Agenda of Development Assessment Panel

Development Assessment Panel

ATTENDANCE REGISTER

Member	10/07/13	24/07/13	14/08/13	28/08/13	11/09/13
Paul Drake	P	P	P	P	P
Matt Rogers
Dan Croft Patrick Gailbraith-Robertson (alternate)	P	P	P	P	P
David Fletcher Paul Biron (alternate)	P	P	P	P	P
David Troemel	P	P	P	P	P

Member	25/09/13	09/10/13	23/10/13	13/11/13	27/11/13
Paul Drake	P	P	P	A	P
Matt Rogers				P
Dan Croft Patrick Gailbraith-Robertson (alternate)	P	P	P	P	P
David Fletcher Paul Biron (alternate)	P	P	P	P	P
David Troemel	P	P	P	P	P

Member	11/12/13
Paul Drake	P
Matt Rogers
Dan Croft Patrick Gailbraith-Robertson (alternate)	P
David Fletcher Paul Biron (alternate)	P
David Troemel (alternate)	P

Key: P = Present

A = Absent With Apology

X = Absent Without Apology

MINUTES Development Assessment

Panel Meeting

11/12/2013

PRESENT

Members:

Paul Drake

Dan Croft

David Fletcher

David Troemel

Other Attendees:

Ben Roberts

The meeting opened at 4.36pm.

01 ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

02 APOLOGIES

Nil.

03 CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Development Assessment Panel Meeting held on 27 November 2013 be confirmed.

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05 DA 2013 - 529 ADDITIONS TO EXISTING DWELLING 856 OCEAN DRIVE, BONNY HILLS LOT 77 DP 29766

Speakers:

Les Latham (o)

Robert Smallwood (applicant)

CONSENSUS:

That DA 2013 - 529 for additions to an existing dwelling at Lot 77, DP 29766, No. 856 Ocean Drive, Bonny Hills, be determined by granting consent subject to the recommended conditions and as amended below:

Add condition in Section D of the consent to read:

‘The demolition of any existing structure shall be carried out in accordance with Australian Standard AS 2601-1991: The Demolition of Structures. No demolition materials shall be burnt or buried on site. The person responsible for the demolition works shall ensure that all vehicles leaving the site carrying demolition materials have their loads covered and do not track soil or waste materials onto the road. Should the demolition works obstruct or inconvenience pedestrian or vehicular traffic on an adjoining public road or reserve, separate application shall be made to Council to enclose the public place with a hoarding fence.

Should asbestos be present, its removal shall be carried out in accordance with the National OH&S Committee – Code of Practice for Safe Removal of Asbestos and Code of Practice for the Management and Control of Asbestos in Workplaces.’

06 DA 2013 - 0492 - ADDITIONS TO ANIMAL BOARDING ESTABLISHMENT (BILLABONG ZOO)

Speakers:

Anna Hazenveld (o)

Mark Stone (applicant)

CONSENSUS:

That DA 2013/0492 for additions to animal boarding establishment at Lot 2, DP 231760, No. 61 Billabong Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions and as amended below:

Add condition in section B of the consent to read:

‘Prior to issue of construction certificate a building certificate is to be obtained for the building works undertaken to date.’

07 DA 2013 - 0497 - ADDITIONS TO DWELLING & ANCILLARY STRUCTURES

Speakers:

Russell Wallace (o)

Ray Stewart (o)

Scott Strahorn (applicant)

CONSENSUS:

That DA 2013/0497 for additions to dwelling and ancillary structures at Lot 38, DP 261990, No. 4 Jubaea Lane, Port Macquarie, be determined by granting consent subject to the recommended conditions.

08 GENERAL BUSINESS

Nil.

The meeting closed at 5.38pm.

AGENDA Description: Governance Strap.jpg Development Assessment Panel 22/01/2014

Item: 04

Subject: DISCLOSURES OF INTEREST

RECOMMENDATION

That Disclosures of Interest be presented

DISCLOSURE OF INTEREST DECLARATION

Name of Meeting: ………………………………………………………………………..

Meeting Date: ………………………………………………………………………..

Item Number: ………………………………………………………………………..

Subject: ………………………………………………………………………..

…………………………………………………….……………...…..

I, ..................................................................................... 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: ....................................................................................................

.......................................................................................................................................

Signed: ......................................................................... Date: ..................................

(Further explanation is provided on the next page)

Further Explanation

(Local Government Act and Code of Conduct)

A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.

All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.

Pecuniary Interest

A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)

A Council official will also be taken to have a pecuniary interest in a matter if that Council official’s spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)

The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting. (section 451)

Non-Pecuniary

A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.

Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

The political views of a Councillor do not constitute a private interest.

The management of a non-pecuniary interest will depend on whether or not it is significant.

Non Pecuniary – Significant Interest

As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves:

(a) A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council official’s spouse, current or former spouse or partner, de facto or other person living in the same household.

(b) Other relationships 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 a Council official an organisation, sporting body, club, corporation or association that is particularly strong.

If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways:

1. Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

2. Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.

Non Pecuniary – Less than Significant Interest

If a Council official has declared a non-pecuniary less than significant interest and it does not require further action, they must provide an explanation of why they consider that the conflict does not require further action in the circumstances.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

[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 land in which councillor or an associated person, company or body has a proprietary interest (the identified land)ⁱ

Relationship of identified land to councillor

[Tick or cross one box.]

 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).

 Associated person of councillor has interest in the land.

 Associated company or body of 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 landⁱⁱⁱ

[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

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

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

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting in respect of 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.

i. Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative^iv or because your business partner or employer has a pecuniary interest. You may 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.

ii. Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

iii. 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 section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993.

iv. Relative is defined by the Local Government Act 1993 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.

AGENDA Description: Governance Strap.jpg Development Assessment Panel 22/01/2014

Item: 05

Subject: DA 2013 - 0526 - Recreation Facility (Indoor) - Lot 2 DP 1048212 Batar Creek Road, Kendall

Report Author: Benjamin Roberts

Property: Lot 2 DP 1048212, Batar Creek Road, Kendall

Applicant: Camden Haven Boxing Team Inc

Owner: Camden Haven P A H & I Society

Application Date: 8 October 2013

Estimated Cost: $47,000

Location: Kendall

File no: DA 2013 - 0526

Parcel no: 40135

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2013/0526 for a Recreation Facility (Indoor) at Lot 2, DP 1048212, Batar Creek Road, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Development Application for a Recreation Facility (Indoor) at the subject site. The buildings are to be constructed in stages and are intended to be used as a health, fitness and training centre.

This report provides an assessment of the application in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

Subsequent to exhibition of the application, one (1) submission has been received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 11.81 hectares.

The site is zoned RE2 Private Recreation 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 immediate locality is shown in the following aerial photograph:

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the application proposal include the following:

· Staged construction of a health, training and fitness centre buildings

Refer to attachments at the end of this report.

Application Chronology

· 8 October 2013 - Application lodged.

· 15-29 October 2013 - Public exhibition via neighbour notification.

· 11 October 2013 - Request for additional information.

· 16 October 2013 - Additional information received.

3. STATUTORY ASSESSMENT

Section 79C(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 44 - Koala Habitat Protection

The application has demonstrated that no significant tree removal is proposed as part of the development. No Koala Plan of Management exists over the site. The provisions of this policy are not considered applicable.

State Environmental Planning Policy 55 – Remediation of Land

In accordance with clause 7, 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.

The requirements of this SEPP are therefore satisfied.

State Environmental Planning Policy 64 - Advertising and Signage

No signage is proposed as part of this development application.

Port Macquarie-Hastings Local Environmental Plan 2011

In accordance with clause 2.2, the subject site is zoned RE2 Private Recreation.

In accordance with clause 2.3(1) and the RE2 Private Recreation zone land use table, the proposed development for a recreation facility (indoor) is a permissible land use with consent.

The objectives of the RE2 Private Recreation zone are as follows:

• To enable land to be used for private open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

In accordance with clause 2.3(2), the proposal is consistent with the zone objectives,

particularly as the proposal is a permissible landuse and is consistent with the

existing use of the site.

In accordance with clause 5.9 there is no significant tree removal proposed as part of the development proposal.

In accordance with clause 5.9 the site does not contain or adjoin any items of heritage significance.

In accordance with clause 7.13, existing arrangements are in place for provision of

essential public utility infrastructure.

The requirements of this LEP are therefore satisfied.

(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:

Port Macquarie Hastings Development Control Plan 2011

The proposed development is quite unique in nature and no specific building related

controls of this plan apply to the development.

The following table addresses the relevant general provisions of this plan:

	Requirements	Proposed	Complies
DP1.1	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	Adequate casual surveillance available	Yes
DP11.1 onwards	Removal of hollow bearing trees	No tree removal proposed.	N/A
DP1.1	Tree removal (3m or higher with 100m diameter trunk and 3m outside dwelling footprint	N/A	N/A
	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.	Yes
DP2.1	New accesses not permitted from arterial or distributor roads	Existing access to be used.	Yes
DP2.3	Driveway crossing/s minimal in number and width including maximising street parking	Existing access.	N/A
DP7.1	Visitor parking to be easily accessible		Yes
DP11.1	Section 94 contributions	Refer to main body of report.	Yes
DP3.1	Off-street Parking spaces:	Sufficient space available for off-street parking on the site.	Yes

(iiia) any planning agreement that has been entered into under Section 93f or any draft planning agreement that a developer has offered to enter into under Section 93f:

No planning agreement offered or entered into regarding the site.

iv) any matters prescribed by the Regulations:

No matters prescribed by the regulations apply.

v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates:

No coastal zone management plan applies to the site.

(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 & Setting

The site is an existing showground with street frontage Batar Creek Road, Kendall.

Adjoining the site to the north-east and north-west are existing residential lots occupied by dwelling-houses.

Adjoining the site to the east is the north coast railway line.

Adjoining the site to the south and west are residential zoned parcels of land which have not yet been subdivided. To the south-east is a rural zoned parcel of land.

The proposal will be unlikely to have any adverse impacts to existing adjoining properties and satisfactorily addresses the public domain.

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

The proposal does not have any significant identifiable adverse lighting impacts.

There are no significant adverse privacy impacts.

Access, Transport & Traffic

The proposal will be unlikely to have any adverse impacts within the immediate locality in terms access, transport and traffic.

The site has a bitumen sealed entry from Batar Creek Road into the site of approximately 15m then driveway/road access within showground is to a gravel standard.

The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

Sewer

The plans supplied with the development application do not show any associated amenities and there is no proposed sewer connection.

It is intended that the existing amenities provided on the showground site will be utilised by patrons of this development.

Stormwater

Capable of being managed onsite. Details to be provided with section 68 application.

Water

The plans supplied with the development application do not show any associated amenities and there is no proposed connection.

It is intended that the existing amenities provided on the showground site will be utilised by patrons of this development.

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during construction.

Air & Micro-climate

The operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution.

The 15m entry into the showground site is sealed. Beyond the boundary the access road is gravel. The anticipated increase in traffic when considered in conjunction with the recent developments of the Men’s shed and camping ground has the potential to increase dust being generated from vehicle movements.

The applicant has indicated that the owner intends to seal the section of gravel access road to alleviate the dust problem. To formalise this undertaking a condition of consent has been recommended requiring the sealing works to be undertaken within a six (6) month period. A condition is also recommended to manage dust suppression with water application during the short term.

Flora & Fauna

Construction of the proposed development will not require any removal/clearing of any significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna. Section 5A of the Act is considered to be satisfied.

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated.

Energy

No adverse impacts anticipated.

Noise & Vibration

No adverse impacts anticipated. Condition recommended to restrict construction to standard construction hours.

Natural Hazards

The site is of the proposed development is not mapped as bushfire prone.

Safety, Security & 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.

The facility is an existing established showground.

Social Impact in the Locality

Given the nature of the proposed development and its’ location the proposal is unlikely to result in any adverse social impacts.

Economic Impact in the Locality

No adverse impacts. Likely positive impacts can be attributed to the development.

Site Design and Internal Design

The proposed development design is satisfactorily responds to the site attributes and will fit into the locality. No adverse impacts likely.

Construction

No potential adverse impacts identified to neighbouring properties with the construction of the proposal.

Cumulative Impacts

The proposed development is not expected to have any 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 has been received following completion of the required public exhibition of the application.

Key issues raised in the submission received and comments in response to these issues are provided as follows:

Submission Issue/Summary	Planning Comment/Response
The entrance road to the showground is gravel only and creates a dust problem to the adjoining dwelling. The increase in traffic from recent development of men’s shed and camping ground have exacerbated the problem.	Noted. The applicant has advised that the land owner intends to seal the entrance to the showground. Given recent development and anticipated increase in traffic it is considered that the section of the access be sealed. A condition to this effect has been recommended. A condition has also been recommended to manage dust suppression with water application during the short term.

(e) The Public Interest:

The proposed development satisfies relevant planning controls and is unlikely to impact on the wider public interest.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

Refer to draft contribution schedule attached to this report and recommended conditions.

5. CONCLUSION

The application has been assessed in accordance with Section 79C 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 site is suitable for the proposed development, is not contrary to the public's interest and will not have a significant adverse social, environmental or economic impact. Consequently, it is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

Attachments

1 View. DA2013 - 0526 Plans .pdf

2 View. DA2013 - 0526 Submission - Smith

3 View. DA2013 - 0526 Recommended Conditions

4 View. DA2013 - 0526 SoEE.

5 View. DA2013 - 0526 Development Contributions Calculation Sheet, Stage No. 1.

6 View. DA2013 - 526 Development Contributions Calculation Sheet, Stage No. Total

AGENDA Description: Governance Strap.jpg Development Assessment Panel 22/01/2014

Item: 06

Subject: Section 96 Modification to DA2011 - 657 to alter design of previous approved shoptop housing including relocating private balconies - 43-47 Hastings Street, Wauchope

Report Author: Patrick Galbraith-Robertson

Property: Lots 1 and 2 DP 154426, and Lot 1 DP 780641, 43-47 Hastings Street

Applicant: Griffiths Property Holdings Pty Ltd

Owner: Griffiths Property Holdings Pty Ltd

Application Date: 3 December 2013

Estimated Cost: N/A

Location: Wauchope

File no: DA2011 - 657

Parcel no: 38991, 9330, 8327

Alignment with Delivery Program

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

RECOMMENDATION

That Section 96 Modification to DA 2011 - 657 to alter design of previous approved shop top housing including relocating private balconies at Lots 1 and 2 DP 154426, and Lot 1 DP 780641, 43-47 Hastings Street, Wauchope be determined by granting the modification consent subject to the following recommended condition amendments:

Amend Condition A(1) to update the table of plan references to reflect ‘Revision 1’ plans.

Executive Summary

This report considers a Section 96 Modification to DA 2011 - 657 to alter the design of previous approved shop top housing including relocating private balconies at the subject site.

This report provides an assessment of the application in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

Subsequent to exhibition of the application, 1 submission has been received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 2011.8m2.

The site

was zoned B2 Local Centre in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

The site is occupied by an existing hardware shop and dwelling at the rear of the property.

The existing subdivision pattern and location of existing development within the immediate locality is shown in the following aerial photograph (note aerial does not line up with cadastre):

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the application proposal include the following:

· Modification to the design layout of the previous approved 3 shop top dwellings primarily with regard to relocating the private balconies from the south to northern side of the building.

Refer to attachments at the end of this report.

Application Chronology

· 11 April 2012 - Deferred commencement consent approval issued by the Development Assessment Panel.

· 17 May 2012 - Original DA consent became operable.

· 3 December 2013 - Application lodged.

· 10 to 23 December 2013 - Neighbour notification consultation

3. STATUTORY ASSESSMENT

Is the proposal substantially the same?

Section 96 of the Environmental Planning and Assessment Act 1979 enables the modification of consents and categorises modification into three categories - S.96 (1) for modifications involving minor error, misdescription or miscalculation; S.96 (1A) for modifications involving minimal environmental impact; and S.96 (2) for other modifications.

The proposal will not alter the fundamental essence of the development primarily comprising three(3) shop top dwellings to be altered in the same location and therefore will be substantially the same development. The modification application is being considered under the provisions of Section 96(1A).

Are there any condition(s) of consent imposed by a Minister, government or public authority that require modification?

No conditions were imposed by any other authorities other than Council.

Does the application require notification/advertising in accordance with the regulations and/or any Development Control Plan?

Neighbour notification consultation has been completed in accordance with the provisions of DCP 2013.

Any submissions made concerning the modification?

One (1) submission has been received following completion of the required neighbour consultation of the application.

Key issues raised in the submission received and comments in response to these issues are provided as follows:

Submission Issue/Summary	Planning Comment/Response
Entry to the front unit now from public footpath instead of driveway which is for Hilberts Hardware customers and was not appropriate for private entry.	Previous original approved plans (via operable development consent post deferred commencement consent being issued) altered main entry from side driveway to public footpath of Hastings Street. No change with modification proposal.
Verandahs of each unit have been relocated from the southern to northern side of building, over the driveway between Hilberts Hardware and the Uniting Church. They will overlook the Uniting Church and privacy issues may arise with noise being a major problem. Noise will affect the Services of the Church on any given day.	It is confirmed that the private balconies for each unit will be relocated from the south to north side. No adverse privacy impacts identified particularly as the Church does not have a defined private open space area with open grassed and entry area fronting Hastings Street and is not a residential use. Privacy requirements of Council’s Development Control Plan and typical planning assessments of developments focus on inter privacy issues between residential properties and not commercial. No adverse noise issues can be identified. It is noted that the site currently has a hardware store with truck deliveries etc.
Question whether original concerns raised with original application have been addressed.	The original concerns related to fire safety, pedestrian conflict with delivery vehicles, adequacy of clothes drying facilities, car parking and open space. These issues were addressed satisfactorily in the original DA which was reported to the Development Assessment Panel in April 2012. The DAP approved the development.

Any matters referred to in Section 79C(1) relevant to the modification?

Development Control Plan 2011

The proposal essentially comprises a change of private open space - balconies being relocated from the southern side to the northern side of the building. There is a minor reduction in gross floor area of 23m3 which will result in a reduced calculated gross floor area. There were no guidelines in place at the time of original assessment to require compliance with a GFA.

No adverse privacy impacts can be identified from relocating the balconies from the southern side of the building to the northern side of the building. Note comments in submissions section regarding adjoining Uniting Church.

The concerns raised in the submission originally submitted are not contravened with the modified proposal - the relocated balconies address part of the submission more positively than the original proposal in regards to location of private open space (north aspect more favourable then south).

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

No development contributions applicable to the modification proposal.

5. CONCLUSION

The application has been assessed in accordance with Section 96 of the Environmental Planning and Assessment Act 1979.

Issues raised during assessment and neighbour consultation of the application have been considered in the assessment of the application.

The site remains suitable for the modified proposed development, is not contrary to the public's interest and will not have a significant adverse social, environmental or economic impact. Consequently, it is recommended that the modification application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

Attachments

1 View. DA2011 - 0657.2 Plans

2 View. DA2011 - 0657.2 Submission - Uniting Church in Australia

3 View. DA2011 - 0657.2 DAP Report 11 April 2012