Agenda of Sustainable Development Committee

Sustainable Development Committee 1 September 2015

2.1 Items Approved Under the Delegated Authority of Council

TRIM REFERENCE: 2015/1892

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 202/2015(1)	Determination Date	23 July 2015
PR Number	PR23038
Applicant/s:	Lynweir Pty Ltd
Owner/s:	Lynweir Pty Ltd
Location:	Lot 100 DP 1134401 – 190-192 Lords Place, Orange
Proposal:	Demolition (existing building) and shop (new)
Value:	$700,000

Reference:	DA 22/2012(2)	Determination Date	10 August 2015
PR Number	PR11609
Applicant/s:	Mrs K Muratore
Owner/s:	Mrs K Muratore
Location:	Lot B DP 161331 – 118 Summer Street, Orange
Proposal:	Modification of Development consent – retail premises (demolition and alterations and additions) (restaurant or café). The modification involves: · change of use from retail premises (shop) to retail premises (restaurant or café) · minor increase in the gross floor area of the property · reconfigure of conversion of the former laundry for use as a disabled accessible toilet · replacement of an existing upstairs window to match work recently completed at the adjacent property 120-122 Summer Street · construction of rear and side fences
Value:	$100,000 (being the same value as the original application)

Reference:	DA 87/2013(2)	Determination Date	10 August 2015
PR Number	PR14004
Applicant/s:	James Sheahan Catholic High School
Owner/s:	The Trustees of the Roman Catholic Church for the Diocese of Bathurst
Location:	Lots 16-19 DP 9756; Lot 42 DP 9756; Lot 1 DP 995116 and Lot 1 DP 68495 - James Sheahan Catholic High School - Anson Street and Rifle Range Road, Orange. The modification involves: · modifying the lower ground and ground floor layout and external appearance of Block J, including the roof form, and external materials and finishes · modifying landscaping and outdoor tier seating/amphitheatre proximate to Block J · deleting Block K from the development · modifying the conditions of development consent to update the references to the endorsed plans and provide for staged construction of the approved development · the applicant also seeks to identify the conceptual location of an on-site stormwater retention basin, consistent with the requirement of Condition 10 of DA 87/2013(1) - the applicant has not provided any detailed engineering plans or modelling to substantiate the proposed retention basin.
Proposal:	School (alterations and additions)
Value:	$2,060,000 (being the same value as the original application)

Reference:	DA 207/2015(1)	Determination Date	27 July 2015
PR Number	PR4471
Applicant/s:	Mr S Turner
Owner/s:	Linehan Pty Ltd
Location:	Lot 10 DP 501463 – 30 Gardiner Road, Orange
Proposal:	Kiosk
Value:	$20,000

Reference:	DA 208/2015(1)	Determination Date	24 July 2015
PR Number	PR18146
Applicant/s:	Mr F Barsoum
Owner/s:	Mr DW, Mrs SJ, Mr AW and Ms AJ Blowes
Location:	Lot 1 DP 1028865 – 172-174 Summer Street, Orange
Proposal:	Restaurant or café, outdoor dining and business identification signage
Value:	$240,000

Reference:	DA 214/2015(1)	Determination Date	31 July 2015
PR Number	PR9682
Applicant/s:	Mr AJ Saunders
Owner/s:	Mr GE and Mrs DA Gale
Location:	Lot 1 DP 69436 – 161-165 Peisley Street, Orange
Proposal:	Demolition (existing building) and construction of office premises
Value:	$450,000

Reference:	DA 224/2015(1)	Determination Date	10 August 2015
PR Number	PR772
Applicant/s:	Bentleigh Sign Group
Owner/s:	NNG Pty Ltd
Location:	Lot 1 DP 606873 – 226 Anson Street, Orange
Proposal:	Business identification sign
Value:	$7,358

Reference:	DA 226/2015(1)	Determination Date	4 August 2015
PR Number	PR26106
Applicant/s:	Ms D Ryan
Owner/s:	Williams Properties (NSW) Pty Ltd
Location:	Lot 10 DP 1183249 – 74 William Street, Orange
Proposal:	Vehicle repair station and business identification signs
Value:	$20,000

Reference:	DA 238/2015(1)	Determination Date	31 July 2015
PR Number	PR9675
Applicant/s:	Clout Macarthur Pty Ltd
Owner/s:	Clout Macarthur Pty Ltd
Location:	Lot 1 DP 579827 – 131-133 Peisley Street, Orange
Proposal:	Office premises (internal fitout)
Value:	$60,000

TOTAL NET* VALUE OF ALL DEVELOPMENTS APPROVED IN THIS PERIOD: $1,497,358

* 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 1 September 2015

2.2 Development Application DA 278/2014(1) - 2 and 5 Hanrahan Place

TRIM REFERENCE: 2015/2145

AUTHOR: Paul Johnston, Planning Team Leader

EXECUTIVE Summary

Application lodged	11 September 2014
Applicant/s	Orange Service Centre Pty Ltd
Owner/s	Orange City Council
Land description	Lot 87 DP 1167633 and Lot 85 DP 1167633 – 2 and 5 Hanrahan Place, Orange
Proposed land use	Neighbourhood Shops, Take Away Food and Drink Premises, Restaurant or Café
Value of proposed development	$2,900,000

The application involves a mixed use development that includes neighbourhood shops, restaurant or cafe, and take away food and drink premises on land described as Lots 85 and 87 DP 1167633, known as 2 and 5 Hanrahan Place, Orange. These are two separate lots located on the opposite side of Hanrahan Place to each other.

In summary the proposal includes:

· A single take away food and drink premises with a drive-through facility on Lot 85 DP 1167633, along with a small complex for four tenancies that is proposed to comprise two smaller take away food and drink premises, a restaurant/cafe and a neighbourhood shop. Off-street parking will also be provided.

· A small complex for three tenancies and off-street parking on Lot 87 DP 1167633. The complex is proposed to provide a take away food and drink premises, a restaurant/cafe and a neighbourhood shop.

The submitted plans also show a proposed future liquor outlet and drive-through facility on Lot 87 DP 1167633. This element does not represent permissible development under Orange Local Environmental Plan 2011 (the LEP). Council is advised that the applicant is in the process of preparing a Planning Proposal for Council’s consideration to have the liquor outlet included as an Additional Permitted Use pursuant to Schedule 1 of the LEP. As such, the proposed liquor outlet does not form part of this development application. It is only depicted on the submitted plans for the purposes of transparency and master planning.

A Section 79C Assessment of the development has been undertaken by Council staff which indicates that the development is acceptable in this case. Attached is a Notice of Approval.

It is recommended that Council supports the proposed development.

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 278/2014(1) for Neighbourhood Shops, Take Away Food and Drink Premises, Restaurant or Cafe at Lots 85 and 87 DP 1167633 and - 2 and 5 Hanrahan Place, 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 the construction of a mixed use development including neighbourhood shops, restaurant or cafe, and take away food and drink premises on land described as Lots 85 and 87 DP 1167633, known as 2 and 5 Hanrahan Place, Orange.

THE PROPOSAL

The subject application relates to Lots 85 and 87 DP 1167633, being 2 and 5 Hanrahan Place, Orange. These are two separate lots located on the opposite side of Hanrahan Place to each other.

The proposal includes:

· A small complex for three tenancies to provide a take away food and drink premises, a restaurant/cafe and a neighbourhood shop on Lot 87 DP 1167633. Off-street parking and landscaping is also proposed.

The submitted plans also show a proposed future liquor outlet and drive-through facility on Lot 87 DP 1167633. This element does not represent permissible development. Council is advised that a Planning Proposal to have the liquor outlet included as an Additional Permitted Use pursuant to Schedule 1 of Orange LEP 2011 is under preparation. As such, the proposed liquor outlet does not form part of this development application. It is only depicted on the submitted plans for the purposes of transparency and master planning.

A summary of each aspect of the proposed development is provided below:

Stand-alone Take Away Food and Drink Premises

It is proposed to construct a stand-alone take away food and drink premises within Lot 85 DP 1167633. The submitted plans show that the building will have a floor area of 316.46m² and be supported by a drive-through facility. A detailed floor plan has not been provided. Council is advised that a tenant is yet to be secured and internal layout requirements are unknown at this stage. A separate development application for signage and fitout will be required for the eventual tenant.

The proposed building will comprise single storey construction and adopts a rectilinear architectural design. External finishes will comprise a mix of rendered and painted blockwork and barestone cladding. Alucobond (light composite material consisting of two aluminium cover sheets and a core made of polyethylene) is proposed around the glazed shopfront, and FC sheeting is proposed along the fascia above the shopfront. Roofing will comprise Colorbond trimdek.

A drive-through facility and queuing area will be provided around the eastern, southern and western sides of the building.

Complexes (food and drink premises and neighbourhood shops)

It is proposed to construct a small complex on each of Lots 85 and 87 DP 1167633.

The complex on Lot 85 will comprise:

· four tenancies, each with a floor area of approximately 100m²

· a common amenities area to provide male, female and accessible toilets, as well as a cleaner room and plant room.

The proposed building will comprise single storey construction and also adopts a rectilinear architectural design. External finishes will comprise a mix of rendered and painted blockwork and barestone cladding. Alucobond is proposed as a parapet feature wall around the northern corner of the building. Shopfront glazing is proposed along the western elevation, with FC signage fascia above. Roofing will comprise Colorbond trimdek.

The complex on Lot 87 will comprise:

· three tenancies, each with a floor area of approximately 100m²

· a common amenities area to provide male, female and accessible toilets, as well as a cleaner room and plant room.

The proposed building will also comprise single storey construction and also adopts a rectilinear architectural design. The building design incorporates a distinguishing feature corner element to add visual interest to the building. External finishes will include generous shopfront glazing along the front, barestone clad main walls; FC sheeting along the signage fascia above the shopfronts, alucobond and translucent cladding on the corner parapet feature.

Detailed floor plans have not been provided as tenants are yet to be secured, and therefore internal layout requirements are unknown at this stage. The applicant has acknowledged that a future development application for first use, change of use, signage and fitout may be required for eventual tenants.

INTEGRATED DEVELOPMENT

In accordance with the provisions of the Environmental Planning and Assessment Act 1979, the proposed development is classified as “Nominated Integrated” development, and as such required referral to the NSW Office of Water as the proposed development on lot 87 is located within 40m of a prescribed stream. The NSW Office of Water has issued concurrence for the proposed development. The General Terms of Approval issued by the NSW Office of Water have been incorporated into the attached Notice of Approval as required by legislation.

MATTERS FOR CONSIDERATION

Section 5A Assessment

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

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

Section 79C

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

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

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

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

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

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

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

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

Lot 85 is affected by drainage, sewer and electricity easements and Lot 87 is affected by and easement for drainage and water. The proposed development does not impact upon these easements. Council staff are not aware of the title of the subject property being affected by any other restrictions.

Mapping

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

Land Zoning Map:	Land zoned SP3 Tourist
Lot Size Map:	Minimum Lot Size 2,000m²
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

The subject site is located within the SP3 Tourist zone. The proposed development comprises a mixed use development including restaurant or cafe, take away food and drink premises and neighbourhood shops. These uses are defined under Orange LEP 2011 as follows:

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.

The proposed development is permissible with the consent of Council.

The SP3 objectives are:

· To provide for a variety of tourist-oriented development and related uses.

· To cater for the needs of the travelling public.

The proposed development is considered to be consistent with the objectives of the zone. Whilst it could be argued that the proposed uses are not strictly tourist orientated, they do however have the potential to be of service to tourists. The proposed food outlets will cater for the travelling public and there is some potential for a limited number of neighbourhood shops to also offer a service to the travelling public in this regard.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Not relevant to the application.

Part 5 - Miscellaneous Provisions

Clause 5.4 - Controls Relating to Miscellaneous Permissible Uses

Clause 5.4(7) of the LEP applies to the subject development. Clause 5.4(7) limits the size of a single neighbourhood shop to 140m². The proposal as submitted complies in this regard.

Part 6 - Urban Release Area

Not relevant to the application. The subject site is not located in an Urban Release Area.

Part 7 - Additional Local Provisions

7.1 - Earthworks

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

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

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

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

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

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

(f) the likelihood of disturbing relics

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

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

The earthworks proposed in the application are limited to the extent of cutting and filling required for the proposed building and manoeuvring areas. 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 development is defined as Integrated Development, requiring an approval from the NSW Office of Water. The NSW Office of Water has issued the General Terms of Approval for the proposed development. These requirements have been incorporated into the attached Notice of Approval.

The applicant will be required to submit a detailed engineering plan for the proposed development. The detailed engineering plan will be required to show that the proposed earthworks will be appropriately supported onsite. The attached Notice of Approval also contains a condition of consent requiring the preparation and implementation of a sediment and erosion control plan. The approved measures will be required to be implemented during construction so as to ensure that loose dirt and sediment does not escape the site boundaries.

7.3 - Stormwater Management

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

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

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

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

The proposal has been designed to include permeable surfaces and includes onsite retention of stormwater. The subject land will drain towards the creek system located to the north of Lot 87. This drainage system forms part of Council’s stormwater harvesting system.

As discussed above, the proposal is defined as Integrated Development given the proximity of the development site to a prescribed stream. The NSW Office of Water has issued the General Terms of Approval for the proposed development. The attached Notice of Approval contains the requirements from the NSW Office of Water and a condition of consent addressing matters in relation to stormwater management for the proposed development.

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 does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The development has been designed and sited to avoid impacts on groundwater and is therefore considered acceptable.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 - Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) aims to promote the remediation of contaminated land. A consent authority must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated, and if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out. If the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

The subject site is currently undeveloped but forms part of a recently completed subdivision of several allotments. The approved subdivision includes the creation of the allotment of land at 4 Hanrahan Place, which is now developed as a transport logistics facility (Ron Finemore Transport Logistics). Council in determining the development application in relation to the subdivision of the land which created the subject title was satisfied that the land was free of contamination. It is considered that the subject site is therefore suitable for use as a food and drink premises and a neighbourhood shops complex in its current condition.

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

Orange Development Control Plan 2004 provides details and criteria for assessing development to support the statutory provisions of Orange LEP 2011. The relevant chapters of the DCP are:

· Chapter 0 - Interim Provisions

· Chapter 3 - General Considerations

· Chapter 10 - Special Uses and Roads Zones

· Chapter 15 - Car Parking

Chapter 0 - Local Environmental Plan 2011

Part 0.2 of Orange DCP 2004 establishes a conversation table for old zones under OLEP 2000 to new zones under LEP 2011, and in turn provides which chapters of the DCP are applicable in instances of new zonings under LEP 2011. This is pertinent given the subject land's new zoning, being SP3 Tourist. Part 0.2 provides that there is no equivalent zoning for land zoned SP3. Notwithstanding the above, the provisions of PO 0.4-11 Interim Planning Outcomes - Transport Routes will apply to this proposal. An assessment of the relevant planning outcomes is provided below.

Part 0.4-11 Planning Outcomes - Interim Planning Outcomes - Transport Routes

· The development provides a high standard of visual appeal to motorists, cyclists and pedestrians, as well as adjoining property owners.

It is considered that the proposed development will provide a reasonable standard of visual appeal for motorists, cyclists and pedestrians, as well as adjoining property owners. The submitted plans show that the buildings will have a reasonable setback from the Northern Distributor Road, facilitated in part by the Public Reserve that extends between the Northern Distributor Road and the boundary of Lot 85. The proposed buildings are considered to be of an appropriate height and bulk. The proposed skillion roofs will assist in lessoning the visual impacts and overall appearance of the building. The proposed architectural detailing of the building will include commercial glazing, mixed wall finishes, awnings and parapet treatments. These measures will all assist in ensuring that the visual appearance of the development is acceptable for this locality.

The building designs incorporate signage panels on certain elevations. Such treatment for advertising signage will limit the proliferation of structures and signs in this locality. Separate approval will, however, be required for any signage that does not meet exempt and complying development requirements.

A reasonable level of landscaping of the development has been proposed. Having said this, the extent of landscaping is minimal in places within the development site particularly along the Northern Distributor Road frontage of the development where the landscape bed is only 2.0m wide. Council’s Manager City Presentation has indicated that landscaping of the public reserve located along the Northern Distributor Road frontage of the land should also be required to be landscaped by the applicant to further assist with integration of the development along this corridor. To this end it is recommended that a condition of consent be attached to the Notice of Approval which requires an amended landscape plan to be submitted for approval with plant species within the road reserve being selected in consultation with Council’s Manager City Presentation.

Mechanical plant and equipment is proposed to be accommodated below the roof line and behind parapets so as to not create adverse visual impacts. The design of the development is such that the development’s “back-of-house” elements are not easily viewed from the Northern Distributor Road. The building itself is proposed to be cut into the site and will sit well below the finished surface level of the Northern Distributor Road.

· The visual appearance of the development, including any signage, lighting or other ancillary element, must not generate a distraction to motorists.

· Any signage must not be animated whether by movement or flashing lights.

Signage panels are defined and incorporated in the building design. The provision of nominated signage panels at this stage of the development will limit the potential for the proliferation of structures and signs in the future. Separate approval will be required for any signage that does not meet exempt and complying development requirements. The provision of signage panels should not be taken to mean that signage will be permitted to occupy the whole of those panels as this will need to be assessed if and when an application is received. On this basis it is considered that the visual appearance of the development, including the signage, lighting and other ancillary elements, will not adversely distract motorists.

· Where land has more than one street frontage the street with the lower volume of traffic is to provide the principal access to the development, subject to safety considerations.

The subject land is located on the corner of Leeds Parade and Hanrahan Place, and also has frontage to the Northern Distributor Road. Access/egress to and from the development is proposed via Hanrahan Place, which in this case is the street with the lower volume of traffic. Council’s Technical Services Division has attached conditions of consent in relation to the standard of access/egress required for the development.

· Where access is provided onto an arterial road, distributor road or major collector road, the access point must have appropriate safe sight distances for the prevailing speed limit and clear and unimpeded entrance/exit signage must be displayed.

The proposed development does not have direct access onto an arterial road, distributor road or major collector road. Access to the proposed development will be provided via a driveway from Hanrahan Place. Hanrahan Place is a local road that intersects with the Northern Distributor Road and Leeds Parade via a large roundabout.

A detailed assessment of traffic related impacts has been provided below under the heading “Traffic Impacts”.

· Where onsite customer parking is provided that is not immediately visible from a public road, clear and unimpeded directional signage must be displayed.

The proposed onsite customer parking arrangements will be immediately visible from a public road. The provision of directional signage to the public car parking areas is not considered to be necessary in this case.

Chapter 3 - General Considerations

Part 3.1-1 Planning Outcomes - Cumulative Impact

An assessment of relevant planning outcomes is provided below:

· Applications for development demonstrate how the development relates to the character and use of land in the vicinity.

The proposed development is located on land which was the subject of a recent subdivision, and as such is surrounded by undeveloped land. The closest development to the site is the Ron Finemore Transport depot located at the end of Hanrahan Place. The development application seeks approval for the establishment of a mixed use development that includes neighbourhood shops, restaurant or cafe and take away food and drink premises which are aimed at complementing the recently approved highway service centre development to be located on the adjoining property. Council’s records also indicate that development consent has been recently granted for a Bunnings development to the west of the subject land on the opposite side of Leeds Parade which has not yet commenced construction. Undeveloped residential land is located on the southern side of the Northern Distributor Road.

The subject land is zoned SP3 Tourist under Orange LEP 2011. The subject zoning promotes a variety of tourist-oriented developments and related uses which essentially cater for the needs of the travelling public. The proposed development is considered to be consistent with the zone objectives and will generally complement the emerging character of this locality.

· The introduction of new development into a locality maintains environmental impacts within existing or community accepted levels.

A detailed assessment of the likely impacts of the proposed development has been undertaken below under the heading “The Likely impacts of the Development".

Chapter 10 - Special Uses and Roads Zones

Part 10.2-1 Planning Outcomes - Development Affecting Distributor Road Routes

An assessment of relevant planning outcomes is provided below:

· Development is located an adequate distance from distributor roads, taking into account reasonable road impacts (particularly road noise).

The subject title for Lot 85 has frontage to the Northern Distributor Road behind a 5m wide open space strip. Based on an evaluation of the submitted plans it is considered that the development will be sited an adequate distance from Leeds Parade and Hanrahan Place. The adjacent distributor road will not be adversely impacted upon by unreasonable road impacts. The subject development is not considered to be a sensitive land use in terms of road noise

· New access to distributor roads comprise a small number of collector roads only, located so as to optimise the function of the distributor road.

Access to the development is proposed via Hanrahan Place. Hanrahan Place represents the fifth arm of this roundabout and currently services a small number of lots zoned for industrial and tourist related land uses. The intersection of Hanrahan Place, Leeds Parade and the NDR is controlled via a large roundabout. A detailed assessment of traffic impacts has been undertaken below under the heading “Traffic Impacts”.

Part 10.3-1 Planning Outcomes - Development Near Major Roads

An assessment of relevant planning outcomes is provided below:

· Development on land fronting and visible from a major road or distributor road provides for quality design on the highway and/or distributor road through landscaping, building setbacks façade design, external colours and materials and siting.

Due to its proximity to the City’s distributor road network and relative elevation, the site occupies what could be argued to be a prominent position. It is considered important in this regard that the development makes a positive contribution to the visual amenity of this area. Whilst there are no objections to the overall building design the setback of the smaller of the two buildings within Lot 85 from the Northern Distributor Road is of some concern, The submitted plans show that this building will have a setback of between 7-9m which is facilitated in part by the 5m Public Reserve that extends between the Northern Distributor Road and the boundary of Lot 85. The Development Control Plan (DCP) requires a minimum setback of 10m. A detailed assessment of setbacks is provided below in the consideration of the DCP planning outcomes.

The proposed architectural detailing of the building will include commercial glazing, mixed wall finishes, awnings and parapet treatments. These measures will all assist in ensuring that the visual appearance of the development is acceptable for this locality. Attached is a condition of consent requiring the applicant to submit details of all proposed finished materials and colours for the buildings prior to the issue of a Construction Certificate.

The applicant has submitted a landscape plan in support of the proposed development. As discussed above the extent of landscaping is minimal in places within the development site particularly along the Northern Distributor Road frontage of the development where the landscape bed is only 2.0m wide. Council’s Manager City Presentation has indicated that landscaping of the public reserve located along the Northern Distributor Road frontage of the land should also be required to be landscaped by the applicant to further assist with integration of the development along this corridor. To this end it is recommended that a condition of consent be attached to the Notice of Approval which addresses this issue.

· Direct access to major roads is limited and is constructed to the requirements of the relevant roads authority.

As discussed above, access to the development is proposed via Hanrahan Place. Hanrahan Place represents the fifth arm of the major roundabout at this intersection. Egress from the development is proposed onto Hanrahan Place. A detailed assessment in relation to access has been addressed below under the heading “Traffic Impacts”. Attached is a condition of consent which requires all work to be carried out in accordance with Council’s Development and Subdivision Code.

· Commercial buildings adjoining a distributor road are set back from the property boundary by at least 10m.

The applicant has requested that Council consider a departure to the setback requirements for this development based on the following:

- The subject land (Lot 85) does not immediately adjoin the Northern Distributor Road. Instead, a 5 metre wide Public Reserve separates Lot 85 from the road reserve for the Northern Distributor Road.

- It is understood that the Public Reserve was created to prevent direct access from lots onto the Northern Distributor Road. As such it is our submission that the Public Reserve does not form part of the distributor road network because it is a distinct and separate parcel of land to the road reserve.

- There are lengthy sections along the Northern Distributor Road where the road reserve immediately adjoins property boundaries. It is our submission that the 10 metre setback should only apply to those properties because of the direct interface. To apply the 10 metre setback in this case would result in the buildings having a 15 metre setback from the distributor road.

The submitted plans show that the stand-alone take away food and drink premises building will achieve a 10m setback from the Northern Distributor Road due to the 5m wide Public Reserve and the 5.923m setback from the actual boundary of the subject land. This setback is considered to be acceptable in this case given the 5m wide public reserve that exists along this section of the Northern Distributor Road. A similar approach was taken by Council in the consideration of the Ron Finemore transport depot that exists on the site to the immediate east of the subject land.

With regards to the smaller complex within Lot 85, the submitted plans show that the building will have a varied setback from the distributor road boundary of 7.5m to 9m. The applicant submits that the elevations facing the Northern Distributor Road are of a relatively modest profile and are well separated by generous open areas. The applicant further submits that relocating the building to achieve strict compliance with the 10m setback would be indiscernible in terms of the visual impact. The justification provided by the applicant with regards to the proposed setback is not supported by staff. The setback proposed already heavily relies upon the 5m wide public reserve that exists along the frontage of the Northern Distributor Road. It is considered that there is sufficient opportunity in this case to suitably design a building that is compliant with the setback requirements. Attached is a condition of consent that requires the subject building to be redesigned to achieve compliance with the 10m setback requirement.

· Lighting and signage visible from a distributor road is not animated and is designed so as not to distract motorists beyond glance recognition.

Lighting of the premises will be required to be carried out in accordance with AS 4282‑1997 - Control of Obtrusive Effects of Outdoor Lighting. Attached is a draft condition of consent addressing this issue.

Chapter 15 - Car Parking

Part 15.6-1 Planning Outcomes - Off-Street Car Parking

An assessment of relevant planning outcomes is provided below:

· Adequate off-street car parking is provided in accordance with the Table or, alternatively, according to an assessment that demonstrates peak-parking demand based on recognised research.

The proposed development is subject to the provisions of Orange DCP 2004 – 15 ‑ Car Parking. The following tables are an extract from the applicant’s Statement of Environmental Effects which provides a summary of the proposed parking requirements for the development:

Lot 85 Parking Assessment
Proposed Use	DCP requirement	Calculation Unit	Spaces Required
Fast food (onsite seating and drive-through facilities)	1 space per 2 seats (internal seating) or 1 space per 3 seats (internal and external seating)	Allow 75 seats internal and external	25
Neighbourhood shops	6.1 spaces/100m² GFA	1 tenancy GFA 100m²	6.1
Restaurant or Cafe	Greater of 1 space per 10m² of GFA or 1 space per 3 seats	1 tenancy GFA of 100m²	10
Fast food (no seating, no drive through)	12 spaces/100m² GFA	2 tenancies GFA of 200m²	24
TOTAL PARKING REQUIREMENT FOR PROPOSED DEVELOPMENT LOT 85			65
TOTAL PARKING PROVIDED LOT 85			64
SHORTFALL			1 SPACE

Lot 87 Parking Assessment
Proposed Use	DCP requirement	Calculation Unit	Spaces Required
Retail premises (liquor outlet subject to rezoning)	6.1 spaces/100m² GFA	Allow GFA 572m²	35
Neighbourhood shops	6.1 spaces/100m² GFA	Allow 1 tenancy GFA 100m²	6
Restaurant or Café	Greater of 1 space per 10m² of GFA or 1 space per 3 seats	Allow 1 tenancy GFA of 100m²	10
Fast food (no seating, no drive through)	12 spaces/100m² GFA	Allow 1 tenancy GFA of 100m²	12
TOTAL PARKING REQUIREMENT FOR PROPOSED DEVELOPMENT LOT 87			63
TOTAL PARKING PROVIDED LOT 87			47
SHORTFALL			16 SPACES

The above parking calculations are considered to be an accurate representation of the car parking requirements that will be generated by the proposed development within both Lot 85 and Lot 87 with the exception of the calculations relating to the fast food development within lot 85 that comprises onsite seating and the drive-through facilities. The submitted plans do not show provision for external seating for the take away food and drink premises and therefore parking for this aspect of the development should be calculated on the basis of 1 space per 2 seats as opposed to the calculations shown in the table that have been based on 1 space per 3 seats.

Based on an assessment of the number of seats anticipated car parking demand for this aspect of the development is calculated to be 37.5 spaces and not 25 spaces as shown in the above table. This effectively means that the development based on the provision of 75 seats would result in a parking shortfall of 12.5 spaces. In order to resolve this parking shortfall at this time it is recommended that a condition of consent be attached which requires the total number of seats for this aspect of the development be limited to a maximum of 50 seats.

The applicant has requested that Council accept a shortfall of one space for development within Lot 85 on the basis that the shortfall is minor and the drive-through for the take away food and drink premises would allow queuing for approximately 9 to 10 vehicles. Whilst there are no objections to a shortfall of one space the justification submitted by the applicant is considered to be irrelevant given that the car parking requirement for this style of development already anticipates the storage of vehicles within the drive through. Whilst on the issue of the drive through facility, the location of the ordering point will not provide for sufficient stacking of vehicles. It is recommended that a condition of consent be attached which requires the positioning of the ordering point be relocated to accommodate the stacking of at least 4 vehicles.

As discussed above the shortfall of one car parking space is supported. Having said this it should be noted that the submitted plans show at least three car parking spaces being located along the frontage of the development immediately adjacent to the exit driveway onto Hanrahan Place that have a limited setback from the front property boundary and would have the potential to impact upon the ability to provide reasonable landscape opportunities along the frontage of the site. Whilst the DCP does not provide for a specific landscape buffer requirement along this frontage, it is considered important that the development includes reasonable landscaping opportunities along the frontage so as to assist with integration of the development within the streetscape. As a guide it should be noted that the recently approved highway service centre was required to provide a 2m wide landscape strip along the Harahan Place frontage. A requirement for the same to be provided in this circumstance would result in at least three car parking spaces being deleted to accommodate additional landscape opportunities.

The deletion of three off-street car parking spaces is not recommended in this case, but rather a requirement for an amended landscape plan to be submitted that includes enhanced plantings along the frontage of the site to compensate for the limitations in the car park design. Attached is a condition of consent addressing this issue.

With specific reference to development within Lot 87, the submitted plans show provision for 47 off-street car parking spaces. The applicant has requested that the Council accept a shortfall of 16 spaces for this aspect of the development. A Traffic and Parking Assessment report prepared by Terraffic Pty Ltd in support of the development application has been submitted for Council’s consideration. The report included the following justification for the shortfall of parking proposed:

- The proposed drive-through facility serving the future liquor shop can accommodate 2 parked cars and a queue of up to 8 cars (a total of 10 vehicles) which will effectively reduce the parking shortfall to only 6 spaces.

- It is anticipated that customers of one component of a development will also patronise another (dual use of parking). For instance, a proportion of customers to the neighbourhood shop or restaurant can be expected to patronise the future liquor shop.

- Complementary use of parking spaces occurs when the peak parking demand of one component of a development does not coincide with the peak parking demand of another. In this case, the peak parking demand of the future liquor outlet or restaurant may be after 5pm weekdays and on weekends, whereas the peak parking demand of the neighbourhood shop is throughout the weekday (9am-5pm).

- If the amendment to the LEP is not approved and the liquor shop is not permissible, the layout of the liquor shop can be modified to comply with the parking requirements of the DCP.

As discussed above, the submitted plans include a proposed future liquor outlet and drive-through facility on Lot 87 DP 1167633. This element does not represent permissible development under the current provisions of Orange LEP 2011. Council is advised that the applicant is in the process of preparing a Planning Proposal to have the liquor outlet included as an Additional Permitted Use on the land pursuant to Schedule 1 of the LEP. As such, the proposed liquor outlet does not form part of this development application and has only been depicted on the submitted plans for the purposes of transparency and master planning. As a note it is considered desirable for the drive through for the possible liquor outlet to be 2 lanes for its entire length. A note to applicant has been included.

Based on the justification provided in the Parking and Traffic Assessment, it is considered reasonable to support the proposed development at this time. A more detailed assessment of likely floor areas and configuration of the liquor outlet can be undertaken when and if a Planning Proposal and eventual development application are submitted for Council’s consideration. It may be necessary in the assessment of those applications to consider the possibility of limiting the floor area of any future building within the undeveloped sections of this site to ensure overall compliance.

· Car parking areas are designed according to Australian Standard

The traffic and parking assessment report submitted in support of the proposed development indicates that the internal circulation and car park layout within the site will be provided in accordance with Australian Standards AS2890.1 2004 and AS2890.6 – 2009. Attached is a condition of consent which requires the car park to be constructed in accordance with these standards.

· Car park areas include adequate lighting and landscaping (preferably deciduous shade trees), which provide for the personal security of users.

Attached is a condition of consent which requires all lighting to be designed in accordance with AS 4282 1997 “Control of Intrusive Effects of Outdoor Lighting.” The lighting of the premises is unlikely to create an adverse impact for users of the Northern Distributor Road.

A landscape plan was submitted in support of the proposed development. Whilst the landscaping will be required to be enhanced, it is considered that the eventual design of the landscaping will ensure safety and minimise the potential for crime, vandalism and fear for customers. It is not envisaged that the landscaping will unreasonably disrupt view corridors across the public areas of the site, thereby providing good opportunity for natural surveillance of the premises.

· Bicycle parking facilities are provided according to the relevant Australian Standard.

The submitted plans make no provision for bicycle parking facilities. Attached is a condition of consent requiring the provision of bicycle parking facilities.

· Facilities for loading and unloading of commercial vehicles are .provided according to the relevant Australian Standard.

The small complexes proposed on Lots 85 and 87 contain communal loading areas capable of accommodating medium rigid vehicles. The loading areas are located adjacent to the bin areas and will provide convenient access to each tenancy. The applicant advises that a tenant for each of the buildings has not yet been secured. It is difficult on this basis to accurately predict the number of deliveries that would ordinarily be undertaken each day. However, for the purposes of this assessment it has been assumed that two deliveries per day would be undertaken. Based on the number of small tenancies, the development would generate a total of 14 delivery vehicles per day for this aspect of the development. Deliveries can be coordinated amongst tenancies to ensure that commercial vehicles do not queue in the car park. It is acknowledged that other deliveries by courier vans can be carried out in parking spaces adjacent to each tenancy.

The proposed stand-alone take away food and drink premises within Lot 85 contains a dedicated loading area capable of also accommodating a medium rigid vehicle. The loading area is located adjacent to the building and will provide convenient access to the premises. While there is no accurate data available to determine the number of deliveries per day for this aspect of the development, it can be assumed for the purposes of this assessment that the premises is unlikely to receive more than 4-5 deliveries per day.

The submitted plans show that a medium rigid vehicle can access each site and suitably manoeuvre to/from the loading areas. The plans also indicate that delivery vehicles can access and leave the site in a forward direction.

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

The proposed development is not inconsistent with any provisions prescribed by Regulations.

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

Context and Setting

The design of the proposed development is consistent with the desired future character of the site and locality in the SP3 Tourist zone. The proposed development has been designed having regard to the characteristics, topography and orientation of the site and its relationship to neighbouring land and the Northern Distributor Road. The design seeks to create attractive streetscapes that add visual interest and amenity to pedestrian areas and establishes high quality urban form. To preserve the setting of the precinct and the NDR it is recommended that the small complex building on lot 85 be required to be setback 10m from the NDR boundary.

Visual Impact

The subject site can be viewed from Northern Distributor Road and the intersection with Leeds Parade. The building facade has been designed to present a modern commercial building of reasonable architectural standard and is in keeping with the existing and future “desired character” of the surrounding area. The bulk and height of the proposed development is compatible with the building heights of other buildings in close proximity and is consistent with the expectations of the DCP for development on the site in the SP3 Tourist zone.

It is considered that the proposed development provides an appropriate streetscape along Hanrahan Place with clear, legible pedestrian and vehicle access points in accordance with the DCP.

Traffic Impacts

A traffic assessment prepared by Terraffic Pty Ltd has been submitted in support of the development application. The traffic assessment indicates that the internal circulation and car park layout within the site will be designed in accordance with Australian Standards AS2890.1-2004 and AS2890.6-2009. Council is advised that the design incorporates accessibility provisions in accordance with AS 1428.1 and AS 1428.2 Dedicated accessible car parking spaces will need to be positioned so that a driver or passenger do not need to cross or mix with traffic manoeuvring within the site.

The capacity of the local road network is considered to be sufficient to accommodate traffic to be generated by this development. Council has recently constructed the fifth access arm off the Leeds Parade roundabout to serve the subject land. Hanrahan Place currently accommodates traffic associated with the Ron Finemore transport depot. Whilst the development site is essentially split by Hanrahan Place and traffic associated with Ron Finemore transport will traverse through this area, the development is unlikely to result in an adverse traffic impact.

The types of vehicles anticipated to access and manoeuvre within the site include passenger cars or light commercial vehicles, small rigid service vehicles, medium rigid service vehicles and garbage trucks. The applicant has submitted a turn path analysis in support of the development which demonstrates that the site would accommodate a medium rigid vehicle and a large garbage truck. Traffic impacts are considered to be acceptable.

Noise Impacts

An Acoustic Assessment prepared by Wilkinson Murray has been submitted in support of the proposed development. Council’s Manager Building and Environment has reviewed the acoustic report and has indicated that based on the findings of the report the development should be limited to the hours of 7am to 10pm daily. The report assumes that there will be a 2.1m high sound wall installed on the southern side of the NDR to protect residential land to the south from traffic noise. A recent GHD report dated June 2015 which was commissioned by Council to assess future noise impacts from the Northern Distributor Road identifies that the wall required would need to be 3m high if constructed; or alternatively, houses restricted in architectural features to reduce noise from the road. Whilst a decision on what measures would be implemented to address the long term noise issues as residential development encroaches, it can be concluded from considering the Wilkinson Murray Report dated May 2015 and the June 2015 GHD study that noise mitigation levels associated with the Northern Distributor Road would adequately attenuate noise from the proposed development.

The attached Notice of Determination contains recommended conditions of consent that require any noise generation from the site to be no greater than 5dB(A) above background noise levels and that the hours of operation be limited to 7am to 10pm daily.

Environmental Impacts

In accordance with the provisions of the Environmental Planning and Assessment Act 1979, the proposed development was classified as “Nominated Integrated” development, and as such required referral to the NSW Office of Water. The Department’s General Terms of Approval have been received and have been incorporated into the attached Notice of Approval as required by legislation.

The draft conditions of consent, together with the General Terms of Approval issued by the NSW Office of Water, will adequately address issues in relation to soil and erosion control and water quality.

Neighbourhood Amenity

The proposed development will complement the recent approval of a highway service centre on the property at 1 Hanrahan Place and will be an appropriate component of the local land use pattern. The operation of the site as proposed is unlikely to have an adverse impact upon the locality. Issues in relation to noise impacts have been addressed above under the heading “Noise Impacts”.

Social and Economic Impacts

The proposed development is likely to have a positive economic impact through the generation of employment during construction and operation. The construction of neighbourhood shops and food and drink premises will broaden the range of services offered in the local area and provide a convenient and efficient service for the travelling public.

Crime Prevention Through Environmental Design

Council under Section 79C of the Environmental Planning and Assessment Act 1979 is required to consider Crime Prevention Through Environmental Design.

The applicant submits that the development will achieve appropriate levels of natural surveillance to and from the development through the design and orientation of the buildings. The external areas and the extensive glazing along the building facades provide clear sightlines across each site. The sites are reasonably visible from the Northern Distributor Road and Hanrahan Place. The external areas of the sites will be illuminated and the applicant advises that CCTV will be installed around the sites.

The principles of access control can be communicated by both symbolic and physical design elements such as paths, entrances and directional signage. The applicant advises that the key public entrances to the buildings are clear and paving and markings will be provided to encourage/channel people to the frontages. The back-of-house and non-public areas will be well defined, and most sections of each site will be relatively active, particularly due to the car parks and drive-through arrangements.

It is considered that the design of the building and site layout will provide for the effective personal safety of patrons and will minimise the potential for crime, vandalism and fear through appropriate design and siting.

Naturally Occurring Asbestos

Council is aware that the site is located within an area identified as containing serpentinite rock formations, which can contain chrysotile, a naturally occurring asbestos. Therefore the applicant or person with management or control of the site will be required to ensure that a written plan (an Asbestos Management Plan) for the site is prepared in accordance with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011. Attached is a condition of consent addressing this issue.

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

The site is considered to be suitable for the proposed development given its SP3 Tourist zoning, and is generally compatible with potential future surrounding land uses. In addition, there are no significant physical, ecological, technological or social constraints on the proposed development.

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 integrated development provisions contained within the Environmental Planning and Assessment Act 1979 required a 30 day public exhibition period. Following the completion of the exhibition period, Council records indicate that no formal submissions were made with respect to the development application.

PUBLIC INTEREST s79C(1)(e)

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

SUMMARY

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

COMMENTS

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

Attachments

1 Notice of Approval, D15/31141 ⇩

2 Plans, D15/31150 ⇩

Sustainable Development Committee 1 September 2015

2.2 Development Application DA 278/2014(1) - 2 and 5 Hanrahan Place

Attachment 1 Notice of Approval

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ORANGE CITY COUNCIL

Development Application No DA 278/2014(1)

NA15/ Container PR25414

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	Orange Service Centre Pty Ltd
Applicant Address:	C/- Peter Basha Planning & Development P O BOX 1827 ORANGE NSW 2800
Owner’s Name:	Orange City Council
Land to Be Developed:	Lots 85 and 87 DP 1167633 - 2 and 5 Hanrahan Place, Orange
Proposed Development:	Neighbourhood Shops, Take Away Food and Drink Premises, Restaurant or Café

Building Code of Australia building classification:	As determined by certifier

Determination
Made On:	1 September 2015
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	2 September 2015
Consent to Lapse On:	2 September 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 minimise the impact of development on the environment.

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

Conditions

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

(a) Plan/s numbered 13013D2 dated 22/7/2015 (sheets 1-4); 5399.3S.01.001 Revision 4; 5399.3S.01.002 Revision 6; 5399.3S.01.003 Revision 5; 5399.3S.01.004 Revision 6; 5399.3S.02.001 Revision 4; 5399.3S.02.002 Revision 4; 5399.3S.02.003 Revision 4; 5399.3S.02.004 Revision 3; 5399.3S.02.101 Revision 4; 5399.3S.02.102 Revision 4; 5399.3S.02.103 Revision 4; 5399.3S.02.104 Revision 3; 5399.3S.02.201 Revision 5; 5399.3S.02.202 Revision 4; 5399.3S.02.203 Revision 3; 5399.3S.02.204 Revision 3; 5399.3S.02.301 Revision 4; 5399.3S.02.302 Revision 4; 5399.3S.02.303 Revision 4; 5399.3S.02.304 Revision 3

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

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

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

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

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

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

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

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) Full details of external colours and finishes of external materials are to be submitted and approved by Councils Manager Development Assessments prior to the issue of a Construction Certificate.

(6) An amended detailed landscape plan shall be submitted to and approved by Councils Manager Development Assessments prior to the issue of a Construction Certificate. The amended landscape plan shall:

· provide for additional plantings within the NDR road reserve immediately in front of Lot 85 with shrub/groundcover/tree plantings that suitably integrate with other plantings along the NDR.

· enhanced landscaping being provided along the Hanrahan Place frontages.

· enhanced landscaping along the eastern boundary of Lot 87.

The final selection of species and design of landscaping both within Council owned land and within the subject land shall be carried out in consultation with the Council’s Manager of City Presentations.

(7) The proponent shall submit a Loading Dock Operational Management Plan for the approval of the Manger of Development Assessments. The Loading Dock Operational Management Plan shall detail the safety procedures and protocols to be implemented on site by staff when deliveries are being carried out to the property so as to provide pedestrian safety for customers. The management plan shall specify that deliveries to the site shall not be carried out during peak operating periods.

(8) The smaller of the two buildings within Lot 85 shall be redesigned to accommodate a minimum setback of 10 from the NDR property boundary. The applicant shall submit amended drawings for indicating such with an application for a construction Certificate.

(9) All external lighting associated with the proposed development shall be designed to ensure compliance with AS4282 1997 “Control of Intrusive Effects of Lighting

(10) 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.

(11) 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.

(12) 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.

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

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

(15) 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:

· 5.25 ETs for water supply headworks and 5.25 ETs for sewerage headworks on Lot 85; and

· 1.0 ET for water supply headworks and 1.0 ETs for sewerage headworks on Lot 87.

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 for any buildings on Lot 85 and/or Lot 87.

(16) 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.

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

(18) All stormwater from the site is to be collected and piped to a stormwater treatment system. The design and construction of the stormwater treatment system for the subject land shall ensure that the quality of stormwater leaving the developed site shall achieve the following stormwater quality targets:

· 85% reduction in the post development mean annual load of Total Suspended Solids (TSS);

· 65% reduction in the post development mean annual load of Total Phosphorus (TP);

· 45% reduction in the post development mean annual load of Total Nitrogen loads (TN);

· 90% reduction in the post development average annual gross pollutant (>5 millimetres) load.

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

PRIOR TO WORKS COMMENCING

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

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

(23) 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.

(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) The fitout of the food preparation and storage areas are to be installed in accordance with the requirements of Food Safety Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code and Australian Standard 4674-2004 "Design and construction and fit-out of food premises".

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

(27) 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.

(28) 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.

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

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(30) In the event that the development is constructed in stages, off-street car parking spaces shall be provided upon the site commensurate with the number of spaces required for each stage of development. The car parking spaces shall be designed 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 for each stage.

Provision shall also be made for onsite bicycle parking in accordance with Australian Standard 2890.3-1993 “Bicycle Parking Facilities”.

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

(32) 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.

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

(34) 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.

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

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

(37) 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.

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

(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 Certificate, unless stated otherwise.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(40) The hours of operation of the premises shall not exceed 7am to 10pm without the prior approval of Council.

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

(42) A separate development application shall be lodged with Orange City Council for the fit out and use of each premises.

(43) Glare from internal lighting is not permitted to extend beyond the limits of the building authorised by this approval.

(44) Delivery vehicles accessing the subject land shall be no greater than Medium Rigid Vehicle. All delivery vehicles shall enter and leave the service delivery areas of both lots in a forward direction.

(45) Outdoor storage of materials including garbage bins, stock, plant or equipment must not occur within the service delivery areas. The service delivery areas shall be maintained in a clean and tidy manner at all times.

(46) The development shall be consistent with “AS4282-1997 Control of the obtrusive effects of outdoor lighting” at all times. Any ancillary light fittings fitted to the exterior of the building shall be shielded or mounted in a position to minimise glare to adjoining properties.

(47) A separate development application shall be submitted to and approved by Council prior to the erection of any advertising structures or signs of a type that do not meet the exempt development provisions of Orange Local Environmental Plan 2000 (amended) and Development Control Plan 2004.

(48) The operational controls contained within the approved Loading Dock Management Plan must be

(49) The proposed takeaway food and drink premises within Lot 85 shall be limited to a maximum of 50 seats unless otherwise altered by receiving separate development consent.

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

ADVISORY NOTE TO APPLICANT

The Master Plan incorporating the proposed liquor outlet within Lot 87 does not form part of this approval. The future design of a building to accommodate a development of the type envisaged should accommodate at least a two lane drive-through design.

GENERAL TERMS OF APPROVAL FROM THE DEPARTMENT OF PRIMARY INDUSTRIES - WATER

Plans, standards and guidelines
1	These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to DA 2014/278 and provided by Council: i Site plan, map and/or surveys Any amendments or modifications to the proposed controlled activities may render these GTA invalid. If the proposed controlled activities are amended or modified DPI Water (formerly the NSW Office of Water) must be notified to determine if any variations to these GTA will be required.
2	Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from DPI Water. Waterfront land for the purposes of this DA is land and material in or within 40 metres of the top of the bank or shore of the river identified.
3	The consent holder must prepare or commission the preparation of: i Plan clearly identifying the highbank or the river in relation to all works within 40m of the high bank of the river (high bank of the dam located on the creek on Lot 20 DP 1117081) ii Site cross sections – pre and post development iii Erosion and Sediment Control Plan iv Soil and Water Management Plan v Vegetation Management Plan vi Works Schedule vii Monitoring Plan
4	All plans must be prepared by a suitably qualified person and submitted to the NSW Office of Water for approval prior to any controlled activity commencing. The following plans must be prepared in accordance with DPI Water's guidelines located at www.water.nsw.gov.au/ Water-Licensing/Approvals. i Vegetation Management Plan ii Laying pipes and cables in watercourses iii Riparian Corridors iv Outlet Structures
5	The consent holder must (i) carry out any controlled activity in accordance with approved plans and (ii) construct and/or implement any controlled activity by or under the direct supervision of a suitably qualified professional and (iii) when required, provide a certificate of completion to DPI Water.
Rehabilitation and maintenance
6	The consent holder must carry out a maintenance period of two (2) years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the DPI Water.
7	The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the DPI Water.
Reporting requirements
8	The consent holder must use a suitably qualified person to monitor the progress, completion, performance of works, rehabilitation and maintenance and report to DPI Water as required.
9-14	N/A

Drainage and Stormwater
15	The consent holder is to ensure that all drainage works (i) capture and convey runoffs, discharges and flood flows to low flow water level in accordance with a plan approved by DPI Water; and (ii) do not obstruct the flow of water other than in accordance with a plan approved by DPI Water.
16	The consent holder must stabilise drain discharge points to prevent erosion in accordance with a plan approved by DPI Water.
Erosion control
17	The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by DPI Water. These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been fully stabilised.
Excavation
18	The consent holder must ensure that no excavation is undertaken on waterfront land other than in accordance with a plan approved by DPI Water.
19-20	N/A
21	The consent holder must ensure that the surfaces of river banks are graded to enable the unobstructed flow of water and bank retaining structures result in a stable river bank in accordance with a plan approved by DPI Water.
22	N/A
River bed and bank protection
23	The consent holder must establish a riparian corridor along the unnamed river in accordance with a plan approved by DPI Water.
24-28	N/A
END OF CONDITIONS

Other Approvals

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

Nil

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

Nil

Right of Appeal

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

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

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

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

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	ALLAN RENIKE - MANAGER DEVELOPMENT ASSESSMENTS
Date:	2 September 2015

Sustainable Development Committee 1 September 2015

2.3 Development Application DA 132/2015(1) - Harris Farm Markets - Sale and Summer Streets

TRIM REFERENCE: 2015/2142

AUTHOR: Michael Glenn, Senior Planner

EXECUTIVE Summary

Application lodged	27 April 2015
Applicant/s	Harris Farm Markets
Owner/s	Orange Arcade Pty Ltd and Merchandising Develop Pty Ltd
Land description	Lots 1 and 2 DP 572210 – Harris Farm Markets, Sale and Summer Streets, Orange
Proposed land use	Shop (alterations and additions)
Value of proposed development	$650,000

Council's consent is sought for alterations and additions to the existing "Harris Farm Markets" supermarket and fresh food produce store, involving a further expansion into the adjoining Orange Arcade building, conversion of an outdoor walkway to an active display area, and refurbishment of the existing internal layout of the store. The changes also necessitate changes to the car park layout and loading arrangements for the site, which are undertaken from the adjoining Council owned Anson/Sale Streets car park. This has in turn required a referral to Council’s City of Orange Traffic Committee, which has made recommendations regarding layout arrangements for the loading area and pedestrian crossing. Use of the car park for loading will require a license and public liability cover to protect Council.

Contributions for deficient car parking are applicable because the proposed development increases the gross leasable floor area (GLFA) of the site, and GLFA is used to calculate parking demand for this type of use.

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 132/2015(1) for Shop (alterations and additions) at Lots 1 and 2 DP 572210 - Sale and Summer Streets, 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 Shop (alterations and additions) at Lot 1 DP 572210 and Lot 2 DP 572210 - Sale and Summer Streets, Orange

THE PROPOSAL

The proposal involves internal alterations and additions to improve internal circulation paths and retail opportunities within the existing tenancy. It is further proposed to expand the market into the adjoining arcade areas, both by occupying existing shop areas, and also converting what is currently corridor space. Finally, consent is sought to utilise the front external undercover area of the site for product display and sales.

MATTERS FOR CONSIDERATION

Section 5A 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 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,

The expansion of Harris Farm as a major retail outlet in the central business district (CBD) is considered consistent with this objective.

Clause 1.6 - Consent Authority

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

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.

There are a number of covenants affecting the car park, Harris Farm Markets premises and also the Orange Arcade into which the extensions are proposed. The proposed development does not have impact on any of these property restrictions.

Mapping

Figure 1 - locality map showing B3 zone and the subject properties

(it is part of the Orange Arcade)

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

Land Zoning Map:	Land zoned B3 Commercial Core
Lot Size Map:	No Minimum Lot Size
Heritage Map:	Located within a conservation area
Height of Buildings Map:	Building height limit 9m
Floor Space Ratio Map:	Floor space limit 2.25:1
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Ground water vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies

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

Part 2 - Permitted or Prohibited Development

Land Use Zones

The subject site is located within the B3 Commercial Core zone. The proposed development is defined as a shop under OLEP 2011 and is permitted with consent for this zone. This application is seeking consent.

"Shop" is a more specialised form of retail premises and is defined under the LEP as:

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

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

1 - Objectives of the B3 Commercial Core Zone

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

· To encourage appropriate employment opportunities in accessible locations.

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

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

In relation to the first dot point, the proposed development seeks approval for a small expansion to the existing store that make it possible for the shop to offer a wider range of products for sale and display.

In relation to the second dot point, the proposed development will increase the size of the retail outlet however there are no indications in the application that this would lead directly to an increase in staff numbers.

In relation to the third dot point, the proposed development is located within an area that is already a focal point of the City public transport network.

In relation to the fourth dot point, the proposed development will lead to the expansion of an existing significant retail outlet in the CBD. Such expansion should be considered consistent with this zone objective

Part 4 - Principal Development Standards

Clause 4.3 - Height of Buildings

This clause limits the height of buildings (HoB) on land identified on the Height of Buildings Map. The subject land is identified on the Map as having a HoB limit of 9m. The maximum height of the proposed development is unchanged by the proposed development.

Clause 4.4 - Floor Space Ratio

This clause limits the floor space ratio (FSR) permitted on land identified on the Floor Space Ratio Map. Clause 4.5 is associated with this clause and establishes the rules for calculating the site area and FSR of any proposal.

These rules exclude certain parts of a site and development such as:

· excluding any part of the site upon which the development is prohibited (ie if the site is split zoned only the zone in which the development is permissible may be considered)

· excluding community land and most public places

· lots in a strata scheme wholly or partly above other lots in the scheme do not increase the site area (ie the site area is the ground level of the scheme only)

· adjoining lots in the same ownership do not form part of the site area unless significant parts of the development are proposed on that land

· the floor area of existing buildings is to be included in the FSR calculation

· any covenant restricting floor space on the lot, due to floor space having been considered as part of the development of another lot, is to be taken into account.

Note the definition of gross floor area (GFA) in the dictionary also has inclusions/exclusions that affect the FSR calculation

GFA means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4m above the floor, and includes:

(a) the area of a mezzanine, and

(b) habitable rooms in a basement or an attic, and

but excludes:

(d) any area for common vertical circulation, such as lifts and stairs, and

(e) any basement:

(i) storage, and

(ii) vehicular access, loading areas, garbage and services, and

(f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and

(g) car parking to meet any requirements of the consent authority (including access to that car parking), and

(h) any space used for the loading or unloading of goods (including access to it), and

(i) terraces and balconies with outer walls less than 1.4 metres high, and

(j) voids above a floor at the level of a storey or storey above.

The subject land is identified on the map as having an FSR of 2.25:1. This application proposes development that affects two separate sites, requiring that the floor areas of the two sites be considered as a whole for the purposes of calculating floor space ratios.

The floor areas of the buildings are not provided in the submission to Council, however it is clear that the buildings remain well within the upper limits of floor area applicable to these properties, even with the extensions that are proposed being taken into consideration. For both properties affected, two storey buildings have been constructed, indicating a maximum floor space ratio of 2:1. However 142m² of the Harris Farm site and an unknown amount of the Orange Arcade site provide non-inclusive areas such as fire passageways, loading areas, ancillary storage area and the like. It is clear from these observations that the overall floor area of the two buildings, viewed either separately or as a single whole, is significantly less than the maximum permitted FSR of 2.25:1.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

The subject site is located within the Central Orange Heritage Conservation Area. The subject retail premises are orientated towards the Council car park. The proposed alterations to the building are primarily internal and will not have an adverse impact upon the Heritage Conservation Area.

STATE ENVIRONMENTAL PLANNING POLICIES

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

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

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

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

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

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land (Part 8 - Development in Business Zones). 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 3(a) (Regional Centre) (Orange LEP 2000) is zone B3 (Commercial Core) (Orange LEP 2011). As such, Orange DCP 2004 - Chapter 8 is relevant to this proposal. The provisions of Chapter 8 are considered below.

· Buildings have a high level of urban design to contribute to the regional status of the City's Central Business District, with attention given to façade features, external materials, colour and advertising.

The proposal alterations to the building to increase the size of the Harris Farm Markets shop will not substantially alter the external appearance of the building. The external alterations will relate only to the provision of new entrance doors to the shop. These elements will not affect the integrity of the existing building.

· Provision of adequate fire safety measures and facilities for disabled persons.

A condition is attached requiring the submission of a fire safety certificate in respect of all fire services within the tenancy. A further condition is attached requiring the development to be provided with access and facilities for people with disabilities.

· Land use complements the role of the CBD as a regional centre for commerce and services.

The subject premises are currently used as retail shops. The proposal involves alterations to the premises so as to facilitate the extension of the existing fruit and vegetable shop (Harris Farm Markets) into the adjoining Orange Arcade. It is considered that the proposed alterations to the retail premises will continue to complement the role of the CBD as a regional centre for commerce and services.

· Loading

City of Orange Traffic Development Committee (COTDC)

IMAG0322

Figure 2 - the subject property from the Anson/Sale Streets car park

The application seeks approval for alterations and additions to the existing Harris Farm Markets, which faces onto the Council owned Anson/Sale Streets car park. There would be some extension and expansion of Harris Farm into the adjoining Orange Arcade, adding approximately 150m² of retail space to the premises. Some of this expansion is additional floor area as the expansion will extend into access corridors and the like. It is proposed that the existing easternmost ingress point to the market would be closed off. A new entry is to be provided at the western extremity of the shop front adjacent to the main Arcade walk way and egress onto the carpark. A new egress point would be provided via an internal doorway through the Arcade, with pedestrians exiting the premises via the main Orange Arcade rear entrance.

The applicant has also provided some details regarding a proposed addition of a further pedestrian crossing and some details on loading arrangements. The development proposal states that existing arrangements would be continued. These are ten deliveries per week using five Heavy Rigid Vehicles (HRVs 10m in length), three articulated vehicles (AVs 18m in length) and two vans (5-8m in length). Deliveries are made during the daytime only, but at varied times.

Loading arrangements on the Council car park were previously understood by Council to be one delivery per day by a large rigid truck (up to 12m in length) with the deliveries undertaken at times considered to be less congested in the car park. As indicated in the applicant's submissions, there has been some alteration to these limitations over time. It is currently the case that there are five deliveries per week by large rigid vehicles (which the applicant advises are 10m in length, described as HRVs in the submission to Council), three articulated vehicles (which the applicant advises are 18m in length) and two van deliveries (which the applicant advises vary between 5-8m in length). The existing arrangements for loading would not intensify or change as a result of the proposed amendments; however the currently existing loading activities are already in excess of the arrangements last reported to the Traffic Committee in September 2006.

There are no loading facilities that have been provided in the Orange Arcade Development.

The loading arrangements that occur for the subject development are far from satisfactory as they take place on the main entrance to the Council owned Anson/Sale Street car park. Due predominantly to the popularity of the Harris Farm Market enterprise, there is a high degree of pedestrian and vehicular conflict at this location. This is exacerbated by the loading and unloading activities of Harris Farm Markets.

Council continues to receive complaints from users of the car park regarding pedestrian safety in this area.

In an effort to reduce this problem Council in 2012 relocated the parking spaces in the bays near to this area of the car park, further south so as to widen the vehicle aisle. Incidentally the owners of Harris Farm Markets gave a written undertaking to pay for the cost of the car park relocation but have not responded to a written request from Council to contribute the amount of $1,020.

To maintain functionality of the driveway as a driveway, it will be necessary for delivery vehicles to be of a side loading type, so that unloading can be undertaken from the site unloading alcove. This stipulation relates to safety in the main. It is considered an excessive risk for fork lifts to operate outside the building confines. It is considered the Delivery Management Plan will need to specify the types of vehicles, the mechanisms for organising loading and unloading including the placement of any barriers. The conditions of consent require fairly tight control of the types of vehicles, in particular must specify that side loaders are to be used. The City of Orange Traffic Development Committee have indicated that substantive barriers will be needed and that witches hat barriers are not considered adequate.

The use of the car park for loading should not be taken as the granting of a legal access or the like and is a solution agreed to by Council on a strictly limited basis. Should the car park be developed or sold, this arrangement will cease to have any effect.

As indicated above, it will be necessary to relocate the existing pedestrian crossing. The proposed pedestrian crossing is shown on the attached plans, and is acknowledged as well placed to catch pedestrian traffic from the Arcade including the subject premises. The crossing as shown on the applicant’s plans would conflict with the north-south car park drive immediately behind the Cultural Centre. This is not thought to be a satisfactory solution, although some relocation of the pedestrian crossing is needed given the changes to the access and egress points to the market proposed under this application. This was addressed in the plan prepared by Orange City Council and accepted by the applicant.

These elements were referred to the City of Orange Traffic Development Committee. The Committee has made the following recommendations:

Regarding DA 132/2015(1) - Harris Farm Markets, Orange Arcade - Lots 1 and 2 Summer/Sale Streets Orange - being alterations and additions to Harris Farm Markets:

1 The existing pedestrian delineation be removed.

2 That new pedestrian delineation markings be installed covering the entrance to Harris Farm Market and the Arcade with a design to be approved by Council.

3 That a traffic and pedestrian management plan be developed for unloading vehicles with this to be approved by Council.

4 That a speed hump be installed prior to the pedestrian delineation markings.

These requirements can be addressed as conditions of consent. In regard to items 1, 2 and 4, a design has been prepared by Council and passed to the applicant for their appraisal. The plan indicates the specific works that will be required to be carried out. The cost of the required works will need to be borne by the applicant. A condition is included in the notice of determination to this effect.

Figure 3 - revised car park and loading arrangements required by Council

In relation to item (3), a condition is included in the attached notice.

The proposed development envisages changes to include a butchery serving meat cut off the bone, which is somewhat different to the current pre-packed cryogenic meats currently on offer. The applicant was requested to provide some details on the loading arrangements for fresh meat deliveries. These details were outlined in an email, and also by an amended sketch plan (shown below). Deliveries will be made twice weekly by a rear door semitrailer some 16m in length. The distance from the eastern corner (vertex) of the building to the western extremity of Harris Farm's Loading alcove is 18.5m. The drawings submitted by the applicant indicate that it is possible to unload carcasses for the butchery and deliver them via the service entry without the vehicle extending past the eastern vertex of the building. Carcasses are delivered from a refrigerated semi-articulated vehicle with carcasses of up to 70kg delivered via the service entrance or the main entry. Deliveries are made at around 5am.

Fig 4 - carcass deliveries to the butchery

It is considered that the delivery of fresh meat in this way is acceptable provided such deliveries are limited to twice weekly and at times prior to 7am to avoid peak traffic and parking demand for the site.

Changes have occurred since the last approval granted in 2009 that in turn require a revision of the loading arrangements for the site. These arrangements affect the Council car park adjacent to the premises from which deliveries to the market are made. This is not an ideal situation as loading operations can interfere somewhat with the operation of the car park as the loading occurs on the entrance to the car park from Sale Street and there is a high pedestrian activity at this point due mainly to the popularity of the subject shop.

As discussed in this report, the City of Orange Traffic Development Committee have several recommendations with regard to the operation at the loading dock including a requirement for a Management Plan for the development and of the loading area and associated re-marking of pedestrian linkages in and around the site.

The loading arrangements for this site cannot be considered or described as ideal, however they are considered to be adequate; and provided good management practices are observed, are of sufficient safety and unlikely to clash too greatly with car park operations. Attached are relevant conditions addressing issues in relation to loading and unloading arrangements.

· Parking

The applicable parking rate for the proposed use is 4.1 spaces per 100m²of GLFA. GLFA is used to determine parking demands for shops and shopping centres, and is defined under the RTA Guide to Traffic Generating Developments as the overall area of a building excluding stairs and other public amenities and access corridors. The definition specifically includes storage areas and also includes internal accessways within the shop itself. The proposed additions would increase the GLFA of the development by 142.2m², of which 91.8m² has not previously been used or lawfully constructed as GLFA. This 91.8 m²includes corridor spaces and spaces previously converted to commercial activity without proper approval.

The proposed additions would extend the Harris Farm Markets into parts of the Orange Arcade, and also into a covered alcove walkway area at the car park frontage of the existing premises. Some areas of the Arcade into which Harris Farm is to be extended have prior approvals for various uses, requiring the basic parking rates established in the DCP to be modified or discounted in the assessment. Areas into which Harris Farm propose to be extended either attract no increase in the demand for parking, or represent additional floor area to which the policy of 14 November 2014 is not applicable.

The following Table provides a summary of the nett increase in parking generated by the proposed development.

TABLE 1 - Parking Analysis

Shop No or Area	Current Use	Highest approved use	Area (M²)	Parking allowed under previous approvals	Net Parking increase
Shop 31	Delicatessen / café	Retail premises (Dress Shop prior to 1991)	50.4m²	2.1	0 spaces
Shop 26A	Showroom for Blinds	Corridor/access way	11.6m²	No approval	0.48 spaces
Deli/Café outside dining area	Seating Area	Corridor/access way	44.8 m²	No approval	1.84 spaces
Corridor space adjacent to Harris arcade doors	Corridor	Corridor	12.2 m²	0	0.45 spaces
Outdoor Kiosk Display Area	Outdoor Display	None	23.2 m²	0	0.95 spaces
TOTAL					3.77 spaces

Where floor space has a prior approval for some commercial activity, it represents a change of use and is subject to the 50% discount established in the Council policy of 6 November 2014. Where it is new GLFA, or previously unapproved floor area, no discount is applicable.

Shop 31 of the Orange Arcade was changed from a dress shop (a retail outlet) to a delicatessen by way of State Environmental Planning Policy 4 (Development Without Consent). There is no record of an approval as a dress shop, however by definition the use of this space (as a delicatessen commenced under the provisions SEPP 4) could only occur if the previous use as a dress shop was lawful (ie had some form of approval or permissibility). As a previous retail premises, this area has no increase in demand for parking for the new use compared to the proposed use as part of the Harris Farm Market.

There is no known approval for shop 26 for its establishment (the small display area located under the stairs of the Orange Arcade). Therefore it has no credit applied with respect to its parking. Similarly, the corridor dining area for Shop 31 has no known approval to be used for that purpose, and therefore has no credit applied. There is also no credit applicable for the remainder of the corridor also now proposed to be incorporated into the GLFA of Harris Farm.

As indicated in Table 1, the demand for parking not met in the proposed development is 3.77 spaces. In accordance with the contributions plan, Council can accept a contribution to cover the shortfall in parking. Applying the current levy rate per deficient space ($13,717.19 per space as of 1 June 2015, or part thereof) the applicable contribution is $51,713.80.

The applicant has indicated that they agree to the payment of a contribution in lieu of the shortfall in parking, as set out by Council’s current policy position. They have been appraised of the value of the contribution (see below) and have raised no objection to the size of that contribution.

Council will need to decide whether to accept a contribution. In the circumstances that there is no ability to provide parking on the site and that due to public parking spaces being provided in the locality it is considered reasonable for Council to require a contribution.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

The proposal does not involve a change of building use for an existing building.

Buildings to be Upgraded (clause 94)

The proposal does involve the rebuilding, alteration, and extension of an existing building, that will require a review of the fire safety standards for the building.

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

Circulation and Design

The proposed development as originally proposed included "pop-up kiosks" in the covered area at the frontage facing the Council car park; however, the potential conflicts between pedestrians and vehicles led to this being changed. The area at the rear (facing the car park) of the site now only proposes product displays, similar to those now provided on the premises. Conditions are included to prevent direct sales from the area outside the main entry. It is further considered appropriate to require the existing steel barriers outside the premises that span between the brick building supports to be extended so as to provide a barrier all the way between the spans.

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

Land Use

The proposal will comprise an intensification of the existing and longstanding use of the land. The development will provide an enlarged retail premises for the CBD.

Utility Services

All utility services are available to the site and adequate for the proposal.

Physical Attributes and Hazards

There are no physical attributes of the land that would constrain the development. The site is not subject to known technological or natural hazards.

Public Liability Risk

The proposed development is considered to represent an acceptable safety risk in terms of public liability. However, it does involve unusual use of the public car park for loading and deliveries. Council’s Corporate and Commercial Services Division has requested a condition that requires a licence agreement that provides protection for Council in relation to this use of the car park. This is considered reasonable and justified, and relevant to the planning assessment in this instance given Council's ownership and responsibility to manage the car park in the wider interests of the community. Attached is a relevant condition that addresses this issue.

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

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

PUBLIC INTEREST s79C(1)(e)

SUMMARY

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, D15/30127 ⇩

2 Plans, D15/30975 ⇩

Sustainable Development Committee 1 September 2015

2.3 Development Application DA 132/2015(1) - Harris Farm Markets - Sale and Summer Streets

Attachment 1 Notice of Approval

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ORANGE CITY COUNCIL

Development Application No DA 132/2015(1)

NA15/ Container PR14894

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	Harris Farm Markets
Applicant Address:	(Attention John Jan) PO Box 57 SYDNEY MARKETS NSW 2129
Owner’s Name:	Orange Arcade Pty Ltd and Merchandising Develop Pty Limited
Land to Be Developed:	Lots 1 and 2 DP 572210 – Sale Street and Summer Street, Orange
Proposed Development:	Shop (alterations and additions)

Building Code of Australia building classification:	As determined by Certifier

Determination
Made On:	13 August 2015
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	13 August 2015
Consent to Lapse On:	13 August 2020

Terms of Approval

The reasons for the imposition of conditions are:

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

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

(4) To 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.

Conditions

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

(a) Plan/s numbered Plans By Harris Farm Markets, sheets DA01, 02, 03 and 04, Job Number 140201, dated 22/04/2015, and as also shown on the amended site plan showing meat delivery routes (5 sheets)

(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.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(4) The payment of $51,713.80 shall be made to Council in accordance with Section 94 of the Environment Planning & Assessment Act and Orange Development Contributions Plan 2012 in lieu of the physical provision of adequate on-site car parking spaces.

PAYMENT MUST BE MADE PRIOR TO THE ISSUE OF ANY CERTIFICATE under part 4A of the Act.

The contribution shall be indexed quarterly in accordance with the Orange Development Contributions Plan 2012, which may be inspected at the Orange Civic Centre, Byng Street, Orange.

(5) 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.

(6) 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 and sewer alterations. No plumbing and drainage is to commence until approval is granted.

(7) A Fire Safety Schedule specifying the fire-safety measures (both current and/or proposed) to be implemented in the building is to be submitted with the Construction Certificate application, in accordance with Part 9 Clause 168 of the Environmental Planning and Assessment Regulation 2000.

(8) Detailed plans and specification are to be provided specifying the proposed fit-out of the food preparation and storage areas in accordance with the requirements of Australian Standard 4674-2004 "Design and construction and fit-out of food premises" and Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code.

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

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

(10) 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.

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

(12) A licence agreement for the use of the carpark for loading purposes shall be entered into between the Council and the operator of the Harris Farm Markets. The licence agreement shall incorporate public liability insurance that indemnifies Council to not less than $10 million. All costs associated with the licence and the setting up and maintaining of the liability cover shall be at the full cost of the proponent, and no cost to Council. The wording and detail of the agreement shall be prepared to the satisfaction of Council's Corporate and Commercial Services Division, and is required to be in force prior to the issue of a Construction Certificate for any part of the work approved under this consent

PRIOR TO WORKS COMMENCING

(13) 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.

DURING CONSTRUCTION/SITEWORKS

(14) 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.

(15) The fit-out of the food preparation and storage areas are to be installed in accordance with the requirements of Food Safety Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code and Australian Standard 4674-2004 "Design and construction and fit-out of food premises".

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

(17) 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.

(18) The existing pedestrian crossing line-marking in the carpark is to be blacked out. A new pedestrian crossing, speed bumps, loading area and other traffic control measures as set out in the plan approved by the City of Orange Traffic and Development Committee shall be provided. In addition to this, appropriate signage shall be provided in the vicinity in a location selected by Council advising motorists of pedestrians in the area and advising pedestrians of vehicle activity in the area. All work is to be at the full cost of the developer.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(19) Prior to the issue of an Occupation Certificate, the applicant shall ensure that specified changes to the carpark layout are carried out in accordance with plan number CP002 (shown below), prepared by Orange City Council, dated July 2015. The specific requirements of Plan Number CP002 that need to be completed by the applicant include:

· Removal of the existing pedestrian delineations.

· Installation of new pedestrian delineation markings covering the entrance to Harris Farm Market and the Arcade.

· Installation of a speed hump prior to the pedestrian delineation markings.

Works must be carried out by Orange City Council at the cost of the applicant (liaise with Council's Commercial and Emergency Services Manager on disbursement of costs).

(20) The proponent shall submit a Loading Dock Operational Management Plan for the approval of the Manager of Development Assessments. The Loading Dock Operational Management Plan shall detail types of vehicles (which for larger vehicles to be unloaded by fork truck must be a side loading vehicle), the number of visits, duration of stay, the safety procedures and protocols to be implemented on site by staff when deliveries are being carried out to the property so as to provide traffic and pedestrian safety for customers. The management plan shall specify that deliveries to the site shall not be carried out during peak operating periods where practicable, and shall specifically include the details of barriers to be installed (which shall not be witches hats barriers).

(21) The archway areas between the building columns in front of the outdoor product display shall be modified to prevent direct pedestrian access through the gaps that currently exist. Such protective balustrading shall be to the satisfaction of the Manager Development Assessments, and once installed shall not be removed or modified except with the approval of Council. .

(22) 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.

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

(24) 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.

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

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

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(28) Deliveries of fresh meat shall be undertaken in accordance with the approved sketch plan that forms part of this approval. Deliveries are restricted to a vehicle not exceeding 16m length, and shall be undertaken at times prior to 7am as indicated in the supporting information submitted with the application. The delivery vehicle shall utilise the loading area as shown in the plans approved by the City Of Orange Traffic and Development Committee, and the vehicle shall not be parked so that any part of the vehicle extends beyond the eastern extremity of the loading area. Unloading shall not in any way impede the safe usage of the pedestrian walkways in the carpark and the free flow of traffic.

(29) The external display areas shall not be used for any direct sales to the public. It is strictly to be used for product display only. All displays shall be wholly placed within the subject property with no encroachments permitted onto adjoining land or into Council's carpark.

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

(31) The operational controls contained within the approved Loading Dock Management Plan must be complied with at all times.

ADVISORY NOTE TO APPLICANT

Vehicle access to the loading area is currently provided via the public carpark. Legal access is not available. The delivery arrangements to the loading area are not to be construed as the creation of a legal access over Council land. Legal right-of-carriageway will not be created; access may be restricted at Council’s discretion if necessary in the future. Should access to the land be denied due to redevelopment or sale of the carpark, it would be necessary to make alternative loading and unloading arrangements for the development.

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:	13 August 2015

Sustainable Development Committee 1 September 2015

2.4 Planning Proposal - Rezone Land for Rectangular Sports Field Complex

TRIM REFERENCE: 2015/2196

AUTHOR: Craig Mortell, Senior Planner

EXECUTIVE Summary

At its meeting of 20 August 2013 Council considered a feasibility study by Lantz Marshall Consulting (Orange Rectangular Sporting Field Feasibility Study, August 2013) that examined 11 potential sites for a premier rectangular sports field complex. Council then resolved as follows:

RESOLVED – 13/417 Cr Hamling/Cr Duffy

1 That the General Manager be authorised to finalise the purchase of land for a future sporting and recreational precinct, in accordance with the provisions of the report dated 6 August 2013.

2 That permission be granted for the use of the Council Seal on relevant documents.

3 That the land be classified as operational land.

Subsequent negotiations were held with relevant land owners and this report considers a planning proposal in relation to Lot 33 DP 1012682, known as 40 Priest Lane which also has extensive frontage to the Northern Distributor Road on the eastern approach to the City.

The land is approximately 52.28ha in area and the current land owner wishes to retain approximately 7.876ha in the north-western corner of the site surrounding the established house and associated outbuildings, tennis court and dam. The balance of the site, approximately 44.4ha, would be acquired by Council as a first step towards establishing the rectangular sports field complex.

The planning proposal attached to this report outlines the broad concept and illustrates one possible configuration of sports fields, stadiums and parking areas. It should be noted that the arrangement shown is only intended to confirm that the desired components of a sports field complex can be accommodated. The final design would be the subject of a Development Application and merit assessment.

The planning proposal therefore involves rezoning part of the land from E3 Environmental Management to RE1 Public Recreation with the balance of the land, containing the existing dwelling and associated outbuildings, remaining within the current E3 zone. The proposal also involves listing the land in Schedule 1 of the LEP to enable a two lot subdivision of the land below the minimum lot size of 100ha that otherwise applies to the land.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

The proposal seeks to amend Orange Local Environmental Plan 2011.

Recommendation

1 That Council seeks a Gateway Determination from the Department of Planning and Environment in relation to:

a Rezone part of Lot 33 DP 1012682, known as 40 Priest Lane, from E3 Environmental Management to RE1 Public Recreation.

b List Lot 33 DP 1012682, known as 40 Priest Lane, in schedule 1 of the LEP to permit a two lot subdivision below the minimum lot size for the purpose of excising the existing dwelling and associated improvements from the remainder of the site without creating any additional dwelling entitlements.

2 That Council undertake such studies, reports and consultations as may be required by the Gateway Determination.

3 That Council proceed to place the Planning Proposal on exhibition in accordance with any requirements of the Gateway Determination.

further considerations

The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:

Environmental	The western boundary of the site is within the area mapped by Council as potentially affected by Naturally Occurring Asbestos (NOA). Subsequent development of the site for a sports field precinct may need to adapt to this constraint to minimise disturbance of NOA material.
Health and Safety	Safe work methods in accordance with Council’s NOA policy will be required to ensure the health and safety of staff, contractors and the general public.
Projects	The potential presence of Naturally Occurring Asbestos on the site has potential to require particular design responses that could increase the financial cost of the intended sports field precinct.

SUPPORTING INFORMATION

In 2013 Council considered a feasibility report prepared by Lantz Marshall Consulting that examined 11 potential sites for a premier rectangular sports field complex. The three shortlisted sites identified in that report were:

1 Moulder Park

2 Orange Showground

3 North-East Orange greenfield site

Council resolved to proceed by giving the General Manager authority to purchase a site. Whichever site is ultimately developed needs to be appropriate zoned to allow for the appropriate land use. Under Orange LEP 2011 the term recreation facilities (major) is defined as:

recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.

The above land use is permissible with consent in the RE1 Public Recreation and RE2 Private Recreation zones. Moulder Park and the Showground are already within such zones however the North-East Orange greenfield site is currently in the E3 Environmental Management Zone which does not permit the use.

North-East Orange greenfield site

Location of site relative to Orange

Negotiations with the owner of the North-East Orange site have progressed on the basis of successful rezoning to enable the owner to retain the existing dwelling located in the north-western corner and to enable the sports field to be built. This would require a two lot subdivision however the land is already below the minimum lot size allowed for subdivision.

Approximate layout of two lot subdivision – subject to LEP Amendment and Development Application

Consequently, this report relates to a Planning Proposal prepared for Council by Peter Basha Planning and Development (PBPD) in relation to the North-East Orange greenfield site option, seeking to rezone the land from E3 Environmental Management to RE1 Public Recreation and list the property in Schedule 1 of the LEP to allow a two lot subdivision below the minimum lot size to facilitate the excision of the existing dwelling on approximately 7.876ha. The sports precinct would then be possible, subject to a Development Application, on the residual approximately 44.4ha of land.

Anticipated scope of project

In broad terms the North-East Orange greenfield site is shown to have the capacity to accommodate a complex that:

· Has crowd capacity of up to 15,000 persons.

· Formal grandstand seating of up to 1,500 persons.

· Floodlighting suitable for semi-professional and professional competition matches

· Function rooms that can be used as corporate boxes.

· Water efficient drainage and irrigation systems, including use of runoff from grandstand roofing.

· Full size (120m long 74m wide) field dimensions to meet the requirements of rectangular sporting codes – football (soccer), rugby league and rugby union.

· Change room facilities (4 rooms for players and 2 rooms for referees/officials).

· Public amenities and kiosk facilities on both sides of playing fields.

· Warm up facilities (approximately 60m by 70m)

· Car parking for a minimum of 250 spaces

If rezoned, the final design of the project would be subject to further refinement and master planning prior to lodging a development application. For example, given the stated intention to cater for major events, the car parking layout may benefit from easier bus/coach access including a set-down pick up area and possible taxi rank. Access to the NDR would need consultation with Roads and Maritime Services due to the size and capacity of the facility.

Planning Proposal Guidelines

The Planning Proposal, attached to this report, addresses the regulatory requirements for an LEP amendment and outlines the overall concept for the site. In particular the planning proposal has demonstrated consistency with State Environmental Planning Policies, Section 117 Ministerial Directions and considered preliminary flora and fauna and Aboriginal Archaeological assessments prepared by Envirowest Consulting.

Sections 2 to 5 of the Planning Proposal address the formal requirements of the Department of Planning and Environments document “A Guide to Preparing Planning Proposals” which outlines the fundamental information needed that form basis of public exhibition materials. The planning proposal attached to this report is broadly consistent with the requirements, however review of the documentation has found several issues that are not adequately addressed or that could benefit from supplemental information. These are detailed in the following sections.

Title

The property is subject to a 45m wide power line easement that runs from the north-western corner in a south easterly direction to the middle of the southern boundary, and then onward across other properties. This would preclude the erection of buildings within the easement but other features of a low profile, such as car parking and associated access lanes as well as warm up areas, would not be prevented.

While the formal sports-fields themselves are flat features it may be necessary to locate the fields clear of the easement, partly for practical reasons such as keeping the goal posts clear of any overhead lines and not wanting high clearing kicks to be deflected by contact, and partly for aesthetic reasons. Notwithstanding this there is ample room clear of the easement to locate the formal sports fields, stadium/grandstand and other associated buildings.

Toward the southern side of the property there is an area of approximately 2.1ha roughly 100m wide between the easement and the area of Naturally Occurring Asbestos, there is also a larger area of approximately 4.2ha north of the easement, roughly in the centre of the site with modest slope that is clear of the easement, drainage lines and NOA. These areas are shown on the following map as Area A and Area B respectively. Furthermore it should be noted that the presence of NOA is not an absolute constraint and the areas shown below could therefore be expanded subject to more detailed geotechnical investigations.

Power line easement shown in yellow, unconstrained and relatively flat/gentle slopes shown in areas A and B

Naturally Occurring Asbestos

The western edge of the area - approximately relating to the area of the site intended for car parking, the two sports fields and the stadium – is within the area identified on Council maps as being potentially subject to Naturally Occurring Asbestos (NOA).

Council has an Asbestos Management Plan, prepared in 2014, that guides consideration of development on NOA affected lands. The NOA mapping follows the precautionary approach, meaning that being on the map signals a likelihood of NOA being present. Only geotechnical investigation and sampling could confirm whether this is in fact the case. Additionally, the presence of NOA does not automatically preclude development of the site, but does trigger additional requirements to manage the hazard.

Should NOA be present and Council wish to proceed with acquisition and development of the land, the project would need to respond to this constraint through design measures. This could include

· All weather sealing of the car park area to effectively seal off the NOA

· Importation of clean fill to build up level playing surfaces, rather than using cut/fill techniques, effectively burying the NOA beyond reach

· Excavation and removal of material to a required depth and replacement with clean fill in other areas that are intended to be open to the public, ensuring that NOA material is not present at or near the surface

· Fencing off and preventing access to any affected areas where the above measures are not deemed appropriate

Contours of property showing NOA land shown stippled brown on left of image – Suma Park Dam to right of image

Formalities

The planning proposal suggests inclusion of the land into schedule 1 of the Orange LEP 2011 “to enable subdivision into 2 lots to reflect the proposed zone boundaries”. While this is an appropriate mechanism to achieve the intent, the actual listing needs to be accurately defined in the planning proposal to satisfy the Department of Planning and Environment and Parliamentary Counsel’s requirements. The wording of this section of the planning proposal would therefore need to be adjusted to read:

Insert the following into schedule 1 as item 2:

2 Use of certain land at 40 Priest Lane, Orange

(1) This clause applies to land at 40 Priest Lane, Orange, being Lot 33, DP 1012682.

(2) Development for the purposes of a two lot subdivision is permitted with consent, provided:

(a) That each lot created is subject to a single land use zone.

(b) No dwelling entitlements are created or established on the resultant lot zoned RE1 Public Recreation.

(3) Subclause (2) ceases to apply on 31 December 2016

The maps and plans supplied in the planning proposal do not adhere to the Department of Planning and Environment’s technical drafting and formatting requirements. Accordingly a new draft map would need to be prepared prior to proposal reaching public exhibition. This is considered to be a procedural matter as the draft map would be entirely consistent with the maps currently in the planning proposal.

Precedent

The planning proposal highlights that the amendment is likely to change expectations of other landowners in the area. The location of the site on the fringe of the urban area and the character of the surrounds, being predominantly small scale rural properties and associated dwellings, would not normally be suggestive of large scale facilities such as sports stadiums and the like.

In addition to the reasons offered in the planning proposal (that other non-residential / non-rural uses are already permitted in the E3 zone) the location of the site fronting onto the Northern Distributor Road essentially at one a key entrance point to the City clearly distinguishes the site from most of the rest of the E3 zone. The proposal is therefore not likely to undermine the integrity of the E3 zone and would not set a credible precedent for rezoning other land in the vast majority of cases.

Flora and Fauna

Parts of the site are identified as containing high biodiversity sensitivity under the Orange LEP 2011. The planning proposal includes a preliminary flora and fauna assessment undertaken by Envirowest Consulting. The assessment did not find any endangered or threatened flora or fauna species, populations or communities on the site and concluded:

The development is not expected to have a significant impact on the long-term survival of threatened species and communities within the South Eastern Highlands Bioregion.

Additionally, the significant vegetation on the site is not within the probable footprint of the sporting facilities and associated car parking areas. It is therefore apparent that a suitable design can be achieved on the site with negligible impact upon the flora and fauna values of the site.

Roads and Traffic

Clause 104 of State Environmental Planning Policy (Infrastructure) 2007 requires that traffic generating development must be referred to the Roads and Maritime Service for consideration. In this regard Recreation Facilities (major) with car parking for 200 or more vehicles is deemed to be a traffic generating development.

This is technically a matter to be addressed during subsequent Development Application(s), it highlights the overall potential for traffic to be a factor in the project. Accordingly, while the planning proposal is technically correct in stating that SEPP (infrastructure) is not relevant to the rezoning, it is considered likely that Council will be directed by any Gateway Determination to undertake consultation with RMS. At this time RMS opinion has not yet been sought.

In the absence of a traffic study, or RMS opinion, the location and configuration of the access point to the project is open to review. While the NDR and local road network is considered to have sufficient capacity for the volume of traffic likely to be generated, it is possible that the access arrangement may require adjustments to the relevant section of the NDR and potentially the Ophir Road intersection.

Flooding

Estimated drainage catchment of the subject site (approx 256.6ha)

The planning proposal states that the land is not identified as flood liable land. Whilst this is technically correct it is primarily due to the area not having been within the study area of previous flood studies.

In the absence of a formal flood study it should be noted that a drainage line runs roughly north-south through the middle of the site and feeds into Suma Park Dam approximately 300m north of the property boundary. Based on examination of the contour lines an estimate of the catchment area for this drainage line of roughly 256.6ha as shown in the map above. During a large rainfall event this could result in a significant volume of water passing through the site. This may suggest limiting direct public access to the drainage corridor to reduce public liability concerns.

However the area proposed for playing fields is elevated approximately 6m - 8m above the drainage line itself. Inundation of sporting fields does not generally present a danger or hazard and is unlikely to cause damage to such facilities. Notwithstanding this further investigation of flooding may be appropriate at the Development Application stage to inform the design and assessment of ancillary buildings such as grandstands, changing rooms, kiosks and the like.

Net Community Benefit

Orange has many quality sporting and recreation facilities that have been built up over many decades. However, in recent years the ability to attract and host major events for rectangular sporting codes (football/soccer, rugby league, rugby union) has been limited. This is seen to be the result of several factors including rising venue standards and crowd capacities expected by the organisers of such events.

The proposal illustrates the potential of the subject site to accommodate a new facility with appropriate capacity and long term expansion potential. Such a facility would be of direct benefit to existing local sporting teams and associations and would improve the ability to attract major semi-professional and professional grade events to the city. The location of the site on the fringe of the urban area would allow some events that due to noise levels might not be appropriate at other locations.

Large scale events (sports related or otherwise) would have direct flow-on benefits to the local economy in the hospitality and retail sectors. Large scale events would also introduce more people to Orange which may then have indirect benefits across the economy and community by helping to attract new residents, with a range of skillsets and business interests, to the area.

Conclusion

The planning proposal attached to this report has generally made a sound case for rezoning of the subject site. This will in turn enable the development of a significant sporting and cultural asset for the city allowing Orange to attract and host professional and semi-professional events, with potential flow-on benefits to the local economy. Some issues require further investigation, such as the presence of Naturally Occurring Asbestos, extent of flooding potentially affecting the land and traffic implications.

It is considered that these matters can be investigated concurrently with public exhibition, unless required by the Gateway Determination to be addressed prior. The issues raised do not represent absolute constraints that would render the site unfit for purpose, rather they are indicative of matters that need to be taken into account during the design and assessment of any subsequent Development Application.

Attachments

1 Planning Proposal - Rezoning Lot 33 DP 1012682 - E3 to RE1 - Northern Distributor Road, IC15/5680 ⇩

2 Orange Rectangular Sporting Complex Feasibility Report 2013, D13/18589 ⇩