Agenda of Sustainable Development Committee

Sustainable Development Committee 7 July 2015

2.1 Items Approved Under the Delegated Authority of Council

TRIM REFERENCE: 2015/1397

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(6)	Determination Date	19 June 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 removing the swimming pool from within the proposed community building and reconfiguring the internal layout of the community building, including alterations to the window and door openings.
Value:	$12,000,000 (which is the same value as the original application)
Reference:	DA 280/2012(2)	Determination Date	4 June 2015
PR Number	PR25425
Applicant/s:	Masta Investments Pty Ltd
Owner/s:	Masta Invest Pty Ltd
Location:	Lot 21 DP 1175811 – William Maker Drive, Orange
Proposal:	Modification of development consent for subdivision (22 lot residential). The modification involves correcting three erroneous conditions that reference the wrong street, and a further condition relating to soil classification, add additional curtilage to the existing house and allow the staging of the development to excise the existing house as the first stage without requiring the road upgrade at that stage.
Value:	$0

Reference:	DA 365/2012(4)	Determination Date	1 June 2015
PR Number	PR25878
Applicant/s:	Mr RM Hay
Owner/s:	Mr RM Hay
Location:	Lot 110 DP 1194964 – 56 Farrell Road, Orange
Proposal:	Modification of development consent for child care centre and business identification signage. The modification involves increasing the finished ground level of the playground area at the rear of the child care centre.
Value:	$880,000 (which is the same value as the original consent)

Reference:	DA 241/2013(3)	Determination Date	25 May 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 providing an ancillary child care service and adjusting a previously approved layout of the building to suit.
Value:	$3,000,000 (which is the same value as the original application)

Reference:	DA 284/2013(2)	Determination Date	27 May 2015
PR Number	PR25967
Applicant/s:	Bassman Drafting Services
Owner/s:	Mr AW Turner
Location:	Lot 95 DP 1180866 – 33 Colliers Avenue, Orange
Proposal:	Modification of development consent for a truck depot. The modification involves reducing the approved two storey office/admin component of the development down to one storey (which also reduces the gross floor area and the car parking requirement).
Value:	$480,000 (which is the same value as the original application)

Reference:	DA 117/2015(1)	Determination Date	16 June 2015
PR Number	PR11499
Applicant/s:	Westfund Ltd
Owner/s:	Mrs MM Brown
Location:	Lot 2 DP 534963 – 179 Summer Street, Orange
Proposal:	Business identification sign
Value:	$2,860

Reference:	DA 119/2015(1)	Determination Date	26 May 2015
PR Number	PR11456
Applicant/s:	Ms SE Taylor
Owner/s:	Ms SE Taylor
Location:	Lot 1 DP 195954 – 19 Summer Street, Orange
Proposal:	Demolition (garage), dwelling (alterations and additions), secondary dwelling and carport
Value:	$110,000

Reference:	DA 120/2015(1)	Determination Date	2 June 2015
PR Number	PR23989
Applicant/s:	Squires Property Group
Owner/s:	Mr WJ and Mrs RL Squires
Location:	Lot 100 DP 1144306 - 398 Summer Street, Orange
Proposal:	Subdivision (two lot Torrens), demolition (sheds, outbuildings and trees), subdivision (four lot Community) and dwelling houses (three)
Value:	$650,000

Reference:	DA 123/2015(1)	Determination Date	1 June 2015
PR Number	PR26804
Applicant/s:	Mr SA and Mrs KM Ellis
Owner/s:	Mr DJ and Mrs KM Bassman
Location:	Lot 403 DP 1194446 – 15 Hughes Street, Orange
Proposal:	Subdivision (two lot residential) and two dwellings
Value:	$490,000

Reference:	DA 131/2015(1)	Determination Date	15 June 2015
PR Number	PR26077
Applicant/s:	Milestone (Aust) Pty Ltd
Owner/s:	Australian Executor Trustees Limited
Location:	Lot 1 DP 1181850 - Summer Centre - 86-102 Summer Street, Orange
Proposal:	Business identification signage and external painting works
Value:	$35,000

Reference:	DA 136/2015(1)	Determination Date	2 June 2015
PR Number	PR721
Applicant/s:	GJ Gardner Homes Orange
Owner/s:	Mrs SE Donlan
Location:	Lot 6 DP 8192 – 332 Anson Street, Orange
Proposal:	Demolition (ancillary outbuildings) and secondary dwelling
Value:	$142,589

Reference:	DA 166/2015(1)	Determination Date	23 June 2015
PR Number	PR8539
Applicant/s:	Sydney Anglican Schools Corporation
Owner/s:	Sydney Anglican Schools Corporation
Location:	Lot 1 DP 819929 – 415 Mitchell Highway, Orange
Proposal:	Business identification signage
Value:	$3,750

Reference:	DA 169/2015(1)	Determination Date	3 June 2015
PR Number	PR2995
Applicant/s:	Statewide Linemarking
Owner/s:	Mr AJ and Mrs VA Ford
Location:	Lot 82 DP 792268 – 7 Corporation Place, Orange
Proposal:	Depot (change of use from factory/warehouse)
Value:	$0

Reference:	DA 174/2015(1)	Determination Date	9 June 2015
PR Number	PR24945
Applicant/s:	Orange Veterinary Hospital Pty Ltd
Owner/s:	Belriver Pty Ltd
Location:	Lot 70 DP 1161055 – 53-57 Molong Road, Orange
Proposal:	Business premises
Value:	$5,000

Reference:	DA 176/2015(1)	Determination Date	12 June 2015
PR Number	PR9740
Applicant/s:	Orange District Girl Guides Association
Owner/s:	Orange City Council
Location:	Lot 12 DP 625951 - 365 Peisley Street, Orange
Proposal:	Fence (security fence)
Value:	$10,000

TOTAL NET* VALUE OF ALL DEVELOPMENTS APPROVED IN THIS PERIOD: $1,449,019

* 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 7 July 2015

2.2 Development Application DA 43/2015(1) - 19 Glasson Drive

TRIM REFERENCE: 2015/1651

AUTHOR: Kelly Walker, Town Planner

EXECUTIVE Summary

Application lodged	17 February 2015
Applicant/s	Willowdene Constructions Pty Ltd
Owner/s	Mr RI and Mrs SE Kirkby
Land description	Lot 111 DP 1188122 - 19 Glasson Drive, Orange
Proposed land use	Subdivision (two lot residential) and Two Dwellings
Value of proposed development	$440,000

Council's consent is sought for a two lot Torrens subdivision of Lot 111 DP 1188122, known as 19 Glasson Drive, Orange. The proposed lots are defined as "Cottage Lots" (350-500m²) under Orange Development Control Plan (DCP) 2004. Proposed Lot 1 will have primary frontage and access off Glasson Drive and secondary frontage to Hughes Street. Proposed Lot 2 will have frontage and access to Hughes Street.

The proposal also involves the construction of two dwelling houses, one on each of the resulting lots. The single storey dwellings will contain three bedrooms, two bathrooms, open plan living, kitchen and dining areas, a laundry, and attached double garage.

The following assessment raises concerns in relation to adverse visual bulk and overlooking impacts, and daylighting and overshadowing impacts to neighbouring properties. The original submitted drawings show both neighbouring sites to be vacant, however this is not the case. The site to the east, known as number 17 Glasson Drive has one dwelling on it. The site to the south, known as 18 Hughes Street, is currently vacant, however has subdivision consent to be two separate lots. Revised drawings show an indicative dwelling on the site to the south. The submitted shadow diagrams do not show the correct shadow lengths, and as such, impacts on neighbours are greater than demonstrated in the application and on the plans.

The site slopes to the east, away from the road, and the proposal involves a significant amount of cut and fill to create two level building platforms. This will result in substantial retaining walls on the site, particularly on the eastern and southern boundaries, which are the boundaries with neighbouring properties. Proposed Dwellings 1 and 2 will sit much higher than their neighbours, creating adverse visual bulk, overlooking, and overshadowing impacts. Furthermore, the proposed front fence for Dwelling 1 is set forward of the building line of the garage, which is not considered acceptable as it will have adverse visual impacts on the streetscape and the neighbouring property to the east.

These impacts demonstrate that the proposed two lot subdivision and two dwellings is an over-development for this site, and is not well-designed considering the constraints of the site. The applicant has requested that Council vary certain planning outcomes in order to support the development. Should Council be of the view that these impacts to be unacceptable, then Council should consider refusing the application. Nevertheless, attached is a draft Notice of Approval which includes a range of conditions to ensure that the development operates in a responsible manner, with impacts minimised as far as possible, including a condition to move the front fence of Dwelling 1 behind the garage building line.

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 43/2015(1) for Subdivision (two lot residential) and Two Dwellings at Lot 111 DP 1188122 - 19 Glasson Drive, 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 a two lot subdivision and the construction of two dwellings, one on each resultant lot, at Lot 111 DP 1188122 - 19 Glasson Drive, Orange, as described in the proposal below.

THE PROPOSAL

The proposal involves a two lot subdivision and the construction of two dwellings. The proposal can be summarised in the following table:

STAGE 1		STAGE 2
Subdivision		Two x Three Bedroom Dwellings
Lot	Area	Dwelling	Gross Floor Area
1	428.6m²	1	166.03m²
2	371.7m²	2	168.03m²

Torrens Subdivision

The applicant is proposing a two lot Torrens subdivision which will result in "Cottage Lots" (350-500m²). Proposed Lot 1 will have primary frontage and access off Glasson Drive and secondary frontage to Hughes Street, and proposed Lot 2 will have frontage and access to Hughes Street.

Dwellings

The two single storey dwellings will each contain three bedrooms, two bathrooms, open plan living, kitchen and dining areas, a laundry, and an attached double garage. External finishes include brick walls, Colorbond roof sheeting, aluminium windows, and panel lift garage doors. Landscaping will be provided to the street frontages, and Colorbond and timber paling fencing will be used.

The site slopes to the east by about 2.3m, and therefore some cut and fill is required to create level building platforms for each of the dwellings. A retaining wall will be constructed along the entire eastern boundary, and part of the southern boundary, which ranges in height from 0.2m to 1.5m. Another retaining wall is proposed around the western elevation of Dwelling 1, where Hughes Street will sit 1.5m above the finished floor level of this dwelling.

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

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

The application is considered to be reasonably 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 site has covenants on it in relation to sewer drainage easements and land excluding minerals in relation to Crown Grants. The proposed development will not impact upon these covenants. The map below shows how the site is affected by easements, being a sewer easement along the Glasson Drive frontage, and an electricity easement at the southern part of the site.

Mapping

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

Land Zoning Map:	Land zoned R1 General Residential
Lot Size Map:	No minimum Lot Size
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 R1 General Residential zone. The proposed development is defined as a subdivision and dwelling house under the LEP 2011.

Dwelling house means:

a building or place used predominantly as a place of residence.

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.

Dwelling houses are permissible in the R1 General Residential zone with the consent of Council. Subdivision is permissible with consent pursuant to Clause 2.6(1). This application is seeking consent.

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned R1 General Residential are as follows:

· To provide for the housing needs of the community.

· To provide for a variety of housing types and densities.

· 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.

The proposed development would act to provide additional housing stock and variation in housing types and density within the City. The subject site is within proximity to routes used by public transport and is also in proximity to shops. The proposed development is consistent with the objectives of the zone.

Clause 2.6 - Subdivision - Consent Requirements

This application has been made for the subdivision of the subject land. Clause 2.6 of OLEP 2011 permits the subdivision of the subject land only with development consent.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.1 - Minimum Subdivision Lot Size

This clause requires the subdivision of land to be equal to or greater than the size nominated for the land under the Minimum Lot Size Map. The subject site is not identified on the lot size map as requiring a minimum size.

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 building platforms for the proposed dwellings. However the site slopes towards the east, where the western Hughes Street boundary is around 2.3m higher than the eastern boundary, and as such, a considerable amount of cut and fill is required to create the level building platforms. Retaining walls are required along the eastern and southern boundaries, as well as between Dwelling 1 and the road. While conditions of consents can ensure that earthworks can be appropriately supported onsite, the change in levels and resulting finished floor levels of dwellings is considered to impact on the visual amenity and overshadowing of adjoining properties. This issue is addressed in detail in Development Control Plan 2004 Part 7 - Design Elements for Residential Development.

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 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.

The site is not in proximity to any waterway, drinking water catchment or sensitive area. Conditions will be imposed to require a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries, and to ensure that the extent of disruption to the drainage of the site is appropriate and will not detrimentally affect the adjoining properties and waterways.

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 will be connected to the existing stormwater mains. It is therefore considered that the post development runoff levels will be acceptable.

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.

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 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.

The corresponding zone to zone 2(a) Urban Residential (Orange LEP 2000) is zone R1 General Residential (Orange LEP 2011). As such, Orange DCP 2004-07 - Development in Residential Areas is relevant to this proposal. The provisions of Part 7 are considered below.

Part 7 - Residential Subdivision

The DCP sets the following (applicable) Planning Outcomes in regard to urban residential subdivision.

· Lots are orientated to optimise energy-efficient principles.

The proposed development complies with the requirements of BASIX in terms of water, thermal and energy efficiencies. In particular, all rooms have natural lighting and private open space is orientated to the north and east.

· Lots below 500m² indicate a mandatory side setback to provide for solar access and privacy.

The proposal involves Torrens subdivision of the subject land to create two parcels 428.6m² and 371.7m² in size. The proposed lots are defined as "Cottage Lots" (350-500m²) pursuant to DCP 2004. A detailed assessment of solar access and privacy for each lot has been carried out below under the heading Part 7 - Design Elements for Residential Development, which concludes that there will be impacts on privacy and overshadowing.

· Lots are fully serviced and have direct frontage and access to a public road.

The proposed lots will be fully serviced and have direct frontage and access to Glasson Drive or Hughes Street. Council’s Technical Services Division has raised no objections to the proposed development and has attached relevant conditions in relation to servicing of the site.

· Design and construction complies with the Orange Development and Subdivision Code.

The subdivision design and construction will be required to comply with the Orange Development and Subdivision Code. A condition of consent is required to ensure compliance.

Part 7 - Design Elements for Residential Development

Residential Design Streetscape 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.

An assessment of the proposed developments compliance with the relevant objectives will be undertaken below.

The DCP sets out Planning Outcomes in regard to Urban Residential Development, which are addressed in detail 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.

It is considered that the proposal will be reasonably consistent with the pattern of development that characterises the “Waratah” residential neighbourhood, which comprises contemporary, single storey detached dwellings at the site frontage. The typical design of dwellings is a pitched Colorbond roof, brick walls, front porches and attached double garages. There is also a number of dual occupancy developments within the neighbourhood, particularly on corner sites such as this. The proposal will provide for a continuation of residential land use, albeit in a more compact form.

The proposed landscaping at the frontages will provide integration of the dwellings in the streetscape and improve the visual appearance of the development. However the front fence of Dwelling 1 is set forward of the building line of the garage to which it is adjacent, which results in a discordant design with other dwellings in the area, and will have adverse visual impacts on the streetscape. This fence will also have adverse visual dominance impacts to the neighbouring property to the east, especially as this neighbouring dwelling is set back approximately 2.0m further from the street and has a lower ground and floor level than proposed Dwelling 1. A condition of consent is required to ensure that the location of this fence is revised to be behind the garage building line by at least 0.5m.

The scale of the proposed dwellings is slightly smaller than typical residential development in the area, being two dwellings on a site that was intended for one dwelling. While their built form will appropriately relate to neighbouring dwellings when viewed from the street, this is not the case when viewed from neighbouring properties, where the scale and siting of the dwellings and the ancillary retaining walls and fences create adverse impacts on residential amenity. This is discussed in detail in the relevant sections below.

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.

The external finishes are considered appropriate in this neighbourhood. Provided the front fence of Dwelling 1 is set behind the building line of the garage, the building design and detailing of the development will complement dwellings recently constructed in this locality. Proposed Dwelling 1 will address Glasson Drive, with the front door, porch and a bedroom window facing the street, and landscaping in the front garden on both the Glasson Drive and Hughes Street frontages. Proposed Dwelling 2 will address Hughes Street, with the front door, porch and bedroom windows facing the street, and landscaping in the front garden. The attached double garages will be set back slightly behind the main frontage of each dwelling façade, which is satisfactory.

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.

Proposed Dwelling 1 will have a front setback from Glasson Drive of 4.5m to the main frontage, with the attached garage set back 5.6m. The DCP guidelines specify a minimum setback of 4.5m for new dwellings, however generally the other dwellings in the street have a greater setback than this. The table below demonstrates the setback of neighbouring properties in Glasson Drive:

Neighbouring Properties	Setback to Main Facade	Setback to Garage
13 Glasson Drive	4.5m (to porch)	7.21m
15 Glasson Drive	4.6m	6.34m
16 Glasson Drive (opposite site)	5.43m (4.5m to porch)	6.18m
17 Glasson Drive (directly adjacent)	6.0m	7.09m
21 Glasson Drive (other side of Hughes Street)	4.58m	5.58m
23 Glasson Drive	6.0m	7.3m

Although proposed Dwelling 1 will be closer to the street than its neighbours, it has similar setbacks as other dual occupancy developments in the immediate vicinity, including the development opposite the site on the other side of Hughes Street. As such, it will not have adverse visual impacts on the streetscape and neighbourhood character. Its front fence however does not have a sufficient setback as noted above, which will have adverse impacts on the street and the neighbour to the east, especially considering the difference in height between the properties. This fence will need to be setback behind the garage building line. The secondary setback to Hughes Street of 4.5m is considered to be satisfactory.

Proposed Dwelling 2 will have a front setback of 4.6m to the main façade and 5.7m to the garage. The proposed front setbacks are considered satisfactory for Dwelling 2, which will be consistent with other dwellings in this short section of Hughes Street.

Front Fences and Walls

The DCP sets the following Planning Outcome in regard to fences and walls:

· Front fences and walls:

– assist in highlighting entrances and creating a sense of identity within the streetscape.

– are constructed of materials compatible with associated housing and with fences visible from the site that positively contribute to the streetscape.

– provide for facilities in the street frontage area such as mail boxes.

Fences of 1.8m are proposed behind the building line for Dwelling 2, however Dwelling 1’s front fence is set forward of the building line as discussed above, which is considered unacceptable. A condition of consent is recommended to move this front fence behind the building line by at least 0.5m.

A retaining wall is proposed between Dwelling 1 and Hughes Street, and the proposed site layout and walls will result in the finished floor level of this dwelling being about 1.3m below the ground level of the Hughes Street boundary. This is the secondary (side) frontage of Dwelling 1, and landscaping has been proposed along the entire side to assist in reducing the visual impact of the difference in levels on the street. The proposed retaining wall is sufficiently set back from the Hughes Street boundary so as to not cause safety hazards for users of the footpath.

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.

The development is considered to be inconsistent with the above objectives, as it does not reasonably protect neighbouring amenity 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 areas

- 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 total site area of proposed Lot 1 is 428.6m², with a total building area footprint of 166.03m²; which gives a site coverage of 38.7%. The total site area of proposed Lot 2 is 371.7m², with a total building area footprint of 168.03m²; which gives a site coverage of 45.2%. These both comply with the 60% maximum site coverage requirement for single dwellings in the DCP.

The DCP also requires dwellings to be contained within the prescribed envelopes generated by planes projected at 45^o over the site commencing 2.5m above existing ground level from each side and rear boundary. There is sufficient separation distance between Dwelling 1 and Dwelling 2 to ensure compliance. The original submitted drawings showed both neighbouring properties to the east and south to be vacant, however this is incorrect, as a dwelling has recently been completed on the site to the east, and the site to the south has subdivision consent to be a smaller lot. Impacts to these neighbouring properties need to be considered.

Although Dwelling 1 will be significantly higher than the neighbouring property to the east, it will be wholly contained within the building envelope due to a sufficient setback from the boundary. Furthermore, the neighbouring dwelling to the east is setback a generous distance from this boundary.

Dwelling 2 will not be contained within these planes, as it is located very near to the southern boundary, and there is a difference in levels, resulting in Dwelling 2 being higher than Dwelling 1, and significantly higher than the neighbouring land to the south by around 1.3m on average. The applicant justifies the encroachment by stating that it will not have an impact on the streetscape as it is greatest at the rear, with progressive improvements towards the street frontage, and that the encroachments are minor and “within reasonable limit as to prevent visual bulk, overshadowing or privacy impacts on an adjacent future dwelling to the south”. Indicative drawings have been submitted to show that a dwelling layout can be achieved on the neighbouring site to the south.

However, Council staff disagree with this justification, where Dwelling 2 is likely to be visually over-dominant to the future neighbouring dwelling. The applicant misses the point with bulk and scale, as it does not primarily relate to a streetscape issue. As can be seen by the objective, it aims to protect the amenity of neighbouring properties.

The neighbouring site to the south, although vacant, has consent to be subdivided into two lots, and it is likely that the future neighbouring dwelling will be located nearer to the road frontage and boundary than shown, due to the small lot size, and slope of the land. The inappropriate siting and scale of Dwelling 2 also results in overshadowing and privacy impacts, which is discussed in more detail in Daylight and Sunlight and Visual Privacy below.

Council’s Development Engineers commented as to whether floor levels and ground level could be amended; that is, to reduce the difference in levels between the dwellings to achieve compliance and reduce the adverse impacts. However, the proposed levels for Dwelling 2 achieve the required driveway gradients, and any reduction in levels would affect access to this lot.

Overall it is considered that the building form and siting of the dwellings do not relate to the landform of the site, and that more than minor cut and fill is required to obtain the building pads for each dwelling. Furthermore, the retaining walls and fences will also create adverse visual bulk and overshadowing impacts, which are discussed in more detail in Walls and Boundaries and Daylight and Sunlight below.

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 applicant is proposing various retaining walls on the site, due to the existing slope to the east, and the need to cut and fill the site to create level building platforms. The entire eastern boundary and half the southern boundary requires a retaining wall, which ranges in height from 0.2-1.5m. It is also proposed to place a 1.8m high Colorbond fence on top of this retaining wall giving a total height of between 2-3.3m.

These retaining walls with fences on top also need to be contained within the visual bulk envelope, being 2.5m projecting 45o. The retaining wall and fence will project up to 3.3m in height on the eastern boundary, which represents a significant encroachment on the neighbouring dwelling to the east. The existing fence height on this boundary is approximately 1.5m, which is the height of the proposed retaining wall, therefore with the standard 1.8m high fence required for this type of development, the proposal will result in a fence more than doubling in height (to 2.3m) along a significant part of the boundary. Due to the orientation of the sites, and the neighbouring dwelling and it’s private outdoor space being setback from this boundary, daylighting and overshadowing impacts will be minimised. However the height of the walls and fences will alter the visual amenity of the neighbouring property, where the outlook from their western windows will be severely compromised. Council has not received a submission from this neighbour.

The encroachment on the property to the south (vacant land, but subdivision consent has been granted), where the combined fence and retaining wall will be up to 2.9m will also be significant, and will not be wholly contained within the bulk and scale envelopes for the site. The height of fencing at this location will cause overshadowing impacts that need to be addressed in the consideration of any future development within the adjoining property. Shadowing is discussed in further detail in Daylight and Sunlight below.

Overall the proposal, as it relates to walls and boundaries, will create visual bulk and overshadowing impacts to neighbouring sites. The earlier suggestion to alter levels would create additional problems on the site. Should Council consider the impacts that would result from the development as proposed to be unacceptable, then consideration should be given to refusing the development application.

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.

Overshadowing of Dwellings

According to the DCP Guidelines and Council’s Energy Efficiency Code, 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 applicant has submitted shadow diagrams, however they only demonstrate compliance within the development, that being Dwellings 1 and 2. Based on the slope of the site, and the orientation and layout of the dwellings, the north facing windows of the neighbouring dwelling to the east will not be impacted. The submitted indicative dwelling to south does not show daylighting to windows, or estimate levels of the dwelling or site, therefore it is uncertain as to whether north facing windows of the future dwelling to the south will be able to achieve sufficient daylighting. It is the opinion of Council officers that the future dwelling may be impacted.

Overshadowing of Private Open Space

In order to provide open space that the occupant can use and enjoy, the DCP requires sunlight to be available to at least 40% of the main area of open space for both dwellings within the development and on neighbouring properties for at least three hours between 9am and 3pm. Dwelling 1 requires 65.4m² of private open space and 26.1m² of unshaded area, and Dwelling 2 requires 66.37m² of private open space and 26.5m² of unshaded area.

The submitted shadowing diagrams demonstrate compliance with this requirement for both dwellings, however they are inaccurate as they do not properly take into account the change in slope, and the proposed retaining walls and boundary fences, therefore they do not provide the correct shadow lengths. They also do not take into account the neighbouring dwelling to the east. The revised drawings take into account an indicative dwelling for the subdivision of the site to the south. Based on calculations carried out by Council officers, compliance cannot be achieved within the development for Dwellings 1 and 2, where they are likely to only achieve 2.5 hours of the 3 hours required by the DCP. As such, there will not be sufficient daylighting provided to the proposed areas of open space.

Although Dwelling 1 is contained within the building envelope for scale and bulk, and has a sufficient setback from the boundary to assist in maintaining daylight to the neighbouring property, the boundary retaining wall and fence is very high and over-dominant and will create impacts on afternoon daylighting levels for the eastern neighbour’s area of private open space. However, it is likely that the eastern neighbour will still have 3 hours of daylighting as required by the DCP.

The submitted indicative dwelling to the neighbouring property to the south shows that adequate daylighting to private open space can probably be achieved. Council officers agree with this position.

As discussed previously, levels cannot be amended without creating access issues to the site, and while a condition of consent to limit the height of the boundary fences would help to minimise these impacts, it would create visual privacy impacts, where both Dwellings 1 and 2 could look directly into living room windows and private open spaces of the surrounding neighbouring properties to the south and east.

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 subject site is not within an important view corridor, and the proposed dwellings will not unreasonably diminish views for other properties in the vicinity.

Privacy and Security Objective

· To ensure that the siting and design of buildings provide privacy for residents and neighbours in their dwellings and principal private open space.

The development is not consistent with the above objective as detailed below.

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.

Due to the slope of the land and finished floor levels being greater than neighbouring sites, there is the potential for visual privacy impacts between the dwellings and the neighbouring properties to the east and south. Dwelling 1 is higher than the neighbouring property to the east, and while the living room windows directly face the living room windows of the neighbouring dwelling, privacy will be maintained by way of the proposed boundary fences and walls. It is noted that the neighbouring dwelling at 17 Glasson Drive already has a fence on the boundary, which is much lower than that proposed, at around 1.5m in height. A condition of consent is recommended to ensure a 1.8m high fence is erected on the boundaries to ensure maximum privacy is achieved. As indicated above, the fence in this location will be placed on a retaining wall at least 1.5m high.

Dwelling 2 is higher than all of the neighbouring properties, including proposed Dwelling 1. There is a considerable difference in levels between Dwelling 2 and the neighbour to the east, and as such there will be significant overlooking into the private open space of Dwelling 1 and into the eastern neighbour’s area of private open space from the proposed living room windows and landing. Overlooking will also extend to other eastern neighbours who have much lower levels than the subject site. A condition of consent is recommended that either requires the deletion of the easternmost window in the northern elevation of the Family room or the replacement of that window with a skylight window with a minimum sill height of 1.6m above floor level, for the replacement of the northernmost window in the eastern elevation of the family room with a highlight window or the placement of privacy screens on that window that protect the privacy of the property to the east and for a privacy screen to be erected on the landing, to ensure the neighbours can enjoy their gardens without being overlooked by Dwelling 2. Only high level bathroom windows will face the neighbouring property to the south, and it is likely these windows will use opaque or frosted glazing, therefore maintaining privacy between 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. The dwellings are detached, thus limiting the potential for sound penetration between them.

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 both dwellings are appropriate 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 and fencing will not restrict sightlines, will provide territorial reinforcement and delineate public and private spaces. Internal access to the dwellings will be available through the garages.

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.

Dwellings 1 and 2 have direct street frontages to Glasson Drive and Hughes Street respectively. Separate access will be provided to the proposed lots via vehicle crossings and driveways, and the proposed driveways are well separated from the intersection of Glasson Drive and Hughes Street. Internal access to the dwellings will be available through the garages, and the front doors are located directly adjacent to the driveways. Landscaping will be provided to both frontages.

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.

In consideration of the DCP Guidelines, the proposal is considered to be satisfactory. According to the car parking table in the DCP, the development generates a parking requirement of three off-street spaces (based on 1.5 spaces for each three bedroom dwelling).

The submitted plans show provision for four off-street parking spaces for each dwelling in the form of an attached double garage and two tandem spaces in front of the garage, giving a total of eight spaces.

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 following table demonstrates that each of the proposed dwellings is provided with open space that complies with the minimum requirement in terms of area.

Dwelling	Living Area (excluding garage, porches, etc)	Private Open Space Required by DCP	Private Open Space Provided	Compliance
1	130.85m²	65.4m²	75.2m²	yes
2	132.74m²	66.37m²	70.8m²	yes

The site plan confirms that the private open space for each dwelling will have a minimum dimension of 3m and the yards are able to provide an area of at least 5m x 5m orientated to the north and east, consistent with the requirements of the DCP. The internal living area for each dwelling will connect to its respective area of private open space by sliding doors.

However as noted previously in this report, part of the private open space for Dwelling 1, as well as it’s privacy fence, is forward of the front garage building line. This fence needs to be moved back by around 1.5m, which reduces the private open space by around 8m², resulting in a total provision of 67.2m². This still meets the requirement set out in the DCP and is considered acceptable.

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.

An acceptable landscape plan has been submitted in support of the proposal, which includes plant species that will provide integration of the dwellings and driveways within the site. The proposed landscaping includes species that are considered to be suitable to the Orange area.

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 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.

Cut and fill is proposed on the site, and as such an erosion and sediment control plan will be required to be prepared as part of the engineering design plans for the development. Attached is a condition of consent addressing this issue.

DEVELOPMENT CONTRIBUTIONS PLAN 2012

Section 94 Development Contributions

The development has been assessed pursuant to Orange Development Contributions Plan 2012. The following table itemises the contributions payable for the proposed development. The development involves the subdivision of an existing lot into two separate lots. The contribution is calculated on the basis of one new lot.

The payment of $20,000.00 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2012 (North West Orange Urban Release Area) towards the provision of the following public facilities:

Open Space and Recreation	@ $4,535.55 x 1 additional lot	4,535.55
Community and Cultural	@ $773.65 x 1 additional lot	773.65
Roads and Cycleways	@ $5,337.60 x 1 additional lot	5,337.60
Stormwater Drainage	-	0
Local Area Facilities	@ $8,770.70 x 1 additional lot	8,770.70
Plan Preparation and Administration	@ $582.50 x 1 additional lot	582.50
TOTAL:		$20,000.00

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2012 (North West Orange Urban Release Area).

Section 64 Water and Sewer Headworks Charges

Section 64 water and sewer headworks charges are also applicable to the proposal. Such charges are calculated at the time of release of the Subdivision Certificate for the proposed development.

Attached are conditions requiring the payment of the required contributions.

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

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

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

Neighbourhood Amenity

The proposed development will provide for a continuation of residential land use, albeit in a more compact form. However, in its current form, the proposal will have adverse visual impacts on the streetscape. The front fence for Dwelling 1 is set forward of the building line of the garage to which it is adjacent, resulting in a discordant design which will have adverse impacts on the streetscape and neighbourhood character. This impact can be minimised by moving the front fence for Dwelling 1 back behind the building line of the garage by at least 0.5m, therefore resulting in a more acceptable visual appearance from the street.

Visual Impacts

The proposal has significant visual bulk and overshadowing impacts on neighbouring properties. The extensive retaining walls on the eastern boundary will be of great height once the boundary fence is placed on top, resulting in adverse visual bulk and overlooking impacts, as well as daylighting and overshadowing impacts on the neighbouring dwelling to the east.

Dwelling 2 is located close to and higher than the southern boundary, resulting in the building being over dominant and causing overlooking, visual bulk and overshadowing impacts on the neighbouring site to the south. The southern retaining wall and fence will add to these impacts.

Should Council be minded to approve the application, a privacy screen on the landing of Dwelling 2 will assist to minimise adverse privacy impacts on neighbouring properties. Although additional mitigation measures may help to minimise some of the visual bulk and overshadowing impacts, they will cause issues to another aspect of the development, such as reducing the height of the boundary fences to improve visual bulk would create privacy issues.

Traffic Impacts

The capacity of the road network in the vicinity of the site is sufficient to accommodate additional localised traffic generated by the development. As considered above, proposed parking and manoeuvring arrangements will ensure that vehicles can be accommodated on the site, and enter and leave in a safe manner.

Soil Erosion

Due to the existing slope of the site, and the need for cut and fill to create the level building blocks, it is important that adequate measures are implemented during the construction phase to ensure that the proposed development would not generate adverse impacts in terms of soil erosion, particularly run off into the neighbouring sites. Attached are recommended conditions of consent addressing this issue.

Cumulative Impacts

The proposal is considered to be unsatisfactory in terms of cumulative impact. The siting and design of the proposed dwellings, in particular the change in levels and need for extensive cut and fill, and retaining walls, will result in the development having adverse impacts on neighbouring properties. Although corner sites are the typical location for development of this type, being two separate lots/dwellings, this is due to ease of access from having a secondary boundary, and due to market value. However, as demonstrated in this case, not all corner sites are appropriate for two dwellings, as the objectives and outcomes of the DCP cannot be met to maintain adequate residential amenity for neighbouring properties. It was also noted in the planning report and notice of the original subdivision consent for the area that the approved lots on the southern side of Glasson Drive would be inappropriate for dual occupancies due to the slope of the land.

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

Servicing

Council’s Technical Services Division advises that all utility services are available to the site and adequate for the proposal. The proposed development will be connected to Council’s sewer, town water and stormwater reticulations in accordance with normal requirements. Power, telephone and natural gas services will be connected to the dwellings in accordance with the requirements of the relevant supply authority. Attached is a condition of consent addressing this issue.

Physical Attributes

The slope of the site constrains the development, and the extent of cut and fill required to create building platforms for two dwellings results in non‑compliance with the objectives and outcomes of the DCP, including adverse visual bulk impacts, and adverse overlooking and overshadowing impacts for neighbouring properties. The applicant has requested that Council consider a variation to its DCP provisions to support the proposal. While mitigation measures can be used to reduce these impacts to some degree, they would diminish the quality of the proposed development, and in turn create other adverse impacts on neighbouring properties. Should Council be of the view that the request made by the applicant to vary certain planning outcomes contained within the DCP are unacceptable, then it needs to consider refusing the application.

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

The proposed development is defined as "advertised development" under the provisions of the LEP. The application was advertised for the prescribed period of 14 days and at the end of that period no submissions were received.

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 has the potential to create adverse amenity impacts on neighbouring properties. As discussed in the body of this report, the applicant has requested that Council vary certain planning outcomes in order to support the development. Should Council find the impacts to neighbours to be adverse, then Council should refuse the application.

Notwithstanding this, attached is a draft Notice of Approval outlining a range of conditions to ensure that the development proceeds in an acceptable manner, as well as conditions which attempt to render the development more suitable and have less of an impact on neighbouring properties.

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, D15/20147 ⇩

2 Plans, D15/19911 ⇩

Sustainable Development Committee 7 July 2015

2.2 Development Application DA 43/2015(1) - 19 Glasson Drive

Attachment 1 Notice of Approval

leaflogo

ORANGE CITY COUNCIL

Development Application No DA 43/2015(1)

NA15/ Container PR26180

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	Willowdene Constructions Pty Ltd
Applicant Address:	C/- Peter Basha Planning & Development PO Box 1827 ORANGE NSW 2800
Owner’s Name:	Mr RI and Mrs SE Kirkby
Land to Be Developed:	Lot 111 DP 1188122 19 Glasson Drive, Orange
Proposed Development:	Subdivision (two lot residential) and Two Dwellings

Building Code of Australia building classification:	As determined by Certifier

Determination
Made On:	7 July 2015
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	8 July 2015
Consent to Lapse On:	8 July 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 Drawings referenced 14052DA prepared by Peter Basha and dated 16.09.2014 (4 sheets), and drawings referenced 14-050 sheets DA01-13 Rev B prepared by designs@m and dated August 2014

(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.

TWO LOT SUBDIVISION

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(7) 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 or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

(8) 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.

(9) Proposed lot 2 is to be provided with interlot stormwater drainage, where the surface of the entire lot cannot be drained to the kerb and gutter at the lot frontage. A grated stormwater pit is to be constructed within each lot provided with interlot stormwater drainage. Engineering plans for this drainage system are to be approved by Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing a Construction Certificate.

(10) A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve the proposed Lot 2. Orange City Council, prior to issuing a Construction Certificate, is to approve engineering plans for this sewerage system.

PRIOR TO WORKS COMMENCING

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

DURING CONSTRUCTION/SITEWORKS

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

(13) 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 all 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.

(14) Dual water and sewerage reticulation is to be provided to every lot in the proposed residential subdivision in accordance with the Orange City Council Development and Subdivision Code.

(15) All services are to be contained within the allotment that they serve.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

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

(17) 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.

(18) The payment of $20,000.00 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2012 (North West Orange Urban Release Area) towards the provision of the following public facilities:

Open Space and Recreation	@ $4,535.55 x 1 additional lot	4,535.55
Community and Cultural	@ $773.65 x 1 additional lot	773.65
Roads and Cycleways	@ $5,337.60 x 1 additional lot	5,337.60
Stormwater Drainage	-	0
Local Area Facilities	@ $8,770.70 x 1 additional lot	8,770.70
Plan Preparation and Administration	@ $582.50 x 1 additional lot	582.50
TOTAL:		$20,000.00

The contribution must be made prior to the issue of the Subdivision Certificate. The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2012 (North West Orange Urban Release Area), which may be inspected at the Orange Civic Centre, Byng Street, Orange.

(19) 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 sewerage headworks. 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 Subdivision Certificate.

(20) 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.

(21) 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.

(22) 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 Lot 1 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.

(23) 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.

TWO DWELLINGS

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(24) 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.

(25) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. No plumbing and drainage is to commence until approval is granted.

(26) Prior to the issue of a construction certificate for any dwelling, evidence shall be provided to demonstrate that the plan of subdivision to create approved Lots 1 and 2 has been registered with NSW Land and Property Information.

(27) Due to the likelihood of overlooking from Dwelling 2 into the private open space of Dwelling 1 and to the adjoining property to the east the easternmost window in the northern elevation of the Family room of Dwelling 2 shall either be deleted or replaced a skylight window with a minimum sill height of 1.6m above floor level, the northernmost window in the eastern elevation of the family room of that Dwelling shall either be replaced with a highlight window with a minimum sill height of 1.6m above floor level or a privacy screen shall be placed on that window that protects the privacy of the property to the east and a privacy screen to a minimum height of 1.6m above floor level shall be provided on the entire external edge of the landing of that Dwelling so as to protect the privacy of the property to the east. Details of the abovementioned features shall be submitted for the approval of the Manager Development Assessments prior to the issue 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 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.

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

DURING CONSTRUCTION/SITEWORKS

(31) 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.

(32) 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.

(33) No portion of the building - including footings, eaves, overhang and service pipes - shall encroach into any easement.

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

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(35) Landscaping shall be installed in accordance with the approved plans prior to the issuing of the Occupation Certificate, and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

(36) Prior to the issue of the Occupation Certificate, a 1.8m high fence is to be provided around the perimeter of the development, excluding the frontage. A 1.8m high fence is also to be provided between Dwellings 1 and 2. The front 1.8m timber paling fence for Dwelling 1 must be set back behind the building line of the garage by between 0.5-1.0m. he height of all fencing is to be measured from the highest finished ground level adjacent to each part of that fence.

(37) The approved privacy screens for Dwelling 2 referred to in condition 27 shall be installed prior to the issuing of the Occupation Certificate, and be permanently maintained to the satisfaction of Council's Manager Development Assessments.

(38) 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.

(39) 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.

(40) 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 compliance certificate issued, prior to the issue of either an interim or a final Occupation Certificate.

(41) 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

(42) The approved privacy screens for Dwelling 2 referred to in condition 27 shall be permanently maintained to the satisfaction of Council.

(43) Landscaping that is installed in accordance with the approved plans shall be permanently maintained to the satisfaction of Council.

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:	7 July 2015

Sustainable Development Committee 7 July 2015

2.3 Development Application DA 133/2015(1) - 74 Phillip Street

TRIM REFERENCE: 2015/1594

AUTHOR: Paul Johnston, Planning Team Leader

EXECUTIVE Summary

Application lodged	28 April 2015
Applicant/s	Banksia Building Pty Ltd
Owner/s	Dont Tell Jo Pty Ltd
Land description	Lot 101 DP 1175489 – 74 Phillip Street, Orange
Proposed land use	Dual Occupancy and Subdivision (two lot residential)
Value of proposed development	$500,000

Council's consent is sought for a staged development involving the establishment of a dual occupancy (Stage 1) and two lot residential subdivision of land (Stage 2). The dual occupancy will be comprised of one 3 bedroom dwelling and one 4 bedroom dwelling. Each of the proposed dwellings will comprise external finishes of select face brick, Colorbond roofing, aluminium window frames and panel lift garage doors.

The slope and southern orientation of the subject site constrain the subject development. The submitted plans show that building designs proposed for this site do not comply with certain objectives and outcomes of the Development Control Plan (DCP). The main non-compliances relate to visual bulk impacts and adverse overshadowing impacts within the development. The applicant has requested that Council consider a variation to its DCP provisions to support the proposal. While there is some opportunity to reduce but not eliminate the visual bulk impacts of the development by requiring the building to be moved east by 300mm, there is little that can be suggested to improve the overall design of the private open spaces to facilitate more appropriate solar access to these spaces without significant redesign of the development.

Should Council be of the view that these impacts to be unacceptable, then Council should consider refusing the application. Nevertheless, attached is a draft Notice of Approval which includes a range of conditions to ensure that the development operates in a responsible manner despite the non-compliances, including a condition which requires the building to be moved east by 300mm.

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 133/2015(1) for Dual Occupancy and Subdivision (two lot residential) at Lot 101 DP 1175489 - 74 Phillip Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE APPLICATION

Application has been made for the establishment of a dual occupancy and subdivision (two lot residential) at Lot 101 DP 1175489 - 74 Phillip Street, Orange.

THE PROPOSAL

The proposed lots will comprise the following:

Proposed Lot No	Area
1	337.6m²
2	507.6m²
TOTAL	845.2m²

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,

(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) 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.

A 2m wide easement for sewer exists along the southern boundary of the development. The proposed building is located clear of the subject easement. Council staff are not aware of the title of the subject property being affected by any of the above described covenants, agreements and instruments.

Mapping

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

Land Zoning Map:	Land zoned R1 General Residential
Lot Size Map:	No Minimum Lot Size
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 R1 - General Residential zone. The proposed development is defined as a dual occupancy and subdivision under OLEP 2011. Pursuant to the dictionary contain within OLEP 2011 a dual occupancy means:

a dual occupancy (attached) or a dual occupancy (detached).

The development comprises a dual occupancy (detached) which means:

2 detached dwellings on one lot of land, but does not include a secondary dwelling.

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.

Dual occupancies and subdivision are permissible in the R1 General Residential zone with the consent of Council.

Clause 2.3 of LEP 2011 requires Council to have regard to the objectives of the zone when determining a development application. The objectives for land zoned R1 General Residential are as follows:

1 - Objectives of the R1 General Residential Zone

· To provide for the housing needs of the community.

· To provide for a variety of housing types and densities.

· 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.

In relation to the first objective, the proposed development would act to provide additional housing stock within the City. In relation to the second objective, the proposed dwellings will provide a variation of housing type and density for the City. In relation to the third objective, the proposed development has no effect. In relation to the fourth objective, the subject site is within close proximity to routes used by public transport and is also in close proximity to shops and services. In relation to the last objective, the proposed development has no effect. The proposed development is not inconsistent with the objectives of the zone.

Clause 2.6 - Subdivision - Consent Requirements

Application has been made for the subdivision of the subject land. Clause 2.6 of OLEP 2011 permits the subdivision of the subject land only with development consent. This application is seeking consent for subdivision.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.1B - Minimum Lot Sizes for Dual Occupancy, Multi Dwelling Housing and Residential Flat Buildings

This clause establishes a minimum lot size of 800m² for a dual occupancy in the R1 zone. This subject land is 845.2m² and therefore consistent with this clause.

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 dwellings. The proposed development has been designed to account for the slope of the land, and whilst the slope of the land is substantial only minor earthworks will be required to establish the proposed buildings.

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 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 site is not known to be contaminated, nor is the site 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, conditions are 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 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.

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

Council's Development Engineer has included conditions in the consent requiring the preparation of a detailed engineering plan for the proposed development that suitably addresses matters in relation to stormwater drainage of the site. Council’s Technical Services Division has advised that there will be no requirement for the provision of onsite stormwater retention. A condition of consent is however attached to the Notice of Approval requiring the payment of a contribution towards downstream drainage in this case.

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.

STATE ENVIRONMENTAL PLANNING POLICIES

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.

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.

The development is not antipathetic to the relevant objectives of this section 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 subject land is located on the southern side of Philip Street, west of Hill Street. Detached, single storey, contemporary designed dwellings and dual occupancy development set the character of this precinct that has been established in recent years. The subject land slopes steeply from the road alignment towards the rear boundary and overlooks low-lying land.

Proposed Dwelling 1 comprises a split level design which incorporates a double garage and living area beneath the main part of the dwelling so as to account for the slope of the land. Proposed Dwelling 2 will comprise single storey. It is considered that the proposal will complement the pattern of development that characterises the surrounding residential neighbourhood. The proposal will provide for a continuation of residential land use, albeit in a more compact form. Whilst the scale of the proposed buildings is slightly smaller than typical residential development in the locality, the building design and detailing for the proposed dwellings will appropriately relate to other dwellings in nearby streets. The proposed landscaping will provide integration of the dwellings in the developing streetscape and improve the visual impact of hardstand vehicle areas.

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.

New buildings are required to complement the residential scale of the area and add visual interest to the street. Garages and car parks should be designed so that they do not dominate the street. Each of the proposed dwellings include face brick walls, powder coated aluminium windows, tilt panel garage doors and Colorbond roof.

The existing developments adjoining this site to the immediate east comprise a cluster of four ‘mock Victorian’ houses being 2 separate dual occupancy developments located within a generally uniform contemporary streetscape. The horizontal design characteristics of the proposed dual occupancy will differ significantly from the vertical appearance of the building design of the adjoining dual occupancy. However, whilst the design elements of the proposed dual occupancy will not necessarily match that of the adjoining dual occupancy developments described above, the building appearance will nonetheless complement the style of other housing form in this immediate precinct and add to the overall diversity of building design within this length of streetscape. It is considered that the design is acceptable to the character of the area.

Landscaping of the frontage is also proposed as indicated in the site plan, which will assist in integrating the development within the streetscape. A double lock-up garage will be provided for each residence. Each garage will be accessed from the internal driveway and will therefore not dominate the streetscape appearance of the buildings in this locality.

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.

Proposed Dwelling 1 will have a front setback of 4.5m from Phillip Street. Proposed Dwelling 2 will be sited at the rear of proposed Dwelling 1 and will therefore not impact upon the streetscape. The proposed front setback of Dwelling 1 is considered to be satisfactory. There are no objections to the proposed setbacks.

Bulk and Scale Objectives

· 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.

An assessment of how the development responds to the bulk and scale objectives is provided 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 areas

- 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 subject land slopes steeply from Phillip Street to the rear of the block particularly in the front half of the block. Minor cut and fill of the site will be needed to provide the required building pads.

The submitted plans show that each dwelling will encroach within the prescribed visual bulk envelopes generated by planes projected at 45^o over the site commencing 2.5m above existing ground level from each side and rear boundary. The encroachments within the building envelopes raise questions about the suitability of the site to support a dual occupancy of the type proposed.

The encroachment for proposed Dwelling 1 relates to the western boundary of the subject site. The encroachment is mainly attributed to the two storey design of proposed Dwelling 1 having a setback of only 1.6m from the western boundary. The applicant has provided little justification for the support of a variation in this case other than to note the significant slope of the land from front to back and that Council has previously supported a variation to the visual bulk envelope for the dual occupancy development on adjoining land, which had similar land constraints to the subject site. The dwelling located on the property to the immediate west has a living area and associated external patio area orientated east towards the subject development. Whilst the outdoor patio area associated with the dwelling to the west is setback approximately 5.5m from its eastern boundary and some 7m from the building itself, the proposed two storey element will appear imposing when viewed from this property. The DCP objectives for bulk and scale state that a design should reasonably protect the amenity of neighbouring properties. It is difficult to argue that the development will not have some form of impact upon the amenity of neighbouring properties.

An appraisal of the plans indicates that it would be possible to lessen but not entirely eliminate the visual encroachment generated by the design of proposed Dwelling 1 by slightly adjusting the positioning of the building to the east by 0.3m. A decision to do so would only marginally improve the visual dominance of the building when viewed from the west, and in turn impact upon the proposed manoeuvring arrangements from the double garage. It is considered in this case that Council could support the height of the building given the considerable fall of the subject land from the street towards the rear of the block. It is recommended in this case that Council support the departure to the DCP and require the building be relocated 300mm east of the proposed location to reduce the visual bulk impacts.

Relocation of the building by 300mm will marginally compromise the internal manoeuvring arrangements from the garage of Dwelling 1. Whilst the manoeuvring arrangements will be narrower than first proposed, they will remain compliant with the Australian Standard for access which Council’s DCP adopts. On this basis there would appear no impediment to an adjustment of the building towards the east to minimise the encroachment and reduce the visual bulk of the development when viewed from the adjoining development. Attached is a recommended condition of consent addressing this issue.

Site Coverage

Based on an overall site area of 845.2m² and a total building area of 292m², the development will comprise an overall site coverage of 34.5% in compliance with the 50% site coverage requirement for dual occupancy development. Following subdivision of the land the proposed development would remain in compliance with the DCP requirements as outlined in the following table:

Dwelling	Footprint	Site Area	Site Coverage
1	141.3m²	337.6m² - proposed lot 1	41.8%
2	150.2m²	507.6 m² - proposed Lot 2	29.6%

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.

There is no proposal to build to the property boundary in this case.

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.

Shadow diagrams have been prepared in support of the proposed development. In consideration of the DCP Guidelines for daylight and sunlight, the proposal is considered to be unsatisfactory. The applicant has requested that Council consider a departure to the daylight and sunlight DCP provisions in this case. A detailed assessment of the proposal against the planning outcomes specific to daylight and sunlight is provided below.

Overshadowing of Dwellings

According to the DCP Guidelines and Council’s Energy Efficiency Code, 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.

Proposed Dwelling 1 will comply with the minimum requirements. Proposed Dwelling 2, however, will not receive the required amount of solar access to the north facing living room windows. This non-compliance is attributed to the positioning of the dividing fence between the two units. It is not possible to set the building further back to avoid the overshadowing impact due to the location of an easement along the southern boundary. In order to formally comply it would be necessary to require the subject window to be reduced in size. A requirement to reduce the size of the window in question would reduce the amenity of this living room and is therefore not recommended in this case.

The overshadowing impacts on adjoining lands, and in particular the dwelling located to the immediate west of the subject land, are considered to be acceptable. The submitted plans show a separation distance of approximately 7.0m between proposed Dwelling 1 and the existing dwelling located to the immediate west of the subject land. Despite the height of the proposed building, the overshadowing assessment indicates that north facing living area windows within the adjoining development will continue to receive compliant access to northern sunlight for four hours on 21 June.

Overshadowing of Private Open Space

According to the DCP Guidelines and Council’s Energy Smart Homes Code, sunlight is to be available to at least 40% of the main area of open space for dwellings within the development and on neighbouring properties for at least three hours between 9am and 3pm.

The submitted plans show that the main area of private open space will not satisfy the minimum area requirements for adequate sunlight.

The applicant was requested to consider what opportunity there was to redesign the building so to improve solar access to the main area of private open space. The applicant has since requested that Council accept the design as submitted. The applicant has provided little justification for the support of a variation in this case other than to note the significant slope of the land from front to back and that Council has previously supported a variation to the daylight and sunlight planning outcomes relating to the dual occupancy development on adjoining land, which had similar land constraints to the subject site.

The arguments made by the applicant in support of the proposed open space are acknowledged but they do little to justify the poor amenity of this particular space, especially given the climatic weather conditions typically experienced in Orange. The remaining areas of private open space in sunlight are limited in area, which is not considered to be effective or desirable solar access. Again, the non-compliance with Council’s planning controls raises further questions regarding the suitability of the site to support a dual occupancy. The steep south facing slope of the land makes it difficult to design a compliant development.

Notwithstanding the short comings associated with the design of the proposed private open space for each dwelling, there is not sufficient justification in this particular case to warrant a recommendation for refusal of the development application given the style of development that exists on adjoining land to the immediate east.

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 DCP requires that any prominent views enjoyed on neighbouring properties be taken into account in planning for the development. The subject land has views to the southwest towards Mt Canobolas. The adjoining properties enjoy views in this direction and should not be detrimentally affected by this development.

Because of the fall of the land from the street, the prominence of the double storey building will be lessened for the properties located on the northern side of the street. Views from existing residences should not be unduly restricted by the design of this development.

A dual occupancy development exists on the land to the immediate east of the subject land The living areas are generally situated to the eastern side of the building at 76 Phillip Street. Having said this, a patio exists at the rear of the northernmost dwelling at 76 Phillip Street which enjoys views through to Mt Canobolas. Following an assessment of the plans and an analysis of view corridors, it is considered that the proposed development will not adversely affect sightlines to significant views from the property at 76 Phillip Street in this case.

Privacy and Security Objectives

· To ensure that the siting and design of buildings provide privacy for residents and neighbours in their dwellings and principal private open space.

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

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.

In accordance with the DCP, site and building layout should ensure that windows do not directly overlook windows, balconies or private open spaces of adjoining dwellings. The site slopes steeply from north to south, with Dwelling 1 being 3.3m higher than Dwelling 2. A driveway located along the eastern boundary of the land provides separation between the internal and adjacent buildings. The proposed orientation of the living areas assists in maintaining privacy. The living room windows for proposed Dwelling 2, which face both towards the private open space of proposed Dwelling 2 and the private open space area of the existing dwelling to the west, have some potential to raise privacy concerns. However, following an analysis of the finished ground levels of proposed Dwelling 2 and its relationship to the height of required fencing immediately adjacent to the subject windows, it was concluded that no adverse privacy impacts would result from the development proceeding.

The first floor living room windows of Dwelling 1 essentially address the parking and manoeuvring areas associated with the proposal and are reasonably well separated from the dual occupancy that exists on the property to the immediate east. Having said this there is some potential for a privacy impact on the private open space area of the northernmost dwelling at 76 Phillip Street resulting from the positioning and design of the southernmost living room window in the eastern elevation of Dwelling 1. In order to address this issue a condition of consent is attached which requires the applicant to either redesign the window such that it comprises a high light window or alternatively attach a fixed louvre system to the external part of the window designed to allow natural sunlight into the living space but restrict views down towards the private open space area of the adjoining property. Subject to the implementation of the recommended condition it is considered that the development will provide a reasonable level of privacy between the proposed buildings between and the adjacent development.

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.

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 both dwellings is appropriate 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 and fencing will not restrict sightlines to public areas and will provide territorial reinforcement and delineate public and private spaces. Internal access to the dwellings will be available through the garages and proposed fencing 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.

The proposal provides for a double lock-up garage for Dwelling 1 and a single lock-up garage for Dwelling 2. Access to the garage of each dwelling will be provided via a constructed driveway located along the eastern side of proposed Dwelling 1. Following subdivision of the land vehicular access to proposed Dwelling 1 will be provided via a right-of-carriageway over the battleaxe handle of proposed Lot 2. Attached is a condition of consent requiring the applicant register a clause on the instrument of the right-of-carriageway specifying the ongoing maintenance responsibilities of the relevant title holders.

An adequate area within the development for manoeuvring to facilitate forward egress from both dwellings has been provided. It is noted that the driveway serving both dwellings will be quite steep. The design of the driveway will need to be in accordance with Council and Australian design standards.

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.

In consideration of the DCP Guidelines, the proposal is considered to be satisfactory. According to the car parking table in the DCP, a dual occupancy comprising 2 x three+ bedroom dwellings generates a parking demand of 1.5 spaces per dwelling plus 0.2 spaces per dwelling for visitors. The calculated parking requirement for the development is 3.4 spaces. The submitted plans show provision for four off-street parking spaces in the form of an attached double garage for Dwelling 1, an attached single garage and 1 uncovered car parking space for Dwelling 2 in compliance with the DCP provisions. There are no objections to the proposed parking arrangements.

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 following table demonstrates that each of the proposed dwellings is provided with open space that complies with the minimum requirement in terms of area.

Dwelling	Living Area (ex. Garage, porches, patios etc)	Private Open Space Required by DCP	Private Open Space Provided
1	159.1m²	79.5m²	79.5m²
2	110.7m²	55.3m²	110.3m²

All private open space is proposed to be provided behind the front building line. The site plan confirms that the private open space for each dwelling will have a minimum dimension of 3m and the yards are able to provide an area of at least 5m x 5m. The internal living area for each dwelling will connect to its respective area of private open space. Having said this, the design of the spatial relationship between the indoor/outdoor living spaces of proposed Dwelling 2 is not ideal but remains workable. Each private open space area will be enclosed by privacy fencing.

The DCP provisions indicate that it would be preferable that the main area of private open space be orientated either to the north or east. Whilst the respective areas of private open space meet the minimum area requirements of the DCP, there is some concern about the positioning of these spaces so as to achieve good solar access. The private open space areas for each dwelling are generally located on the southern side of the dwelling, which is not considered to be ideal. The shadow diagrams submitted in support of this development indicate that only a limited amount of sunlight will be available to the proposed open space areas in this case. The fact that these spaces will be predominantly in shadow will reduce the overall residential amenity of these dwellings. A detailed assessment of how the design of the proposed open space areas responds to Council’s planning outcomes for “Daylight and Sunlight” has been provided above.

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.

A landscape plan has been submitted in support of the proposal which includes plant species that will provide integration of the dwellings and driveways within the site. The proposed landscaping will include species that are considered to be suitable to the Orange area, in particular native shrubs and groundcovers, as well as hedging and trees. The development is consistent with the above planning outcome.

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:

· Onsite 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 flowpaths.

· 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.

An erosion and sediment control plan will be required to be prepared as part of the engineering design plans for the development. Attached is a condition of consent addressing this issue.

PART 7.2 - RESIDENTIAL SUBDIVISION

Subdivision

The DCP sets the following (applicable) Planning Outcomes in regard to urban residential subdivision:

· Lots below 500m² indicate a mandatory side setback to provide for solar access and privacy.

Proposed Lot 1 comprises an area of 337m² and is defined as a “town house lot” under the DCP. Proposed Lot 2 comprises an area of 507.6m² and is defined as a "standard lot” under the DCP. Proposed Lot 1 will have direct frontage to Phillip Street, with a practical access being provided via a right-of-carriageway over proposed Lot 2.

Proposed Lot 2 is a battleaxe lot and will gain access to Phillip Street from the proposed access handle. The DCP states under 7.2 - Residential Subdivision that battleaxe lots should be a minimum of 650m² in area (excluding the area of the access handle). It should be noted that this is not a planning outcome. It should also be noted that Part 7.2 of the DCP mostly relates to subdivision occurring in a developing residential areas.

Proposed Lot 2 will have an area of 389.2m² excluding the access handle, with the applicant seeking a variation of the 650m² DCP guideline for battle-axe shaped allotments in this instance. An assessment of how the design of the dual occupancy responds to Council’s planning outcomes for residential development has been undertaken above. Should Council be of the view to support the variations to the “Bulk and Scale” and “Daylight and Sunlight” planning outcomes as discussed above, it is considered appropriate to support the subdivision design.

As indicated above, the 650m² reference in the DCP is not considered a development standard or planning outcome. Onsite vehicle manoeuvring will provide for functional reversing/turning and forward direction egress to Phillip Street. It is considered that although the proposed development does not meet the mentioned lot size for a battleaxe allotment, the design and siting of the proposed dwelling is satisfactory in light of the constraints of this particular site.

The size and shape of the proposed lots will achieve reasonable residential amenity in terms of privacy. A detailed assessment of the proposed dwelling design for each lot has been carried out above under the heading “Part 7 - Design Elements for Residential Development”.

· Lots are fully serviced and have direct frontage and access to a public road.

The proposed lots will each have direct street frontage and legal and practical access to Phillip Street. Proposed Lot 2 comprises a battleaxe shaped allotment. Access to each dwelling will be provided by a constructed access located along the eastern side of Dwelling 1. Right-of-carriageway access over proposed lot 2 will be provided to facilitate legal access to Dwelling 1. Council’s Technical Services Division has advised of no objections to the proposed access arrangements.

· Design and construction complies with the Orange Development and Subdivision Code.

The subdivision design and construction will be required to comply with the Orange Development and Subdivision Code. Attached is a condition of consent addressing this issue.

DEVELOPMENT CONTRIBUTIONS PLAN 2012

The development has been assessed pursuant to Orange Development Contributions Plan 2012. The following table itemises the contributions payable for the development. Conditions are attached to reflect the following requirements.

Section 94 Development Contributions

Section 94 Development Contributions are applicable to the development pursuant to Orange Development Contributions Plan 2012 for one additional dwelling. As such the following is attached as a condition of consent.

The payment of $11,980.15 is to be made to Council in accordance with section 94 of the Act and Orange Development Contributions Plan 2012 (Development within the remainder of LGA) towards the provision of the following public facilities:

Open Space and Recreation	@ $4,648.36 x 1 additional 3 bedroom dwelling	4,648.36
Community and Cultural	@ $792.94 x 1 additional 3 bedroom dwelling	792.94
Roads and Cycleways	@ $5,744.81 x 1 additional 3 bedroom dwelling	5,744.81
Stormwater Drainage	@ $445.09 x 1 additional 3 bedroom dwelling	445.09
Local Area Facilities	-	-
Plan Preparation & Administration	@ $348.95 x 1 additional 3 bedroom dwelling	348.95
TOTAL:		$11,980.15

The contribution will be indexed quarterly in accordance with Orange Development Contributions Plan 2012 (Development within the remainder of LGA).

Section 64 Water and Sewer Headworks Charges

Section 64 water and sewer headwork charges are also applicable to the proposal. Such charges are calculated at the time of release of a Construction Certificate for the proposed dual occupancy. Relevant conditions are attached.

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

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

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

Traffic Impacts

The capacity of the road network in the vicinity of the site is sufficient to accommodate additional localised traffic generated by the development. Council’s Technical Services Division advises that the proposed driveways will be appropriately sited so as to prevent vehicle conflicts. As previously considered (see “DCP 2004”), proposed parking and manoeuvring arrangements will ensure that vehicles associated with each dwelling can enter and leave the site in a forward direction.

Neighbourhood Amenity

The proposed dwellings will provide and retain a reasonable standard of residential amenity for the proposed dwellings and development on adjoining lands in respect to privacy subject to the above mentioned changes to Dwelling 1. The proposed development will provide for a residential land use consistent with the residential precinct surrounding the subject land and will not alter the function of the neighbourhood.

Proposed Dwelling 1 comprises a split level design which incorporates a double garage and living area beneath the main part of the dwelling so as to account for the slope of the land. Proposed Dwelling 2 will comprise single storey construction. It is considered that the proposal will generally complement the pattern of development that characterises the surrounding residential neighbourhood. Whilst the scale of the proposed buildings is slightly smaller than typical residential development in the locality, the building design and detailing for the proposed dwellings will appropriately relate to other dwellings in the residential precinct. The proposed landscaping will provide integration of the dwellings in the developing streetscape and improve the overall visual impact of hardstand vehicle areas.

The development will not have adverse impacts on neighbourhood amenity.

Cumulative Impacts

The surrounding residential estate has seen several dual occupancy developments constructed in the vicinity of the subject land in recent years. Whilst this type of development has seen an unforeseen intensification within the area, the developments follow a similar pattern of residential housing. The proposed development will contribute to the diversity of housing forms in the precinct in a manner that is generally consistent with the neighbourhood character of this locality. The submission received during the exhibition period raises concerns that the proposed development will result in the potential for increased noise and traffic generation within the locality.

The local road network is considered to be of a standard that caters for traffic associated with the well-established residential precinct in this area of the City. Phillip Street is of an adequate width to cater for the anticipated volumes of traffic. Whilst the development comprises an additional two dwellings, the estimated traffic increase as a result of the proposed unit development is considered to be relatively modest in the context of the volumes of traffic that already use Phillip Street and therefore unlikely to generate adverse impacts upon the local traffic network. It is not envisaged that the proposed development would result in an adverse noise impact for surrounding residents. The design for the development adequately addresses on-site parking and manoeuvring requirements of the DCP.

Environmental Impacts

The subject land has been recently subdivided and works have been undertaken to create a residential site. As a result, significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely. The proposed development will not impact upon the locality in terms of environmental impacts.

Soil Erosion

Provided that adequate measures are implemented during the construction phase, the proposed development would not generate adverse impacts in terms of soil erosion. Attached are recommended conditions of consent addressing this issue.

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

Servicing

Physical Attributes

The slope of the site constrains the development, and the extent of cut and fill required to create building platforms for two dwellings results in non-compliance with the objectives and outcomes of the DCP, including adverse visual bulk impacts and adverse overshadowing impacts within the development. The applicant has requested that Council consider a variation to its DCP provisions to support the proposal. While mitigation measures can be used to reduce the visual bulk impacts to some degree, there is little that can be done to improve the design of the private open spaces to improve solar access to these spaces without significant redesign of the development. Should Council be of the view that the request made by the applicant to vary certain planning outcomes contained within the DCP are unacceptable, then it may wish to consider refusing the application.

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

· Concerned about the cumulative impact of the proposed development within the locality. The submission indicates that there are already four townhouses on the land neighbouring this proposed development. A further two dwellings will result in increased noise and traffic to this previously quiet street.

Matters in relation to cumulative impact have been addressed above under the heading “Cumulative Impacts”.

· Concerned about parking congestion in the locality. It is alleged that due to the very steep slope required for driveways many of the existing townhouse residents park on the street and Council strips (including a boat on occasions) and that the residents of the proposed development will do the same.

According to the car parking table in the DCP, a dual occupancy comprising 1 three bedroom dwelling and 1 four bedroom dwelling generates a parking demand of 1.5 spaces per dwelling plus 0.2 spaces per dwelling for visitors. The calculated parking requirement for the development is 3.4 spaces. The submitted plans show provision for four off-street parking spaces in the form of an attached double garage for Dwelling 1, an attached single garage and one uncovered space for Dwelling 2 in compliance with the DCP provisions. There are no restrictions in parking laws on residents who wish to park within the street.

· Concerned that the proposed development may devalue adjacent property.

The Land and Environment Court has held that the devaluation of property as a result of a development proceeding is not a relevant consideration under the provisions of Section 79C of the Environmental Planning and Assessment Act 1979.

· Concerned that the type of development will most likely be attractive to investors wishing to rent out the dwellings. The three houses on the other neighbouring side of this proposed development were built a few years ago by a developer. Neighbours currently experience excessive noise, traffic and antisocial behaviour from two of the three tenants.

Council has no control over who may or may not occupy/reside within the proposed buildings in the future. Therefore the concerns raised about the likelihood that the proposed development would be used as rental accommodation is not a relevant consideration under the provisions of Section 79C of the Environmental Planning and Assessment Act 1979. The proposed development will, albeit in a slightly more compact form of development, contribute to the diversity of housing forms in the precinct in a manner that is generally consistent with the neighbourhood character of this locality.

PUBLIC INTEREST s79C(1)(e)

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 does not entirely comply with certain planning outcomes contained within the DCP. As discussed in the body of this report, the applicant has requested that Council vary certain planning outcomes in order to support the development. Should Council find that the design limitations are unacceptable, then Council should consider refusing the application.

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, D15/20099 ⇩

2 Plans, D15/19470 ⇩

3 Submission, D15/19478 ⇩

Sustainable Development Committee 7 July 2015

2.3 Development Application DA 133/2015(1) - 74 Phillip Street

Attachment 1 Notice of Approval

leaflogo

ORANGE CITY COUNCIL

Development Application No DA 133/2015(1)

NA15/ Container PR25724

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	Banksia Building Pty Limited
Applicant Address:	12 Ralston Drive ORANGE NSW 2800
Owner’s Name:	Dont Tell Jo Pty Ltd
Land to Be Developed:	Lot 101 DP 1175489 - 74 Phillip Street, Orange
Proposed Development:	Dual Occupancy and Subdivision (two lot residential)

Building Code of Australia building classification:	As determined by the Certifier

Determination
Made On:	7 July 2015
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	8 July 2015
Consent to Lapse On:	8 July 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 Reference : 74 Phillip Street dated 27/04/15 - sheets 1-14

(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.

(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.

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.

DUAL OCCUPANCY

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(7) The payment of $11,980.15 is to be made to Council in accordance with section 94 of the Act and Orange Development Contributions Plan 2012 (Development within the remainder of LGA) towards the provision of the following public facilities:

Open Space and Recreation	@ $4,648.36 x 1 additional 3 bedroom dwelling	4,648.36
Community and Cultural	@ $792.94 x 1 additional 3 bedroom dwelling	792.94
Roads and Cycleways	@ $5,744.81 x 1 additional 3 bedroom dwelling	5,744.81
Stormwater Drainage	@ $445.09 x 1 additional 3 bedroom dwelling	445.09
Local Area Facilities	-	-
Plan Preparation & Administration	@ $348.95 x 1 additional 3 bedroom dwelling	348.95
TOTAL:		$11,980.15

The contribution will be indexed quarterly in accordance with Orange Development Contributions Plan 2012 (Development within the remainder of LGA).

(8) The southernmost window in the eastern elevation of Dwelling 1 shall be redesigned to comprise a high light window that has a minimum sill height of 1.7m above finished floor level. Alternatively, the applicant may submit details with an application for a Construction Certificate that show a fixed louvered system to be attached to the external part of the subject window designed to minimise the potential for overlooking of the adjoining properties private open space area.

(9) In order to minimise the encroachment of the proposed development within the visual bulk envelopes for the site from the western boundary, the applicant shall submit amended drawings with an application for a Construction Certificate which show proposed Dwellings 1 being repositioned 300mm east of the location shown on the stamped approved plans.

(10) An approval under Section 68 of the Local Government Act is to 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.

(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) Engineering plans providing complete details of the proposed driveway and car-parking areas is 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 be in accordance with the Orange City Council Development and Subdivision Code.

(13) 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.

(14) A payment of $444.19 shall be paid to Council, prior to the issuing of a Construction Certificate, for the construction of an off-site stormwater retention basin. Payments are indexed in accordance with Councils Management Plan current at the time of issue of a Construction Certificate.

(15) Dwelling 1 shall be provided with interlot stormwater drainage and a grated concrete stormwater pit shall be constructed to serve dwelling 1. Engineering plans for this drainage system are to be approved by Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

(16) A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve proposed dwelling 1. Engineering plans for this sewerage system are to be submitted to and approved by Orange City Council prior to the issuing of a Construction Certificate.

(17) 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 sewerage headworks. 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.

PRIOR TO WORKS COMMENCING

(18) Where any existing fencing at the perimeter of the site needs to be removed, or is of a type which does not ensure the occupants of any adjoining residence adequate privacy, new fencing of the type shown on the approved development application plans, or as referred to elsewhere in this Notice, shall be erected prior to any building or construction work being carried out upon this development.

(19) 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.

(20) 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.

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

DURING CONSTRUCTION/SITEWORKS

(22) 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.

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

(24) All materials onsite 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.

(25) Adequate care is to be taken during demolition /excavation /building/ construction to ensure that no damage is caused to any adjoining properties.

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

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

(28) 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 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.

(29) 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.

(30) A heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed in the position shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(31) A 1.8m high fence shall be provided around the perimeter of the development excluding the frontage. No fencing shall be erected forward of the front building alignment of Dwelling 1 unless permitted by exempt development. A 1.5m high fence shall be provided between each unit. The height of the fence shall be measured from the highest finished ground level adjacent to each part of that fence.

(32) A total of 4 off-street car parking spaces shall be provided upon the site in accordance with the approved plans, the provisions of Development Control Plan 2004, and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

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

(34) 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.

(35) 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.

(36) 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.

(37) 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.

(38) 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, 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.

(39) 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.

TWO LOT SUBDIVISION

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

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

(41) 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 Lot 1 and 2 comply in respect to the distances of walls from boundaries.

(42) 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.

(43) 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.

(44) 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.

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

(46) 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.

(47) The Right of Carriageway shown on the stamped approved plans shall be formally registered on the titles of the affected lots. The legal instrument providing for the Right of Carriageway shall specify the ongoing maintenance responsibilities for the access.

(48) 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.

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

*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:	8 July 2015

Project stage	Commencement	Completion
Gateway Determination	Early July	Mid July
Government Agency consultation	Late July	Mid August
Public Exhibition Period	Late July	Late August
Public Hearing	21 Days after the close of public exhibition
Consideration of Submissions	Late August	Early September
Consideration of post exhibition proposals (Report to Council)	Late September / Early October
Seeking and obtaining legal opinion from Parliamentary Counsels Office	Mid October	Late October
Submission to the Department of Planning and Infrastructure to finalise	Dependent on PCO
Anticipated date the plan will be forwarded to the Department for notification	Dependent on PCO