwellings within a 12m radius.
|
The development will not compromise privacy in the area
due to a combination of lack of windows on relevant boundaries, high
sill/obscure windows, limiting living areas that face adjoining living areas/open
space, compliant separation and use of fencing. Overall, the development is
acceptable and meets the objectives of the DCP.
|
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.
|
Refer to comments on 51(a) above.
|
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.
|
Refer to comments on 51(a) above.
|
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.
|
Refer to comments on 51(a) above.
|
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.
|
Clothes drying and tanks capable of being located in the
rear yard. Conditions will be used to reinforce this aspect.
|
Yes
|
Based on the above assessment, the development is considered
acceptable and the relevant objectives have been satisfied. Overall, the
development does not amount to an adverse impact of a significance that would
justify refusal of the application.
(iiia) Any planning agreement that has
been entered into under section 7.4, or any draft planning agreement that a
developer has offered to enter into under section 7.4
None relevant.
(iv) Any
matters prescribed by the Regulations
Demolition
of buildings AS 2601 - Clause 92
Demolition work on the site is capable of compliance with
this Australian Standard and is recommended to be conditioned.
Fire Safety
Fire Safety and other considerations – Clause 62
This clause applies to a development
application for a change of building use for an existing building where the
applicant does not seek the rebuilding, alteration, enlargement or extension of
a building. In determining the development application, the consent authority
is to take into consideration whether the fire protection and structural
capacity of the building will be appropriate to the building’s proposed
use. Consent to the change of building use sought by a development application
to which this clause applies must not be granted unless the consent authority
is satisfied that the building complies (or will, when completed, comply) with
the relevant fire safety provisions as are applicable to the building’s
proposed use.
Having considered the above and noting the
previous place of public worship use would have had a higher fire safety
requirement, the proposal to change the building to additional dwelling space
is considered acceptable on fire safety grounds. Smoke detectors would need to
be installed in any rooms to be used as bedrooms.
Consent authority may require buildings to be upgraded
– Clause 64
This clause applies to a development
application for development involving the rebuilding, alteration, enlargement
or extension of an existing building where:
(a) the
proposed building work, together with any other building work completed or
authorised within the previous 3 years, represents more than half the total
volume of the building, as it was before any such work was commenced, measured
over its roof and external walls, or
(b) the
measures contained in the building are inadequate:
(i) to protect persons using the building, and to facilitate
their egress from the building, in the event of fire, or
(ii) to
restrict the spread of fire from the building to other buildings nearby.
(c) (Repealed)
In determining a development application to
which this clause applies, a consent authority is to take into consideration
whether it would be appropriate to require the existing building to be brought
into total or partial conformity with the Building Code of Australia.
In this case, no building work is proposed in
the conversion of the place of public worship to ancillary dwelling use.
(b) The likely
impacts of that development, including environmental impacts on both the
natural and built environments, social and economic impacts in the locality
Context and Setting
The proposal will not have any significant adverse impacts
on existing adjoining properties and satisfactorily addresses the public
domain.
The proposal is considered to be compatible with other
residential development in the locality and adequately addresses planning
controls for the area.
The proposal does not have a significant adverse impact on
existing view sharing.
The proposal does not have significant adverse lighting
impacts.
There are no significant adverse privacy impacts.
There are no significant adverse overshadowing impacts. The
proposal does not prevent adjoining properties from receiving 3 hours of
sunlight to private open space and primary living areas on 21 June.
Access, Traffic and Transport
The proposal will not have any significant adverse impacts
in terms access, transport and traffic. The existing road network will
satisfactorily cater for any increase in traffic generation as a result of the
development.
Water Supply Connection
Service available – details required with Section 68
application.
An appropriate standard condition is recommended in this
regard.
Sewer Connection
Service available - details required with Section 68
application.
An appropriate standard condition is recommended in this
regard.
Stormwater
Service available in the street - details required with
Section 68 application. Given the scale of the existing place of public worship
hard stand car park area and the older house to be removed, there is no
significant increase in hard stand areas. The development will improve
stormwater runoff via better collection/dispersal.
An appropriate standard condition is recommended in this
regard.
Other Utilities
Telecommunication and electricity services are available to
the site.
Heritage
Refer to comments on heritage in the LEP section of this
report.
Other land resources
The site is within an established urban context and will not
sterilise any significant mineral or agricultural resource.
Water cycle
The proposed development will not have any significant
adverse impacts on water resources and the water cycle.
Soils
The proposed development will not have any adverse impacts
on soils in terms of quality, erosion, stability and/or productivity subject to
a standard condition requiring erosion and sediment controls to be in place
prior to and during construction.
Air and microclimate
The construction and/or operations of the proposed
development will not result in any significant adverse impacts on the existing
air quality or result in any pollution. Standard precautionary site management
condition recommended.
Flora and fauna
Construction of the proposed development will not require
any removal/clearing of any significant native vegetation, does not trigger the
clearing thresholds and is also not located within a mapped Biodiversity Values
area. The site is also heavily disturbed from past activities onsite and
unlikely to contain or impact on any threatened species.
Waste
Satisfactory arrangements are in place for proposed storage
and collection of waste and recyclables. No adverse impacts anticipated.
Standard precautionary site management condition recommended.
Energy
The proposal includes measures to address energy efficiency
and will be required to comply with the requirements of BASIX.
Noise and vibration
The construction of the proposed development will not result
in any significant adverse impacts on the existing air quality or result in any
pollution. Standard precautionary site management condition recommended.
Bushfire
The site is not identified as being bushfire prone.
Safety, security and crime prevention
The proposed development will be unlikely to create any
adverse concealment/entrapment areas or crime spots that would result in any
identifiable loss of safety or reduction of security in the immediate area. The
development will also provide a level of natural surveillance within the
locality.
Lighting and CCTV can be installed retrospectively by the
owner, should they wish to have further security in the future.
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. Whilst the opening of a place of public worship requires an assessment
on social impacts, the closure of a place of public worship does not.
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 on 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
Three (3) written submissions were received following public
exhibition of the application. Copies of the written submissions have been
provided separately to members of the DAP.
Key
issues raised in the submissions received and comments are provided as follows:
|
Submission
Issue/Summary
|
Planning
Comment/Response
|
|
Loss of Wauchope identity
(trees and older homes removed).
|
The application does not
propose any tree removal.
The removal of the rear older
house is addressed above in the LEP 2011 heritage comments. Overall, parts of
the house are in poor condition and not identifiable from the street (ie does
not add to the identity of the street/area).
|
|
The old house at the rear is the original farmhouse and
should be heritage listed.
|
Refer to comments above on heritage in the LEP 2011
section of this report.
|
|
The development is going to be used as a disability
centre, group home or the like. This will bring additional impacts such as
noise, loss of privacy, traffic, loss of safety, parking issues etc.
The application does not reflect the owner’s vision
or intended use of the site.
A solution to the potential loss of street parking is to
provide an additional driveway to a neighbouring property.
|
The application before Council is that of a dwelling and
secondary dwelling. There is no mention of the site being used for any
commercial disability centre, group home or the like, nor has the applicant
applied for such a use. As Council cannot assess or determine an application
based on suspicion, this report will focus on what has been applied for (ie
dwelling and secondary dwelling). Any future endeavour to use the premises as
a group home etc will be subject to an assessment against the relevant planning
controls in place at the time.
It should be noted that the nominated parking is also
compliant for the uses proposed (dwelling and secondary dwelling). No further
restriction on occupants, parking numbers, provision of driveways to
neighbouring properties etc required.
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Loss of privacy.
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It is noted that there is existing boundary fencing that
is predominately 1.8m in height. Conditions will also reinforce the need for
1.8m high fencing (for areas less than 1.8m). This will provide sufficient
screening/privacy.
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What will happen with drainage from the site? The current
car park drains into neighbouring properties.
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The natural slope of the land is to the street. As such,
the drainage from any new structures or works will be directed to the street
stormwater system, away from residential receivers. As a result, the
development will likely reduce stormwater runoff onto neighbouring properties
as it will be better collected and dispersed.
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What happens to dust that is dampened with water during
construction?
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Standard construction management conditions will be
applied to manage dust and other potential construction impacts. Should the
developer create pollution or an impact to a neighbour during construction,
this can be investigated as a compliance matter.
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The wooden boundary fence is solid. I want an assurance
that any damage caused during construction will be paid for and repaired by
the developer.
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This is more a civil matter but normal practice would be
that the person who damages the fence would be liable.
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How many people will reside in the building and will it
be regulated? Concern raised over potential carers etc.
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The dwelling and secondary dwelling will have the
potential to operate like any standard household. Therefore, the number of
people that could reside in each dwelling will depend on the size of the
family that occupies them (like any dwelling).
The use of the premises for a more commercial type use,
group home etc is addressed earlier.
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(e) The Public Interest
The proposed development will be in the wider public
interest with provision of appropriate additional housing.
The proposed development satisfies relevant planning
controls and will not have any significant adverse impacts on the wider public
interest.
Ecologically Sustainable Development and Precautionary
Principle
Ecologically sustainable development requires the effective
integration of economic and environmental considerations in decision-making
processes.
The four principles of ecologically sustainable development
are:
· the
precautionary principle,
· intergenerational
equity,
· conservation
of biological diversity and ecological integrity,
· improved
valuation, pricing and incentive mechanisms.
The principles of ESD require that a balance needs to be
struck between the man-made development and the need to retain the natural
vegetation. Based on the assessment provided in the report and with recommended
conditions of consent, it is considered an appropriate balance has been struck.
Climate change
The proposal is not considered to be vulnerable to any risks
associated with climate change.
4. DEVELOPMENT
CONTRIBUTIONS APPLICABLE
· Development contributions will not be required under S64,
S7.11 or S7.12 for the following reasons:
- Credit exists for the residential lot that will cover the
dwelling from any S7.11.
- The secondary dwelling is less than 60m² and therefore
exempt from contributions under Council’s Development Contributions
Assessment Policy.
- Conditions will cover water contributions, should the
applicant chose to have a separate water meter/connection.
- No commercial components proposed to attract s7.12
5. CONCLUSION AND
STATEMENT OF REASON
The application has been assessed in accordance with Section
4.15 of the Environmental Planning and Assessment Act 1979.
Issues raised during assessment and public exhibition of the
application have been considered in the assessment of the application. Where
relevant, conditions have been recommended to manage the impacts attributed to
these issues.
The proposed development does
not raise any significant general public interest issues beyond matters already
addressed in this report. Overall, the proposed development is consistent with
the provisions and objectives of the relevant planning controls and will have
an acceptable impact on the surrounding natural and built environment. Approval
of the application is considered to be in the public interest as it achieves
the LEP objectives for development in the zone. No significant adverse
environmental, social or economic impacts on the locality have been identified.
Accordingly, the proposal is considered to be in the public interest.
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Attachments
1⇩. Attachment 1 -
Recommended Conditions
2⇩. Attachment 2 - Plans
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