Agenda of Sustainable Development Committee

Sustainable Development Committee 2 June 2015

2.2 Development Application DA 150/2015(1) - Tenancy 5 - Summer Centre - Lot 1 Summer Street

TRIM REFERENCE: 2015/1320

AUTHOR: Andrew Crump, Senior Planner

EXECUTIVE Summary

Application lodged	11 May 2015
Applicant/s	Mr SI Munro
Owner/s	Australian Executor Trustees Limited
Land description	Lot 1 DP 1181850 - Tenancy 5 - Summer Centre - Summer Street, Orange
Proposed land use	Shop (fitout of a new butchery)
Value of proposed development	$20,000

Council's consent is sought for the fitout of a butcher shop within an existing tenancy within the Summer Centre Shopping Centre. The land is described as Lot 1 DP 1181850, known as Tenancy 5 - Summer Centre - Summer Street, Orange. The development is consistent with Council’s planning provisions and is recommended for approval.

In accordance with Council’s resolution of 3 September 2013, as this development application is lodged by a Councillor, it is presented to the Sustainable Development Committee for determination.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA 150/2015(1) for Shop (fitout of a new butchery) at Lot 1 DP 1181850 - Tenancy 5 - Summer Centre - Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

THE APPLICATION

THE PROPOSAL

The proposal involves the installation of a coolroom, freezer, preparation area, hand wash sinks, meat cabinets and counter areas. The proposal also involves the installation of signage above the entrance to the tenancy.

MATTERS FOR CONSIDERATION

Section 5A Assessment

In the administration of sections 78A, 79B, 79C, 111 and 112, the provisions of Section 5A must be taken into account for every development application in deciding whether there is likely to be a significant effect on threatened species, populations or ecological communities or their habitats. This section includes a requirement to consider any adopted assessment guidelines, which means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995. Assessment guidelines are in force (see DECC-W “Threatened Species Assessment Guidelines - The Assessment of Significance”) which requires consent authority to adopt the precautionary principle in its assessment.

In this instance, site inspection reveals that the subject property has no biodiversity or habitat value.

Section 79C

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under subclause 2. Those relevant to the application are as follows:

(a) to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that allows present and future generations to meet their needs by implementing the principles for ecologically sustainable development,

(f) to recognise and manage valued environmental heritage, landscape and scenic features of Orange.

The application is considered to be consistent with aims (a), (b) and (f) listed above.

Clause 1.6 - Consent Authority

This clause establishes that, subject to the Act, Council is the consent authority for applications made under the LEP.

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

This clause provides that covenants, agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions.

· covenants imposed or required by Council

· prescribed instruments under Section 183A of the Crown Lands Act 1989

· any conservation agreement under the National Parks and Wildlife Act 1974

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

· any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

· any planning agreement under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

Council staff are not aware of the title of the subject property being affected by any of the above.

Mapping

The subject site is identified on the LEP maps in the following manner:

Land Zoning Map:	Land zoned Part B3 Commercial Core and Part B4 Mixed Use
Lot Size Map:	No Minimum Lot Size
Heritage Map:	Located in Central Heritage conservation area
Height of Buildings Map:	Building height limit part 12m and part 9m
Floor Space Ratio Map:	Floor space limit Part 1.5:1 and part 0.5:1
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Ground water vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies

Those matters that are of relevance are addressed in detail in the body of this report.

Part 2 - Permitted or Prohibited Development

Land Use Zones

The subject site is located within the B3 Commercial Core and B4 Mixed Use zones. The proposed development is defined as a “shop” under OLEP 2011 which means:

premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.

Shops are a permissible land use within the B3 Commercial Core and B4 Mixed Use zones with the consent of Council.

Clause 2.3 of LEP 2011 references the Objectives for each zone in LEP 2011. These objectives for land zoned B3 Commercial Core and B4 Mixed Use are as follows:

1 - Objectives of the B3 Commercial Core zone

· To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

· To encourage appropriate employment opportunities in accessible locations.

· To maximise public transport patronage and encourage walking and cycling.

· To promote development that contributes to the role of the Orange CBD as the primary retail and business centre in the City and region.

The development is not inconsistent with the objectives of the B3 Commercial Core zone.

1 - Objectives of the B4 Mixed Use zone

· To provide a mixture of compatible land uses.

· To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

· To promote, where possible, the retention and reuse of heritage items as well as the retention of established buildings that contribute positively to the heritage or cultural values of the land in the zone.

· To promote development that supports the role of Orange CBD as the primary retail and business centre in the region.

The development is not inconsistent with the objectives of the B4 Mixed Use zone.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

The subject land is located in the Central Heritage Conservation Area.

(1) Objectives

The objectives of this clause are as follows:

(a) to conserve the environmental heritage of Orange,

(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c) to conserve archaeological sites,

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

The proposed fitout is situated within a tenancy within an existing commercial building, with no alterations to the exterior of the building proposed. As such, the development will have no material impacts upon the significance of the heritage conservation area.

Part 7 - Additional Local Provisions

7.3 - Stormwater Management

This clause applies to all industrial, commercial and residential zones and requires that Council be satisfied that the proposal:

(a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting onsite infiltration of water

(b) includes, where practical, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water; and

(c) avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

The development will not alter existing stormwater arrangements.

7.6 - Groundwater Vulnerability

This clause seeks to protect hydrological functions of groundwater systems and protect resources from both depletion and contamination. Orange has a high water table and large areas of the LGA, including the subject site, are identified with “Groundwater Vulnerability” on the Groundwater Vulnerability Map. This requires that Council consider:

(a) whether or not the development (including any onsite storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and

(b) the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

Furthermore consent may not be granted unless Council is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact,

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion.

STATE ENVIRONMENTAL PLANNING POLICIES

There are no State Environmental Planning Policies that apply to the subject development.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental planning instruments that apply to the subject land or proposed development.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land (Part 0 - Local Environmental Plan 2011, Part 8 - Development in Business Zones and Part 15 - Car Parking).

Part 0 - Local Environmental Plan 2011

Part 0 of DCP 2004 establishes which chapters of the DCP are applicable in instances of new zonings under LEP 2011. This is pertinent given the subject land's new zoning, being B3 Commercial Core and B4 Mixed Use. Part 0 provides that Part 8 of Orange DCP 2004 is applicable to these zones.

Part 8 - Development in Business Zones

The development is not inconsistent with the CBD Strategic Action Plan. The proposed development will complement the CBD and provide additional choice and variety of meat products for residents within Orange.

Car parking is addressed below.

Loading and unloading arrangements are to be made through the designated loading area during the hours required under DA 21/2010(4). There are no objections to the loading/ unloading arrangements.

The only signage proposed as part of the application is located internally within the shopping centre and does not require consent.

Part 15 - Car Parking

Car parking was addressed under the original consent (DA 21/2010(4)). Under that assessment the rate of 4.1 spaces per 100m² was applied. The proposed use will not alter that previous assessment.

The development is satisfactory in terms of parking.

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The development is consistent with the provisions prescribed by the Regulations.

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

Traffic and Access Impacts

The development will be adequately serviced by the existing public road network. Access and parking arrangements are adequate for the proposal. It is considered that the development will not present any adverse impacts in terms of traffic or access in this instance.

Visual Impacts

The development is wholly located within an existing shopping centre. As such, the development is not likely to present any impacts to the visual amenity of the surrounding commercial or residential precincts.

Cumulative Impacts

Council needs to be satisfied that a development will not present any cumulative impacts to the locality. The likely cumulative impacts associated with the shopping centre were addressed as part of the original consent. As mentioned above, the car parking requirements for this development will not present an unreasonable increase in the demand for parking over and above the original approval for the shopping centre. Therefore, the development will not cause a cumulative impact through a net increase in the demand for parking in this instance. It is considered that the development will have negligible cumulative impacts upon the locality.

Noise Impacts

The development will present a degree of noise associated with the construction phase for the fitout of the premises. A condition is attached requiring construction times to be limited to acceptable hours.

In regards to the ongoing operation of the use of the land as a shop, the applicant submits that trading hours will comprise the following:

8am - 6pm Monday – Saturday inclusive with extended trading to 8pm on Thursdays and 9am - 4pm Sundays.

Council staff raise no objections to these times.

Deliveries and Loading Dock

The original consent relating to DA 21/2010(4) placed a condition on the development for deliveries to use the designated loading dock between the hours of 7am to 6pm Monday to Saturday, and 8pm to 6pm Sundays and Public Holidays. It is therefore appropriate to attach a condition in this regard.

Social and Economic Impacts

The development is likely to present positive social and economic impacts. The development will facilitate the establishment of a new business and increase the opportunity for employment within the City of Orange.

THE SUITABILITY OF THE SITE s79C(1)(c)

The subject land is suitable for the development. Required services are available and adequate for the development. There are no physical features that may constrain the development. The land is not subject to known technological or natural hazards.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

The proposed development is not defined as advertised development under the provisions of the LEP, and as such no formal exhibition of the application was required. No submissions have been received in relation to this application.

PUBLIC INTEREST s79C(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment.

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of the LEP. A section 79C assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

COMMENTS

The requirements of the Environmental Health and Building Surveyor and the Engineering Development Section are included in the attached Notice of Approval.

Attachments

1 Notice of Approval, D15/15252 ⇩

2 Plans, D15/14994 ⇩

Sustainable Development Committee 2 June 2015

2.3 Development Application DA 203/2013(1) - 235 and 237 Leeds Parade

TRIM REFERENCE: 2015/1322

AUTHOR: Paul Johnston, Planning Team Leader

EXECUTIVE Summary

Application lodged	1 July 2013
Applicant/s	Bunnings Properties Pty Ltd
Owner/s	Bunnings Properties Pty Ltd
Land description	Lot 3 DP 1185665 and Lot 8 DP 7214 - 235 and 237 Leeds Parade, Orange
Proposed land use	Hardware and Building Supplies (construction of new store), Subdivision (consolidation of land), Demolition (existing dwelling and associated outbuildings), Signage and Subdivision (two lot industrial)
Value of proposed development	$16,500,000

Council's consent is sought for construction of a hardware and building supplies store for Bunnings, demolition of existing dwelling and associated outbuildings, signage, subdivision (consolidation of land), and subdivision (two lot industrial) on land described as Lot 3 DP 1185665 and Lot 8 DP 7214, known as 235 and 237 Leeds Parade, Orange.

The site the subject of this development application is located to the northeast of the developed urban area of Orange. The site is bounded to the south by the Northern Distributor Road (NDR), to the east by Leeds Parade and to the west by the Main Western Railway Line. The site has an overall area of 8.58 hectares.

In order to create the development site the applicant will be required to consolidate the subject land into a single allotment. Following consolidation of the land the applicant proposes to erect a Bunnings hardware and building supplies store which will include the following:

· 9,150m² warehouse offering for sale goods or materials relating to the construction and maintenance of buildings and related outdoor areas

· 1,655m² bagged goods area

· 1,395m² outdoor nursery

· 2,635m² timber trade sales

· 1,200m² bulk trade area

· 920m² building materials and landscape yard

· 60m² café for customers providing approximately 20 seats

· establishment of advertising signage. Signage will comprise painted wall signs on four elevations of the building and one pylon sign adjacent to the NDR. The proposed pylon sign comprises dimensions 12m high and 4.3m wide, with a sign face that is 4m x 4.5m. This sign is proposed to be illuminated by top mounted, downward facing lights.

· car park

Council is advised that the proposed hours of operation of the store would be:

· weekdays: 6am - 10pm

· Saturdays, Sundays and Public Holidays: 6am - 7pm

It is anticipated that the development will employ approximately 160 full time/part time staff in conjunction with the proposed operation.

The applicant has also sought consent for a two lot industrial subdivision of the land. Proposed lot 81 will be vacant comprising an area of 4.1 hectares. Proposed lot 82 will contain the Bunnings store and comprise an area of 4.47 hectares.

The main issues for consideration relate to parking, visual bulk, setbacks and height of the proposed pylon signage. A section 79(C) assessment of the proposed development indicates that the development is acceptable with the exception of the proposed height of the pylon sign. It is recommended that the height of the proposed pylon sign be reduced in height such that it is no higher than 8m.

It is recommended that Council supports the proposed development subject to the conditions in the attached Notice of Approval.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA 203/2013(1) for Hardware and Building Supplies (construction of new store), Subdivision (consolidation of land), Demolition (existing dwelling and associated outbuildings), Signage and Subdivision (two lot industrial) at Lot 3 DP 1185665 and Lot 8 DP 7214 - 235 and 237 Leeds Parade, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE APPLICATION

Council's consent is sought for construction of a hardware and building supplies store for Bunnings, subdivision (consolidation of land), demolition of existing dwelling and associated outbuildings, signage and a two lot industrial subdivision on land described as Lot 3 DP 1185665 and Lot 8 DP 7214 - 235 and 237 Leeds Parade, Orange.

THE PROPOSAL

The subject site located on land described as Lot 3 DP 1185665 and Lot 8 DP 7214 – 235 and 237 Leeds Parade being situated on the north western corner of the Northern Distributor Road and Leeds Parade. The site currently occupied by a dwelling. The proposed development involves the following:

· consolidation of land described as Lot 3 DP 1185665 and Lot 8 DP 7214 into a single allotment of land.

· development of a hardware and building supplies store including the following:

- 9,150m² warehouse offering for sale goods or materials relating to the construction and maintenance of buildings and related outdoor areas

- 1,655m² bagged goods area

- 1,395m² outdoor nursery

- 2,635m² timber trade sales

- 1,200m² bulk trade area

- 920m² building materials and landscape yard and

- 60m² café for customers providing approximately 20 seats

- car park

· a two lot subdivision of the land as follows:

Proposed Lot	Proposed Size	Proposed Use
81	4.1 hectares	Vacant development lot
82	4.47 hectares	Hardware and building supplies
TOTAL	8.57 hectares

· advertising: wall signage is proposed on all four elevations, as depicted on John R Brogan & Associates Drawing 130_P4. This signage is proposed to be painted directly onto the wall and would be formed of the company’s name and slogan. A pylon sign is proposed to be erected adjacent to the NDR. The size of the pylon sign comprises dimensions 12m high and 4.3m wide, with a sign face that is 4m x 4m. This sign is proposed to be illuminated by top mounted, downward facing lights

· hours of operation of the store would be:

weekdays: 6am–10pm

Saturdays, Sundays and Public Holidays: 6am-7pm

· approximately 160 full time/part time staff would be employed in conjunction with the proposed operation.

MATTERS FOR CONSIDERATION

Section 5A Assessment

In the administration of sections 78A, 79B, 79C, 111 and 112, the provisions of Section 5A must be taken into account for every development application, in deciding whether there is likely to be a significant effect on threatened species, populations or ecological communities or their habitats. This section includes a requirement to consider any adopted assessment guidelines, which means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995. Assessment guidelines are in force (see DECC-W “Threatened Species Assessment Guidelines - The Assessment of Significance”) which requires consent authority to adopt the precautionary principle in its assessment.

In this instance, site inspection reveals that the subject property has no biodiversity or habitat value.

Section 79C

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

Integrated Development

The proposed development is classified as Integrated Development by virtue of the following:

· proposed road widening and development of the northern access are within 40m of the onsite waterway, therefore triggering a requirement for a controlled activity approval and the integrated development process.

Council is in receipt of the General terms of Approval from the NSW Office of Water. The requirements of that department have been incorporated into the attached Notice of Approval.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

Orange Local Environmental Plan 2011

Part 1 - Preliminary

This part of the plan is largely administrative in nature and has minimal implications for the proposal.

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under subclause 2. Those relevant to the application are as follows:

(a) to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

(c) to conserve and enhance the water resources on which Orange depends, particularly water supply catchments,

The application is considered to be consistent with the relevant aims of LEP 2011.

Clause 1.6 - Consent Authority

This clause establishes that, subject to the Act, Council is the consent authority for applications made under the LEP.

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

This clause provides that covenants, agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions.

· covenants imposed or required by Council

· prescribed instruments under Section 183A of the Crown Lands Act 1989

· any conservation agreement under the National Parks and Wildlife Act 1974

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

· any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

· any planning agreement under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

The subject land is affected by an existing Essential Energy 66,000 volt power line which traverses the western boundary of the subject land. The applicant has furnished Council with a copy of a letter from Essential Energy dated 5 May 2015 which outlines the specific requirements of Essential Energy in response to the proposed development. Essential Energy has indicated that they require the creation of an appropriate easement with respect to this power line as part of the consolidation of the land to which this application relates. Essential Energy has indicated in the letter dated 5 May 2015 that they agree in principle to support a reduced width easement in order to accommodate the proposed development subject to certain works being undertaken. Attached to the draft Notice of Approval is a condition of consent which requires the applicant to obtain the relevant certification from Essential Energy prior to the issue of a Subdivision Certificate for the consolidation of the land. Consolidation of the land is required to be undertaken prior to the issue of an interim Occupation Certificate for the proposed building.

Council is not aware that the land being affected by any other of the above covenants, agreements and other instruments which seek to restrict the carrying out of development.

Mapping

The subject site is identified on the LEP maps in the following manner:

Land Zoning Map:	Land zoned IN1 General Industrial
Lot Size Map:	Minimum Lot Size 2000m²
Heritage Map:	Not a heritage item or conservation area
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Ground water vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies

Those matters that are considered to be of relevance have been addressed in detail in the body of this report.

Part 2 - Permitted or Prohibited Development

Land Use Zones

The subject site is located within the IN1 General Industrial zone. The proposed development is defined as “hardware and building supplies”, “signage” and “subdivision” under the provisions of Orange LEP 2011.

Pursuant to the LEP 2011 Dictionary, the following definitions relate:

Hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.

Signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:

(a) an advertising structure,

(b) a building identification sign,

(c) a business identification sign,

but does not include a traffic sign or traffic control facilities.

Pursuant to section 4B of the Environmental Planning and Assessment Act subdivision of land means:

the division of land into two or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition.

The proposed development is permissible subject to receiving the development consent of Council.

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned IN1 General Industrial are as follows:

1 - Objectives of the IN1 General Industrial Zone

· To provide a wide range of industrial and warehouse land uses.

· To encourage employment opportunities.

· To minimise any adverse effect of industry on other land uses.

· To support and protect industrial land for industrial uses.

· To ensure development along the Southern Link Road has an alternative access.

Whilst the development is not an industrial or warehouse use, hardware and building supplies premises is a permissible use. The proposed development is consistent with the objectives of the IN1 zone. In this regard the proposal is considered to represent an employment generating development that is appropriately located in an industrial area.

7.1 - Earthworks

This clause establishes a range of matters that must be considered prior to granting development consent for any application involving earthworks, such as:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development

(b) the effect of the development on the likely future use or redevelopment of the land

(c) the quality of the fill or the soil to be excavated, or both

(d) the effect of the development on the existing and likely amenity of adjoining properties

(e) the source of any fill material and the destination of any excavated material

(f) the likelihood of disturbing relics

(g) the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area

(h) any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).

The earthworks proposed are considered to be significant. The proposed development will require cut and fill to achieve the proposed finished floor level. The natural ground levels within proposed Lot 82 range from approximately 888.29m AHD to 874.09m AHD. The proposed floor level is 883m AHD. Excess fill is proposed to be placed on the northern extent of the site. The applicant advises that any excess fill would be disposed of at an appropriate waste management facility.

The extent of the earthworks will not materially affect the potential future use or redevelopment of the site that may occur at the end of the proposed development's lifespan. The extent of disruption to the drainage of the site is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways. The proposed development is integrated development and the NSW Office of Water has issued General Terms of Approval which addresses issues associated with the discharge of stormwater to the adjoining creek system.

The submitted plans show that the earthworks will be appropriately supported onsite, and whilst the change in ground level is reasonably significant to support the development, it is not considered to be unreasonable given the scale of the development. Therefore the effect on the amenity of adjoining properties is considered to be minor.

The site is not known to be contaminated.

The site is not known to contain any Aboriginal, European or archaeological relics. Previous known uses of the site do not suggest that any relics are likely to be uncovered. However, a condition has been imposed to ensure that should site works uncover a potential relic or artefact, works will be halted to enable proper investigation by relevant authorities and the proponent required to seek relevant permits to either destroy or relocate the findings.

The proposed development is located in proximity to a prescribed stream which flows directly into Council’s stormwater harvesting infrastructure. Attached to the Notice of Approval are conditions that specifically relate to stormwater management of the site. Council’s Subdivision and Development Code specifies the need for stormwater retention to be provided so as to ensure that post-development flows are no greater than pre-development flows. The General Terms of Approval from the NSW Office of Water specify that the stormwater system incorporates measures to ensure that stormwater leaving the site has been appropriately treated. The applicant will be required to submit a detailed engineering plan for approval of both Orange City Council and the NSW Office of Water prior to the issue of a Construction Certificate.

7.3 - Stormwater Management

This clause applies to all industrial, commercial and residential zones and requires that Council be satisfied that the proposal:

(a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting onsite infiltration of water

(b) includes, where practical, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water; and

The proposed development is defined as Integrated Development under the provisions of the Environmental Planning and Assessment Act 1979 given the proximity of the development site to a prescribed stream. The NSW Office of Water has provided General Terms of Approval in support of the proposed development. The General Terms of Approval together with the requirements of Council’s Subdivision and Development Code will ensure that the development is undertaken in a responsible manner, hence limiting the potential for any adverse impacts on Council’s stormwater harvesting infrastructure which is directly downstream of the planned development.

7.6 - Groundwater Vulnerability

(b) the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

Furthermore consent may not be granted unless Council is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact,

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. Given the requirements contained within the General Terms of Approval issued by NSW Office of Water, Council can be satisfied that appropriate controls will be put in place to ensure that the development is designed and managed to avoid significant adverse environmental impact. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 - Remediation of land

State Environmental Planning Policy 55 - Remediation of Land is relevant to the proposal.

Clause 7 of the SEPP provides:

7 Contamination and remediation to be considered in determining development application

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated, and

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

A Preliminary Contamination Investigation (PCI), prepared by Envirowest Consulting was submitted in support of the proposed development. Council is advised that site investigations included a site walkover, desktop study and soil sampling of the subject land. The Envirowest Consulting report suggests that the levels of all soil samples collected contained analytes less than the commercial/industrial land-use threshold. The report further indicates that the land in its current state is suitable for the proposed development and that additional investigations are not warranted unless the site changes to a more sensitive land use. Section 11.5 of the report recommends precautions to be undertaken when removing stockpiles on the site that may contain asbestos.

Based on the findings Envirowest Consulting report, the site is considered to be suitable for the proposed land use. Attached is a condition of consent in relation to the removal of stockpiles onsite that may contain asbestos.

State Environmental Planning Policy 64 - Advertising and Signage

State Environmental Planning Policy 64 - Advertising and Signage applies to the subject development.

The following signs are proposed on the land:

· Business identification signage - painted wall signage on the northern, southern, eastern and western elevations displaying the business name “Bunnings Warehouse”. The subject business identification signs will have the following dimensions:

- eastern elevation (11.9 wide x 3.75m high)

- western elevation (11.9 wide x 3.75m high)

- northern elevation (18.2m wide x5.75m high)

- southern elevation (18.2m wide x5.75m high)

· Business identification signage - painted wall signage on the northern, southern, eastern and western elevations displaying the Bunnings Warehouse logo and the positioning statement “lowest prices are just the beginning”. The signs will have the following dimensions:

- eastern elevation (13.62m wide x 5.25 high)

- western elevation (9.40m wide x 3.25 high)

- northern elevation (18.40m wide x 7.4m high)

- southern elevation (18.40m wide x 7.4m high)

· Bunnings pylon sign - internally illuminated and centrally located adjacent to the NDR displaying the Bunnings Warehouse logo and the positioning statement “lowest prices are just the beginning”.

The applicant submits that the proposed signage is defined as business identification signage under the provisions of the SEPP, and as such Part 3 of the SEPP does not apply. Council staff in determining whether or not the proposed signage could be defined as business identification signage sought legal advice from Crennan Legal.

Council staff are cognisant of the decision of the NSW Supreme Court, Court of Appeal in “Bunnings v Auburn” where it was held that signage identical in its content and similar in its proposed locations and dimensions was, as to part, caught within Part 3 of the SEPP. Consideration of the proposal under Part 3 of the SEPP requires additional consideration of issues in relation to the size and height of signage, which the proposal does not comply with. Such provisions also enact a requirement to formally advertise any signage that exceeded 20m in size or with a height exceeding 8m.

Crennan Legal, having regard to the Court of Appeal and without suggesting that the decision in the Court of Appeal was in any way incorrect or that the decision would not be followed, was of the opinion that now, ten years later, contemporary perceptions are likely to establish the proposed signage as “business identification signs “and therefore the signs would be exempt from the application of Part 3 of SEPP 64.

The proposed signage has been assessed against the Schedule 1 Assessment Criteria below.

Clause 3 - Aims, objectives, etc

The development relates to and is consistent with the aims as follows:

(1) This policy aims:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish.

(2) This Policy does not regulate the content of signage and does not require consent for a change in the content of signage.

The applicant submits that signage proposed to be displayed on the subject land will relate to the proposed use of the land and will be compatible with the existing and desired future character of the locality. The subject site is located within an emerging industrial area adjacent to the NDR. Whilst the proposed building is large in dimension, the size of the proposed signage on the building is considered to be proportionate giving consideration to the proposed building scale, setbacks and the proposed siting of the building at a lower level than the NDR.

The height of the proposed pylon sign, however, is not supported by Council staff. The submitted plans show that the proposed pylon sign will have a height of 12m, which is considered to be inconsistent with the character of other signage along the NDR. Due to the topographical features of the road system east, west and south of the subject site, the height of the proposed pylon sign is considered to be excessive. Council has in the recent past required pylon signage for similar developments (namely McDonalds and Woolworths) to have a height of no greater than 6m so as to ensure that signage did not dominate the visual corridor of the NDR, whilst at the same time providing good opportunity to convey the relevant message. Signage on the approved Highway Service Centre directly opposite the subject land and orientated towards the roundabout at the intersection of the Northern Distributor Road and Leeds Parade has also been limited to 6m. Issues in relation to the proposed signage, and in particular the height of the proposed pylon sign and its appropriateness, have been further discussed below.

Clause 4 - Definitions

The proposed signage can be defined as business identification signage pursuant to clause 4 of the SEPP.

signage means all signs, notices, devices, representations and advertisements that advertise or promote any goods services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage and includes:

(a) building identification signs, and

(b) business identification signs, and

(c) advertisements to which Part 3 applies,

but does not include traffic signs or traffic control facilities.

business identification sign means

a sign:

(a) that indicates:

(i) the name of the person, and

(ii) the business carried on by the person,

at the premises or place at which the sign is displayed, and

(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not include any advertising relating to a person who does not carry on business at the premises or place.

As discussed above, the correct characterisation of the proposed signage is business identification under the provisions of the SEPP. Such signage is not subject to the provisions of Part 3 of the SEPP.

Clause 6 - Signage to Which this Policy Applies

(1) This policy applies to all signage:

(a) That, under another environmental planning instrument that applies to the signage, can be displayed with or without development consent, and

(b) is visible from any public place or public reserve, except as provided by this policy.

The signage requires development consent under the land use table provisions of Orange LEP 2011 for land zoned IN1. Signage includes business identification signage.

Clause 8 - Granting of Consent to Signage

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this policy as set out in clause 3(1)(a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in schedule 1.

The submitted plans show that all proposed signage content will relate to the use of the subject land. The proposed signage will be located within the subject land and has been designed and displayed so as to effectively convey to passers-by the nature of use of the subject land. The applicant advises that the proposed signage is expected to provide effective communication in a suitable location.

As briefly discussed above, Council staff have expressed concern regarding the height of the proposed pylon sign. This element of the signage proposal is considered to be inconsistent with the character of the locality and is therefore not consistent with the objectives of Clause 3(1)(a) of the State policy.

A detailed assessment of the proposed signage against the Assessment Criteria contained within Schedule 1 of the SEPP has been provided below.

Schedule 1 - Assessment Criteria

Character of the Area

· Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

The height of the proposed pylon sign is not supported by Council staff. The submitted plans show that the proposed pylon sign will have a height of 12m. The applicants were requested to reduce the height of the sign but declined to do so. Due to the topographical features of the road system east, west and south of the subject site, the height of the proposed pylon sign is considered to be excessive. A view corridor assessment carried out along the road system to the east, west and south of the land does not justify the need for a sign above the 6m height. The applicant submits that the proposed building is largely hidden from view when approaching from the west and set back into the landscape when approaching from the southeast, and that a pylon sign sited near the corner of Leeds Parade will be an effective way to reasonably advertise the business and provide drivers with adequate information when using the NDR. The applicant argues that a 6m high pylon would add clutter to the streetscape and would not effectively inform drivers of the business. Further, the applicant submits that the proposed 12m high pylon sign enables a clear message to be communicated to drivers clear of the existing traffic management signage along the NDR. Council staff do not agree with these assumptions.

The submitted plans show that the respective height of the building is 11.5m. The proposed height of the building façade is RL894.40 and the proposed maximum height of the pylon sign is RL894.40. It is argued by the applicant that the height of the proposed pylon sign is consistent with the DCP provision of PO 9.3-1 Planning Outcomes given that the height of the proposed sign is consistent with the height of the proposed building on the subject land.

Council’s Technical Services Division advises that the AHD of the road pavement on the roundabout adjacent to the location of the sign is 882.7. This appears to be reasonably consistent with the RL of 882.4 for the ground level shown at the base of the sign on the submitted plans. Whilst it is acknowledged that the height of the proposed sign is comparable to the relative height of the building, the sign is at least 72m from the south‑eastern corner of the building, therefore it is argued that the relationship between the sign and the building is somewhat diminished. It is considered that drivers of vehicles when travelling along the NDR and Leeds Parade will view the building about the same time as they would see the sign, although this would be about 100m less when viewed from the west.

The influencing character of this locality is the Northern Distributor Road (NDR). The NDR is located within rural, residential, business and industrial zoned areas of the City. There is a distinct lack of signage along the NDR. Within the business areas adjacent to the NDR (ie Woolworths, McDonalds and the proposed highway service centre site located opposite the subject site) the height of the pylon signs are minimal. The height of signage for each of these businesses was successfully negotiated with the developers at that time. Adjacent to the Narrambla Business Park signage facing the NDR is of a secondary nature, with principal signage facing the internal road system of that estate.

The subject site is a separate site to the above mentioned industrial estate and has frontage to the NDR of approximately 290m. The view corridor of a 12m high sign from the east, west and south is calculated to be about 530m, 500m and 700m respectively. Due to the topography of the landform in the area it can be argued that the view corridor of a sign at around 6-8m would be not much less than this.

It is interesting to note that at the existing Bunnings development along Bathurst Road there is no pylon sign. The only sign at the frontage of the site is a sign of modest proportions about 2.5m in height which is an entry sign. It is also interesting to note that from a survey of other Bunnings stores in major regional centres and metropolitan centres there is a distinct lack of pylon signs. It would appear that the corporate approach tends to rely on the scale of buildings and signage affixed to them to advertise the business.

If the subject sign is to be erected to enable the drivers of vehicles to identify the site and then plan to enter the site, it is considered that the fact that drivers travelling from the east and south will firstly need to negotiate the roundabout at the intersection of the NDR and Leeds Parade would give drivers sufficient time to plan to enter the site. When approaching the roundabout they will be able to see the Bunnings building around the same time in which they first site the sign and would need to slow down and possibly stop to negotiate the roundabout, meaning that drivers will have sufficient time to identify the site and plan to enter the site as equally effectively if the sign were to have a height of 6m.

It is intended to provide a dedicated entry lane into the site from the NDR for vehicles travelling from the west, and as the proposed building will be visible from the western side of the bridge over the railway (which is only around 100m less than the point when a 12m high sign would be visible), there will be adequate distance for a driver to identify the development and plan to enter the site even if the height of the sign were to be reduced to 6m. As indicated above, it is considered that a 12m high sign is unnecessary as opposed to a 6m high sign for way-finding purposes and is considered to be totally incompatible with the existing and desired future character of the area and to the NDR. Approval for a 12m high sign will set a precedent for the erection of future signage adjacent to the NDR and elsewhere in the City.

The land to the southeast of the intersection of the NDR and Leeds Parade opposite the location of the proposed pylon sign is zoned R1 General Residential. Parts of this area are elevated above the site of the proposed sign. It is considered that a 12m high sign will also detract from the desired future character of this locality and will be inappropriate adjacent to and in close proximity to this future residential area.

· Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

The locality does not include any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, rural landscapes or residential areas that are considered likely to be negatively affected as a result of display of the proposed signage on the subject land.

Whilst the proposed signage on the building is large in dimension, it remains commensurate with the overall scale of the building itself and is therefore supported. As discussed above, it is recommended that the proposed pylon sign be reduced in height so as to reduce its visual impact and protect the general amenity of the NDR road corridor.

Views and Vistas

· Does the proposal obscure or compromise important views?

· Does the proposal dominate the skyline and reduce the quality of vistas?

· Does the proposal respect the viewing rights of other advertisers?

Signage proposed on the subject building is not expected to obscure or compromise important views or vistas, dominate the skyline, or have any significant negative impact on the viewing rights of other advertisers. However, the proposed pylon sign at 12m high has the potential to dominate the skyline, especially when viewed when travelling west along the NDR. The applicant argues that the proposed pylon sign is to be developed on the same finished level as the building on the subject land, with a typically consistent height by comparison to the proposed building. As discussed above, it is considered to be an unusual situation in this instance given the substantial scale of the proposed building and the separating distance of 72m between the building and the subject sign. A requirement to reduce the height of the proposed pylon sign to 6m would ensure that the sign was of an appropriate scale in the context of the surrounding locality, would not detrimentally impact on views or vistas and be consistent with Councils approach with other approved development along the NDR and highway in recent years.

Streetscape, Setting or Landscape

· Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

· Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

· Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

· Does the proposal require ongoing vegetation management?

The proposed development of the subject land will change the current amenity of the streetscape and provide a development with high exposure to the NDR. The proposed signage on the building is considered to be appropriate for the streetscape, setting and landscape, particularly having regard to the scale of surrounding development.

The proposed height of the pylon sign has the potential to have an adverse visual impact upon the NDR road corridor. The proposed height of the sign is considered to be excessive. A requirement to reduce the height of the proposed pylon sign to 6m would ensure that the sign was of an appropriate scale in the context of the surrounding locality and the NDR and would not detrimentally impact on the streetscape.

The proposed signage will not protrude above any buildings, structures or trees and will not require vegetation management.

Site and Building

· Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

· Does the proposal respect important features of the site, or building, or both?

· Does the proposal show innovation and imagination in its relationship to the site or building, or both?

Signage proposed on the subject building will complement the scale of the development. As discussed above, the height of the proposed pylon sign whilst of a similar height and complementary scale to the building is considered to be excessive and will tend to dominate the NDR road corridor. It is recommended that the height of the proposed pylon sign be reduced in scale. There are no objections to the scale of signage proposed on the building itself.

Associated Devices and Logos With Advertisements and Advertising Structures

· Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

No safety devices, platforms, lighting devices or logos have been designed as an integral part of the signage.

Illumination

· Would illumination result in unacceptable glare?

· Would illumination affect safety for pedestrians, vehicles or aircraft?

· Would illumination detract from the amenity of any residence or other form of accommodation?

· Can the intensity of the illumination be adjusted, if necessary?

· Is the illumination subject to a curfew?

The applicant advises that signage proposed on the subject land, including the pylon sign, would be illuminated generally during trading hours and shortly thereafter. It is not expected that the proposed signage would be illuminated so as to result in unacceptable glare, affect safety for pedestrians, vehicles or aircraft, or detract from the amenity of any residence or other form of accommodation.

Whilst the proposed signage will be readily viewed when travelling along the NDR, it is not envisaged that the proposed illuminated signage will reduce the safety of the road.

State Environmental Planning Policy (Infrastructure) 2007

Clause 104 of the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) relates to traffic generating developments.

The proposal involves a commercial development with an overall floor area exceeding 10,000m² and containing a capacity to park more than 200 vehicles. On this basis the development is captured within the provisions of Clause 104, and therefore results in a referral to Roads and Maritime Services.

Council is in receipt of formal advice from the RMS regarding this matter. The requirements of RMS have been evaluated by Council’s Technical Services Department and have been incorporated into a condition of development consent. An assessment of the traffic impacts associated with the proposal has been undertaken below under the heading “Traffic Impacts”.

The SEPP (Infrastructure) also includes provisions in clauses 85 and 86 that apply to development applications adjacent to rail corridors. The proposed development is on land that is immediately adjacent to the Main Western Railway Line. An assessment of the development as against the provisions of Clause 86 of the SEPP is provided below.

86 - Excavation In, Above or Adjacent to Rail Corridors

Clause 86 of the SEPP states:

(1) This clause applies to development (other than development to which clause 88 applies) that involves the penetration of ground to a depth of at least 2m below ground level (existing) on the land:

(a) within or above a rail corridor, or

(b) within 25m (measured horizontally) of a rail corridor, or

(c) within 25m (measured horizontally) of the ground directly above an underground rail corridor.

Council is required to give written notice of the proposal to the chief executive officer of the rail authority for the rail corridor, and take into consideration any response to the notice that is received and any guidelines issued by the Director-General for the purposes of this clause and published in the Gazette. Council must not grant consent to development to which this clause applies without the concurrence of the chief executive officer of the rail authority for the rail corridor to which the development application relates, unless that rail authority is ARTC.

In deciding whether to provide concurrence, the chief executive officer must take into account:

(a) the potential effects of the development (whether alone or cumulatively with other development or proposed development) on:

(i) the safety or structural integrity of existing or proposed rail infrastructure facilities in the rail corridor, and

(ii) the safe and effective operation of existing or proposed rail infrastructure facilities in the rail corridor, and

(b) what measures are proposed, or could reasonably be taken, to avoid or minimise those potential effects.

Council is in receipt of advice from the Chief Financial Officer from John Holland Rail Pty Ltd who has been appointed to manage the Country Regional Network of railway. The submitted plans show that the proposed development involves the penetration of ground within 25m of the rail corridor, therefore clause 86 of the SEPP applies. John Holland Rail Pty Ltd has provided advice to Council with respect to this matter which includes the following:

· Requests that Council require the submission of a geotechnical assessment which considers the impact of the development on the stability of the rail corridor.

· Requests that Council impose a condition requiring 1.8m high chain wire security fencing to be erected along the rail corridor to prevent unauthorised entry.

· Council ensures that no additional stormwater flows are directed towards the rail corridor and that all wastewater is treated and disposed of.

The NSW Department of Planning Guidelines for Development Near Rail Corridors and Busy Roads include sample Rail Corridor conditions. Recommended conditions of consent to address issues raised by the rail authority in relation to development within and adjacent to the rail corridor have been included in the attached Notice of Determination.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental planning instruments that apply to the subject land or proposed development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Development Control Plan 2004

Orange Development Control Plan 2004 ("the DCP") is applicable to this proposal (Part 0 - Interim Provisions and Part 9 - Development in the Industry and Employment Zone). Also of relevance are Sections 2, 3, 4, 5, 10, 14 and 15 of the DCP.

An assessment of the proposed development against the relevant Planning Outcomes is undertaken below.

Pursuant to Planning Outcome 0.2-1 Interim Planning Outcomes – Conversion of Zones:

· Throughout this Plan, any reference to a Zone in Orange LEP 2000 is to be taken to be a reference to the corresponding zone(s) in the zone conversion table.

The corresponding zone to zone 4 Industry and Employment (Orange LEP 2000) is zone IN1 General Industrial (Orange LEP 2011). The DCP sets the following planning outcomes for development within the Industry and Employment Zone (Chapter 9 - Development in the Industry and Employment Zone):

Part 9 - Development in the Industry and Employment Zone

· Buildings are set back a minimum of 10m from front boundaries (5m to a secondary boundary on a corner lot) for lots greater than 1000m² or 5m for lots less than 1,000m² or otherwise to a setback consistent with existing setbacks in established areas.

The site has an overall area of 8.58ha and has frontages to the NDR and Leeds Parade. The site is bound to the west by the Main Western Railway Line. Council’s DCP requires a minimum setback of 10m from the front boundary and 5m to a secondary boundary. Given the scale of the proposed building Council requested the applicant to consider what opportunity there was to have a greater setback to Leeds Parade. In response the applicant has agreed to alter the position of the building on the site. The minimum building setback ranges between 15.8m and 39.8m, thus providing an average setback to Leeds Parade of 27.8m. The setback of the development to the NDR exceeds 10m and easily satisfies the requirements of the DCP. The proposed setbacks comply with the DCP planning outcomes. Adequate area is available between the building and front boundary to establish landscaping.

· Buildings cover up to 50% of the site area (excluding the area of accessways for battleaxe lots).

The proposed building will comprise a total building area of 16,955m². Based on the site area of 8.58ha, the development will have a site coverage of 19.7%. The site coverage of the proposed development following the eventual subdivision of the land will be 37.9%. As such, the development is compliant with the DCP in this regard.

· Landscaping is provided along boundaries fronting roads including trees with an expected mature height at least comparable to the height of buildings on the site.

· External materials consist of non-reflective materials.

A landscape concept plan has been submitted in support of the proposal. The proposed landscaping scheme proposes a mix of mature trees, understorey plantings and groundcovers. The landscape plan has been assessed by Council’s City Presentations Manager who has expressed some concerns regarding species selection proposed for the Orange climatic conditions. The Manager of City Presentations has made several recommendations regarding species selection and the desired treatment of landscaping that ought to be provided along the Northern Distributor Road frontage of the property.

In order to provide continuity with Leeds Parade south of the NDR, it is recommended that Quercus palustris (Pin Oaks) be planted along the Leeds Parade frontage of the Bunnings development. Further, it is recommended that the applicant be required to plant trees along the NDR frontage in the area labelled on the landscape plan as ‘grass’. Council’s Manager City Presentation has recommended that the species to be planted here shall be Pistacia chinensis (Chinese Pistachio) at 10m centres, matching the planting on the southern side of the NDR between the Leeds Parade roundabout and the railway bridge.

Attached is a condition of consent which requires a detailed landscape plan to be prepared in consultation with the Manager City Presentation and submitted to the Manager Development Assessments for approval prior to the issue of a Construction Certificate. The landscaping will be required to be designed to incorporate the above recommendations so as to provide visual relief to the proposed building and hardstand areas and match certain landscaping already provided along the NDR.

The proposal is considered satisfactory in terms of this planning outcome.

· Architectural features are provided to the front building façade to provide relief using such elements as verandahs, display windows, indented walls etc.

The proposal involves the construction of a large hardware and building supplies store. The design is typical of the style of Bunnings developments. The proposed building will include the following elements:

· 9,150m² warehouse offering for sale goods or materials relating to the construction and maintenance of buildings and related outdoor areas

· 1,655m² bagged goods area

· 1,395m² outdoor nursery

· 2,635m² timber trade sales

· 1,200m² bulk trade area

· 920m² building materials and landscape yard and

· 60m² café for customers providing approximately 20 seats.

The building is large in dimension. The proposed building will be located with primary frontage to the NDR. The southern elevation of the building incorporates a central gable end entrance structure which incorporates several windows. Whilst this element is relatively small in the context of the scale of the development, it nonetheless provides some visual relief to the southern elevation. The applicant has proposed a mix of non-reflective building materials, including the use of concrete tilt panels and Colorbond wall sheeting, to break up the visual appearance of the building.

The proposed building materials and colours are consistent with the traditional colour scheme for Bunning developments. The proposed colour scheme is considered to be aesthetically pleasing and will assist in softening the appearance of the building when viewed from the NDR. A detailed amended landscape plan will be required to be submitted for approval prior to the issue of a Construction Certificate. The landscaping at maturity will assist with the visual integration of development and ensure that the development is aesthetically pleasing when viewed from the NDR.

· Advertising involves business identification signs within the front façade and/or by pole sign comparable to the relative height of the main building on the site

A detailed assessment of signage has been undertaken above under the heading “State Environmental Planning Policy 64 – Advertising and Signage”.

Parking

· Adequate parking and onsite manoeuvring is provided.

The DCP does not specify a specific car parking requirement for a hardware and building supplies development. Council has, however, traditionally applied a rate of 1 space per 50m² of gross floor area (GFA) for bulk retail type development, to which the proposal is similar. The development has an overall developed floor area of approximately 17,345m². Based on a rate of 1 space per 50m² of GFA, the development generates a demand for 347 off-street car parking spaces. The submitted plans show that provision has been made for a total of 330 spaces. The development on this basis would have a shortfall of 17 off-street car parking spaces.

The application has been accompanied by parking assessment prepared by Transport and Traffic Planning Associates - Transportation, Traffic and Design Consultants. The car parking report references a study sponsored by the RMS involving an assessment of the parking provision associated with six similar size and scale Bunnings stores across NSW. The results of the above study revealed that car parking provision rates for stores of this scale ranged between 1.17 spaces per 100m² and 2.39 spaces per 100m².

The proposed development comprises a GFA of 17,345m² and includes 330 parking spaces, which equates to 1 space per 52.4m². The applicant submits that the provision of parking at this rate will be adequate to support the development (particularly given the significant areas used for storage), and is more or less consistent with Council’s parking requirements. The proposed parking arrangements include 10 designated spaces for disabled drivers, while cars with trailers will be able to park in tandem spaces. Given the nature and scale of the proposed development, it is considered reasonable to support the proposed parking arrangements for the subject development.

The submitted plans show that site layout and building design will accommodate the manoeuvring of a 19m semi-trailer/low loader. Sufficient manoeuvring area will be available adjacent to all car parking spaces to facilitate functional reversing, onsite turning and forward direction egress to the NDR and Leeds Parade. The internal driveway system will also provide for onsite passing of vehicles. All vehicles will be required to enter and exit the site in a forward direction.

Stage 2 - Subdivision

Stage 2 of the proposed development involves a two lot subdivision of land. Development Control Plan 2004 (“the DCP”) is relevant in the consideration of the proposed subdivision (Part 9.2 - Subdivision in Industrial Zone). A summary of the proposed subdivision is as follows:

Proposed Lot	Proposed Size	Proposed Use
81	4.1 hectares	Vacant development lot
82	4.47 hectares	Hardware and building supplies
TOTAL	8.57 hectares

The relevant Planning Outcomes for Industrial Subdivision include:

· The subdivision provides for a range of lot sizes consistent with the existing or proposed character of the industrial locality.

· Lots have a regular shape to facilitate the establishment of large, open industrial buildings.

The LEP prescribes a minimum lot size of 2000m². The proposed development will comply with the minimum requirements of the DCP. Proposed Lot 82 will contain the proposed Bunnings development and proposed Lot 81 will comprise vacant land intended for future industrial development. The proposed lots will comprise suitable areas and dimensions to accommodate a range of industrial land uses. There are no objections to the proposed size and shape of the allotments.

· The subdivision is designed and constructed according to the Orange City Development and Subdivision Code.

Access to the northern lot (proposed Lot 81) will be via a proposed accessway to be built from Leeds Parade. This road would also benefit from a right of carriageway in favour of Lot 82 to enable use by delivery vehicles vising the Bunnings store. The residue lot would be provided with connections to necessary services. The proposed subdivision will be required to be constructed in accordance with the provisions and requirements of the Orange City Council Development and Subdivision Code, with road, kerb, gutter and associated drainage structures. Conditions are attached in relation to the intersection upgrade and road construction requirements.

· The land is adequately serviced for industrial development.

All utility services are available to the development parcel and adequate for the subdivision. The developer will be entirely responsible for the provision of water, sewerage and drainage facilities from Council’s existing infrastructure capable of servicing the proposed lots. Conditions are attached in relation to the provision of all utility services to the subdivision.

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposed development is not inconsistent with any provisions prescribed by the Regulations. Matters in relation to fire safety and disabled access have been addressed through conditions of consent.

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

Context and Setting

The subject land is located within a setting that is currently undergoing a transition from traditional primary production (predominantly grazing), to a more commercial and industrially orientated area. This transition has been influenced by the development of the NDR, which provides a road link around the northern side of Orange and the zoning of the land.

The Narrambla Industrial Park is located to the east and southeast of the site and is accessed from the NDR. The estate consists of a range of industrial land uses. The siting of the NDR has a strong influence on the character of the locality. Traffic travelling to and from the west of Orange makes use of the distributor road to avoid the busier centre of town. The recent development of the Finemores transport depot and the North Orange shopping centre have also resulted in significant use of this road by heavy and light vehicles alike. Additional residential subdivision, both approved and under development within the Waratah estate, will eventually add additional traffic volumes along the NDR.

The scale and character of proposed development in the locality is varied, with low density residential dwellings to the west and southwest, and large scale industrial buildings to the east. Adjacent sites to the north and south are largely undeveloped and continue their historical grazing use. Land adjoining and adjacent to the subject site comprises several different zones under Orange LEP 2011 including IN1 General Industrial and IN2 Light Industrial to the north, SP3 Tourist to the east, B7 Business Park to the east/northeast and R1 General Residential to the south east.

The proposed development is considered to be compatible with current and future adjacent land uses.

Traffic Impacts

The potential for traffic impacts relates mainly to the capacity of the local road network to accommodate the increase in traffic levels, and the ability for vehicles to enter, exit and use the site without disruption to traffic flow along Leeds Parade and the NDR.

An Assessment of Traffic and Parking Implications (TPI) prepared by Transport and Traffic Planning and Associates was submitted in support of the proposed development. The existing traffic environment for the site is heavily influenced by the frontages to the NDR and Leeds Parade. The NDR carries both localised traffic moving in and around the City as well as traffic bypassing the urban core of Orange. The North Orange shopping centre is located to the west of the site and contributes a high volume of traffic to the NDR. Also in the locality of the shopping centre are the Waratahs Sports Complex and growth areas of residential development.

Access to the site is proposed to be provided via three separate access points. Two separate site access points are proposed via Leeds Parade, with the northernmost of the two access points for delivery vehicles only but also providing access to the residue lot to the north. The southern Leeds Parade access point is envisaged to be the primary means of access for vehicles and would involve road widening works to Leeds Parade so as to provide channelised turning lanes for both north and south bound vehicles.

A third access point is proposed to be provided via the NDR with a channelised left turn lane (CHL) for east bound vehicles, and a left turn exit only lane also for east bound vehicles. In order to minimise disturbance to the flow of traffic on the NDR, no access or egress would be provided for west bound traffic from this access point.

Road works would be required to provide the above access points and they will be located with adequate separation from the adjacent intersection and in locations with good available sight distances.

The traffic study submitted in support of the development predicts traffic generation associated with the proposed development by reference to other regional similar scale Bunnings stores, together with reference to the Draft RMS Guide to Traffic Generating Development. The results of the survey of similar scale Bunnings stores reveal the following traffic generation data:

Peak Traffic Generation
	Weekday 4-5pm			Saturday Midday
	In	Out	Total	In	Out	Total
Tamworth	124	165	289	186	201	387
Bathurst	74	88	162	111	107	218
Coffs Harbour	108	104	212*	202	180	382*

Source: Assessment of Traffic and Parking Implications

*The existing Coffs Harbour store has a total GFA of 8,523m² indicating PM peak - 2.5 vtph/100m253 and WE peak – 4.5 vtph/100m²

Council is advised that the RMS is in the process of updating their Guide to Traffic Generating Developments which includes data in relation to Large Format Hardware stores, providing traffic generation information per 100m² of GFA as follows:

Table 5.2 – Traffic Generation per 100 square metres of GFA
AM Peak Hour	1.09 vtph per 100m²
PM Peak Hour	1.99 vtph per 100m²
Weekend Peak Hour	4.28 vtph per 100m²

Source: Draft RMS Guide to Traffic Generating Developments

The traffic consultant advises that a pertinent traffic generation characteristic for large format hardware stores is that as floor area increases, traffic generation decreases as a proportion of floor area. The traffic assessment submitted in support of the development estimates that traffic generation rates for the proposed development, given the large size of the development, would be in the order of 1.8 vtph per 100m² for the weekday PM peak hour and 3.5 vtph at midday on the weekend. Application of these rates to the proposed development would indicate the peak traffic generation as follows:

Weekday pm			Weekend Midday
In	Out	Total	In	Out	Total
130	180	310	300	300	600

The traffic assessment submitted in support of the development indicates that the SIDRA modelling of the Leeds Parade/Northern Distributor Road based on the above traffic generation levels confirms that a satisfactory performance can be achieved.

The capacity of the road network in this locality is considered to be sufficient to accommodate traffic generation as a result of the proposed development. As previously considered (see “DCP 2004”), proposed parking and manoeuvring arrangements comply with the provisions of the DCP. Council’s Technical Services Division has negotiated the access requirements for the proposed development with the applicant. Attached are relevant conditions of consent specifying the standard of road construction required for the proposed development.

Visual Amenity/Streetscape

The subject site is located within a new industrial precinct. The potential for this proposal to cause adverse visual impacts relates to its prominence (bulk, scale and height) and building design and the height of the proposed pylon sign. Whilst the building is large in dimension, the form and proposed external finishes are typical of those found in an industrial precinct. The building design provides for a typical industrial façade to the street. The building is relatively well set back from the street boundary, and due to its acceptable site coverage and height, will not appear as an overdevelopment. The establishment of landscaping at the front of the site will assist in softening the visual impact of the building, particularly when viewed from the NDR and Leeds Parade.

The proposed delivery areas have been separated from the public areas and have been designed to accommodate the required size delivery vehicles. The car park is proposed to be constructed at the front of the development site so as to enable the public to readily access the building. This is considered to be an acceptable design outcome as it increases the building setback.

Based on the above assessment, the proposed development is considered to be of an acceptable design for an industrial area despite limited architectural features and articulation. The development will not have an adverse impact on the visual amenity of the precinct. As discussed above, it is recommended that the height of the proposed pylon sign be reduced to have a maximum height of 6m in order to lessen the visual impact. Matters in relation to signage have been addressed above under the heading “State Environmental Planning Policy No 64 - Advertising and Signage”.

Water

A natural drainage line (appearing on topographic maps) is located in the north-eastern corner of the site which feeds into an onsite dam. The proposed development includes construction work within 40m of a prescribed stream and is therefore defined as Integrated Development under the provisions of the Environmental Planning and Assessment Act 1979. In accordance with the requirements of the legislation, the application was required to be formally advertised and Council sought formal advice from the NSW Office of Water. Council is in receipt of advice from the NSW Office of Water indicating that a controlled activity licence will be required to be obtained prior to works commencing. The NSW Office of Water has issued General Terms of Approval for the proposed works. Council may therefore determine the application. The General Terms of Approval have been incorporated in to the attached Notice of Approval.

Air Quality

Aside from impacts associated with the construction phase of the development, it is not anticipated that the continued operation of the development as proposed would have any ongoing detrimental impacts to the air and microclimate of the locality. The statement identifies a series of controls that would be implemented during construction to ensure that construction impacts are appropriately controlled. These measures would be contained within a Construction Management Plan to be submitted to and approved by Council prior to the commencement of any site works. Attached is a condition of consent to this effect.

Flora and Fauna

The application was accompanied by an Ecological Assessment of the site. The applicant advises that the proposed development would result in the removal of approximately 5.2ha of mixed grassland representing suboptimal foraging habitat of three wetland bird species (Great Egret, Painted Snipe and Australian Painted Snipe). The study found that the proposed development is unlikely to have a detrimental impact on local populations of threatened species or the environment subject to the implementation of assumed controls listed in the Ecological Assessment.

Waste Management

The applicant advises that all waste resulting from the demolition of the existing buildings onsite would be disposed of at an appropriately licensed waste facility. Attached is a condition of consent addressing waste management issues in relation to the demolition of the dwelling.

The applicant advises that the proposed development, once completed, would generate mainly solid wastes, consisting predominantly of recyclable packaging. This waste material will be compacted and contained in bins within the envelope of the building. Any waste that cannot be recycled or re-used on site will be placed in bulk waste facilities for collection and disposal by a waste contractor, in accordance with Council’s requirements.

The waste products likely to be generated by the proposed development are not expected to cause any detrimental impact on the natural environment and will be disposed of in an environmentally responsible manner.

Stormwater

A Stormwater Management Plan (SMP) prepared by C&M Consulting Engineers for the site has been prepared to support this development application. As discussed above, the proposed development is defined as Integrated Development under the provisions of the Environmental Planning and Assessment Act 1979 and requires formal approval from the NSW Office of Water. The NSW Office of Water has issued General Terms of Approval for the proposed development. The General Terms of Approval have been incorporated into the attached Notice of Approval.

The SMP notes that the site is relatively steep, with a general fall to the east. Levels at the site range from RL873.5 to RL888.2 (AHD). The focus of the SMP is the long term impacts of the development. The applicant advises that short term impacts to stormwater will be addressed by sediment and erosion control measures enacted in relation to the Construction Certificate applications.

The drainage system proposed for the development features the following elements:

· a pipe network system to collect minor storm runoff from roof and car park areas

· an onsite detention (OSD) storage basin with orifice control

· rainwater harvesting and retention systems

· overland flowpaths to carry major storms through the site.

Council’s Technical Services Division advises that stormwater retention will be required for the development. Attached is a condition of consent addressing matters in relation to stormwater management of the site. In addition to the stormwater retention requirements, the applicant advises that rainwater would be harvested onsite in a 45,000 litre rainwater tank and re-used for watering plants in the nursery area and for toilet flushing. Excess irrigation waters from the nursery area are proposed to be captured onsite, filtered and re‑used for external irrigation of landscaping.

Water quality is proposed to be controlled (in the long term) onsite via a range of water control measures to be applied onsite. The following extract from the SMP outlines the proposed measures to maintain water quality:

Water Quality Control Measures
Measures	Descriptions
EnviroPods	· EnviroPod is a catch basin insert installed in inlet pits. It is effective in removing trash, debris, and other pollutants from runoff. · EnviroPods proposed for the project uses a 200 micron filter system. These filters will be installed in every surface inlet pit in the project.
Hydrodynamic Separator – Silt, Oil & Hydrocarbon Arrestor	· Hydrodynamic Separator - silt, oil & hydrocarbon arrestor proposed for the development is the HumeCeptor STC-3 & STC-9 · The device has been chosen for its ability to remove fine sediment, oils and hydrocarbons.
Rainwater Tank	· Rainwater tanks are effective in the removal of pollutant loads at source. The pollutant removal process is by harvesting runoff for reuse, thereby limiting the nutrients discharging to the waterways. · The tanks also reduce stormwater runoff quantity and flooding. · 45kL of rainwater storage will be provided for the development.

StormFilter

· StormFilter is a proprietary device containing multiple cartridge units in a single system thereby suitable for larger catchments

· One of the advantages of using StormFilter is that the cartridges come with various filtration media available to target site-specific pollutants

· Each cartridge consists of Perlite/Zeolite media

Source: C&M Consulting Engineers Stormwater Management Plan

Implementation of the above described treatment measures together with addressing any requirements from the NSW Office of Water will minimise any detrimental effect on the quality of stormwater running off from the site.

Energy

The applicant advises that the building will be designed and constructed to ensure compliance with Section J of the Building Code of Australia. Attached is a condition of consent requiring compliance with the BCA.

Noise Impacts

An acoustic assessment prepared by Wilkinson Murray was submitted in support of the subject development. The noise assessment included an assessment of noise from fixed mechanical plant, patrons, traffic and activities associated with the delivery of goods.

Background noise monitoring was used to establish the existing noise levels, from which project specific noise criteria were derived. The consultant advises that this criteria was developed using the EPA’s Noise Guide for Local Government.

The noise assessment has determined that:

· compliance with established site specific noise criteria will be achieved at all residential receivers

· compliance with the established sleep disturbance screening criterion has been determined at all residential receivers and

· compliance with traffic noise criteria was established at existing residences.

Attached is a condition of consent specifying the noise limits for the proposed development.

Crime Prevention

The guidelines prepared by the NSW Department of Urban Affairs and Planning (DUAP 2001) identify four Crime Prevention Through Environmental Design (CPTED) principles to be considered in development applications to ensure that developments do not create or exacerbate crime risk. These principles are discussed below in relation to the proposed development and include: surveillance, access control, territorial reinforcement, and space management.

The proposed development has been designed to address the above principles as follows:

Surveillance

The subject site is currently used for grazing purposes, with a single dwelling located on existing Lot 8. The proposed development would increase the level of people visiting the site and therefore increase the amount of natural surveillance in the area. The applicant proposes the establishment of security lighting around the development to increase the level of surveillance for the building. The large car park area in the front setback of the site will provide good casual surveillance opportunities when travelling along the NDR.

Access Control

The front of the site would be open and not restricted in terms of access. It is considered that this is acceptable given the nature of this area. The side and rear areas of the development are proposed to be fenced or walled to ensure that access is only permitted during operational hours. These areas of the site are not proposed to be open to the public and will be restricted to staff or service personnel only. The nature of the site with two road frontages will assist in maintaining good casual surveillance.

Territorial Reinforcement

The applicant advises that the proposed development would include landscaping and the site would be maintained to convey an image of ownership.

Space Management

The applicant advises that the proposed development would be kept clean and graffiti/ vandalism would be removed to ensure the area is well used and maintained.

Social Impact

It is not anticipated that the proposal would have any detrimental social impacts to people’s way of life, their culture or their community.

Economic Impact

The development is likely to represent a significant positive economic impact on the locality both in terms of the construction investment and the nature of the development, being that it has the potential to create flow-on activity for other construction and manufacturing businesses. The business is also likely to generate additional visitors to the Narrambla Business Park, and therefore could also provide a positive impact to the locality.

Council is advised that the new store will be larger than the existing store on the Mitchell Highway, but will not have any different aspects to the existing store. The existing and new store both have the general hardware and home improvement floor area, a trade section, plant nursery and small cafe. The applicant advises that the additional floor area allows for a greater range of existing product and more floor stock.

The subject site is not a part of a homemaker centre or any other type of bulky goods retail centre. In this regard, the proposed development would not pose any significant impact on the Orange CBD. As both stores provide a similar range of products, it is not envisaged that the economic impact of the proposed development would be significantly different to the existing store.

Closure of the existing store, however, to accommodate the proposed store will have an initial negative impact on the existing Orange Gateway precinct. Whilst this negative impact is unavoidable in this circumstance, it will nonetheless present an opportunity for an alternate bulky good business to establish itself within the existing premises over time.

Construction Impacts

Construction activities have the potential to generate adverse impacts through construction traffic noise, air quality, surface water and land degradation, and dust. In this regard, the Statement of Environmental Effects submitted in support of the proposal has identified the following mitigation measures to ameliorate any adverse impacts:

· Preparation of an Erosion and Sediment Control Plan prior to construction and implementation of the Plan throughout all phases of construction activity;

· The adoption of appropriate soil erosion control measures. This would include techniques such as minimising the area of disturbance at any given time, diverting clean runoff away from disturbed areas, treatment of dirty runoff using sediment traps and filters installed to engineering design standards and rehabilitating disturbed areas as soon as practicable following construction;

· All plant and equipment would be operated and maintained in accordance with the manufacturer’s specifications;

· Works would be undertaken in accordance with the standard daytime hours recommended by the Environment Protection Authority: that is, 0700-1800 Monday to Friday and 0800-1300 on Saturday, with no works on Sunday or Public Holidays. Any variation to these hours would first be negotiated in consultation with adjoining landowners; and

· Undertake strategic watering as required and stabilise exposed surfaces with a vegetative cover as soon as is practicable.

The proposed development will require cut and fill to achieve the proposed finished floor level. The natural ground levels within proposed Lot 82 range from approximately 888.29m AHD to 874.09m AHD. The proposed floor level is 883m AHD. Excess fill is proposed to be placed on the northern extent of the site. The applicant advises that any excess fill would be disposed of at an appropriate waste management facility. The Statement of Environmental Effects submitted in support of the proposed development has identified the following specific mitigation measures which can be implemented to ameliorate any potential impacts:

· Haulage traffic would avoid residential areas and school zones where possible;

· A traffic management plan could be prepared to specifically address the haulage route, expected tonnage and vehicle sizes as part of the construction documentation; and

· Erosion and sediment control measures including dust suppressants would be utilised where necessary as set out in C&M Consulting Engineers Drawings DA701 and DA702.

Attached is a condition of consent requiring the applicant to submit a construction management plan for the approval of the Manager Development Assessments prior to works commencing. The construction management plan shall include the above mitigation measures.

THE SUITABILITY OF THE SITE s79C(1)(c)

Physical Attributes

In terms of its physical attributes the site is considered to be suitable for the development. The proposed development is considered to be compatible with the surrounding industrial development and does not adversely impact on nearby residential areas. The adjacent road network is of a capacity that is designed to accommodate traffic associated with the nearby industrial estate. The site topography will not unduly constrain future building or operation of the development. The size of the land facilitates the use of the land for hardware and building supply sales, while the onsite characteristics are conducive to the proposed development.

The applicant submits that the proposed development is suitably located due to the following:

· It is unlikely to be affected by any activities on adjacent sites;

· It would not create any unmanageable transport demands; and

· It can be adequately serviced by existing and nearby infrastructure.

The development site is not subject to any significant risk and there are no known European or indigenous heritage items located on or near the site.

The proposal is unlikely to impact on any endangered or threatened flora, fauna, ecological communities or habitat as the site has been extensively disturbed.

Utility Services

The site is serviced by sewer, water, electricity and telecommunications. Gas services are located approximately 500m to the north of the site. Existing connections will need to be augmented to provide sufficient supply to both proposed lots and to support the proposed development.

The existing dwelling is connected to an 11kV line from the NDR and another 11kV line runs northerly through the eastern part of site. A higher voltage line runs within the western boundary. Council is in receipt of advice from Essential Energy who has indicated no objections to the eastern power line (a main feeder line) being either realigned or put underground in order to facilitate the development. This work would be undertaken in conjunction with works to install a pad mounted substation.

Council’s Technical Services Division advises that sewer and water services are located within Leeds Parade, enabling connection to the development. Connection works would be at the full cost of the developer.

Attached to the Notice of Approval is a series of conditions addressing servicing requirements for the development.

Natural Hazards

At present the site is largely unutilised, with the exception of the dwelling in the south-western corner of the northern portion of the site. As discussed above under the heading “Orange LEP 2011”, the site is located within an area of groundwater vulnerability. The applicant advises that a detailed geotechnical assessment of the site identified soils that were typically moist to wet (plastic limit) to drilling depths, indicating seasonal shallow groundwater.

A review of available mapping indicates that the site is located to the northwest of a known outcrop of naturally occurring asbestos (NOA). A detailed geotechnical assessment, including the drilling of 105 auger holes across the site, did not reveal any instances of NOA.

The site is not identified as being located within a flood or bush fire prone area. Council is advised that the site is not known to contain any instances of salinity or acid sulphate soils. It is not anticipated that the proposed development would have any significant detrimental impacts on local land resources. The site is considered to be appropriate for the development proposed.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

The proposed development is defined as advertised development by virtue of the Integrated Development provisions contained within the Environmental Planning and Assessment Act and associated Regulations. In accordance with the legislative requirements, the proposal was formally advertised for a period of 30 days. Council’s records indicate that no formal submissions from the general public were received.

Council is, however, in response of a submission from the NSW Office of Water. The submission received contains the General Terms of Approval for the proposed development. The General Terms of Approval have been incorporated into the attached Notice of Approval.

PUBLIC INTEREST s79C(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts.

SUMMARY

COMMENTS

The requirements of the Environmental Health and Building Surveyor and the Manager Engineering Services are included in the attached Notice of Approval.

Attachments

1 Notice of Approval, D15/15258 ⇩

2 Plans, D15/14987 ⇩

Sustainable Development Committee 2 June 2015

2.3 Development Application DA 203/2013(1) - 235 and 237 Leeds Parade

Attachment 1 Notice of Approval

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ORANGE CITY COUNCIL

Development Application No DA 203/2013(1)

NA15/ Container PR6596

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	Bunnings Properties Pty Ltd
Applicant Address:	11 Shirley Street ROSEHILL NSW 2142
Owner’s Name:	Bunnings Properties Pty Ltd
Land to Be Developed:	Lot 3 DP 1185665 and Lot 8 DP 7214 - 235 and 237 Leeds Parade, Orange
Proposed Development:	Hardware and Building Supplies (construction of new store), Subdivision (consolidation of land), Demolition (existing dwelling and associated outbuildings), Signage and Subdivision (two lot industrial)

Building Code of Australia building classification:	As determined by Certifier

Determination
Made On:	2 June 2015
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	3 June 2015
Consent to Lapse On:	3 June 2020

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure a quality urban design for the development which complements the surrounding environment.

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

(4) To provide adequate public health and safety measures.

(5) Because the development will require the provision of, or increase the demand for, public amenities and services.

(6) To ensure the utility services are available to the site and adequate for the development.

(7) To prevent the proposed development having a detrimental effect on adjoining land uses.

(8) To minimise the impact of development on the environment.

Conditions

(1) The development must be carried out in accordance with:

(a) Plans numbered: 1311 Drawing No 100 Amendment E; 1311 Drawing No 30 Amendment G; 1311 Drawing 130 Amendment No E; 01B_TO01 Rev B; 2009 LP- 01;

(b) statements of environmental effects or other similar associated documents that form part of the approval

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

(2) All building work must be carried out in accordance with the provisions of the Building Code of Australia.

(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

a. showing the name, address and telephone number of the principal certifying authority for the work, and

b. showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c. stating that unauthorised entry to the site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.

(4) Where any excavation work on the site extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

a protect and support the adjoining premises from possible damage from the excavation, and

b where necessary, underpin the adjoining premises to prevent any such damage.

Note: This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

Part 1 - DEMOLITION, CONSOLIDATION, NEW COMMERCIAL BUILDING

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) A Construction Management Plan shall be prepared and submitted for the approval of Council’s Manager of Development Assessments prior to the issue of a Construction Certificate. The Construction Management Plan shall include details of how the proposed mitigation measures outlined in the Statement of Environmental Effects accompanying the development application will be implemented and managed during construction.

(6) The proposed pylon sign shall have a maximum height of 6m. The applicant shall submit amended plans with an application for a construction certificate.

(7) Details of any fencing proposed along the property boundaries of the site shall be submitted to Council’s Manager of Development Assessments for approval. A 1.8m high chain wire security fence shall be provided along the western boundary of the property to restrict unauthorised access to the Rail Corridor.

(8) The development must be designed and constructed in accordance with the requirements of any relevant Australian Standard and or guideline relating to the construction of development within 25m of a rail corridor. Prior to the issue of a Construction Certificate the applicant is to provide the Rail Authority (John Holland Pty Ltd) with a report from a structural engineer demonstrating that the structural design of the development will not have an adverse impact upon the rail corridor. The Principal Certifying Authority shall not issue the Construction Certificate until it has received written confirmation from the relevant Rail Authority confirming that the design has been prepared to its satisfaction.

(9) Drainage from the development must be adequately disposed of/managed and not allowed to be discharged into the rail corridor unless prior approval is obtained from the Rail Authority. Rain water from the roof must not be projected and/or fall into the rail corridor and must be piped down the face of the building which faces the rail corridor. The Principal Certifying Authority shall not issue the Construction Certificate until it is satisfied that this condition has been complied with and drainage systems designed to ensure compliance with this condition have been indicated on the construction and drainage drawings.

(10) An amended detailed landscape plan shall be submitted to the Manager of Development Assessments for approval prior to the issue of a Construction Certificate. The amended landscape plan shall be prepared in consultation with Council’s Manager of City Presentations and shall include a review of species selection for the proposed development to ensure species are appropriate for Orange climatic conditions. In order to provide continuity with Leeds Parade south of the Northern Distributor Road the Landscape Plan shall be altered to include Quercus Palustris (Pin Oaks) being provided along the Leeds Parade frontage of the development. Further the Landscape Plan shall be altered to include Pistacia Chinensis (Chinese Pistachio) tree plantings at 10m centres along the NDR frontage in the area labelled on the Landscape Plan as “grass” matching the plantings on the southern side of the Northern Distributor Road between the Leeds Parade roundabout and the railway bridge.

(11) A Construction Certificate application is required to be submitted to, and issued by, Council/Accredited Certifier prior to any excavation or building works being carried out on site.

(12) An approval under Section 68 of the Local Government Act shall be sought from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. Details concerning the proposed backflow prevention between the nominated water tank supply and the potable system is to be provided. No plumbing and drainage is to commence until approval is granted.

(13) A Waste Management Plan shall be submitted to, and approved by Council/Accredited Certifier, prior to the issuing of a Construction Certificate.

(14) Engineering plans, showing details of all proposed work and adhering to any relevant engineering conditions of development consent, are to be submitted to, and approved by, Orange City Council prior to the issuing of a Construction Certificate.

(15) A water and soil erosion control plan shall be submitted to Orange City Council for approval prior to the issuing of a Construction Certificate. The soil and erosion control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

(16) The development’s stormwater design is to include stormwater retention within the development, designed to limit peak outflows from the land to the pre-existing natural outflows up to the 100 year ARI frequency, with sufficient allowance in overflow spillway design capacity to safely pass flows of lower frequency (that is, a rarer event) without damage to downstream property. Where appropriate, the spillway design capacity is to be determined in accordance with the requirements of the Dam Safety Committee.

The design of the detention storage is to be undertaken using the ILSAX rainfall-runoff hydrologic model or an approved equivalent capable of assessing runoff volumes and their temporal distribution as well as peak flow rates. The model is to be used to calculate the flow rates for the existing and post-development conditions. The developed flows are to be routed through the proposed storage within the model so that the outflows obtained are no greater than the flows obtained for the pre-existing natural flows.

A report detailing the results of the analysis, which includes:

· catchment plan showing sub-catchments under existing and developed conditions;

· schematic diagram of the catchment model showing sub areas and linkages;

· tabulation detailing the elevation, storage volume and discharge relationships; and

· tabulation for the range of frequencies analysed, the inflows, outflows and peak storage levels for both existing and developed conditions;

together with copies of the data files for the model and engineering design plans of the required drainage system are to be submitted and approved by Orange City Council prior to the issue a Construction Certificate.

(17) A 150mm-diameter sewer main is to be constructed from Council’s existing 375mm diameter main in Leeds Parade to serve the proposed development. Engineering plans are to be submitted to, and approved by Orange City Council, prior to the issue a Construction Certificate.

(18) The existing septic tank associated with the existing dwelling is to be accurately located and indicated on the submitted engineering plans. The septic tank shall be excavated and disposed of at a licensed landfill and the absorption trench is to be drained and the voids limed and backfilled with clean compacted material.

(19) Leeds Parade is to be reconstructed from the Northern Distributor Road roundabout to the northern boundary of Lot 8 DP 7214 in accordance with Orange City Councils Leeds Parade road widening concept plans (drawing number R426) and Roads and Maritime Service requirements. Engineering plans, showing all details of the proposed works including location of the vehicle access and traffic management works, are to be submitted to Orange City Council for approval prior to the issuing of a Construction Certificate.

Advisory note: The applicant may engage Orange City Council to undertake the works on its behalf in accordance with the agreement reached in email correspondence between Orange City Council and Bunnings dated 21 November 2014.

(20) Application is to be made for a Construction Certificate for works associated with the proposed vehicle access onto the Northern Distributor Road (NDR). Engineering plans, showing details of the proposed location of the vehicle access and traffic management works, are to be submitted to Orange City Council for approval prior to the issuing of a Construction Certificate.

The entrance/exit to the development off the NDR is to be constructed in accordance with the Roads and Maritime Service (RMS) Guidelines for Intersections at Grade “BAL”, the requirements of the Orange City Council Development and Subdivision Code and RMS requirements.

(condition (20) continued over the page)

(20) (cont)

The design is to include a barrier island constructed along the centreline of the NDR for the full length of the BAL intersection treatment, the installation of street lighting for the intersection to the relevant Australian Standard (V4), and a road pavement depth and construction the same as the existing NDR road pavement for all works within the road reserve.

Traffic control plans shall permit two way access for vehicles using the NDR during construction.

Access to the NDR is not permitted until an Occupation Certificate has been issued for the development.

(21) The Roads and Maritime Services (RMS) requirements for the development are:

· The intersection of Service Road and Leeds Parade shall be designed to accommodate the simultaneous passing of two 25 metre articulated vehicles;

· All service and delivery access to and egress from the site shall be from the northern Leeds Parade access (Service Road). Signage shall be installed advising motorists of light and heavy/delivery/service entry and exit points;

· All traffic movements into and out of the development are to be in a forward direction;

· Suitable line markings shall be provided in the design for the car park, loading and vehicular manoeuvring areas. A hold line will also need to be included at the heavy vehicle exit onto Leeds Parade and centrelines provided at the car park access points;

· Safe Intersection Sight Distance (SISD) shall be provided at each access to the public road network;

· No Right Turn [R2-6R] signs are to be provided facing traffic entering the Northern Distributor Road from the car park area;

· ‘Give Way to Pedestrian’ [R2-10] and ‘Watch for Bicycles’ [G9-57] signs are to be provided facing traffic entering Leeds Parade;

· Safe Intersection Sight Distance (SISD) shall be provided and maintained at each access to the public road network. For a 70km/h speed zone SISD is 151 metres and for a 80km/h speed zone SISD is 181 metres;

· All car parking spaces shall be clearly indicated, defined and shall conform to the dimensions outlined in AS 2890 and AS 2890.6;

· Adequate turning circles, storage room and vertical clearance needs to be provided on-site for the largest type of vehicle that would visit the site during construction or operation (this is understood to be a 25 metre articulated vehicle);

· All activities including loading and unloading of goods associated with the development are to be carried out on site in the dedicated areas;

· Landscaping, signage and fencing are not to impede sight lines of traffic within or when passing, entering or departing from the site;

· Advertising signage is to be contained within the site so that it does not create a hazard or nuisance to road users on public roads;

· Advertising signage is not to replicate any regulatory signage or give direction to traffic;

· Provide end of trip facilities for bicycle riders and pedestrians (including bicycle parking racks and lockers).

(22) The existing water main in Leeds Parade is to be relocated to the footpath reserve as part of the Leeds Parade road works. Orange City Council is to approve engineering plans for this work prior to the issue of a Construction Certificate.

(23) Engineering plans providing complete details of the proposed driveway and car parking areas are to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and are to be in accordance with Orange City Council Development and Subdivision Code.

(24) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction Certificate. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

(25) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 1 ET for water supply headworks and 1 ET for Leeds Parade water upgrade. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

(26) All stormwater from the site is to be collected and piped to a stormwater treatment system to ensure that no contamination leaves the subject land. The design and construction of the stormwater management system for the subject land shall ensure that the quality of stormwater leaving the developed site shall be equal to or better than predevelopment outflows from urban development. The criteria for assessment shall include the following pollutant load removal targets as follows:

· 85% removal of Total Suspended Solids;

· 65% removal of Total Phosphorus;

· 45% removal of Total Nitrogen loads;

· 90% removal of Gross Pollutant Loads.

Orange City Council is to approve engineering plans for this stormwater system prior to the issuing of a Construction Certificate. The applicant shall undertake comprehensive water quality modelling on for the site, using an accredited assessment tool (recommended using Music™ or other approved assessment tool) and shall include copies of the electronic data files. Modelling shall be undertaken for both pre and post development scenarios.

(27) Backflow Prevention Devices are to be installed to AS3500 Plumbing and Drainage and in accordance with Orange City Council Backflow Protection Guidelines. Details of the Backflow Prevention Devices are to be submitted to Orange City Council prior to the issuing of a Construction Certificate.

PRIOR TO WORKS COMMENCING

(28) A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.

(29) The disconnection of the water supply and sewer connections at their respective mains is to be carried out by Orange City Council. Please note that a fee (described in Orange City Council Management Plan) is required to be paid prior to the disconnection being carried out.

(30) Soil erosion control measures shall be implemented on the site in accordance with the approved plans.

DURING CONSTRUCTION/SITEWORKS

(31) The site is located within an area identified that may contain serpentinite rock formations, which can contain chrysotile, a naturally occurring asbestos. Therefore the applicant or person with management or control of the site shall ensure that a written plan (an Asbestos Management Plan) for the site is prepared in accordance with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011.

To assist applicants with developing an Asbestos Management Plan, applicants are encouraged to access the “Asbestos Management Plan for Orange City Council” 2014, which is available on Council’s website: www.orange.nsw.gov.au.

(32) If Aboriginal objects, relics, or other historical items or the like are located during development works, all works in the area of the identified object, relic or item shall cease, and the NSW Office of Environment and Heritage, and representatives from the Orange LALC shall be notified. Where required, further archaeological investigation shall be undertaken. Development works in the area of the find(s) may recommence if and when outlined by the management strategy, developed in consultation with and approved by the OEH.

(33) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm on Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

(34) Building demolition is to be carried out in accordance with Australian Standard 2601:2001 - The Demolition of Structures and the requirements of the NSW WorkCover Authority.

(35) Asbestos cement sheeting must be removed in accordance with the requirements of the WorkCover Authority.

(36) Prior to the commencement of construction works the contents of the existing septic tank are to be removed by a licensed contractor for disposal into Council’s sewer system. The septic tank is to be excavated and disposed of at a licensed landfill and the absorption trench is to be drained and the voids limed and backfilled with clean compacted material.

Evidence of such work is to be provided to the Principal Certifying Authority.

(37) Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.

(38) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this development and all work constructed within the development is to be in accordance with that Code.

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

(39) All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code.

(40) Heavy-duty concrete kerb and gutter laybacks and footpath crossings are to be constructed for the entrances to the proposed development in Leeds Parade. The location and construction of the laybacks and footpath crossings are to be as required by the Orange City Council Development and Subdivision Code.

(41) The existing Leeds Parade bike path is to be re-constructed to the widths and standards stated in the Orange City Council Development and Subdivision Code. The bike path is to be located a minimum of 1.0m clear of the turning lane kerb.

(42) The existing water service connection to the dwelling is to be sealed off at the Council water main.

(43) The existing power poles in Leeds Parade are to be relocated to accommodate all road and engineering works.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(44) Off-street car parking spaces shall be provided upon the site in accordance with the approved plans and the provisions of Development Control Plan 2004, and shall be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

(45) The applicant shall consolidate the subject land into a single allotment prior to the issue of an Occupation Certificate. The applicant shall provide evidence that the plan of consolidation has been registered with Land and Property Information.

(46) An easement over the existing 66,000 volt power line that traverses the site shall be registered on the title of the subject land. The applicant shall furnish Council with written certification prior to the issue of a subdivision certificate from Essential Energy indicating that all works required to be undertaken to support a reduced width easement as outlined in the letter from Essential Energy dated 5 May 2015 submitted in support of the development application has been undertaken. Any adjustments to existing utility services that are made necessary by this development proceeding shall be at the full cost of the developer.

(47) Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

(48) Fencing of the development shall be carried out in accordance with the approved plans.

(49) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

(50) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

(51) Certification from Orange City Council, stating that liquid trade waste measures implemented comply with Orange City Council’s Liquid Trade Waste approval, is to be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.

(52) Where Orange City Council is not the Principal Certifying Authority, a final inspection of water connection, sewer and stormwater drainage shall be undertaken by Orange City Council and a Final Notice of Inspection issued, prior to the issue of either an interim or a final Occupation Certificate.

(53) A Certificate of Compliance, from a Qualified Engineer, stating that the stormwater retention basin complies with the approved engineering plans is to be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.

(54) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on Public Land, roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions.

(55) Certificates for testable Backflow Prevention Devices are to be submitted to Orange City Council by a plumber with backflow qualifications prior to the issue of an Occupation Certificate.

(56) Prior to the issue of an Occupation Certificate Leeds Parade is to be widened 5.0m along the eastern boundary of Lot 8 DP 7214 and Lot 2 DP 1061385 and dedicated as public road at no cost to Council.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

(57) Application shall be made for a Subdivision Certificate under Section 109(C)(1)(d) of the Act.

(58) Certification from Essential Energy, stating that electricity and street lighting systems comply with Essential Energy’s Networks Division Customer Connection Policy NP11.1, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(59) An easement to drain sewage and to provide Council access for maintenance of sewerage works a minimum of 2.0 metres wide is to be created over the proposed sewerage works. The Principal Certifying Authority is to certify that the easement is in accordance with the Orange City Council Development and Subdivision Code prior to the issuing of a Subdivision Certificate.

(60) All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(61) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation or Subdivision Certificate, unless stated otherwise.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(62) The hours of operation shall be 6.00am - 10.00pm Monday to Friday and 6.00am to 7.00pm Saturdays, Sundays and public holidays.

(63) Landscaping of the site shall be maintained in perpetuity to the satisfaction of the Manager Development Assessments.

(64) Emitted noise shall not exceed 5dB(A) above background sound level measured at the nearest affected residence.

(65) Any ancillary light fittings fitted to the exterior of the building are to be shielded or mounted in a position to minimise glare to adjoining properties.

(66) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

Part 2 - TWO LOT SUBDIVISION

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(67) Engineering plans, showing details of all proposed work and adhering to any engineering conditions of development consent, are to be submitted to, and approved by, Orange City Council prior to the issuing of a Construction Certificate.

(68) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

(69) A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve proposed Lot 81. Orange City Council, prior to issuing a Construction Certificate, is to approve engineering plans for this sewerage system.

DURING CONSTRUCTION/SITEWORKS

(70) Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.

(71) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the lots from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

(72) Application shall be made for a Subdivision Certificate under Section 109(C)(1)(d) of the Act.

(73) Prior to the issuing of the Subdivision Certificate, a Surveyor’s Certificate or written statement is to be provided to the Principal Certifying Authority, stating that the buildings within the boundaries of the proposed lots comply in respect to the distances of walls from boundaries.

(74) Certification from Telstra, stating that telecommunication systems comply with Australian Standards, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(75) Certification from Essential Energy, stating that electricity and street lighting systems comply with Essential Energy’s Networks Division Customer Connection Policy NP11.1, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(76) An easement to drain sewage and to provide Council access for maintenance of sewerage works a minimum of 2.0 metres wide is to be created over the proposed sewerage works. The Principal Certifying Authority is to certify that the easement is in accordance with the Orange City Council Development and Subdivision Code prior to the issuing of a Subdivision Certificate.

(77) All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(78) Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the proposed lots requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

(79) A reciprocal right of way is to be established over the common driveway serving Lots 81 and 82 prior to the issuing of a Subdivision Certificate.

(80) All engineering conditions of development as required by this development consent as it relates to the servicing of the commercial building are to be completed prior to the issuing of a Subdivision Certificate.

(81) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation or Subdivision Certificate, unless stated otherwise.

ADVISORY NOTES

(1) Consent given to build in close proximity to the allotment boundary is in no way to be construed as permission to build on, or encroach over, the allotment boundary. Your attention is directed to the provisions of the Dividing Fences Act, which gives certain rights to adjoining owners, including use of the common boundary. In the absence of the structure standing well clear of the common boundary, it is recommended that you make yourself aware of your legal position. This may necessitate a survey to identify the allotment boundary.

GENERAL TERMS OF APPROVAL FROM THE NSW DEPARTMENT OF PRIMARY INDUSTRIES – OFFICE OF WATER

Number	Condition
Plans, standards and guidelines
1	These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to and provided by Council: (i) Site plan, map and/or surveys Any amendments or modifications to the proposed controlled activities may render these GTA invalid. If the proposed controlled activities are amended or modified the NSW Office of Water must be notified to determine if any variations to these GTA will be required.
2	Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from the NSW Office of Water. Waterfront land for the purposes of this DA is land and material in or within 40 metres of the top of the bank or shore of the river identified.
3	The consent holder must prepare or commission the preparation of: (i) Works Schedule (ii) Erosion and Sediment Control Plan (iii) Soil and Water Management Plan

Plans, standards and guidelines
4	All plans must be prepared by a suitably qualified person and submitted to the NSW Office of Water for approval prior to any controlled activity commencing. The following plans must be prepared in accordance with the NSW Office of Water's guidelines located at: www.water.nsw.gov.au/ water-Licensing/Approvals/default.aspx (i) Outlet structures (ii) Watercourse crossings
5	The consent holder must (i) carry out any controlled activity in accordance with approved plans and (ii) construct and/or implement any controlled activity by or under the direct supervision of a suitably qualified professional and (iii) when required, provide a certificate of completion to the NSW Office of Water.
Rehabilitation and maintenance
6	The consent holder must carry out a maintenance period of two (2) years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the NSW Office of Water.
7	The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the NSW Office of Water.
Reporting requirements
8	The consent holder must use a suitably qualified person to monitor the progress, completion, performance of works, rehabilitation and maintenance and report to the NSW Office of Water as required.
9-11	N/A
Bridge, causeway, culverts, and crossing
12	The consent holder must ensure that the construction of any bridge, causeway, culvert or crossing does not result in erosion, obstruction of flow, destabilisation or damage to the bed or banks of the river or waterfront land, other than in accordance with a plan approved by the NSW Office of Water.
13	The consent holder must ensure that any bridge, causeway, culvert or crossing does not obstruct water flow and direction, is the same width as the river or sufficiently wide to maintain water circulation, with no significant water level difference between either side of the structure other than in accordance with a plan approved by the NSW Office of Water.
Disposal
14	The consent holder must ensure that no materials or cleared vegetation that may (i) obstruct flow, (ii) wash into the water body, or (iii) cause damage to river banks; are left on waterfront land other than in accordance with a plan approved by the NSW Office of Water.
Drainage and Stormwater
15	The consent holder is to ensure that all drainage works (i) capture and convey runoffs, discharges and flood flows to low flow water level in accordance with a plan approved by the NSW Office of Water; and (ii) do not obstruct the flow of water other than in accordance with a plan approved by the NSW Office of Water.
16	The consent holder must stabilise drain discharge points to prevent erosion in accordance with a plan approved by the NSW Office of Water.

Plans, standards and guidelines
Erosion control
17	The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by the NSW Office of Water. These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been fully stabilised.
18-19	N/A
Maintaining river
20	The consent holder must ensure that (i) river diversion, realignment or alteration does not result from any controlled activity work and (ii) bank control or protection works maintain the existing river hydraulic and geomorphic functions, and (iii) bed control structures do not result in river degradation other than in accordance with a plan approved by the NSW Office of Water.
21 -27	N/A
END OF CONDITIONS

Other Approvals

(1) Local Government Act 1993 approvals granted under section 68.

Nil

(2) General terms of other approvals integrated as part of this consent.

Nil

Right of Appeal

If you are dissatisfied with this decision, section 97 of Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.

* Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

Disability Discrimination Act 1992:

This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992.

The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation.

The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.


Disclaimer - S88B Restrictions on the Use of Land:	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	ALLAN RENIKE - MANAGER DEVELOPMENT ASSESSMENTS
Date:	3 June 2015

Reference:	DA 130/2009(3)	Determination Date	14 May 2015
PR Number	PR18313
Applicant/s:	Mr JA Spencer
Owner/s:	Mr JA and Mrs AM Spencer
Location:	Lot 100 DP 1035863 – 454 The Escort Way, Orange
Proposal:	Modification of DA 130/2009(1) for subdivision (20 lot rural residential). The modification involves an adjustment of the required contributions under the original consent for stormwater drainage
Value:	$0

Reference:	DA 18/2014(3)	Determination Date	5 May 2015
PR Number	PR18085
Applicant/s:	Sentinel Orange Homemaker Pty Ltd
Owner/s:	Sentinel Orange Homemaker Pty Ltd
Location:	Lot 6 DP 270204 – Mitchell Highway, Orange
Proposal:	Modification of development consent DA 18/2014(1) for bulky goods premises and take away food and drink premises. The modification involves increasing the length of tenancy 6 along its east-west axis by 810mm
Value:	$5,000,000 (which is the same value as the original development)

Reference:	DA 67/2015(1)	Determination Date	21 April 2015
PR Number	PR23003
Applicant/s:	Contemporary Homes
Owner/s:	Mr MA and Mrs KA Paddison
Location:	Lot 206 DP 1130931 – 1 Eurawillah Street, Orange
Proposal:	Subdivision (two lot residential) and two dwellings
Value:	$310,000

Reference:	DA 72/2015(1)	Determination Date	1 May 2015
PR Number	PR14602
Applicant/s:	Mr DB Hill as David Hill Retirement Fund
Owner/s:	Mr DB Hill
Location:	Lot 263 DP 750406 – 119 Shadforth Drive, Shadforth
Proposal:	Dwelling alterations and additions
Value:	$2,200

Reference:	DA 73/2015(1)	Determination Date	6 May 2015
PR Number	PR71
Applicant/s:	Mr DB Hill as David Hill Retirement Fund
Owner/s:	Mr DB Hill
Location:	Lot 264 DP 750406 – 115 Shadforth Drive, Shadforth
Proposal:	Dwelling alterations and additions
Value:	$2,200

Reference:	DA 80/2015(1)	Determination Date	11 May 2015
PR Number	PR26545
Applicant/s:	Contemporary Homes Pty Ltd
Owner/s:	Regional Estates Pty Ltd
Location:	Lot 204 DP 1197373 – 45 Molloy Drive, Orange
Proposal:	Dwelling, subdivision (two lot residential) and dwelling
Value:	$325,000

Reference:	DA 87/2015(1)	Determination Date	5 May 2015
PR Number	PR18632
Applicant/s:	Mrs L Maguire
Owner/s:	Mrs LJ Maguire
Location:	Lot 11 DP 1045677 – 58 Witton Place, Orange
Proposal:	Subdivision (two lot residential)
Value:	$0

Reference:	DA 116/2015(1)	Determination Date	15 May 2015
PR Number	PR26819
Applicant/s:	NSW Rural Fire Service
Owner/s:	Verga Pty Ltd
Location:	Lot 11 DP 1206162 – Orchard Road, Springside
Proposal:	Emergency services facility and rainwater tank (110,000 litre)
Value:	$265,000

Reference:	DA 134/2015(1)	Determination Date	11 May 2015
PR Number	PR10701
Applicant/s:	Ms M Bullock
Owner/s:	Mrs JJ Soo and Soo Family Enterprises Pty Ltd
Location:	Lot 1 DP 435343 – 28 Sale Street, Orange
Proposal:	Business premises (beauty salon)
Value:	$1,000

Reference:	DA 139/2015(1)	Determination Date	14 May 2015
PR Number	PR6234
Applicant/s:	Australian Hearing Hub
Owner/s:	Petrinovic Family Pty Ltd
Location:	Lot 1 DP 758817 – 122-124 Kite Street, Orange
Proposal:	Signage
Value:	$0

Development Application
Applicant Name:	Mr S I Munro
Applicant Address:	Saddleback 27 Rocky Ponds Road BALDRY NSW 2867
Owner’s Name:	Australian Executor Trustees Limited
Land to Be Developed:	Lot 1 DP 1181850 - Tenancy 5 - Summer Centre - Summer Street, Orange
Proposed Development:	Shop (fitout of a new butchery)

Building Code of Australia building classification:	Class 6

Determination
Made On:	2 June 2015
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	3 June 2015
Consent to Lapse On:	3 June 2020