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
15/02/2023
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
(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.
|
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
|
|
Nature of
land that is subject to a change
in
zone/planning control by proposed
LEP (the
subject land
[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.
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
15/02/2023
Item: 05
Subject: DA2022 - 821.1 Alterations and Additions to
Dwelling including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) and
Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local
Environmental Plan 2011 at Lot 30, DP 18159, No. 977 Ocean Drive, Bonny Hills
Report
Author: Development Assessment Officer (Planner), Benjamin Roberts
|
Applicant: Davy
and Watt Pty Ltd
Owner: A
W & R S Jones
Estimated Cost: $483,000
Alignment with Delivery
Program
4.3.1 Undertake transparent
and efficient development assessment in accordance with relevant legislation.
|
RECOMMENDATION
That
the Development Assessment Panel recommend to Council that DA2022 -
821.1 for alterations and additions to dwelling
including Clause 4.6 variation to Clause 4.3 (Height of Buildings) and Clause
4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan
2011 at Lot 30, DP 18159, No. 977 Ocean Drive, Bonny Hills, be determined by granting consent subject to
the recommended conditions.
Executive
Summary
This
report considers a development application for alterations and additions to
dwelling including Clause 4.6 variation to Clause 4.3 (height of buildings) and
clause 4.4 (floor space ratio) of the Port Macquarie-Hastings Local
Environmental Plan 2011 at the subject site
and provides an assessment of the application in accordance with the
Environmental Planning and Assessment Act 1979.
Following exhibition of the
application, one (1) submission was received.
The proposed floor space ratio
variation is greater than 10% deviation from the development standard and is
therefore required to be considered by full Council.
The site is considered suitable for the proposed development
and the proposal adequately addresses relevant planning controls as justified.
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 the application
includes a Clause 4.6 exception to development standards under the Port
Macquarie-Hastings Local Environmental Plan 2011. 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 202.3m2 and directly fronts Ocean Drive. The site contains an
existing three storey dwelling. The site slopes towards Ocean Drive with
approximately 3m of fall from the back to the front.
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:
· Alterations
and additions to the existing dwelling in the form of interior layout changes, addition
of second flood alfresco area and external appearance improvements.
Refer
to Attachment 2 at the end of this report for plans of the proposed
development.
Application
Chronology
· 21
September 2022 - Application lodged.
· 29
September 2022 - Referral to Essential Energy.
· 5 to 18 October 2022 - Public exhibition via neighbour
notification.
· 21 October 2022 - Essential Energy comments received.
· 26 October 2022 - Additional information request to
applicant.
· 31 October 2022 - Additional information provided.
· 22 November 2022 - Additional information provided.
· 4 January 2023 - Additional information request to
applicant.
· 9 January 2023 - Additional information provided.
· 25 January 2023 - Additional information provided.
3. STATUTORY
ASSESSMENT
Section
4.15(1) Matters for Consideration
In
determining the application, Council is required to take into consideration the
following matters as are relevant to the development that apply to the land to
which the development application relates:
(a) The
provisions (where applicable) of:
(i) Any
Environmental Planning Instrument
State Environmental Planning Policy (Biodiversity and
Conservation) 2021
Chapter 4 - Koala Habitat Protection 2021
Clause 4.4 - This SEPP applies to all non-rural zoned land
within the Port Macquarie-Hastings Local Government Area.
Clause 4.10 - 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 is not considered to be core koala habitat.
State Environmental Planning Policy (Resilience and
Hazards) 2021
Chapter 2 Coastal Management
Clause 2.5 - This policy prevails over the Port
Macquarie-Hastings Local Environmental Plan 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 policy the proposed development is not considered likely to result
in any of the following:
a) any
adverse impact on integrity and resilience of the biophysical,
hydrological (surface and groundwater) and ecological environment;
b) any
adverse impacts coastal environmental values and natural coastal
processes;
c) any
adverse impact on marine vegetation, native vegetation and fauna
and their habitats, undeveloped headlands and rock platforms;
d) any
adverse impact on Aboriginal cultural heritage, practices and
places;
e) any
adverse impacts on the cultural and built environment heritage;
f) any
adverse impacts the use of the surf zone;
g) any adverse impact on the visual amenity and scenic
qualities of the coast, including coastal headlands;
h) overshadowing, wind funnelling and the loss of views from
public places to foreshores; and
i) any adverse
impacts on existing public open space
and safe access to and along the foreshore, beach, headland or rock platform
for members of the public, including persons with a disability.
The bulk, scale and size of the
proposed development is sufficiently compatible with the surrounding coastal
and built environment. The site is 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 continued residential use.
State Environmental Planning Policy (Building Sustainability
Index: BASIX) 2004
A BASIX certificate has been submitted demonstrating that
the proposal will comply with the requirements of the
SEPP. Should approval be granted it is recommended that a condition be imposed
to ensure that the commitments are incorporated into the development and
certified at Occupation Certificate stage.
State Environmental Planning Policy (Transport and
Infrastructure) 2021
Clause 2.48 - Development in proximity to electricity
infrastructure - referral to Essential Energy has been completed having regard
to the proximity of the proposal from existing overhead power lines. The
following comments were provided for consideration:
“Strictly based on the
documents submitted, Essential Energy makes the following comments as to potential
safety risks arising from the proposed development:
1. The
existing overhead service connecting this property will need to comply with the
NSW Service and Installation Rules, both in relation to the clearances and
access to the point of attachment, no roofed area is to be underneath the point
of attachment. This may mean that the existing service will need to be
re-located, at the Applicant’s expense. A Level 2 Electrician will be
able to advise on these requirements and carry out the required work to ensure
compliance.
2. The existing overhead service
connecting the adjoining property, Lot 29 DP18159 (975 Ocean Drive) will need
to comply with the NSW Service and Installation Rules, in relation to the
clearances to this proposal. This may mean that the existing service will need
to be re-located, at the Applicant’s expense. A Level 2 Electrician will
be able to advise on these requirements and carry out the required work to
ensure compliance.
Essential Energy also makes the
following general comments:
1. If the proposed development changes, there
may be potential safety risks and it is recommended that Essential Energy is
consulted for further comment.
2. Any existing encumbrances in favour of
Essential Energy (or its predecessors) noted on the title of the above property
should be complied with.
3. In addition, Essential Energy’s
records indicate there is overhead electricity infrastructure located within
the property and within close proximity of the property. Any activities within
these locations 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. Approval may be
required from Essential Energy should activities within the property encroach
on the electricity infrastructure.
4. 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).
5. 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/Underground Assets.”
The potential safety risks identified can be managed
throughout the construction phase by suitably qualified professionals. This
advice has been forwarded to the applicant for consideration and
implementation.
Clause 2.119 refers to development with frontage to a
classified road. Ocean Drive is a classified road. The development proposes to
make improvements to the existing crossover to Ocean Drive and does not propose
any additional crossovers. No additional residential occupancy is proposed and
no increase in traffic generation is expected. Therefore, no adverse impact on
the road network will occur.
In terms of noise impacts there is
no change to the existing front setback. The proposal will not be adversely impacted by road traffic noise.
Clause 2.120 refers to noise and vibration impacts from a
classified road on non-road development. The clause only applies to freeways,
tollways and roads with an Annual Average Daily Traffic (AADT) of 20,000
vehicles. Council traffic count data suggest this section of Ocean Drive
accommodates less than 10,000 vehicles AADT, the clause does not apply.
The development does not trigger any of the traffic
generating development thresholds of Clause 2.122. Referral to the NSW Roads
and Maritime Services (RMS) is not required.
Based on the above, the proposed
development addresses relevant clauses in the SEPP and will not to create any
significant adverse conflict in terms of traffic or noise.
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 additions and alterations to the
existing dwelling house is permissible with consent.
The objectives of the R1 zone are as
follows:
o To provide for the housing needs
of the community.
o To provide for a variety of
housing types and densities.
o To
enable other land uses that provide facilities or services to meet the day to
day needs of residents.
· Clause 2.3(2) - The proposal is consistent with the zone
objectives as it contributes to the range of housing type in the locality.
· Clause 2.7 - The partial demolition of the existing
dwelling requires consent as it does not fit within the provisions of SEPP
(Exempt and Complying Development Codes) 2008.
· Clause 4.3 - The building height limit for the site is
8.5m. The proposed building height is 8.8m. The proposal exceeds the building
height limit by 300mm which represents a variation of 3.5% from the development
standard. The submitted plans indicate the extent of the building that would
exceed the building height limit. An extract of the plans showing the extent of
the height variation is illustrated below for ease of reference. The
variation to building height is addressed under the following clause 4.6
section of this report.
· Clause 4.4 - The floor space ratio (FSR) limit for the site
is 0.65:1. The proposed FSR is 0.82:1. Notably the FSR of the existing dwelling
is 0.91:1. While a reduction in FSR is proposed, it still represents a
variation of 26% from the development standard. The FSR calculation plans
supporting the application have been reviewed and defined areas are consistent
with the LEP definition. The variation to the FSR is addressed under the
following clause 4.6 section of this report.
· Clause 4.6 - This clause establishes a degree of
flexibility for certain development standards in certain circumstances which
have demonstrated that a better planning outcome will occur from that
flexibility. In this regard, the proposal seeks a variation to both the
building height and floor space ratio standards to the extent noted under
Clause 4.3 and 4.4 above. The applicant’s written request for an
exception to these development standards is included as an attachment to this
report - Attachment 3.
Assistance
on the approach to variation to these standards is also taken from NSW Land and
Environment Court and NSW Court of Appeal decisions in:
· Wehbe v Pittwater Council (2007) NSW LEC 827 (Wehbe);
· Four2Five Pty Ltd v Ashfield Council (2015) NSWLEC 1009;
and
· Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) NSWCA
245
Having
regard to specific requirements of clause 4.6(3) and 4.6(4) the following
assessment comments are provided:
(3) Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by demonstrating:
(a) that compliance with the
development standard is unreasonable or unnecessary in the circumstances of the
case, and
(b) that there are sufficient
environmental planning grounds to justify contravening the development
standard.
The applicant has submitted a request in writing to justify
the contravention of the building height and floor space ratio standards for
the following primary reasons:
· The proposal will result in an overall reduction to the
building height and floor space ratio of the dwelling.
· The proposal is consistent with a number of
existing and new dwellings in the locality, and reflects the steep topography
and very small allotments in the area.
· The proposal is consistent with the zone objectives
and clause 4.3 and clause 4.4 objectives and the public benefit of the
development standards is not lost or eroded by this proposal and it is
therefore unnecessary to comply with the standards in the circumstances of the
case.
(4) Development consent must not
be granted for development that contravenes a development standard unless:
(a) the consent authority is satisfied
that:
(i) the applicant’s written request has
adequately addressed the matters required to be demonstrated by subclause (3),
and
3(a) that compliance with the
development standard is unreasonable or unnecessary in the circumstances of the
case:
In Wehbe five methods have been developed to test
whether a compliance with the standard is unreasonable or unnecessary:
1. The objectives of the development
standard are achieved notwithstanding the non-compliance with the numerical
standard and therefore compliance is unreasonable and unnecessary.
2. The underlying objective or purpose
of the standard is not relevant to the development and therefore compliance is
unnecessary.
3. The underlying object or purpose
would be defeated or thwarted if compliance was required and therefore
compliance is unreasonable.
4. The development standard has been
virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence
compliance with the standard is unnecessary and unreasonable.
5. The zoning
of particular land was unreasonable or inappropriate so that a development
standard appropriate for that zoning was also unreasonable or unnecessary as it
applied to that land and that compliance with the standard in that case would
also be unreasonable or unnecessary.
The applicant’s written request has adequately
demonstrated that it is unreasonable or unnecessary to comply with the
development standards in the circumstances of the case based on the first test
above in that the objectives of the standards are satisfied and to some extent
the standards have also been abandoned by other development consents granted by
Council departing from the standards within the immediate locality.
3(b) that there are sufficient
environmental planning grounds to justify contravening the development
standard:
The environmental planning grounds identified in the
applicant’s written request are supported as providing adequate
justification for contravention of the development standards.
(ii) The
proposed development will be in the public interest because it is consistent
with the objectives of the particular standard and the objectives for
development within the zone in which the development is proposed to be carried
out
Consideration
of the proposal’s consistency with the objectives of height of buildings
standard is provided as follows:
Clause 4.3(1)(a) to ensure that buildings are compatible
with the height, bulk and scale of the existing and desired future character of
the locality
Comments:
The existing dwelling is 3 storey and development in the locality primarily
comprises a mix of 2 and 3 storey dwelling houses. The 3 storey dwellings along
Ocean Drive are of similar height, bulk and scale of the proposed development
having regard to the steep topography and small allotment sizes. The proposal
will be compatible with the character of the locality.
Clause 4.3(1)(b) to minimise visual impact, disruption of
views, loss of privacy and loss of solar access to existing development
Comments: The portion of the proposed roof exceeding the height
standard is located in the front half of the site. The proposed roof line is
lower than the existing roof line. The roof will extend further north over the
second floor alfresco area.
Having
regard to the extent of the height variation (300mm) it is considered that a
compliant building height would have similar view impact to adjoining
dwellings. The adjoining dwelling to the east (975 Ocean Drive) has north
facing decks on the first and second floors. Each deck is screened along its
entire western elevation and doesn’t enjoys views across the site. See
photo below of first and second floor decks and screening at 975 Ocean Drive
for context.
The
adjoining units to the west (979 Ocean Drive) contain north facing balconies on
the first floor and north facing windows on the second floor. Having regard to
the level of the balconies it is considered that the second floor alfresco and
roof will have no impact upon existing views from these balconies.
The
north facing windows on the second floor serve bedrooms. The primary view is
directly to the north across the front boundary of that property. Any partial
view enjoyed across the side boundary over the existing recessed first floor
roof maybe impacted from the proposed development. The impacts are considered
negligible. See photo below of first floor balconies and second floor windows
to units at 979 Ocean Drive for context.
The
proposal will not contribute to any adverse disruption of views. Adequate
screening is existing or proposed to protect privacy between adjoining
dwellings. No adverse privacy impacts will result. Shadow diagrams have been
provided demonstrating no adverse solar access impacts to existing development.
Clause 4.3(1)(c) to minimise the adverse impact of
development on heritage conservation areas and heritage items,
The
site does not contain any known heritage items or sites of significance.
Clause 4.3(1)(d) to nominate heights that will provide a
transition in built form and land use intensity within the area covered by this
Plan.
Comments: Land
adjoining the site shares the same R1 General Residential zoning and 0.65:1
floor space ratio. There is no change to existing transition in built form.
Specifically, the existing dwelling on the site is 3 storeys in nature and 3
storey buildings adjoin the site on both sides.
The
development is consistent with the zoning and height objectives of the LEP 2011
and is unlikely to have any implications on State related issues or the broader
public interest.
Consideration
of the proposal’s consistency with the objectives of the floor space
ratio standard is provided as follows:
Clause 4.4(1)(a) to regulate density of development and generation of
vehicular and pedestrian traffic,
Comments: The proposal
remains a single dwelling house and will not result in any additional
pedestrian and traffic generation. The proposal will not result in any
increased density from what currently exists on the site.
Clause 4.4(1)(b) to encourage increased building height and
site amalgamation at key locations,
Comments: The site is
not identified as a key location for site amalgamation. The proposed building
height is a reduction from that of the existing building. and is consistent
with the established character of the locality.
Clause 4.4(1)(c) to provide sufficient floor space for high quality
development for the foreseeable future,
Comments: The proposal
will result in a reduction to FSR on the site and accommodate a high standard
of development.
Clause 4.4(1)(d) to ensure that buildings are compatible
with the bulk and scale of the existing and desired future character of the
locality.
Comments: The proposal
is compatible with the bulk and scale of existing development in the locality.
(b) The concurrence of the Secretary has been
obtained.
Comments: As per
the Planning Circular PS 20-002, Council can assume the Director’s
Concurrence for variations to the height of buildings and floor space ratio. In
this instance, the extent of the floor space ratio is greater than 10% and the
application needs to be considered by full Council.
Having
regard to the above requirements it is recommended that the building height and
floor space variations using clause 4.6 be supported.
· Clause 5.10 - The site does not contain or adjoin any known
heritage items or sites of significance.
· Clause 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.
|
Satisfactory arrangements
can be put in place for storage and collection of waste.
A standard condition is
recommended for construction waste management.
|
Yes
|
|
Cut and Fill Regrading
|
|
4
|
a) Development shall not
exceed a maximum cut of 1.0m and fill of 1.0m measured vertically above the ground
level (existing) at a distance of 1.0m outside the perimeter of the external
walls of the building (This does not apply to buildings where such cut and
fill is fully retained within or by the external walls of the building).
|
New retaining wall at rear
and out front to north eastern and western parts of the site to accommodate
new side stairs and entry porch. Cut to maximum of approximately 700mm in
north-eastern corner.
|
Yes
|
|
5
|
a) A certified practicing
structural engineer must certify any retaining wall greater than 1.0m.
|
No retaining walls greater
than 1m in height proposed.
|
N/A
|
|
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 fencing and retaining wall combination proposed.
|
N/A
|
|
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.
|
Sufficient parking is
proposed in the double garage on ground floor.
|
Yes
|
|
Parking Layout
|
|
28
|
c) Parking spaces shall
generally be behind the building line but may be located between the building
line and the street when:
− it
is stacked parking in the driveway; or
− it
can be demonstrated that improvements to the open space provided will result;
and
− the
spaces are screened (densely landscaped or similar) from the street by a
landscaping with a minimum width of 3.0m for the entire length of the parking
area.
|
No
change to the existing garage setback.
|
N/A
|
|
d) Parking design and layout
is provided in accordance with AS/NZS 2890.1 - Parking facilities -
Off-street car parking.
|
Parking layout complies
with AS2890.
|
Yes
|
|
34
|
a) All parking and manoeuvring
spaces must be designed to avoid concentrations of water runoff on the
surface.
|
Stormwater is capable of
being managed onsite. Preliminary stormwater management plan provided.
|
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.
|
Preliminary stormwater
arrangements provided and acceptable in principle. Details to be provided in
subsequent s68 application.
|
Yes
|
|
DCP 2013: Part B -
General Provisions - B5: Social Impact Assessment and Crime Prevention
|
|
DCP Objective
|
Development Provisions
|
Proposed
|
Complies
|
|
Crime Prevention
|
|
43
|
a) The development addresses
the generic principles of crime prevention:
− Casual
surveillance and sightlines;
− Land use mix
and activity generators;
− Definition of
use and ownership;
− Basic exterior
building design;
− Lighting;
− Way-finding;
and
− Predictable
routes and entrapment locations;
− as described in
the Crime Prevention Through Environmental Design (CPTED) principles.
|
No concealment or entrapment areas proposed. Adequate casual
surveillance available.
|
Yes
|
|
DCP 2013: Part C - Development Specific Provisions -
C1: Low Density Residential Development
|
|
DCP Objective
|
Development Provisions
|
Proposed
|
Complies
|
|
Front Setbacks
|
|
44
|
a) Dwellings may incorporate an articulation zone to a
street frontage at no less than 3m from property boundary. The
following building elements are permitted within the articulation zone:
− an entry
feature or portico;
− a balcony,
deck, patio, pergola, terrace or verandah;
− a window box
treatment;
− a bay window or
similar feature;
− an awning or
other feature over a window;
− a sun shading
feature.
b) These building elements should not extend above the
eave gutter line, other than a pitched roof to an entry feature or portico
that has the same pitch as the roof on the dwelling house.
|
No change to existing front setbacks. No further building
elements proposed into the articulation zone.
|
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
|
Ocean Drive is a classified
road. No change to existing front setback which is 3.645m.
|
N/A
|
|
45
|
a) A garage, carport or car parking space should:
- be at least 5.5m from a front boundary, where the
dwelling has a setback of less than 4.5m.
|
No change to existing garage setback.
|
N/A
|
|
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.
|
5.17m garage door opening which
represents 66% of the building width.
|
No*
|
|
c) Driveway crossovers are no greater than 5.0m in width.
|
5m crossover proposed.
|
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 corner lot.
|
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).
|
No change to the existing rear setback of 2.52m.
|
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.
|
None proposed.
|
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.
|
No change to existing ground floor side setbacks
>900mm.
|
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 change to the existing first and second floor side
setbacks being 1.22m east side and 0.97m west side.
The orientation of the lot and shadow diagrams provided
demonstrate that primary living rooms and principal private open space areas
of any nearby adjacent dwellings are not adversely overshadowed for more than
3hrs between 9am - 3pm on 21 June.
|
Yes
|
|
c) First floors and above should have building walls that
step in and out at least every 12m by a minimum of 500mm articulation. Where
first floors and above are setback >3m, wall articulation is not required.
|
No changes to first floor wall lengths. Addition of the
open style alfresco area will not result in any second floor unarticulated
walls 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.
|
The existing dwelling does not currently have 35m2 of
private open or a directly accessible 4m x 4m area.
The addition of the second floor alfresco area provides
for more usable open space. Specifically a 3.86m x 7.7m dimensioned space,
comprising 29.7m2 in area.
|
No*
|
|
|
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.
|
No front fencing proposed.
|
N/A
|
|
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.
|
No front fencing proposed.
|
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,
|
No front fencing proposed.
|
N/A
|
|
c) have openings which make it not less than 25%
transparent (no individual opening more than 30mm wide);
|
No front fencing proposed.
|
N/A
|
|
d) provide a 3m x 3m splay for corner sites, and
|
No front fencing proposed.
|
N/A
|
|
e) provide a 900mm x 900mm splay for vehicle driveway
entrances.
|
No front fencing 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 dwelling has been designed to take advantage of views
to the north. The primary living areas and alfresco area on the second floor
is orientated north. Highlight windows and screening to both side of the
alfresco area have been utilised to protect privacy to adjoining
dwellings.
|
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.
|
Alfresco area on second floor provided with privacy
screening to both sides.
|
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.
|
Windows to living and family rooms on first floor are
highlight windows being at 1.7m from finished floor level.
|
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.
|
Highlight windows and privacy screening to alfresco area
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 ancillary development proposed.
|
N/A
|
The proposal seeks to vary development provision 45 relating
to the total width of the garage/carport openings should not be more than 6m
and not more than 50 percent of the width of the building. The proposal
incorporates a 5.17m garage door opening which
represents 66% of the building width.
The relevant objectives are:
· To minimise the impact of
garages and driveways on the streetscape, on street parking and amenity.
· To minimise the visual
dominance of garages in the streetscape.
· To provide safe and
functional vehicular access.
Having regard for the development provisions and relevant
objectives, the variation is considered acceptable for the following reasons:
· The existing
dwelling contains two garage doors of 2.7m in width i.e. combined 5.4m which
represents 69%. The development will replace these with a single 5.17m wide
panel lift garage door i.e. a reduction.
· The addition of
the front door and entry porch alongside the garage improves the streetscape
appearance and lessens the dominance of the garage.
The proposal seeks to vary development provision 48
requiring all dwellings 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 proposal does not provide a total of 35m2 of open space,
or a minimum 4m x 4m directly accessible area from a ground floor living area.
The relevant objectives are:
· To encourage useable
private open space for dwellings to meet the occupants’ requirements for
privacy, safety, access, outdoor activities and landscaping.
Having regard for the development provisions and relevant
objectives, the variation is considered acceptable for the following reasons:
· The
existing dwelling is not provided with a minimum of 35m2 of open space or a
directly accessible 4m x 4m area from ground floor living area.
· The
proposed alfresco area will provide additional directly accessible open space
area from the second floor living areas. The dimensions of the alfresco area
are 3.86m x 7.7m.
· The
proposal provides additional useable open space for dwellings and maintains
privacy to adjoining dwellings.
(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.
(iv) Any
matters prescribed by the Regulations
Demolition
of buildings AS 2601 - Clause 92
The partial demolition of the
existing dwelling to accommodate the alterations and additions is capable of
compliance with AS 2601. A suitable condition has been applied to ensure
compliance.
(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 Ocean Drive, Bonny Hills and contains
an existing three storey dwelling house. The site has approximately 3m of slope
from the rear towards Ocean Drive.
Existing development in the locality typically comprise a
mixture of two storey and three storey dwellings. The land adjoining at the
rear of the site is a vacant residential allotment.
Access, Traffic and Transport
The proposal will not have any significant adverse impacts
in terms access, transport and traffic. No additional residential occupancy is
proposed. The existing road network will
satisfactorily cater for traffic generation as a result of the development. The
existing driveway is to be upgraded as part of the proposed development.
Specific details will be required with Section 138 application. Appropriate
standard condition is recommended in this regard.
Water Supply Connection
Service available – details required with Section 68
application. Appropriate standard condition is recommended in this regard.
Sewer Connection
Service available – details required with Section 68
application. Appropriate standard condition is recommended in this regard.
Stormwater
Collection and disposal of stormwater is capable of being
managed. A preliminary stormwater management plan has been provided. Specific details
will be required with Section 68 application. Appropriate standard condition is
recommended in this regard.
Other Utilities
Telecommunication and electricity services are available to
the site.
Heritage
This site does not contain or adjoin any known heritage item
or site of significance. The site is considered to be disturbed land.
Other land resources
The site is within an established urban context and will not
sterilise any significant mineral or agricultural resource.
Water cycle
The proposed development will not have any significant
adverse impacts on water resources and the water cycle.
Soils
The proposed development will not have any adverse impacts
on soils in terms of quality, erosion, stability and/or productivity subject to
a standard condition requiring erosion and sediment controls to be in place
prior to and during construction if approval was granted.
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. Should approval be granted a standard
precautionary site management condition is 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.
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
concealment/entrapment areas or crime spots that would result in any
identifiable loss of safety or reduction of security in the immediate area.
Adequate casual surveillance is available.
Social impacts in the locality
Given the nature of the proposed development and its
location the proposal is not considered to have any significant adverse social
impacts.
Economic impact in the locality
The proposal is not considered to have any significant
adverse economic impacts on the locality. A likely positive impact is that the
development will maintain employment in the construction industry, which will
lead to flow impacts such as expenditure in the area.
Site design and internal design
The proposed development design
satisfactorily responds to the site attributes and will fit into the locality.
Construction
Construction impacts are considered capable of being
managed, standard construction and site management conditions have been
recommended.
Cumulative Impacts
The proposed development is not considered to have any
significant adverse cumulative impacts on the natural or built environment or
the social and economic attributes of the locality.
(c) The
suitability of the site for the development
The proposal will fit into the
locality and the site attributes are conducive to the proposed development.
(d) Any
submissions made in accordance with this Act or the Regulations
One (1) written
submission was received following public exhibition of the application. Copies
of the written submission have been provided separately to members of the DAP.
Key
issues raised in the submission received and comments are provided as follows:
|
Submission
Issue/Summary
|
Planning
Comment/Response
|
|
Potential stormwater impacts
from new retaining wall at rear diverting water onto adjoining units at 979
Ocean Drive.
|
A preliminary stormwater management plan has been provided
which demonstrates that drainage behind the new retaining wall at rear is to
be directed to Ocean Drive. Specific details will be required with Section 68
application. Appropriate standard condition is recommended in this regard.
|
(e) The Public Interest
The proposed development
satisfies relevant planning controls and will not adversely impact on the wider
public interest.
Ecologically Sustainable Development and Precautionary
Principle
Ecologically sustainable development requires the effective
integration of economic and environmental considerations in decision-making
processes.
The four principles of ecologically sustainable development
are:
· the
precautionary principle,
· intergenerational
equity,
· conservation
of biological diversity and ecological integrity,
· improved
valuation, pricing and incentive mechanisms.
The principles of ESD require that a balance needs to be
struck between the man-made development and the need to retain the natural vegetation.
Based on the assessment provided in the report and with recommended conditions
of consent, it is considered an appropriate balance has been struck.
Climate change
The proposal is not considered to be vulnerable to any risks
associated with climate change.
4. DEVELOPMENT
CONTRIBUTIONS APPLICABLE
The
proposal is for alterations and additions to the existing dwelling house. No
additional residential occupancy is proposed that would place any further
demand on public infrastructure. Development contributions will not be required
under S64/S7.11 for the following reasons:
5. CONCLUSION AND
STATEMENT OF REASON
The application has been assessed in accordance with Section
4.15 of the Environmental Planning and Assessment Act 1979.
Issues raised during assessment and public exhibition of the
application have been considered in the assessment of the application. Where
relevant, conditions have been recommended to manage the impacts attributed to
these issues.
The proposed development does
not raise any significant general public interest issues beyond matters already
addressed in this report. Overall, the proposed development is consistent with
the provisions and objectives of the relevant planning controls and will have
an acceptable impact on the surrounding natural and built environment. Approval
of the application is considered to be in the public interest as it achieves
the LEP objectives for development in the zone. No significant adverse
environmental, social or economic impacts on the locality have been identified.
Accordingly, the proposal is considered to be in the public interest.
|
Attachments
1⇩. DA2022 - 821.1
Recommended Conditions
2⇩. DA2022 - 821.1 Plans
3⇩. DA2022 - 821.1
Clause 4.6 Objection
|
