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
19/03/2025
Subject: DISCLOSURES
OF INTEREST
RECOMMENDATION
That Disclosures of Interest be presented
DISCLOSURE OF
INTEREST DECLARATION
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Name of Meeting:
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Meeting
Date:
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Item
Number:
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Subject:
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I,
the undersigned, hereby declare the following interest:
Pecuniary:
 Take no part
in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary
– Significant Interest:
Take no part
in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary
– Less than Significant Interest:
May
participate in consideration and voting.
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For
the reason that:
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Name:
Signed:
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Date:
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Please submit to the
Governance Support Officer at the Council Meeting.
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(Refer
to next page and the Code of Conduct)
Pecuniary Interest
4.1
A pecuniary interest is an interest
that you have in a matter because of a reasonable likelihood or expectation of
appreciable financial gain or loss to you or a person referred to in clause
4.3.
4.2
You will not have a pecuniary
interest in a matter if the interest is so remote or insignificant that it
could not reasonably be regarded as likely to influence any decision you might
make in relation to the matter, or if the interest is of a kind specified in
clause 4.6.
4.3
For the purposes of this Part, you
will have a pecuniary interest in a matter if the pecuniary interest is:
(a)
your interest, or
(b)
the interest of your spouse or de
facto partner, your relative, or your partner or employer, or
(c)
a company or other body of which
you, or your nominee, partner or employer, is a shareholder or member.
4.4
For the purposes of clause 4.3:
(a)
Your “relative” is any
of the following:
(b)
“de facto partner” has
the same meaning as defined in section 21C of the Interpretation Act 1987.
4.5
You will not have a pecuniary
interest in relation to a person referred to in subclauses 4.3(b) or (c)
(a)
if you are unaware of the relevant
pecuniary interest of your spouse, de facto partner, relative, partner,
employer or company or other body, or
(b)
just because the person is a member
of, or is employed by, a council or a statutory body, or is employed by the
Crown, or
(c)
just because the person is a member
of, or a delegate of a council to, a company or other body that has a pecuniary
interest in the matter, so long as the person has no beneficial interest in any
shares of the company or body.
Non-Pecuniary
5.1
Non-pecuniary interests are private
or personal interests a council official has that do not amount to a pecuniary
interest as defined in clause 4.1 of this code. These commonly arise out of
family or personal relationships, or out of involvement in sporting, social,
religious or other cultural groups and associations, and may include an
interest of a financial nature.
5.2
A non-pecuniary conflict of
interest exists where a reasonable and informed person would perceive that you
could be influenced by a private interest when carrying out your official
functions in relation to a matter.
5.3
The personal or political views of
a council official do not constitute a private interest for the purposes of
clause 5.2.
5.4
Non-pecuniary conflicts of interest
must be identified and appropriately managed to uphold community confidence in
the probity of council decision-making. The onus is on you to identify any
non-pecuniary conflict of interest you may have in matters that you deal with,
to disclose the interest fully and in writing, and to take appropriate action
to manage the conflict in accordance with this code.
5.5
When considering whether or not you
have a non-pecuniary conflict of interest in a matter you are dealing with, it
is always important to think about how others would view your situation.
Managing
non-pecuniary conflicts of interest
5.6
Where you have a non-pecuniary
conflict of interest in a matter for the purposes of clause 5.2, you must
disclose the relevant private interest you have in relation to the matter fully
and in writing as soon as practicable after becoming aware of the non-pecuniary
conflict of interest and on each occasion on which the non-pecuniary conflict
of interest arises in relation to the matter. In the case of members of council
staff other than the Chief Executive Officer, such a disclosure is to be made
to the staff member’s manager. In the case of the Chief Executive Officer,
such a disclosure is to be made to the mayor.
5.7
If a disclosure is made at a
council or committee meeting, both the disclosure and the nature of the
interest must be recorded in the minutes on each occasion on which the
non-pecuniary conflict of interest arises. This disclosure constitutes
disclosure in writing for the purposes of clause 5.6.
5.8
How you manage a non-pecuniary
conflict of interest will depend on whether or not it is significant.
5.9
As a general rule, a non-pecuniary
conflict of interest will be significant where it does not involve a pecuniary
interest for the purposes of clause 4.1, but it involves:
a) a relationship between a council official and another
person who is affected by a decision or a matter under consideration that is
particularly close, such as a current or former spouse or de facto partner, a
relative for the purposes of clause 4.4 or another person from the council
official’s extended family that the council official has a close personal
relationship with, or another person living in the same household
b)
other relationships with persons
who are affected by a decision or a matter under consideration that are
particularly close, such as friendships and business relationships. Closeness
is defined by the nature of the friendship or business relationship, the
frequency of contact and the duration of the friendship or relationship.
c)
an affiliation between the council
official and an organisation (such as a sporting body, club, religious,
cultural or charitable organisation, corporation or association) that is
affected by a decision or a matter under consideration that is particularly
strong. The strength of a council official’s affiliation with an
organisation is to be determined by the extent to which they actively
participate in the management, administration or other activities of the
organisation.
d)
membership, as the council’s
representative, of the board or management committee of an organisation that is
affected by a decision or a matter under consideration, in circumstances where
the interests of the council and the organisation are potentially in conflict
in relation to the particular matter
e)
a financial interest (other than an
interest of a type referred to in clause 4.6) that is not a pecuniary interest
for the purposes of clause 4.1
f)
the conferral or loss of a personal
benefit other than one conferred or lost as a member of the community or a
broader class of people affected by a decision.
5.10 Significant non-pecuniary conflicts of interest must be
managed in one of two ways:
a)
by not participating in
consideration of, or decision making in relation to, the matter in which you
have the significant non-pecuniary conflict of interest and the matter being
allocated to another person for consideration or determination, or
b)
if the significant non-pecuniary
conflict of interest arises in relation to a matter under consideration at a
council or committee meeting, by managing the conflict of interest as if you
had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.
5.11 If you determine that you have a non-pecuniary conflict
of interest in a matter that is not significant and does not require further
action, when disclosing the interest you must also explain in writing why you
consider that the non-pecuniary conflict of interest is not significant and
does not require further action in the circumstances.
5.12 If you are a member of staff of council other than the Chief
Executive Officer, the decision on which option should be taken to manage a
non-pecuniary conflict of interest must be made in consultation with and at the
direction of your manager. In the case of the Chief Executive Officer, the
decision on which option should be taken to manage a non-pecuniary conflict of
interest must be made in consultation with and at the direction of the mayor.
5.13
Despite clause 5.10(b), a
councillor who has a significant non-pecuniary conflict of interest in a
matter, may participate in a decision to delegate consideration of the matter
in question to another body or person.
5.14
Council committee members are not
required to declare and manage a non-pecuniary conflict of interest in
accordance with the requirements of this Part where it arises from an interest
they have as a person chosen to represent the community, or as a member of a
non-profit organisation or other community or special interest group, if they
have been appointed to represent the organisation or group on the council
committee.
SPECIAL
DISCLOSURE OF PECUNIARY INTEREST DECLARATION
This
form must be completed using block letters or typed.
If
there is insufficient space for all the information you are required to
disclose,
you
must attach an appendix which is to be properly identified and signed by you.
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By
[insert full name of councillor]
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In the
matter of
[insert name of environmental planning instrument]
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Which is
to be considered at a meeting of the
[insert name of meeting]
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Held on
[insert date of meeting]
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PECUNIARY INTEREST
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Address of
the affected principal place of residence of the councillor or an associated
person, company or body (the identified land)
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Relationship
of identified land to councillor
[Tick or cross one box.]
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The councillor has interest in the land (e.g. is owner or has other
interest arising out of a mortgage, lease, trust, option or contract, or
otherwise).
An associated person of the councillor has an interest in the land.
An associated company or body of the councillor has interest in the land.
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MATTER GIVING RISE TO PECUNIARY INTEREST
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Nature of
land that is subject to a change
in
zone/planning control by proposed
LEP (the
subject land
[Tick or cross one box]
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The identified land.
Land that adjoins or is adjacent to or is in proximity to the identified
land.
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Current
zone/planning control
[Insert name of current planning instrument and
identify relevant zone/planning control applying to the subject land]
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Proposed
change of zone/planning control
[Insert name of proposed LEP and identify proposed
change of zone/planning control applying to the subject land]
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Effect of
proposed change of zone/planning control on councillor or associated person
[Tick or cross one box]
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Appreciable financial gain.
Appreciable financial loss.
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[If more than one pecuniary interest is to be
declared, reprint the above box and fill in for each additional interest]
Councillor’s Signature:
……………………………….
Date: ………………..
This form is to be retained
by the council’s Chief Executive Officer and included in full in the
minutes of the meeting
Last Updated: 3 June 2019
Important Information
This information is being collected for the purpose of
making a special disclosure of pecuniary interests under clause 4.36(c) of the
Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).
The special disclosure must relate only to a pecuniary
interest that a councillor has in the councillor’s principal place of
residence, or an interest another person (whose interests are relevant under
clause 4.3 of the Model Code of Conduct) has in that person’s principal
place of residence.
Clause 4.3 of the Model Code of Conduct states that you
will have a pecuniary interest in a matter because of the pecuniary interest of
your spouse or your de facto partner or your relative or because your business
partner or employer has a pecuniary interest. You will also have a pecuniary
interest in a matter because you, your nominee, your business partner or your
employer is a member of a company or other body that has a pecuniary interest
in the matter.
“Relative” is defined by clause 4.4 of the
Model Code of Conduct as meaning your, your spouse’s or your de facto
partner’s parent, grandparent, brother, sister, uncle, aunt, nephew,
niece, lineal descendant or adopted child and the spouse or de facto partner of
any of those persons.
You
must not make a special disclosure that you know or ought reasonably to know is
false or misleading in a material particular. Complaints about breaches
of these requirements are to be referred to the Office of Local Government and
may result in disciplinary action by the Chief Executive of the Office of Local
Government or the NSW Civil and Administrative Tribunal.
This form must be completed by you before the commencement
of the council or council committee meeting at which the special disclosure is
being made. The completed form must be tabled at the meeting. Everyone is
entitled to inspect it. The special disclosure must be recorded in the minutes
of the meeting.
A pecuniary interest may arise by way of a change of
permissible use of land adjoining, adjacent to or in proximity to land in which
a councillor or a person, company or body referred to in clause 4.3 of the
Model Code of Conduct has a proprietary interest
Development Assessment Panel
19/03/2025
Item: 05
Subject: DA2025 - 34.1 Change of Use to Dual Occupancy
and Strata Title Subdivision at Lot 10 DP 591359, No. 159 Lake Road Port
Macquarie
Report
Author: Development Assessment Officer (Planning), Patrick Galbraith-Robertson
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Applicant: CE & DA MALTMAN
Owner: CE & DA MALTMAN
Estimated Cost: $10,000
Alignment with Delivery
Program
4.3.1 Undertake transparent and
efficient development assessment in accordance with relevant legislation.
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RECOMMENDATION
That
DAP recommend to Council that DA2025 - 34.1 for a change of use to dual
occupancy and strata title subdivision at Lot
10, DP 591359, No. 159 Lake Road, Port
Macquarie, be determined by granting consent subject
to the recommended conditions.
Executive
Summary
This report considers a
development application for a change of use to dual occupancy and strata
title subdivision at the subject site and provides an
assessment of the application in accordance with the Environmental Planning and
Assessment Act 1979.
Following exhibition of the
application, no submissions were received.
The site is considered suitable for the proposed development
and the proposal adequately addresses relevant planning controls. The
development is not considered to be contrary to the public's interest and will
not result a significant adverse social, environmental or economic impact.
This report recommends that the development application be
supported by DAP and recommended to be approved by Council subject to the
attached conditions. (Attachment 1).
The reason for the application being referred to
Council’s Development Assessment Panel (DAP) is because the applicant and
part owner for the DA is a Councillor. Council has a ‘Determining
Applications Lodged by Councillors and Staff Policy’ which requires the
final determination of this DA to be made at an Ordinary Meeting of Council via
consideration by 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 1840m2.
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:
The site is currently occupied
by a completed approved dwelling and secondary dwelling. This development was
approved under DA2022 - 684. A final Occupation Certificate was issued by
Council on 7 June 2023.
2. DESCRIPTION
OF DEVELOPMENT
Key
aspects of the proposal include the following:
· Change
of use from dwelling and secondary dwelling to dual occupancy; and
· 2
lot Strata title subdivision.
Plans
of the proposed development are at the end of this report, (Attachment 2).
Application
Chronology
· 4
February 2025 - DA lodged.
· 6 February 2025 - Essential Energy referral advice
received.
· 10 to 23 February 2025 - Neighbour notification to
proposal.
· 11 February 2025 - Essential Energy advice forwarded to
applicant for consideration, request for development plans (in addition to
strata plans) and request for site inspection.
· 13 February 2025 - Development plans received.
· 13 February 2025 - Site inspection by assessing officer.
· 14 February 2025 - Assessment update to applicant.
· 25 February 2025 - Assessment update to applicant.
· 5 March 2025 - Assessment update to applicant including
update on development contributions status.
· 5 March 2025 - Applicant advised that application to be
reported to DAP and Ordinary Meeting of Council for determination.
3. STATUTORY
ASSESSMENT
Section
4.15(1) Matters for Consideration
In
determining the application, Council is required to take into consideration the
following matters as are relevant to the development that apply to the land to
which the development application relates:
(a) The
provisions (where applicable) of:
(i) Any
Environmental Planning Instrument
State Environmental Planning Policy (Housing) 2021
Chapter 2 Affordable Housing
Chapter 3 Diverse Housing
Part 1 - Secondary Dwellings - proposal is to change from
previous approved secondary dwelling and in principal dwelling to dual
occupancy. These provisions no longer apply.
State Environmental Planning Policy (Biodiversity and
Conservation) 2021
Chapter 4 Koala Habitat Protection 2021
Clause 4.4 - This SEPP applies to all non-rural zoned land
within the Port Macquarie-Hastings Local Government Area.
Clause 4.10 (other land - not subject to
Clause 4.8 or 4.9) - Having considered the SEPP, the application and on
completion of a site inspection, Council is not prevented from granting consent
in this case for the following reasons:
1. The property is not subject to a KPOM, or
2. The site not considered to be core koala habitat.
State Environmental Planning Policy (Resilience and
Hazards) 2021
Chapter 2 Coastal Management
Clause 2.5 - This SEPP prevails over the Port
Macquarie-Hastings LEP 2011 in the event of any inconsistency.
Having
regard to clause 2.8 (proximity to coastal wetlands) of this SEPP, the proposed
development is not considered likely to result in any of the following:
(a) identifiable
adverse impacts on the biophysical, hydrological and ecological integrity of
the nearby coastal wetland; and
(b) identifiable
impacts to water flows to the nearby coastal wetland.
The site is located within a coastal use area 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 funneling and the loss of views from public places
to foreshores; and
i) any
adverse impacts on existing public open space and safe access to
and along the foreshore, beach, headland or rock platform for members of the
public, including persons with a disability.
The bulk, scale and size of the proposed development is
compatible with the surrounding coastal and built environment. The site is
predominately cleared and located within an area zoned for residential
purposes.
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
BASIX addressed in previous DA2022 - 684.
State Environmental Planning Policy (Transport and
Infrastructure) 2021
Clause 2.48 - Development in proximity to electricity
infrastructure - referral to Essential Energy has been completed having regard
for any of the following:
(a) the
penetration of ground within 2m of an underground electricity power line or an
electricity distribution pole or within 10m of any part of an electricity
tower,
(b) development
carried out:
(i) within
or immediately adjacent to an easement for electricity purposes (whether or not
the electricity infrastructure exists), or
(ii) immediately
adjacent to an electricity substation, or
(iii) within
5m of an exposed overhead electricity power line,
(c) installation
of a swimming pool any part of which is:
(i) within
30m of a structure supporting an overhead electricity transmission line,
measured horizontally from the top of the pool to the bottom of the structure
at ground level, or
(ii) within 5m of an overhead electricity power line, measured vertically
upwards from the top of the pool.
Essential Energy have no specific concerns regarding the
development but have provided some general advice. The advice received from
Essential Energy has been forwarded the Applicant for consideration.
Clause 2.119 refers to development with frontage to a
classified road. In this case, the development does not create any additional
crossovers onto the classified road or substantial increase in traffic.
Therefore, no adverse impact on the road network will occur.
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.
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 a dual
occupancy is a permissible landuse with consent.
The objectives of the R1 zone are as
follows:
o To
provide for the housing needs of the community.
o To
provide for a variety of housing types and densities.
o To
enable other land uses that provide facilities or services to meet the day to
day needs of residents.
Clause 2.3(2) - The proposal is
consistent with the zone objectives having regard to the following:
o The proposal will provide for
a variety of housing type which is permissible with consent.
· Clause
4.1 - There is a minimum 450m2 standard lot size requirement applying to the site for subdivision
does not apply to the proposal as it proposes a strata subdivision.
· Clause
5.10 - The site does not contain or adjoin any known heritage items or sites of
significance.
· Clause
7.13 - Satisfactory arrangements are in place for provision of essential
services including water supply, electricity supply, sewer infrastructure,
stormwater drainage and suitable road access to service the development.
(ii) Any draft
instruments that apply to the site or are on exhibition
No draft instruments apply to the site.
(iii) Any Development
Control Plan in force
Port
Macquarie-Hastings Development Control Plan 2013 (DCP)
Key considerations of this DCP
relating the change of use conversion from dwelling and second dwelling to dual
occupancy relate only to the following:
· Development Provision 24 Parking Provision Carparking
provided for both dwellings is made with 1 nominated off-street parking space
for each dwelling. There is a standard requirement for provision of a minimum 2
parking spaces for a dual occupancy. An existing double garage services the
front dwelling and a single garage and carport for the rear dwelling. The
strata reflects the parking to be assigned also.
· Development Provision 48 Private open space - Both
dwellings have >35m2 in private open space compliant with the original
approval as assessed.
There
are no other physical design changes to the proposal to that already approved
and constructed under DA2022 - 684.
(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
Nil
(b) The likely
impacts of that development, including environmental impacts on both the
natural and built environments, social and economic impacts in the locality
Context and Setting
The proposal will not have any significant adverse impacts
to existing adjoining properties and satisfactorily addresses the public
domain.
The proposal is considered to be sufficiently compatible
with other development in the locality and adequately addresses planning
controls for the area.
The proposal does not have a significant adverse impact on
existing view sharing.
The proposal does not have significant adverse lighting
impacts.
There are no significant adverse privacy impacts.
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.
Access, Traffic and Transport
The proposal will not have any significant adverse impacts
in terms access, transport and traffic. The existing road network will
satisfactorily cater for any increase in traffic generation as a result of the
development.
Water Supply Connection
Water Supply is available to the site. Prior to the issue of
a Strata Certificate a section 307 certificate will be required. 2 x water
meters observed on-site during assessment.
Appropriate condition is recommended in this regard.
Sewer Connection
Sewer is available to the site. Prior to the issue of a
Strata Certificate a section 307 certificate will be required.
Appropriate condition is recommended in this regard.
Stormwater
No change to existing approved arrangements.
Other Utilities
Telecommunication and electricity services are available to
the site.
Heritage
Following a site inspection (and a search of Council
records), no known items of Aboriginal or European heritage significance exist
on the property. No adverse impacts anticipated. 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 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 noting no new dwellings are proposed.
No adverse impacts anticipated. Standard precautionary site management
condition recommended.
Energy
The proposal includes measures to address energy efficiency.
The dwellings currently constructed on-site have been subject to BASIX
assessments. No adverse impacts anticipated.
Noise and vibration
No impacts identified and no new works proposed.
Bushfire
The site is identified as being bushfire prone.
The current approved dwellings on-site have been subject to
assessment under Planning for Bushfire Protection 2019 guidelines.
The front dwelling has been constructed to Bushfire Attack
Level (BAL) 12.5 and the rear dwelling constructed to BAL 19.
Safety, security and crime prevention
The proposed development is 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.
Cumulative impacts
The proposed development is not considered to have any
significant adverse cumulative impacts on the natural or built environment or
the social and economic attributes of the locality.
(c) The
suitability of the site for the development
The proposal will fit into the locality and the site
attributes are conducive to the proposed development.
Site constraints of bushfire risk has been adequately
addressed with no additional construction requirements to that already approved
and constructed.
(d) Any
submissions made in accordance with this Act or the Regulations
No written
submissions were received following public exhibition of the application.
(e) The Public Interest
The proposed development
satisfies relevant planning controls and will not adversely impact on the wider
public interest.
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 sewerage system head
works under Section 64 of the Local Government Act 1993. 2 water meters have
been installed and water contributions already paid.
The
following consent condition was imposed on the current development completed
on-site:
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.
Conditions
recommended.
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 of the application have been
considered in the assessment of the application. Where relevant, conditions
have been recommended to manage the impacts attributed to these issues.
The proposed development does
not raise any significant general public interest issues beyond matters already
addressed in this report. Overall, the proposed development is consistent with
the provisions and objectives of the relevant planning controls and will have
an acceptable impact on the surrounding natural and built environment. Approval
of the application is considered to be in the public interest as it achieves
the LEP objectives for development in the zone. No significant adverse
environmental, social or economic impacts on the locality have been identified.
Accordingly, the proposal is considered to be in the public interest.
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Attachments
1⇩. Attachment 1 -
Recommended Conditions
2⇩. Attachment 2 - Plans
3⇩. Attachment 3 -
Contribution Estimate
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