ORANGE CITY COUNCIL

Sustainable Development Committee

 

Agenda

 

4 August 2015

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Sustainable Development Committee meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on  Tuesday, 4 August 2015.

 

 

Garry Styles

General Manager

 

For apologies please contact David Waddell on 6393 8261.

    

 


Sustainable Development Committee                                                      4 August 2015

Agenda

  

1                Introduction.. 3

1.1            Apologies and Leave of Absence. 3

1.2            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 3

2                General Reports. 4

2.1            Items Approved Under the Delegated Authority of Council 4

2.2            Development Application DA 125/2015(1) - 30 Stirling Avenue. 8

 


Sustainable Development Committee                                                      4 August 2015

1       Introduction

1.1     Apologies and Leave of Absence

1.2     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

It is recommended that Committee Members now disclose any conflicts of interest in matters under consideration by the Sustainable Development Committee at this meeting.

 

 


Sustainable Development Committee                                                     4 August 2015

 

 

2       General Reports

2.1     Items Approved Under the Delegated Authority of Council

TRIM REFERENCE:        2015/1677

AUTHOR:                       Allan Renike, Manager Development Assessments    

 

 

EXECUTIVE Summary

Following is a list of development applications approved by the General Manager under the delegated authority of Council.

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 the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council be acknowledged.

 

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

 

Reference:

DA 501/2007(7)

Determination Date

6 July 2015

PR Number

PR20497

Applicant/s:

Coastplan Consulting

Owner/s:

Oak Tree Retirement Villages West Orange Pty Ltd

Location:

Lots 1000 and 1001 DP 1084264 - 109 Ploughmans Lane and 127 Bowman Avenue, Orange

Proposal:

Modification of development consent for housing for seniors or people with a disability (including a community centre and a bowling green). The modification involves altering 2 x blocks of Aa type units to type A units, resulting in additional bulk on the western elevations of the blocks.

Value:

$12,000,000 (same value as the original application)

 


 

 

Reference:

DA 241/2013(4)

Determination Date

30 June 2015

PR Number

PR19305

Applicant/s:

Carewest

Owner/s:

Carewest Foundation Ltd

Location:

Lot 300 DP 1057870 and Lot 100 DP 1195304 – 88 Dalton Street and 107 Prince Street, Orange

Proposal:

Modification of development consent for transitional group home, community facility, medical centre and Strata subdivision. The modification involves altering the layout of the south-eastern section of the main building and amending the approved Strata plan of subdivision.

Value:

$3,000,000 (same value as the original application)

 

 

Reference:

DA 362/2013(3)

Determination Date

7 July 2015

PR Number

PR18572

Applicant/s:

Mr MJ Summerton

Owner/s:

Orange City Council

Location:

Lot 200 DP 1195298 - 136 Aerodrome Road, Huntley

Proposal:

Modification of development consent for air transport facility (alterations and additions). The modification involves minor alterations to the internal layout of the emergency helicopter base hangar.

Value:

$2,800,000 ($50,000 more than the original application)

 

 

Reference:

DA 55/2015(1)

Determination Date

26 June 2015

PR Number

PR12527

Applicant/s:

Mr S and Mrs S Chieng

Owner/s:

Mr SF Cheng and Ms HO Lai

Location:

Lot 1 DP 562838 and Lots 19 and 20 DP 22785 - 22 and 24 Wentworth Lane, Orange

Proposal:

Subdivision (three lot residential boundary adjustment), demolition (ancillary structures) and two carports (one single and one double)

Value:

$0

 

 

Reference:

DA 140/2015(1)

Determination Date

14 July 2015

PR Number

PR6660

Applicant/s:

Renegade Gas Pty Ltd

Owner/s:

Mr EG and Mrs JM Roweth

Location:

Lot 51 DP 255071 - 14 Leewood Drive, Orange

Proposal:

Hardware and building supplies, and storage premises

Value:

$0

 


 

 

Reference:

DA 148/2015(1)

Determination Date

1 July 2015

PR Number

PR26342

Applicant/s:

Ms KL Hurford

Owner/s:

Claywal Holdings Pty Ltd

Location:

Lot 3305 DP 1191709 – 4 Hurford Place, Orange

Proposal:

Dwelling house and underground water tank

Value:

$350,000

 

 

Reference:

DA 152/2015(1)

Determination Date

26 June 2015

PR Number

PR12468

Applicant/s:

Orange City Bowling Club Ltd

Owner/s:

Orange City Bowling Club

Location:

Lot 194 DP 750401 - 61-89 Warrendine Street, Orange

Proposal:

Registered club (alterations and additions)

Value:

$85,000

 

 

Reference:

DA 181/2015(1)

Determination Date

19 July 2015

PR Number

PR26816

Applicant/s:

Tansix Pty Limited

Owner/s:

Orange City Council

Location:

Part Lot 231 DP 1206376 - 16 Astill Drive, Orange

Proposal:

Vehicle repair station

Value:

$400,000

 

 

Reference:

DA 184/2015(1)

Determination Date

26 June 2015

PR Number

PR800

Applicant/s:

Mrs S Song

Owner/s:

Mr CLC and Mrs YM Powell

Location:

Lot 22 DP 622688 - 186 Anson Street, Orange

Proposal:

Take away food and drink premises, and business identification signage

Value:

$60,000

 

 

Reference:

DA 204/2015(1)

Determination Date

1 July 2015

PR Number

PR805

Applicant/s:

Ms M Bullock

Owner/s:

Mr GJ and Mrs B Tancred

Location:

Lot 4 SP 17153- 4/182 Anson Street, Orange

Proposal:

Business premises (beauty salon) and business identification signage

Value:

$0

 


 

 

Reference:

DA 206/2015(1)

Determination Date

25 June 2015

PR Number

PR11580

Applicant/s:

CPRAM Investments Pty Ltd

Owner/s:

Alceon Group Pty Ltd

Location:

Lot 564 DP 776383 – 212-220 Summer Street, Orange

Proposal:

Shop (alterations)

Value:

$6,000

 

 

TOTAL NET* VALUE OF ALL DEVELOPMENTS APPROVED IN THIS PERIOD:                $951,000

* Net value relates to the value of modifications. If modifications are the same value as the original DA, then nil is added. If there is a plus/minus difference, this difference is added or taken out.

 

  


Sustainable Development Committee                                                     4 August 2015

 

 

2.2     Development Application DA 125/2015(1) - 30 Stirling Avenue

TRIM REFERENCE:        2015/1665

AUTHOR:                       Nathan Ryan, Environmental Health and Building Surveyor    

 

 

EXECUTIVE Summary

Application lodged

20 April 2015

Applicant/s

Architecture Raw Pty Ltd

Owner/s

Mr S Paunovic

Land description

Lot 209 DP 1071901 - 30 Stirling Avenue, Orange

Proposed land use

Dwelling and Attached Garage, and Detached Shed

Value of proposed development

$780,000

Council’s consent is sought for the construction of a single storey dwelling house with an attached double garage and a freestanding garden shed on land described as Lot 209 DP 1071901, known as 30 Stirling Avenue, Orange.

The subject site is vacant land located on the northern side of Stirling Avenue, with the nearest cross street being Collins Way. The site has a frontage of 27.57m, a depth of approximately 38.77m and a total area of 1104m². The land falls from the western boundary to the eastern boundary by approximately 2.0m.

Following notification to the neighbour on the adjacent property, one submission was received from the neighbour objecting to the proposal. Council staff found in a preliminary assessment that the proposal did not comply fully with the Planning guidelines of Council’s Development Control Plan (DCP), and wrote to the applicant on 14 May 2015 requesting that the proposal be redesigned to achieve closer compliance with Council’s DCP. Revised plans, (Plan No DACC 04 B-1 and DACC 05 B-1) were received from the applicant on 9 June 2015 which were no closer to meeting the Guidelines, however the submitted analysis provided further justification for the design as submitted.

The proposed development complies with the relevant controls contained in Council’s planning policies, with the exception of Visual Bulk under Part 7.7-6 of Council’s DCP 2004. The eastern wall of the 6.5m deep garage of the proposed dwelling would encroach within the visual bulk envelope by up to 2.02m at the front of the garage to 1.6m at the rear of the garage. The remaining portion of the building is stepped in from the boundary and therefore complies with the visual bulk and scale requirements of the DCP 2004.

Notwithstanding, the proposal is  generally supported by staff as it is considered satisfactory in terms of the Planning Outcomes of the DCP based on the following:

·     The encroachment of the visual bulk envelope, although significant, only relates to the attached garage section of the dwelling.

·     The general objectives of the DCP are maintained in that the proposal is consistent with the neighbourhood character, which contains large style houses.

·     Given the allotment is on a north/south access, the proposal would not reduce northern solar access of the neighbours, with the exception of the garage, the dwelling is well setback from the side boundaries.

·     The proposal allows adequate daylight, sunlight and ventilation to living areas and private open spaces of neighbouring developments. There would be no significant loss of privacy to the adjacent dwellings.

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 125/2015(1) for Dwelling and Attached Garage, and Detached Shed at Lot 209 DP 1071901 - 30 Stirling Avenue, 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

Council's consent is sought for the construction of a dwelling house with attached garage and garden shed on land described as Lot 209 DP 1071901, known as 30 Stirling Avenue, Orange.

THE PROPOSAL

The proposal involves the construction of a single storey, four bedroom dwelling house with attached double garage and a freestanding garden shed on the subject land.


 

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 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 contributes 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,

(e)     to provide a range of housing choices in planned urban and rural locations to meet population growth,

The application is considered to be consistent with aims (a), (b) and (e) as 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 R2 Low Density Residential

Lot Size Map:

Minimum Lot Size 850m2

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 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 R2 Low Density Residential zone. The proposed development is defined as a dwelling under OLEP 2011 and is permitted with consent for this zone. This application is seeking consent.

Pursuant to OLEP 2011 a dwelling house means:

a building containing only one dwelling.

To expand the above definition further, a dwelling means:

a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

Dwelling houses are permitted in the R2 Low Density Residential zone with the 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 R2 Low density Residential are as follows:

1 - Objectives of the R2 Low Density Residential Zone

·   To provide for the housing needs of the community within a low density residential environment.

·   To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·   To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity to settlement.

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

It is considered that the development complies with the objectives of the zone.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 7 - Additional Local Provisions

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 in the application are limited to the extent of cutting and filling required for the proposed dwelling. 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 site is not known to be contaminated. Excavated materials will be reused onsite as far as possible and a condition will be imposed to require that surplus materials will disposed of to an appropriate destination.

The earthworks will be appropriately supported onsite and the change in ground level is not substantial. Therefore the effect on the amenity of adjoining properties is considered to be minor.

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.

The site is not in proximity to any waterway however it is located in the Ploughmans Creek stormwater harvesting catchment area. A condition will be imposed to require sedimentation control measures to be implemented during construction work.

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 proposal has been designed to include permeable surfaces and includes minor onsite retention of stormwater through the use of stormwater pipes. It is therefore considered that the post development runoff levels will not significantly exceed the predevelopment levels.

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. The design and siting of the proposal avoids impacts on groundwater and is therefore considered acceptable.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Building Sustainability Index BASIX) applies to the subject development. The applicant has submitted a BASIX certificate in support of the development which demonstrates compliance with the State Government Water and Thermal efficiency targets. The application is consistent with the SEPP.

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 - LEP 2011 and Part - 7 Development in Residential Areas). An assessment of the proposed development against the relevant Planning Outcomes will be 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.

Zone 2(a) Urban Residential (Orange LEP 2000) corresponds to zone R2 Low Density Residential (Orange LEP 2011). As such, Part 7 of the DCP - Development in Residential Areas - is relevant to this proposal. The provisions of Part 7 are considered below.


 

Part 7 - Design Elements for Residential Development

The DCP sets the following Planning Outcomes in regard to Urban Residential Development.

Residential Design Objectives

·    To ensure that the development fits into its setting and environmental features of the locality.

·    To ensure that the appearance of housing is of a high visual quality, enhances the streetscape and complements good quality surrounding development.

·    To ensure that new development complements places with heritage significance and their settings in a contemporary way.

·    To develop a sense of place with attractive street frontages.

·    To encourage visually appealing cohesive streetscapes.

·    To create a safe and secure environment.

·    To provide consistent design elements that protect private investment.

Notwithstanding the departure from the Planning Guidelines in relation to bulk and scale, it is considered that the proposed development complies with the Residential Design Objectives of the DCP as detailed below.

Neighbourhood Character

The DCP sets the following Planning Outcomes in regard to Neighbourhood Character:

·      Site layout and building design enables the:

-    creation of attractive residential environments with clear character and identity

-    use of site features such as views, aspect, existing vegetation and landmarks

·      Buildings are designed to complement the relevant features and built form that are identified as part of the desired neighbourhood character.

·      The streetscape is designed to encourage pedestrian access and use.

The character and identity of the development are influenced by building design that maintains a common theme and consistent use of mixed contemporary materials. It is considered that the proposal will complement the pattern of development that characterises the existing residential neighbourhood. The proposal will provide for a continuation of residential land use.

4.5 Scenic Areas

Building should be constructed using predominantly non-reflective external materials.

The proposed cladding of the dwelling will be dark neutral colours, non-reflective and will blend in with the surrounding development. The roof of the proposed dwelling would not stand out on the ridgeline.


 

Building Appearance

The DCP sets the following Planning Outcomes in regard to Building Appearance:

·    The building design, detailing and finishes relate to the desired neighbourhood character, complement the residential scale of the area, and add visual interest to the street.

·    The frontages of buildings and their entries face the street.

·    Garages and car parks are sited and designed so that they do not dominate the street frontage.

It is considered that the dwelling would present satisfactorily within the street. The architectural style and presentation of the attached garage addressing Stirling Avenue will be atypical of the style of other garages within the neighbourhood, with contemporary corrugated Colorbond cladding on the eastern wall. It is however considered that the proposed building design, detailing and finishes would create visual interest to the street, whilst still being within the theme of the neighbour character. Whilst the garage of the proposal dwelling would be up to 2.02m outside the bulk and scale provision of the DCPs, visual impacts of the proposed garage on the adjoining neighbour would be minimal. The attached garage of the proposed dwelling will be a visually prominent feature when viewed from Stirling Avenue. The cladding material on the garage would provide visual relief by use of a proposed recessive colour of the Colorbond across the corrugates. A neighbour has objected to the bulk and scale of this proposal. It is however considered the dwelling is commensurate with the residential theme of the locality, albeit with a slightly different appearance to the conventional hip roof.

Setbacks

The DCP sets the following Planning Outcomes in regard to Setbacks:

·    Street setbacks contribute to the desired neighbourhood character, assist with the integration of new development and make efficient use of the site.

·    Street setbacks create an appropriate scale for the street considering all other streetscape components.

The proposed setbacks of the dwelling generally complies with the provisions of the DCP, with the exception of the side setback of the garage having consideration to bulk and scale. The garage is proposed to be set back 6.2m from Stirling Avenue, which is consistent with neighbouring dwellings. The application proposes a side setback of the garage of 1.1m from the eastern boundary. This leads to a 2.02m encroachment of the bulk and scale provisions of the DCP Planning Guidelines of Part 7.7.6. The attached garage is however directly adjacent to the neighbouring garage to the east, therefore would not adversely impact on the neighbours living area or private open space.

Whilst the garage will appear quite prominent within the street, it is considered that the overall presentation of the dwelling will be acceptable

The applicant  installed height poles on site to assist with the assessment of the application. This demonstrated that there would be minimal impact in term of overshadowing and restriction to light and ventilation to the private open space of the adjacent neighbour to the east.

This development proposal has merit when consideration is given to the slope of the site, scale of neighbouring developments, design attempts to minimise impacts (garage floor is 1m lower than the house and flat roof lines to reduce the overall height of the house.)

Bulk and Scale Objectives

·    To allow flexibility in siting buildings and to ensure that the bulk and scale of new development reasonably protects the amenity of neighbouring properties and maintains appropriate neighbourhood character.

·    To allow adequate daylight, sunlight and ventilation to living areas and private open spaces of new and neighbouring developments.

·    To encourage the sharing of views, while considering the reasonable development of the site.

Although the garage of the proposed dwelling is outside the bulk and scale envelope guidelines of the DCP, it is the only element of the proposal dwelling outside the guidelines. The proposed garage would be adjacent the existing garage of the adjoining residence to the east and therefore will have minimal deleterious effect to the neighbour. It is considered that the amenity of the adjacent neighbour would not be adversely impacted upon as there is no excessive overshadowing of their side or rear yard, there is no direct overlooking of the adjacent dwelling. The generous setback at the rear of the garage permits adequate daylight, sunlight and ventilation to the living areas and private open space of the adjoining residence to the east.

In regard to maintaining neighbourhood character, reference is made to PO 7.7.-7 Neighbourhood Character. The prevailing character of the immediate area is one of contemporary styled single and double story dwellings with attached double garages. It is also noted that there are a number of large two story dwellings in the immediate vicinity of the proposal, which tend to set the neighbourhood character of the area as one which contains larger dwellings.

Furthermore, whilst the 6m high wall of the garage would be visually prominent from the street and neighbours, the architect who designed the building submitted justification suggesting the proposed house would be under the height plane extending between the ridges of both neighbouring houses. Thus the design allows for the topographic changes of the site along with keeping in scale context with neighbouring houses.

The second objective is to allow adequate daylight, sunlight and ventilation to living areas and private open space of new and neighbouring developments. Given the allotment is a north / south axis the proposal will not adversely impact on the adjacent neighbour’s private open space, access to sunlight and ventilation to living areas. The garage of the proposed dwelling is directly adjacent to the neighbouring dwelling to the east and this minimises potential impact to their amenity.

The third objective is to encourage view sharing while considering the reasonable development of the site. The primary views of the area are to the North over Ploughmans Creek. The proposed dwelling would not adversely impact on views from these allotments. Potential loss of views from other allotments in the vicinity is considered reasonable when assessed against the DCP objectives and the Land and Environment Court’s Planning Principles.

In summary the planning objectives for bulk and scale for the proposal are achieved by the following:

·    Overshadowing generated by the proposed garage will only affect the adjacent eastern dwelling garage and has no impact to their amenity.

·    The site coverage is well within the DCP guidelines.

·    Views for the adjacent dwellings will be maintained.

·    Cut and fill for the site is minimised by the proposal.

·    The proposed dwelling appearance is in keeping with other single and two story dwellings in the locality

Therefore the proposed development as a whole in not inconsistent with the above objectives as detailed below.

Visual Bulk

The DCP sets the following Planning Outcome in regard to Visual Bulk:

·    Built form accords with the desired neighbourhood character of the area with:

-   side and rear setbacks progressively increased to reduce bulk and overshadowing

-   site coverage that retains the relatively low density landscaped character of residential area building form and siting that relates to landform, with minimal land shaping (cut and fill)

-   building height at the street frontage that maintains a comparable scale with the predominant adjacent development form

-   building to the boundary where appropriate.

The 6m high garage wall (at the front reducing to the rear) will be a dominant feature to the adjacent neighbour on the eastern boundary. However, the 4.6m set back of the proposed development behind the garage maintains light and ventilation to the living areas and private open space to the adjacent residence to the east.

The second planning outcome to allow site coverage to retain the relatively low density landscaped character of residential areas is considered to be achieved. 

The third planning outcome is achieved in that there is minimal land shaping of the site.

The dwelling design, whilst having a prominent garage, is considered to be comparable in scale with the developments in the vicinity.

The single storey scale of the dwelling and the positioning of it within the subject land will result in only the garage being outside Council’s visual bulk guidelines. The development site coverage is 35.25%; which is well below the 60% site coverage requirement for single dwellings. The rear setback off the garage permits views to the sky from the adjacent property on the east.


 

Walls and Boundaries

The DCP sets the following Planning Outcome in regard to Walls and Boundaries:

·    Building to the boundary is undertaken to provide for efficient use of the site taking into account:

-   the privacy of neighbouring dwellings and private open space

-   the access to daylight reaching adjoining properties

-   the impact of boundary walls on neighbours.

The dwelling is appropriately sited within the property such that it will result in limited impacts to adjoining properties and have satisfactory outcomes within the site in terms of privacy and private open space, and solar access.

Daylight and Sunlight

The DCP sets the following Planning Outcome in regard to Daylight and Sunlight:

·    Buildings are sited and designed to ensure:

-   daylight to habitable rooms in adjacent dwellings is not significantly reduced

-   overshadowing of neighbouring secluded open spaces or main living area windows is not significantly increased

-   consideration of Council’s Energy Efficiency Code.

The extent of shadow created by the development has been analysed by Council staff. In consideration of the DCP Guidelines, the proposal is considered to be satisfactory as outline below.

Overshadowing of Dwellings

According to the DCP Guidelines, sunlight to at least 75% of north facing living area windows within the development and on adjoining land is to be provided for a minimum of four hours on 21 June; or not further reduced than existing where already less.

The north south orientation of the allotment results in shadowing into the front yard and side of the proposed dwelling and thus does not result in excessive shadow to the adjoining neighbours. The subject dwelling is appropriately designed such that it will receive satisfactory levels of solar access into living areas, with extensive glazing within the northern elevation.

In terms of adjoining properties, submitted shadow diagrams demonstrate that the subject dwelling will have minimal impact on adjoining land, with shadows extending beyond the adjacent lot to the east in the afternoon at 3pm. It is noted that the northern private open space of the adjacent eastern property will not be affected by shadows from the proposed dwelling. Overshadowing mainly affects the eastern garage of the adjacent property and will not affect the north facing living areas or private open space of this property.


 

Overshadowing of Private Open Space

According to the DCP Guidelines, sunlight is to be available to at least 40% of required open space for dwellings within the development and on neighbouring properties for at least three hours between 9am and 3pm.

The development is appropriately sited on the land with extensive north orientated private open spaces.

The development will not impact on adjoining properties.

Views

The DCP sets the following Planning Outcomes in regard to Views:

·    Building form and design allow for residents from adjacent properties to share prominent views where possible.

·    Views including vistas of heritage items or landmarks are not substantially affected by the bulk and scale of the new development.

The proposed dwelling will not unreasonably diminish views for other properties in the vicinity.

 

The proposed single storey dwelling is considered to adequately share views. The neighbour at 28 Stirling Avenue mentioned a potential loss of views from the development following their viewing of the development proposal.

 

In considering potential impacts from view loss, assessment has been given to the Land and Environment Court’s Planning Principle arising from the case, Tenacity Consulting v Warringah. This case suggested consideration of 4 questions when determining view loss impact:

Step 1:   What views are affected?

In Orange views to Mt Canobolas, Mt Bulga, hills north of Clifton Grove, Suma Park, and Mullion Ranges are considered highly valuable. The resident at 28 Stirling Avenue does not share any of these significant views.

Step 2:   What part of the property are the views obtained?

Views from 28 Stirling Avenue are primarily obtained from their rear north facing family dining room.

Step 3:   Assess the extent of the impact.

The extent of the impact as a whole is minor at most. On the western boundary of 28 Stirling Avenue are two bedrooms, a bathroom, laundry and a study. In addition this side is cut into the land by approximately 1.4m and is screened by a hedge and an awning over.

Step 4:   Is the proposal reasonable?

It would be reasonable to assume that this vacant residential lot would be developed in the future. The applicant has made reasonable steps to allow view sharing by stepping the proposed rear section of the dwelling beyond the garage approximately 4m from the boundary, which also complies with the bulk and scale requirements.

However as noted in the Warringah Council case, “sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic”.

Views will be maintained from the rear northern aspect of 28 Stirling Avenue. In conclusion, view sharing is provided and therefore compliant.

Visual Privacy

The DCP sets the following Planning Outcome in regard to Visual Privacy:

·    Direct overlooking of principal living areas and private open spaces of other dwellings is minimised firstly by:

-   building siting and layout

-   location of windows and balconies

and secondly by:

-   design of windows or use of screening devices and landscaping.

The subject land falls from west to east, however the design of the proposed dwelling optimises the northern aspect of the site. All the living spaces in the proposed residence face into the courtyard to maximise solar access, and this will result in satisfactory outcomes in terms of visual privacy to the adjacent properties.

Acoustic Privacy

The DCP sets the following Planning Outcome in regard to Acoustic Privacy:

·    Site layout and building design:

-   protect habitable rooms from excessively high levels of external noise

-   minimise the entry of external noise to private open space for dwellings close to major noise sources

-   minimise transmission of sound through a building to affect other dwellings.

In consideration of the DCP Guidelines the proposal is considered to be satisfactory. The site is located in an area where ambient noise levels are expected to be low due to the predominant residential land use pattern.

Security

The DCP sets the following Planning Outcomes in regard to Security:

·    The site layout enhances personal safety and minimises the potential for crime, vandalism and fear.

·    The design of dwellings enables residents to survey streets, communal areas and approaches to dwelling entrances.

The siting and design of the dwelling is appropriate to be able to maintain safety and minimise the potential for crime, vandalism and fear for residents. Habitable room windows will address public roads, thereby providing opportunities for natural surveillance. The proposed landscaping wall will not restrict sightlines to public areas and will provide territorial reinforcement and delineate public and private spaces. Internal access to the dwelling will be available through garage and will provide territorial reinforcement.

Site Access and Circulation Objectives

·    To provide convenient and safe access and parking that meets the needs of all residents and visitors.

·    To encourage the integrated design of access and parking facilities to minimise visual and environmental impacts.

The development is not inconsistent with the above objectives as detailed below.

Circulation and Design

The DCP sets the following Planning Outcome in regard to Circulation and Design:

·    Accessways and parking areas are designed to manage stormwater.

·    Accessways, driveways and open parking areas are suitably landscaped to enhance amenity while providing security and accessibility to residents and visitors.

·    The site layout allows people with a disability to travel to and within the site between car parks, buildings and communal open space.

Reverse egress will be required from the attached garage consistent with the majority of residential situations across the City and is considered satisfactory.

Car Parking

The DCP sets the following Planning Outcomes in regard to Car Parking:

·    Parking facilities are provided, designed and located to:

-   enable the efficient and convenient use of car spaces and accessways within the site

-   reduce the visual dominance of car parking areas and accessways.

·    Car parking is provided with regard to the:

-   the number and size of proposed dwellings

-   requirements of people with limited mobility or disabilities.

The development will result in at least three onsite car parking spaces through the provision of the attached double garage and one stacked space in front of the garage.

Private Open Space

The DCP sets the following Planning Outcomes in regard to Private Open Space:

·    Private open space is clearly defined for private use.

·    Private open space areas are of a size, shape and slope to suit the reasonable requirements of residents including some outdoor recreational needs and service functions.

·    Private open space is:

–   capable of being an extension of the dwelling for outdoor living, entertainment and recreation

–   accessible from a living area of the dwelling

–   located to take advantage of outlooks; and to reduce adverse impacts of overshadowing or privacy from adjoining buildings

–   Orientated to optimise year round use.

The submitted plans show a covered entertainment area of 47m2. Additionally, the amount of private open space directly accessible to the living area is well in excess of the requirements of the DCP.

Open Space and Landscaping

The DCP sets the following Planning Outcomes in regard to Open Space and Landscaping:

·    The site layout provides open space and landscaped areas which:

–   contribute to the character of the development by providing buildings in a landscaped setting

–   provide for a range of uses and activities including stormwater management

–   allow cost effective management.

·    The landscape design specifies landscape themes consistent with the desired neighbourhood character; vegetation types and location, paving and lighting provided for access and security.

·    Major existing trees are retained and protected in a viable condition whenever practicable through appropriate siting of buildings, accessways and parking areas.

·    Paving is applied sparingly and integrated in the landscape design.

There is adequate land available at the rear of the proposed dwelling for future landscaping. For this reason there are no specific conditions attached.

Water and Soil Management Objectives

·    To control and minimise the impact of stormwater run-off and soil erosion on adjoining land and downstream.

·    To encourage reduced water wastage by reusing, recycling and harvesting stormwater.

The development is not inconsistent with the above objectives as detailed below.

Stormwater

The DCP sets the following Planning Outcomes in regard to Stormwater:

·    On-site drainage systems are designed to consider:

–   downstream capacity and need for on-site retention, detention and re-use

–   scope for on-site infiltration of water

–   safety and convenience of pedestrians and vehicles

–   overland flow paths.

·    Provision is made for on-site drainage which does not cause damage or nuisance flows to adjoining properties.

Relevant conditions of consent are attached to the Notice of Approval in relation to stormwater management of the site.

Erosion and Sedimentation

The DCP sets the following Planning Outcome in regard to Erosion and Sedimentation:

·    Measures implemented during construction to ensure that the landform is stabilised and erosion is controlled.

Erosion and sediment control measures will be required to be implemented during construction. Attached is a condition of consent addressing this issue.

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

The development is not inconsistent with the provisions prescribed by the Regulations.

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

BASIX Commitments (clause 97A)

A BASIX certificate has been provided in support of the application.

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

There no likely impacts associated with the development.

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

The site is considered suitable for the proposed development, being residential development on residential land. Council’s staff are not aware of any natural or physical hazards that may constrain the development from occurring in a satisfactory manner.

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. Nonetheless, Council has received one submission in relation to this application from the resident to the east of the proposal. The following issues were raised in the submission and are commented on accordingly:

1        The building is not contained within an envelope generated by planes projected at 45o over the site commencing 2.5m above existing ground level from each side and rear boundary as required by clause 7.7-6 (1) (a) of the DCP. The submission notes the difference in level between the subject site and the neighbour’s property and asserts an overbearing nature of the design. In addition the submission asserts an overdevelopment of the site.


 

This issue has been has previously been considered in this report and has been discussed in term of amenity impact to the adjacent neighbours and the neighbourhood character. A submission by the applicant acknowledges that the garage exceeds the 2.5m/45 degree guideline however qualifies this in view of the minimal overall impact to the adjacent property. In summary however it is considered that the proposed dwelling with attached garage will not adversely impact on the neighbours and streetscape of Stirling Avenue.

2        That there is an absence of a site analysis drawing to assess the constraints of the site as required by virtue of clause 7.5-1(3) of the DCP.

The DCP states that a site analysis should be submitted with an application in the following circumstances:

·    more than one dwelling on the land (ie dual occupancy, residential units)

·    new buildings in heritage conservation areas

·    development on small lots (ie less than 500m2)

·    development of more than one storey in height.

In addressing the above, none of the above criteria is relevant to the application and in this case a site analysis was not provided. However, the applicant has submitted revised elevation plans that indicate the adjacent properties and the extent of the bulk and scale envelope of the proposed dwelling and a view plan. The elevations indicate that if the proposed dwelling was to be cut into the ground on the western boundary, this would accentuate the height of the adjacent dwelling. Correspondingly, the significant cut in the natural ground level for the dwelling on the eastern boundary accentuates the perceived height of the attached garage of the proposed dwelling. It is considered the information submitted with the development application was adequate and permitted assessment of the proposal to be undertaken.

3        That the proposed garage would result in unreasonable overshadowing to the adjacent property to the east contrary to the provisions of clause 7.7-8(1) of the DCP. In addition the owner of this property values the afternoon sun to the private open space at the rear of their property and the north-western bedroom.

The subject site is orientated approximately north–south, and the rear setback off the rear of the garage permits sufficient light to the western boundary side of the adjacent dwelling in compliance with the DCP guidelines. In addition, the proposal has no overshadowing to the private open space at the rear of the adjacent dwelling.

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 generally consistent with the guidelines of DCP 2004, with the exception of the vertical bulk provisions of Clause PO 7.7-6 Visual Bulk for the garage section on the eastern boundary. Whilst the wall of the proposed garage exceeds the DCP Planning guidelines and would be a prominent feature of the street, there would be no significant amenity impacts arising in terms of overshadowing, privacy, loss of views, or loss of ventilation, particularly as the departure relates only to the garage which has a wall length of 6.5m. Beyond this, the house is well under the bulk and scale envelope. Additionally, the height of the structure is not dissimilar to that of the neighbouring house at 32 Stirling Avenue.

Therefore, on balance, it is considered that whilst the non-compliance is significant in terms of degree, in terms of effect there is no significant problem generated by the proposed development.

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 due to the minor amenity impact from the garage and the generous setback of the proposed dwelling at the rear of the garage to the adjacent eastern neighbour.

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 are included in the attached Notice of Approval.

 

Attachments

1          Notice of Approval, D15/24817

2          Plans, D15/19940

3          Submission, D15/19919

 


Sustainable Development Committee                                                               4 August 2015

2.2                       Development Application DA 125/2015(1) - 30 Stirling Avenue

Attachment 1      Notice of Approval

 

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ORANGE CITY COUNCIL

 

Development Application No DA 125/2015(1)

 

NA15/                                                                                             Container PR19875

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

 

Development Application

 

  Applicant Name:

Architecture Raw Pty Ltd

  Applicant Address:

(Attention Wayne Petrie)

102 Lords Place

ORANGE  NSW  2800

  Owner’s Name:

Mr S Paunovic

  Land to Be Developed:

Lot 209 DP 1071901 - 30 Stirling Avenue, Orange

  Proposed Development:

Dwelling and Attached Garage, and Detached Shed

 

 

Building Code of Australia

  building classification:

 

Class 1a and Class 10a

 

 

Determination

 

  Made On:

4 August 2015

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

5 August 2015

Consent to Lapse On:

5 August 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 ensure the utility services are available to the site and adequate for the development.

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

 

 

 

 

Conditions

 

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

 

(a)      Plan/s by Architecture Raw - drawings DACC 01 B-2; DACC 02 B-1; DACC 03 B; DACC 04 B; DACC 04 B-1; DACC 05 B-1; DACC 08 B; DACC 09 B; DACC 13 B; DACC15 B for Project No. 140601

 

(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)      In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of the Act, evidence that such a contract of insurance is in force is to be provided to the Principal Certifying Authority before any building work authorised to be carried out by the consent commences.

 

(5)      Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

 

a   in the case of work for which a principal contractor is required to be appointed:

 

1   the name of the licence number of the principal contractor, and

2   the name of the insurer by which the work is insured under Part 6 of that Act,

 

b   in the case of work to be done by an owner-builder:

 

1   the name of the owner-builder, and

2   if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information under this condition becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

(6)      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.

 

 

PRIOR TO WORKS COMMENCING

(7)      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.

 

(8)      The location and depth of the sewer junction/connection to Council’s sewerage system is to be determined to ensure adequate fall to the sewer is available.

 

(9)      Soil erosion control measures shall be implemented on the site.

DURING CONSTRUCTION/SITEWORKS

(10)    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.

 

(11)    Where Orange City Council is appointed as the Principal Certifying Authority, the following inspections will be required to be carried out by Council:

-    at commencement of building work

-    footing reinforcement, prior to the pouring of concrete

-    slab reinforcement, prior to the pouring of concrete

-    frame inspection

-    wet area waterproofing

-    final inspection

 

Should any of the above mandatory inspections not be carried out by Council, an Occupation Certificate will not be issued on the complete structure.

 

(12)    A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority prior to the pouring of the slab or footings.

 

(13)    All construction works are to be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans.

 

(14)    All materials on site or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

 

(15)    No obstruction is to be caused to pedestrian use of Council's footpath or to vehicular use of any public roadway during construction. These areas are to be maintained in a safe condition at all times.

 

(16)    The applicant is to provide a layback in accordance with Council policy to suit the driveway indicated on the approved plan. The finished level at the property boundary shall be 180mm above the top of kerb level. The driveway width shall be limited to 6.0m wide between the property boundary and the kerb and gutter. Where Council considers the access to be unsatisfactory, Council will order its removal.

 

(17)    All services (water, sewer and stormwater) shall be laid outside the easement unless there is a direct connection to the main within that easement.

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(18)    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.

 

(19)    Finished ground levels are to be graded away from the buildings and adjoining properties and must achieve natural drainage. The concentrated flows are to be dispersed down slope or collected and discharged to the stormwater drainage system.

 

(20)    The following certifications are required prior to the issue of an Occupation Certificate:

-    Wet area flashing

-    Smoke detector

-    Glazing compliance (shower screens and window requirements under BASIX)

-    Star rating of taps, toilets and shower heads

-    Type and R value of insulation

-    Set out survey

-    Termite protection (including notification in the meter box)

-    Energy rating of the heating and cooling system

 

(21)    Commitments listed in each relevant BASIX Certificate relating to the development must be fulfilled and certified by the installer prior to the issue of an Occupation Certificate.

 

(22)    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 Certificate, unless stated otherwise.

 

 

 

 

Other Approvals

 

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

 

          Water, sewer and stormwater

 

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

 

(1)      All plumbing and drainage (water supply, sanitary plumbing and drainage, stormwater drainage and hot water supply) is to comply with the Local Government (Water, Sewerage and Drainage) Regulation 1998, the Plumbing Code of Australia 2012 - Plumbing & Drainage and Australian Standard AS3500 - National Plumbing and Drainage Code. Such work is to be installed by a licensed plumber and is to be inspected and approved by Council prior to concealment.

 

(2)      Orange City Council is the Water and Sewer Authority for the Orange City Council area. Therefore all water and sewer works must be inspected by Council. These inspections CANNOT be carried out by a private certifier.

 

(3)      The following inspections are required to be carried out by Council as the Water and Sewer Authority:

-    internal sewer

-    hot and cold water installation

-    external sewer

-    stormwater drainage

-    final on water, sewer and stormwater drainage and Council services.

 

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

 

(4)      Hot water shall be stored at a minimum of 60OC and be delivered to all sanitary fixtures used for personal hygiene (bathrooms/ensuites) at a temperature not exceeding 50oC. Where tempering valves are installed, a sign is to be permanently fixed on the hot water heater adjacent to the tempering valve (clearly visible) indicating:

 

          “A tempering valve has been installed to prevent scalding. This valve is to be renewed at intervals as recommended by the manufacturer.”

 

(5)      Convey roof rainwater and surface water to the common drainage pipe within the easement.

 

 

 

 

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:

 

MARK HODGES - MANAGER BUILDING & ENVIRONMENT

 

Date:

 

5 August 2015

 


Sustainable Development Committee                                                                                4 August 2015

2.2                       Development Application DA 125/2015(1) - 30 Stirling Avenue

Attachment 2      Plans










Sustainable Development Committee                                                         4 August 2015

2.2                       Development Application DA 125/2015(1) - 30 Stirling Avenue

Attachment 3      Submission