Agenda of Development Assessment Panel - Wednesday, 18 June 2025

Agenda

Item: 05

Subject: DISCLOSURES OF INTEREST

RECOMMENDATION

That Disclosures of Interest be presented

DISCLOSURE OF INTEREST DECLARATION

Name of Meeting:

Meeting Date:

Item Number:

Subject:

I, the undersigned, hereby declare the following interest:

Pecuniary:

Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary – Significant Interest:

Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary – Less than Significant Interest:

May participate in consideration and voting.

For the reason that:

Name:

Signed:

Date:

Please submit to the Governance Support Officer at the Council Meeting.

(Refer to next page and the Code of Conduct)

Pecuniary Interest

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

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

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

(a) your interest, or

(b) the interest of your spouse or de facto partner, your relative, or your partner or employer, or

4.4 For the purposes of clause 4.3:

(a) Your “relative” is any of the following:

i) your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

ii) your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

iii) the spouse or de facto partner of a person referred to in paragraphs (i) and (i)

(b) “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.

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

(a) if you are unaware of the relevant pecuniary interest of your spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a council or a statutory body, or is employed by the Crown, or

(c) just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

Non-Pecuniary

5.1 Non-pecuniary interests are private or personal interests a council official has that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

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

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

5.4 Non-pecuniary conflicts of interest must be identified and appropriately managed to uphold community confidence in the probity of council decision-making. The onus is on you to identify any non-pecuniary conflict of interest you may have in matters that you deal with, to disclose the interest fully and in writing, and to take appropriate action to manage the conflict in accordance with this code.

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

Managing non-pecuniary conflicts of interest

5.6 Where you have a non-pecuniary conflict of interest in a matter for the purposes of clause 5.2, you must disclose the relevant private interest you have in relation to the matter fully and in writing as soon as practicable after becoming aware of the non-pecuniary conflict of interest and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter. In the case of members of council staff other than the Chief Executive Officer, such a disclosure is to be made to the staff member’s manager. In the case of the Chief Executive Officer, such a disclosure is to be made to the mayor.

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

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

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

a) a relationship between a council official and another person who is affected by a decision or a matter under consideration that is particularly close, such as a current or former spouse or de facto partner, a relative for the purposes of clause 4.4 or another person from the council official’s extended family that the council official has a close personal relationship with, or another person living in the same household

b) other relationships with persons who are affected by a decision or a matter under consideration that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

c) an affiliation between the council official and an organisation (such as a sporting body, club, religious, cultural or charitable organisation, corporation or association) that is affected by a decision or a matter under consideration that is particularly strong. The strength of a council official’s affiliation with an organisation is to be determined by the extent to which they actively participate in the management, administration or other activities of the organisation.

d) membership, as the council’s representative, of the board or management committee of an organisation that is affected by a decision or a matter under consideration, in circumstances where the interests of the council and the organisation are potentially in conflict in relation to the particular matter

e) a financial interest (other than an interest of a type referred to in clause 4.6) that is not a pecuniary interest for the purposes of clause 4.1

f) the conferral or loss of a personal benefit other than one conferred or lost as a member of the community or a broader class of people affected by a decision.

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

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

5.12 If you are a member of staff of council other than the Chief Executive Officer, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of your manager. In the case of the Chief Executive Officer, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of the mayor.

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

5.14 Council committee members are not required to declare and manage a non-pecuniary conflict of interest in accordance with the requirements of this Part where it arises from an interest they have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if they have been appointed to represent the organisation or group on the council committee.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

This form must be completed using block letters or typed.

If there is insufficient space for all the information you are required to disclose,

you must attach an appendix which is to be properly identified and signed by you.

By [insert full name of councillor]
In the matter of [insert name of environmental planning instrument]
Which is to be considered at a meeting of the [insert name of meeting]
Held on [insert date of meeting]
PECUNIARY INTEREST
Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)
Relationship of identified land to councillor [Tick or cross one box.]		 The councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).  An associated person of the councillor has an interest in the land.  An associated company or body of the councillor has interest in the land.
MATTER GIVING RISE TO PECUNIARY INTEREST[1]
Nature of land that is subject to a change in zone/planning control by proposed LEP (the subject land2 [Tick or cross one box]		 The identified land.  Land that adjoins or is adjacent to or is in proximity to the identified land.
Current zone/planning control [Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]
Proposed change of zone/planning control [Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]
Effect of proposed change of zone/planning control on councillor or associated person [Tick or cross one box]		 Appreciable financial gain.  Appreciable financial loss.

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest]

Councillor’s Signature: ………………………………. Date: ………………..

This form is to be retained by the council’s Chief Executive Officer and included in full in the minutes of the meeting

Last Updated: 3 June 2019

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) has in that person’s principal place of residence.

Clause 4.3 of the Model Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

“Relative” is defined by clause 4.4 of the Model Code of Conduct as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting at which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

[1] Clause 4.1 of the Model Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Model Code of Conduct.

2 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Model Code of Conduct has a proprietary interest

Agenda Reports

Item: 06

Subject: DA2024 - 252.1 Multi Dwelling Housing and Strata Subdivision at Lot 1 DP 335428 No 11 Home Street, Port Macquarie

Report Author: Development Assessment Officer (Planner), Benjamin Roberts

Applicant: Chris Jenkins

Owner: TOJO Property Developments Pty Ltd

Estimated Cost: $2,500,000

Parcel no: 9583

Alignment with Delivery Program

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

Recommendation

That DA 2024 - 252.1 for Multi Dwelling Housing and Strata Subdivision at Lot 1, DP 335428, No. 11 Home Street, 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 subdivision at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

The application was considered by the development assessment panel on 16 April 2025 where the panel resolved:

“That DA 2024 - 252.1 for Multi Dwelling Housing and Strata Subdivision including Clause 4.6 Variation to Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 1, DP 335428, No 11 Home Street, Port Macquarie, be deferred to the 18 June 2025 Development Assessment Panel meeting to allow the applicant the opportunity to address outstanding matters in relation to the following:

- Compliance with the gross floor area (GFA) development standard

- Consistency with the desired future character for the locality having regard to the floor space ratio objectives of clause 4.4 Port Macquarie-Hastings Local Environmental Plan 2011

- The landscape treatment along the Oxley Crescent and Home Street frontages to satisfactorily demonstrate no impacts to existing or required public utilities including telecommunications or electricity”

The applicant submitted an amendment to the application on 9 May 2025 addressing the above matters. The key changes include:

- Reduction to Gross Floor Area (GFA) to provide compliance with the maximum floor space ratio of 0.65:1 applicable to the site.

- Removal of significant landscaping within the road reserve.

The amended application was re-exhibited from 19 May to 1 June 2025. Following re-exhibition, 2 submissions were received.

The site is considered suitable for the amended development proposal and the application is considered to have adequately address the 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 were initially received and the matter was previously considered by the DAP. 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 626.8m2 and is located on the corner of Home Street and Oxley Crescent, Port Macquarie. The site contains a single storey dwelling and detached garage with driveway and access off Home Street.

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 existing dwelling, detached garage and garden areas.

· Construction of 4 attached dwellings and strata subdivision.

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

Application Chronology

· 22 April 2024 - Application lodged.

· 2 to 15 May 2024 - Public exhibition via neighbour notification.

· 23 May 2024 - Essential energy comments received.

· 24 May 2024 - Additional information request to show clearances from electricity infrastructure.

· 7 June 2024 - Additional information response with revised plans showing clearances to electricity infrastructure.

· 17 July 2024 - Additional information request seeking clarification on subdivision type proposed and preliminary servicing plans.

· 31 July 2024 - Draft strata plan and preliminary servicing plans provided.

· 17 October 2024 - Additional information request regarding gross floor area calculations and concern that there are no valid planning grounds for the FSR variation. It was apparent that minor changes could be made to achieve FSR compliance.

· 8 November 2024 - Meeting with applicant to discuss floor space ratio. Noted that the building height and floor space ratio controls did not appear to correlate and that a Planning Proposal via an LEP amendment would be appropriate process in seeking a change to these controls. Reiterated that compliance with the FSR is not unachievable or unreasonable in this instance and consistent with pre-lodgement suggested amending the application to achieve FSR compliance.

· 31 January 2025 - Amended plans submitted.

· 3 February 2025 - Additional information request for a revised SOEE and Clause 4.6 variation report to support amended application.

· 24 March 2025 - Revised SOEE and Clause 4.6 variation report submitted.

· 16 April 2025 - Considered and deferred at Development Assessment Panel meeting.

· 9 May 2025 - Amendment to application and plans submitted.

· 19 May to 1 June 2025 - Re-exhibition of amended application.

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 Protectio 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 (Housing) 2021

Chapter 4 Design of residential apartment development

Clause 144 - The proposal includes class 1a attached dwellings only and therefore this chapter does not apply to the application.

State Environmental Planning Policy (Resilience and Hazards) 2021

Chapter 2 Coastal Management

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

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

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

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

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

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

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

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

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

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

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

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

The 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.

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 (Sustainable Buildings) 2022

A BASIX certificate has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. With the amendments to the plans the certificate is now somewhat outdated. It is recommended that a condition be imposed to ensure the submitted certificate is revised and 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 of the amended application to Essential Energy has been undertaken and the following comments provided for consideration:

“Strictly based on the updated documents submitted, Essential Energy has no comments to make as to potential safety risks arising from the proposed development.

Essential Energy makes the following general comments:

· As part of the subdivision, an easement is created for any existing electrical infrastructure. The easement is to be created using Essential Energy’s standard easement terms current at the time of registration of the plan of subdivision;

· If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment;

· Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with;

· All Torrens lots must have access and frontage to a public road as per Service and Installation rules this is to allow for the provision of power/services to the new development, a right of carriageway can not to be used for the provision of power/services to any part of the new development.

· Council should ensure that a Notification of Arrangement (confirming satisfactory arrangements have been made for the provision of power) is issued by Essential Energy with respect to all proposed lots which will form part of the subdivision, prior to Council releasing the Subdivision Certificate. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions;

· In addition, Essential Energy’s records indicate there is electricity infrastructure located within the property. Any activities within this location must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure;

· Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW);

· Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.

Should you require any clarification, please do not hesitate to contact us.

Information about when and how to request safety advice from Essential Energy.

Request for Safety Advice (essentialenergy.com.au)”

If the application was to be approved a consent condition would need to be applied requiring satisfactory arrangements with Essential Energy be obtained prior to issue of any construction certificate. Essential Energy have also provided some general advice.

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 proposed development for multi dwelling housing and strata subdivision is permissible with consent.

The objectives of the R1 zone are as follows:

• To provide for the housing needs of the community.

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

• 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 Will provide for the housing needs of the community; and

o Will provide for a variety in housing type and density.

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

· Clause 4.1 - The minimum 450m² lot size for subdivision does not apply to the proposal as it proposes a strata subdivision.

· Clause 4.1A - The minimum lot sizes do not apply to the proposal as it is characterised as multi dwelling housing development

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is below and complies with the height limit of 11.5m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal has been assessed as 0.65:1 which complies with the maximum floor space ratio of 0.65:1 applying to the site.

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

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

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

No draft instruments apply.

(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.	Six units are proposed and consistent with the waste services policy adequate street frontage is available for the proposed kerbside collection arrangement.	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).	A maximum cut of approximately 1.3m is proposed in the north-eastern corner of the site.	No*
5	a) A certified practicing structural engineer must certify any retaining wall greater than 1.0m.	Conditions can be applied requiring engineering certification for retaining walls greater than 1m in height.	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 combinations are proposed.	N/A
Tree Management - Land to which State Environmental Planning Policy SEPP (Vegetation in Non-Rural Areas) 2017 Applies
10	a) Prescribed vegetation for the purposes of Chapter 2, Vegetation in Non- Rural Areas of the SEPP (Biodiversity and Conservation) 2021 is any tree identified in Table 1 and any tree on land that is: - 3m or higher in height, or - has a trunk diameter of 100mm at 1m above ground level; or - a hollow bearing tree, or - a mangrove, or cycad, or - is a Norfolk Island Pine (Araucaria heterophylla), or - a threatened species or - a threatened ecological community as listed under the Biodiversity Conservation Act 2016 or Environment Protection and Biodiversity Conservation Act 1999.	The removal of existing planted ornamental trees is proposed. No native vegetation exists on the site.	Yes
10	b) The above criteria does not apply to a tree where the nearside trunk is 5m from the nearest external wall of an existing, permanent dwelling or manufactured home and is located within the same property. Such trees may be removed without a permit or development consent. This provision does not apply to areas mapped as Core Koala Habitat under the LEP, or areas identified as containing a threatened ecological community. A permit will be required in these instances.	N/A	N/A
Tree Management – Private Land
11	a) Pruning must be undertaken in accordance with Australian Standard AS 4373 - Pruning of Amenity Trees.	No pruning proposed or required.	N/A
	b) An application for the removal of a tree listed in Table 1 must be accompanied by an Arborist’s report stating that the tree: - is dangerous; or - is dying and remedial pruning would not improve the deteriorated condition of the tree; or - has a history of branch fall (documented or photographic evidence to be provided); or - is structurally unsound or; - diseased. - Advice on the requirement of an arborist report associated with a tree removal permit can be obtained from Council’s Tree Assessment staff. - The requirement for an arborist report for tree removal associated with a development application will be determined on merit by Council’s Development Assessment.	No trees listed in table 1 exist on the site.	N/A
	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.	Not proposed.	N/A
	d) Removal of dead branches including palm fronts and the selective removal of branches up to and including a diameter of 50mm may be undertaken without a permit or development consent where the removal: - Does not alter the canopy of the tree, and - Does not destroy the aesthetic appearance of the tree canopy; and - Does not alter the growth structure of the tree, and - − Is carried out in accordance with Australian Standard AS 4373 - Pruning of Amenity Trees.	Not proposed or required.	N/A
	e) The pruning of large garden shrubs in excess of 3 metres in height for the purpose of ornamental shaping is permitted without a permit or development consent.	N/A	N/A
	f) Where a development is proposed adjoining Council controlled land, the plans must identify all trees that fall within 6.0m of the property boundary and any trees proposed to be removed, identified on that plan.	No trees exist on adjoining road reserve.	N/A
	g) Any pruning or removal of any tree on private land must be undertaken in accordance with Council’s tree management specifications.	Removal of the planted ornamental trees can be removed in accordance with tree management specifications.	Yes
	h) A tree removal permit can be sought for tree removal associated with a Complying Development Certificate (CDC), subject to the tree removal meeting the following criteria: - Must be associated with CDC and removal must not occur until CDC issued. - Application must identify and locate all trees within proximity to the development. - No more than 3 trees over 6m in height to be removed. Trees taken to be impacted on by the development are to be determined in accordance with AS 4970 - Protection of trees on development sites (i.e 12 x DBH tree protection zone required for those trees to be retained). - Must not involve removal of hollow bearing trees. - The removal of any koala browse tree species are to be replaced at a ratio of 2:1 on site or at a secure off site location agreed to by Council. Any on site replanting is to have regard for services and buildings and is to be agreed to by Council.	N/A	N/A

*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 roads proposed.				N/A
	b) Existing direct accesses from a development to arterial and distributor roads are rationalised or removed where practical.	Home Street and Oxley Crescent are not arterial or distributor roads.				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.	The proposal incorporates removal of the existing crossover near the intersection on Home Street and construction of 2 new combined crossovers on Oxley Crescent.				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.	The proposal incorporates 2 x 2-bedroom units and 2 x 3-bedroom units. Total of 6 units. Parking required equates to 2 + 3 = 5 resident spaces + 1 visitor space. Parking proposed incorporates a single garage to each unit with a stacked space in front of each garage. Only stacked visitor spaces are to be include in the assessment of parking provision. Therefore, a total of 4 resident spaces and 3 visitor spaces are proposed. Technically the proposal is 1 resident space short having regard to the parking provisions in table 3.				No*
	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
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
26	a) On street parking, for the purposes of car parking calculations will not be included unless it can be demonstrated that: − there is adequate on street space to accommodate peak and acute parking demands of the area; − parking can be provided without compromising road safety or garbage collection accessibility; − parking can be provided without jeopardising road function; and − that streetscape improvement works, such as landscaped bays and street trees are provided to contribute to the streetscape.	While the proposal is not reliant upon on street parking it is noted that removal of the existing crossover on Home Street will provide additional onstreet parking opportunity.				N/A
	b) On street parking is provided in accordance with AS2890.5.	N/A				N/A
27	a) On street parking will not be permitted unless it can be demonstrated that: − parking does not detract from the streetscape; and − that streetscape improvement works, such as landscaped bays and street trees are provided.	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 in front of each garage is easily accessible from the street.				Yes
	b) Internal signage (including pavement markings) should assist customers and visitors to find parking and circulate efficiently and safely through a car park.	The parking spaces are clearly visible and internal signage not required in this instance.				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 parking spaces in front of the building line are stacked spaces in the driveways.				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 compliance.				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.	Three (3) of the proposed stacked spaces in the driveway are visitor spaces. One (1) of the proposed stacked spaces in front of the driveway is a resident parking space which is inconsistent with this provision. All stacked spaces are a minimum of 5.5m in depth.				No*
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 compliance.				Yes
30	a) Bicycle and motorcycle parking shall be considered for all developments.	Areas exist within ground floor to facilitate bicycle and motorcycle parking.				Yes
	b) Bicycle parking areas shall be designed generally in accordance with the principles of AS2890.3 - Parking facilities - Bicycle parking facilities.	Areas exist within ground floor to facilitate bicycle and motorcycle parking.				Yes
	c) Motorcycle parking areas shall be 1.2m (wide) x 2.5m (long).	Areas exist within ground floor to facilitate bicycle and motorcycle parking.				Yes
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	Parking areas are confined to the garage and driveways. Adequate landscaping is proposed in and around these areas.				Yes
	b) Landscaping areas shall be used throughout the car park and on the perimeters of the property where it addresses the public domain.	Parking areas are confined to the garage and driveways. Adequate landscaping is proposed in and around these areas.				Yes
	c) Garden beds shall be a minimum of 3m in width between car parking areas and street boundaries.	N/A				N/A
34	a) All plantings on public lands are to be selected from Council’s Indigenous Street and Open Space Planting List from the relevant vegetation community adjacent to the Development.	Plantings proposed within the road reserve can be consistent with the plantings list. Details to be provided as part of the s138 road act application.				Yes
	b) Trees are to be grown and installed in accordance with AS 2303:2015 Tree Stock for Landscape Use and Council’s AUS-SPEC design specifications.	Per above.				Yes
	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.	Parking and driveway areas are proposed to be concrete.				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.	Stormwater is capable of being managed. Details to be provided as part of s69 plumbing drainage application.				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.	Noted.				Yes
*DCP 2013: Part B - General Provisions - B5: Social Impact Assessment and Crime Prevention*
DCP Objective	Development Provisions		Proposed		Complies
Social Impact Assessment
42	a) A social impact assessment shall be submitted in accordance with the Council’s Social Impact Assessment Policy.		The proposal does not trigger the requirement for a social impact assessment.		Yes
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 to the public domain is available from the first and second floors of the development. The private and public domain is clearly defined with fencing at ground level.		Yes

*DCP 2013: Part C - Development Specific Provisions - C1: Low Density Residential Development*
DCP Objective	Development Provisions	Proposed	Complies
Front Setbacks
44	a) Dwellings may incorporate an articulation zone to a street frontage at no less than 3m from property boundary. The following building elements are permitted within the articulation zone: - an entry feature or portico; - a balcony, deck, patio, pergola, terrace or verandah; - a window box treatment; - a bay window or similar feature; - an awning or other feature over a window; - a sun shading feature. b) These building elements should not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.	The first-floor terraced landscaping and blockwork screening is located within the articulation zone to Home Street and is setback approximately 3.5m and 4.2m respectively.	Yes
44	c) The primary road front setback shall be: Primary frontage = 4.5m Secondary frontage = 3.0m	4.5m setback to building wall from Home Street frontage. Home Street is considered the primary frontage as it has the higher volume of traffic. 3m setback to building wall from Oxley Crescent being the secondary frontage.	Yes 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 to each dwelling is at least 1m behind the building line. The parking spaces in front of the garage extend slightly forward of the building line however are greater than 5.5m in depth from the front boundary.	Yes No*
	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 doors are no greater than 6m in width and not more than 50% of the width of the buildings.	Yes
	c) Driveway crossovers are no greater than 5.0m in width.	The proposed combined crossovers are 5.5m in width. There appears to be no reason why the crossovers cannot be reduced to a maximum of 5m in width. If approval was granted a condition has been recommended requiring the driveway crossovers to be reduced to a maximum of 5m in width at the boundary.	Yes subject to conditioning.
	d) Where a dual occupancy or attached dwelling is proposed on a corner lot a garage and driveway is provided on each road frontage.	No dual occupancy proposed.	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).	The site is a corner lot with no rear setback requirement.	N/A
	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.	N/A	N/A
47	a) Ground floors (being <1m above existing ground level) should be setback a minimum of 900mm from side boundaries.	East side ground floor 900mm. North side ground floor 4.005m
	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.	Upper levels east side 2m setback with shadow diagrams demonstrating 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. Upper levels north side 4.005m setback.	Yes 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.	No unarticulated wall lengths on the first floor and above greater than 12m in length.	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.	Each unit is provided with a minimum of 35m2 private open space which incorporate a directly accessible 4m x 4m area from living areas.	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 fencing is illustrated 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.	N/A	N/A
	b) Front fences proposed to be more than 1.2m high should be a maximum of 1.8m in height, above existing front property boundary level, and either: - Include landscaped recesses having minimum dimensions of 1.8m long x 900mm deep which occupy no less than 50% of the total length of the fence, or - be erected up to the front boundary for a maximum length of 6.0m or 50% of the street frontage,	Solid masonry front fencing variable in height from 1.6 to 2.41m in height is proposed. No landscapes recesses are proposed rather landscaping in front of the fencing within the road reserve. Having regard to the solid nature, height and length of fencing proposed along the Home Street frontage it is considered that the fence on this frontage should incorporate landscape recesses. If approval was granted condition is recommend ensuring openings are incorporated.	Yes subject to conditions.
	c) have openings which make it not less than 25% transparent (no individual opening more than 30mm wide);	No openings are illustrated on the plans. If approval was granted condition is recommend ensuring openings are incorporated.	Yes subject to conditions.
	d) provide a 3m x 3m splay for corner sites, and	Curved 3m splay is provided on the corner.	Yes
	e) provide a 900mm x 900mm splay for vehicle driveway entrances.	No fencing against driveways.	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.	1.8m boundary and front fencing screens views from ground floor living and open space areas. There are no other views identified within 9m or 12m to adjoining dwellings from primary living areas. It is noted that an east view from first floor terrace/lawn areas of units 11C and 11B is screened with 2m high shrub plantings indicated on the landscape plan. The terraces on the second floor incorporate solid side walls and arches to protect privacy between units and the existing adjoining dwelling to the north.	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.	It is noted that an east view from first floor terrace/lawn areas of units 11C and 11B is screened with 2m high shrub plantings indicated on the landscape plan. The terraces on the second floor incorporate solid side walls and arches to protect privacy between units and the existing adjoining dwelling to the north.	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.	Noted.	N/A
	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 above. Suitable screening and fencing is proposed.	Yes
Ancillary Development
56	a) For ancillary development in R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, R5 Large Lot Residential and RU5 Village zones: - The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot should not be more than 4.8m above ground level (existing). - The building should be single storey construction with a maximum roof pitch of 24 degrees. - The maximum area of the building should be 60m2 for lots less than 900m² and maximum of 100m² for larger lots. - Ancillary development that is a garage, or an outbuilding, or a rainwater tank should not be located in front of the main building line with the exception of swimming pools.	No outbuildings proposed. Swimming pools are proposed and allowed in front setback.	Yes

*The proposal seeks a variation to provision 4 which prescribes that development shall not exceed cut of 1m outside the perimeter of the external walls of the building. The proposal incorporates cut to 1.3m along the boundary in the north-eastern corner of the site outside the perimeter of the building walls.

The objectives of provision 4 are as follows:

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

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

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

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

· 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 cut is proposed to provide for a balanced levels across the development site.

· The proposed cut would be retained with engineered retaining wall.

· The proposed area of cut is considered minimal and does not represent excessive cut or site disturbance.

· Stormwater drainage is capable of being managed in the retaining wall design.

*The proposal seeks a variation to provision 24 which requires off-street parking be provided in accordance with the parking demand rates identified in table 3 of the plan. Specifically, the plan requires 5 resident spaces and 1 visitor space. The proposal incorporates 4 resident spaces and 3 visitor spaces.

The objectives of provision 24 is as follows:

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

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

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

· Each dwelling will be provided in essence with 2 parking spaces. These spaces can be utilised by either residents or visitors of each unit which is commensurate with the anticipated volume and turnover of traffic likely to be generated by the development.

· The proposed parking arrangement will have no adverse impact on traffic and road function.

*The proposal seeks a variation to provision 28 which prescribes that stack or tandem spaces will not be included in assessment of parking provision except where it is surplus to that required or it is visitor parking associated with multi dwelling housing, directly in front of the garage with a minimum depth of 5.5m.

The objectives of provision 28 is as follows:

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

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

· Each dwelling will be provided with 2 parking spaces.

· The parking arrangement will provide for safe use by vehicles and not result in any pedestrian conflict.

*The proposal seeks a variation to provision 45 which prescribes that parking spaces should be at least 1m behind the building line. The proposal incorporates stacked parking spaces that extend slightly forward of the building line. The provision prescribes that driveway crossovers are no greater than 5m in width. The proposal incorporates 2 driveway crossovers of 5.5m in width.

The objectives of provision 45 is as follows:

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

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

· To provide safe and functional vehicular access.

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

· The parking spaces slightly forward of the main building line are open and predominantly located underneath the first-floor landscaped terrace. There will be no adverse impact upon the streetscape and amenity.

· The parking spaces are open, predominately located underneath a landscaped terrace and do not incorporate any garage doors or the like that would ordinarily create visual dominance in the streetscape.

· The parking arrangement will provide for safe and functional vehicle access.

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

Demolition of buildings AS 2601 - Clause 61

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

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

Context and Setting

The site is located on the corner of Home Street and Oxley Crescent.

Adjoining the site immediately to the north is residential development typically comprising two storey dwellings.

Adjoining the site immediately to the east is a single storey residential development.

Adjoining the site to the south is Home Street with residential development typically comprising two storey dwellings beyond.

Adjoining the site to the west is Home Street with residential development typically comprising single storey and two storey dwellings or units.

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

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

The proposal does not have significant adverse lighting impacts.

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

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

Roads

The site has road frontages to Oxley Crescent and Home Street, Port Macquarie. These are sealed public roads under the care and control of Council. Both streets are classified as Local roads. All 4 garages for the development will have direct access onto Oxley Crescent, via 2 shared driveways (11A & 11B and 11C & 11D). Oxley Crescent has a 7m wide carriageway, within a 15m wide road reserve. There is SA profile (up-right) kerb and gutter present in the street, with on-street parking available. There is also an existing give way sign and a painted yield line for vehicles approaching the Home Street intersection.

Immediately adjacent to the site, Home Street has a 17m wide carriageway, within a 27m wide road reserve. There are painted, on-street bicycle lanes within the carriageway on both sides of the street. There is also SA profile kerb and gutter and on-street parking available.

Traffic and Transport

The site is currently approved for residential use permitted to generate 7 daily trips. This development proposes to generate 28 daily trips. The addition in traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

Site Frontage and Access

Vehicle access to the site is proposed through 2 shared driveways with direct frontage onto Oxley Crescent. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Parking and Manoeuvring

A total of 4 parking spaces have been provided on-site within garages, with an additional 4 parking spaces available within each driveway. Two shared driveways have been proposed, with the widths limited to ensure on-street parking opportunities are maximised. The plans demonstrate that the property frontage can accommodate approximately seven on-street parking spaces. Parking and driveway widths on site are capable of complying with relevant Australian Standards (AS 2890) and conditions have been recommended to reflect these requirements

Water Supply Connection

Water Supply is available to the site. A Section 306 Notice of Requirements will be required from the water authority prior to the issue of a Construction Certificate, and a Section 307 Certificate will be required at the completion of work and prior to the issue of an Occupation Certificate and Strata Certificate.

Appropriate conditions are recommended in this regard.

Sewer Connection

Sewer is available to the site. A Section 306 Notice of Requirements will be required from the water authority prior to the issue of a Construction Certificate, and a Section 307 Certificate will be required at the completion of work and prior to the issue of an Occupation Certificate and Strata Certificate.

Appropriate conditions are recommended in this regard.

Stormwater

The site naturally grades towards the street frontage of Oxley Crescent/ Home Street and is currently serviced via an existing kerb outlet to Home Street.

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater pit within Oxley Crescent, near the corner of Home Street.

Stormwater from the proposed development is planned to be disposed via Council’s stormwater pit within Oxley Crescent, which is consistent with the above requirements.

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

Heritage

No known items of Aboriginal or European heritage significance exist on the property.

No adverse impacts anticipated.

Other land resources

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

Water cycle

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

Soils

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

Air and microclimate

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

Standard precautionary site management condition recommended.

Flora and fauna

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

Waste

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

Energy

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

Noise and vibration

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.

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

The proposed development design satisfactorily responds to the site attributes.

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

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

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

Six (6) written submissions were received following public exhibition of the original application. Two (2) further submissions (from previous submitters) were received following re-exhibition of the amended application. No new issues from those already raised were identified. 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 upon on-street parking and additional traffic in Oxley Crescent. It is a narrow street.	Sufficient off-street parking is proposed for resident and visitor spaces consistent with the parking requirements of the Development Control Plan. Council’s Development Engineer has reviewed the proposal and is satisfied that the traffic generation from the proposed development is within the capacity of the existing road network.
3 storeys is out of character for the immediate area which is characterised by single and two storey dwellings and units.	The proposal complies with the 11.5m (i.e. 3 storey) maximum building height standard which has been envisaged for the site and locality.
No apparent reasoning for variation to floor space ratio standard, which would set a precedent for future developments in the area.	The amended application complies with the floor space ratio development standard and a variation no longer proposed.
Privacy impacts.	There are no east facing windows to the kitchens on the first floor of the middle units. All other living areas are either located on the ground floor or greater 12m from adjoining primary living and open space areas on adjoining properties. No adverse privacy impacts are identified.
View impacts.	There are no identified views impacted from the proposal.
Overshadowing impacts.	Having regard to the north-south orientation of the site and supporting shadow diagrams no adverse overshadowing impacts would result.
Vegetation and tree removal impacts.	No native vegetation exists on the site. The removal of planted and ornamental trees will have no adverse impact on native flora and fauna.
Construction impacts	The construction phase is short term and standard construction site management and construction hour conditions would apply to any consent granted.
Lack of affordable housing.	The proposal does not incorporate any affordable housing component and there is no planning requirement to provide affordable housing in this type of development.
The architectural design is not attractive and is dated.	The design of the building is consistent with the planning controls. The appearance of architectural design elements and colours is subjective and not a relevant planning consideration.
Lack of green space/landscaped areas.	The proposal incorporates adequate landscaping. This is detailed on the landscaping plan.
It is unclear who the owner is behind the proposal as the business has no ABN.	This is not a relevant planning consideration matter.

(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

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

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

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

5. Conclusion and Statement of Reason

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

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

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

Attachments

1 ⇩. Attachment 1 - Recommended Conditions

2 ⇩. Attachment 2 - Plans

3 ⇩. Attachment 3 - Contribution Estimate

Member	05/02/25	05/03/25	19/03/25	16/04/25	21/05/25	04/06/25
David Crofts (Independent Chair)		A	P	P	P	A
Tony McNamara (Independent Member)	P	P			A	P
Chris Gee (Independent Member)	P	P	P	P		P
Murray Blackburn-Smith (Independent Member)	P		P	P	P	P
Dan Croft (Group Manager Development Services)	P	P	P	A	P	P
Other attendees
Melissa Watkins (Director Community, Planning and Environment)
Grant Burge (Development Engineering Coordinator)	P	P			P	P
Kerrod Franklin (Acting Development Engineering Coordinator)
Patrick Galbraith-Robertson (Development Planning Coordinator)			P			P
Steven Ford (Development Assessment Planner)
Chris Gardiner (Development Assessment Planner)		P			P	P
Vanessa Penfold (Development Assessment Planner)
Clinton Tink (Development Assessment Planner)	P
Jon Power (Act Development Engineer Coordinator)
Beau Spry (Development Assessment Planner)
Ben Roberts (Development Assessment Planner)
Kate Kennedy (Building Surveyor)
Warren Wisemantel (Building Surveyor)
Bob Slater (Development Assessment Planner)
Alton Dick (Stormwater Engineer)
Fiona Tierney (Development Assessment Planner)						P
Nicholas Powers (Development Assessment Planner)

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