ORANGE CITY COUNCIL
Planning and Development Committee
Agenda
6 October 2015
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Planning and Development Committee meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 6 October 2015.
Garry Styles
General Manager
For apologies please contact David Waddell on 6393 8261.
Planning and Development Committee 6 October 2015
Agenda
1.1 Apologies and Leave of Absence
2.1 Items Approved Under the Delegated Authority of Council
2.2 Amendments to Orange Development Control Plan and Shiralee Development Control Plan
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Planning and Development Committee 6 October 2015
1.1 Apologies and Leave of Absence
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
Recommendation It is recommended that Committee Members now disclose any conflicts of interest in matters under consideration by the Planning and Development Committee at this meeting. |
TRIM REFERENCE: 2015/2242
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
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 449/2011(2) |
Determination Date |
21 September 2015 |
PR Number |
PR10016 |
||
Applicant/s: |
Mr PA and Mrs CT Jarratt |
||
Owner/s: |
Mr PA and Mrs CT Jarratt |
||
Location: |
Lot 1 SP 712402 – 697 Pinnacle Road, Orange |
||
Proposal: |
Modification of development consent – rural dual occupancy (second dwelling). The modification involves the addition of 71m² of floor area to the ground floor; the addition of 5m² of floor area to the first floor; and the addition of a partly covered outdoor patio area. |
||
Value: |
$160,000 (being $110,000 more than the original development) |
Reference: |
DA 203/2013(2) |
Determination Date |
15 September 2015 |
PR Number |
PR6596 |
||
Applicant/s: |
Bunning Properties Pty Ltd |
||
Owner/s: |
Bunning Properties Pty Ltd |
||
Location: |
Lot 8 DP 7214 and Lot 3 DP 1185665 – 235 and 237 Leeds Parade, Orange |
||
Proposal: |
Modification of development consent - hardware and building supplies (construction of a new store), subdivision (consolidation of land), demolition (existing dwelling and associated outbuildings), signage and subdivision (two lot industrial). The modification involves: · Relocation of the building closer to Leeds Parade, resulting in a reduction of the Leeds Parade setback by 3.2m and an increase in the setback to the western boundary by the same amount. · Alterations to the Notice of Approval to enable staging of the development as depicted on Drawings 1311_040-042_B. The proposed staging of the development is outlined below: - Stage 1 - Includes the majority of approved works but excludes the provision of the western extent of the building (accommodating the approved bulk trade area and building materials and landscape yard) and the provision of additional car parking in the south-western extent of the site - refer Drawing 1311_040_B. - Stage 2 - Construction of car parking excluded from Stage 1 - refer Drawing 1311_041_B. - Stage 3 - Construction of the western extent of the building (accommodating the approved bulk trade area and building materials and landscape yard) - refer Drawing 1311_042_B. · Modification of existing Conditions 1, 6, 8, 9, 10, 12, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 45, and 54 to update the references to the endorsed plans and provide for the staged construction of the approved development. Condition 21 will be reworded and relocated under the heading “Prior to the Issue of an Occupation Certificate” and is now known as Condition 44A. Condition 44A has been designed to ensure that the requirements of the RMS are carried out to the satisfaction of Council prior to the use commencing, or the issue of either an interim or final Occupation Certificate is issued. |
||
Value: |
$16,500,000 (being the same value as the original development) |
Reference: |
DA 277/2013(2) |
Determination Date |
1 September 2015 |
PR Number |
PR18572 |
||
Applicant/s: |
Mr DM Brus |
||
Owner/s: |
Orange City Council |
||
Location: |
Lot 200 DP 1195298 – 136 Aerodrome Road, Orange |
||
Proposal: |
Modification of development consent – air transport facility (hangar). The modification involves increasing the width, length and overall height of the hangar, and undertaking the development in two stages. |
||
Value: |
$48,000 (being the same value as the original development) |
Reference: |
DA 170/2013(2) |
Determination Date |
7 September 2015 |
PR Number |
PR5849 |
||
Applicant/s: |
Fenlor Group Pty Ltd |
||
Owner/s: |
Fenlor Group Pty Ltd and Charms Developments Pty Ltd |
||
Location: |
Lots 41 and 42 DP 1195966 – 33 and 41 William Maker Drive, Orange |
||
Proposal: |
Modification of development consent – subdivision (59 lot residential). The modification involves removing all references to the Rural Fire Service requirements from the consent (as the land has been declassified as bushfire prone land); and minor amendments to the subdivision layout. |
||
Value: |
$0 (being the same value as the original development) |
Reference: |
DA 194/2014(2) |
Determination Date |
2 September 2015 |
PR Number |
PR25415 |
||
Applicant/s: |
Orange Service Centre Pty Ltd |
||
Owner/s: |
Orange Service Centre Pty Ltd |
||
Location: |
Lot 86 DP 1167633 – 1 Hanrahan Place, Orange |
||
Proposal: |
Modification of development consent – highway service centre and signage. The modification involves: · construction of a 200m² central building (a reduction from 280m2) containing: - 150m² pay point and fitout (a reduction from 200m2), - 50m² food and drink premises with associated indoor seating for up to four seats (a reduction from 80m2 and 24 indoor and outdoor seats); and - removal of the drive-through facility (although the access for the drive-through will be retained with the intention to use in the future, subject to a separate application); · four new underground fuel tanks (reduction from three larger tanks, and reduction in overall storage capacity); · six new double sided, multi-hose fuel dispensers (reduction from nine); · reconfiguration of rainwater tanks, skip bin enclosure, LPG cylinder exchange, ice fridge, and air and water filling point; · slight alteration of new vehicular access points off Hanrahan Place and Leeds Parade; · 15 car parking spaces, including one wheelchair accessible parking space located in front of the pay point building (reduction from 16); · increased landscaping areas and numbers of plantings; · removal of loading bay; · new signage structure on the south-western corner of the building with 2 new signs, new fascia sign on northern elevation of building, and deletion of 3 (of 4) signs on entry tower. |
||
Value: |
$1,200,000 (being the same value as the original development) |
Reference: |
DA 94/2015(1) |
Determination Date |
2 September 2015 |
PR Number |
PR6880 |
||
Applicant/s: |
Mr IJ and Mrs AJ Spurway |
||
Owner/s: |
Mr IJ and Mrs AJ Spurway |
||
Location: |
Lot 7 DP 793145 – 130 Lone Pine Avenue, Orange |
||
Proposal: |
Dual occupancy (attached) (one additional dwelling) |
||
Value: |
$444,020 |
Reference: |
DA 173/2015(1) |
Determination Date |
25 August 2015 |
PR Number |
PR26330 |
||
Applicant/s: |
Orange Ex-Services Club Ltd |
||
Owner/s: |
Orange Ex-Services Club Ltd |
||
Location: |
Lot 200 DP 1191450 – 225-243 Anson Street, Orange |
||
Proposal: |
Registered club (alterations and additions) and hotel or motel accommodation (alterations and additions) |
||
Value: |
$750,000 |
Reference: |
DA 177/2015(1) |
Determination Date |
28 August 2015 |
PR Number |
PR25289 |
||
Applicant/s: |
Australian AC Partners Property Pty Ltd |
||
Owner/s: |
Australian AC Partners Property Pty Ltd |
||
Location: |
Lots 101-104 DP 1164064 – 124-128 March Street, Orange |
||
Proposal: |
Residential care facility (timber deck) |
||
Value: |
$45,000 |
Reference: |
DA 237/2015(1) |
Determination Date |
2 September 2015 |
PR Number |
PR9814 |
||
Applicant/s: |
Mr J and Mrs MA Spanjer |
||
Owner/s: |
Spanjer Investments Pty Ltd |
||
Location: |
Lot 12 DP 800314 – 84 Peisley Street, Orange |
||
Proposal: |
Depot (alterations and additions) |
||
Value: |
$20,000 |
Reference: |
DA 245/2015(1) |
Determination Date |
20 August 2015 |
PR Number |
PR6960 |
||
Applicant/s: |
Ms SJ Davis |
||
Owner/s: |
Mr BE and Mrs RA Gibson |
||
Location: |
Lot A DP 151384 – 281 Lords Place, Orange |
||
Proposal: |
Health consulting rooms |
||
Value: |
$0 |
Reference: |
DA 250/2015(1) |
Determination Date |
1 September 2015 |
PR Number |
PR5236 |
||
Applicant/s: |
Blanchard Design Drafting |
||
Owner/s: |
60 Hill Street Pty Ltd |
||
Location: |
Lot 1 DP 783132 – 60 Hill Street, Orange |
||
Proposal: |
Office premises (alterations and additions) and solar energy system |
||
Value: |
$297,269 |
Reference: |
DA 256/2015(1) |
Determination Date |
21 September 2015 |
PR Number |
PR17174 |
||
Applicant/s: |
Mr S Hopwood |
||
Owner/s: |
Richmorn Pty Ltd |
||
Location: |
Lot 42 DP 882960 – 12A-12B Hamer Street, Orange and Lot 40 DP 882960 – 14 Summer Street, Orange |
||
Proposal: |
Strata subdivision (two lot residential) |
||
Value: |
$0 |
Reference: |
DA 263/2015(1) |
Determination Date |
3 September 2015 |
PR Number |
PR26077 |
||
Applicant/s: |
Thar Indian Cuisine |
||
Owner/s: |
Australian Executor Trustees Limited |
||
Location: |
Lot 1 DP 1181850 – Tenancy 7 – Summer Centre – 86-102 Summer Street, Orange |
||
Proposal: |
Restaurant or café and business identification signage |
||
Value: |
$80,000 |
Reference: |
DA 302/2015(1) |
Determination Date |
21 September 2015 |
PR Number |
PR7078 |
||
Applicant/s: |
Corpus Principis |
||
Owner/s: |
Rossi Orchards Pty Ltd |
||
Location: |
Lot 88 DP 786975 – 196 Lords Place, Orange |
||
Proposal: |
Medical centre (physiotherapy) |
||
Value: |
$38,000 |
TOTAL NET* VALUE OF ALL DEVELOPMENTS APPROVED IN THIS PERIOD: $1,784,289
* 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.
TRIM REFERENCE: 2015/1797
AUTHOR: David Waddell, Director Development Services
EXECUTIVE Summary
Council will be familiar with the recently adopted Shiralee Development Control Plan (DCP) Masterplan and the Orange DCP 2004 which provides design guidance for development in Orange. The Shiralee project seeks to bring new concepts and forms of development to Orange, enhancing diversity and choice across a range of lifestyle and housing options. Accordingly, the Shiralee project always acknowledged that the first development applications would help to road test some of the finer details and reveal where further attention may be needed.
With the recent submission of a 208 Lot subdivision in Shiralee and several development applications which have involved departures from the Orange DCP it is timely to review and redraft some of the DCP guidelines. The proposed changes involve a minor change to the Shiralee DCP and amendments to Chapter 7 of the Orange DCP to cover solar access (or daylight and sunlight) design requirements for smaller lot sizes. In addition road design guidelines and drawings are being developed to explain to developers in the Shiralee area Orange Council’s requirements (not part of this DCP amendment).
The new draft solar access guidelines take the latest thinking from around NSW and guidance from the Land and Environment Court of NSW. The draft guidelines seek to add more flexibility and balance to the existing DCP controls.
Staff have also prepared a table to be inserted into Chapter 7 of Orange DCP 2004 that clarifies which chapter 7 controls apply to different areas in Orange. For example some provisions are specific to Ploughmans Valley or Waratahs while others are overridden in the Shiralee area by the Shiralee DCP. The table is intended to allow a quick reference check to assist developers understand which rules apply to which areas.
Council is asked to place the draft guidelines on exhibition for a period of 28 days to seek public comment. Following this the guidelines will be formally adopted.
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
If adopted following public exhibition then Orange DCP 2004 will be formally amended and the Shiralee DCP formally amended.
That Council place on exhibition the proposed changes to the Orange Development Control Plan 2004 and the Shiralee Development Control Plan 2015. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
The attached Draft Solar Access Requirements document will represent the amendments to both the Shiralee and Orange DCP for smaller lot sizes.
Council will be familiar with the recently adopted Shiralee DCP Masterplan and the Orange DCP 2004 which provides design guidance for development in Orange.
Preliminary assessment of a recently lodged 208 lot subdivision in Shiralee and several other development applications which have involved departures from the Orange DCP it is timely to review and redraft some of the DCP guidelines. The proposed changes involve an adjunct document to the Shiralee DCP and amendments to Chapter 7 of the Orange DCP to cover solar access design requirements. In addition road design guidelines and drawings have been developed to explain to developers in the Shiralee area Orange Council’s requirements.
The new draft solar access guidelines take the latest thinking from around NSW and guidance from the Land and Environment Court of NSW. The draft guidelines seek to add more flexibility and balance to the existing DCP controls.
Council is asked to place the draft guidelines on exhibition for a period of 28 days to seek public comment. Following this the guidelines will be formally adopted.
The existing DCP controls are considered to be rigid and counter-intuitive as to the actual objectives involved. One aspect illustrates the lack of practicality experienced.
Developers faced with the current requirement that
“Sunlight to at least 75% of north-facing living-area windows within the development and on adjoining land:
- is provided for a minimum of 4 hours on 21 June; or
- is not further reduced than existing where already less”
are simply not including north facing windows in living areas within the development. This has the ultimate effect not of providing amenity, rather windowless living areas. Both Council and developers need to arrive at a reasonable mid-point. In this regard staff have prepared the attached changes which have been compared against current and recent development applications to ensure that they are workable yet also maintain the overall vision established during the Shiralee project.
Within the Shiralee DCP document there has been additional detail added to Section 5.3 Solar Access to provide a greater degree of clarity around requirements and how those requirements may be met within the lot typologies proposed. To further support this detail, the potential for two storey houses has been illustrated in the lot typologies. An additional section (3.5 Lighting) has been added to chapter 3.0 Local Infrastructure to ensure the use of industry best practice energy efficient fixtures while providing best amenity to the community.
Staff have also prepared a table to be inserted into Chapter 7 of Orange DCP 2004 that clarifies which DCP provisions apply to which areas in Orange. The following text and table would be inserted at the start of the Chapter:
“This chapter outlines the planning outcomes (PO), controls and objectives that apply in most residential areas of Orange. Several locations, precincts and suburbs of the city are subject to site specific provisions and masterplans that may contradict the more generalised controls. In these cases the site specific controls and masterplans are intended to take priority.
The following table gives an overview of where each planning outcome (PO) applies. Developments in master-planned areas are still required to address the planning outcomes that are shown as having City-wide effect.”
Planning Outcome |
Area(s) where the planning outcome applies |
Notes and minor exclusions |
PO 7.2-1 |
City-wide excluding Shiralee |
|
PO 7.2-2 |
Ploughmans Valley only |
|
PO 7.2-3 |
North Orange – Waratahs only |
|
PO 7.2-4 |
Land in the R5 Large Lot Zone only |
|
PO 7.5-1 |
City-wide excluding Shiralee |
|
PO 7.7-1 |
City-wide |
|
PO 7.7-2 |
City-wide |
Shiralee excluded from guideline “c” |
PO 7.7-3 |
City-wide |
|
PO 7.7-4 |
City-wide excluding Shiralee |
|
PO 7.7-5 |
City-wide excluding Shiralee |
|
PO 7.7-6 |
City-wide excluding Shiralee |
|
PO 7.7-7 |
City-wide excluding Shiralee |
Shiralee lot typologies and controls apply |
PO 7.7-8 |
City-wide excluding Shiralee |
|
PO 7.7-9 |
City-wide |
|
PO 7.7-10 |
City-wide |
|
PO 7.7-11 |
City-wide |
Shiralee excluded from guideline “c” & “d” |
PO 7.7-12 |
City-wide |
|
PO 7.7-13 |
City-wide |
|
Planning Outcome |
Area(s) where the planning outcome applies |
Notes and minor exclusions |
PO 7.7-14 |
City-wide |
|
PO 7.7-15 |
City-wide |
|
PO 7.7-16 |
City-wide excluding Shiralee |
Shiralee lot typologies and controls apply |
PO 7.7-17 |
City-wide |
|
PO 7.7-18 |
City-wide |
|
PO 7.7-19 |
City-wide |
|
PO 7.8-1 |
City-wide |
|
PO 7.9-1 |
City-wide |
|
PO 7.10-1 |
City-wide |
|
PO 7.11-1 |
City-wide |
|
PO 7.12-1 |
City-wide |
|
PO 7.13-1 |
Village of Lucknow only |
|
PO 7.14-1 |
Village of Spring Hill only |
|
PO 7.15.1 |
Vicinity of Orange Botanic Gardens only |
|
PO 7.16-1 |
Vicinity of Charles Sturt University and Leeds Parade only |
|
PO 7.16-2 |
Vicinity of Charles Sturt University and Leeds Parade only |
|
PO 7.16-3 |
Vicinity of Charles Sturt University and Leeds Parade only |
|
PO 7.16-4 |
Vicinity of Charles Sturt University and Leeds Parade only |
|
PO 7.16-5 |
Vicinity of Charles Sturt University and Leeds Parade only |
|
1 DRAFT - Shiralee Development Control Plan Revision A - September 2015, D15/36645⇩
Planning and Development Committee 6 October 2015
2.2 Amendments to Orange Development Control Plan and Shiralee Development Control Plan
Attachment 1 DRAFT - Shiralee Development Control Plan Revision A - September 2015
TRIM REFERENCE: 2015/2322
AUTHOR: Craig Mortell, Senior Planner
EXECUTIVE Summary
Draft Orange Local Environmental Plan 2011 – Amendment 4 was placed on public exhibition between 13 December 2014 and 10 February 2015. Consultation with government departments and agencies was also commenced at this time but took several months to be completed. Parliamentary Counsel opinion has been sought and was provided to Council on 9 September 2015, confirming that the draft plan can be legally made.
This report evaluates the matters raised in submissions and outlines how issues have been addressed. Council will be aware that Amendment 4 to the Local Environmental Plan (LEP) follows on from extensive community consultation that was undertaken during the preparation of the Shiralee Development Control Plan (DCP) Master Plan. The amendment is therefore primarily intended to make the LEP and DCP consistent with the result of that exercise.
Review of submissions has therefore been informed by the earlier process, such that significant changes have been deemed to be inconsistent with Council’s already adopted DCP Master Plan for the area.
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
Nil
1 That Council authorise the General Manager to formally make Orange Local Environmental Plan 2011 – Amendment 4. 2 That Council remove the Shiralee area from the Urban Release Area map so as to reduce any confusion during assessment of future development applications. 3 That staff request the Department of Planning and Environment to proceed with notification of the amendment through publication on the Parliamentary Counsel website. |
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
Submissions were received from two land owners and two government agencies during the exhibition period.
6 Cherrywood Close
The owners of 6 Cherrywood Close requested a change in minimum lot size from 2,400m2 to 2,000m2 on the Cherrywood Close frontage of their block and a reduction in the minimum frontage requirement of 40m to 30m. They suggest that the current minimum lot size would allow for eight lots on their property but due to the minimum frontage requirement of 40m they can only design for seven. The change sought would allow for a total of nine lots.
The large lot classification table on page 18 of the Master Plan establishes the minimum size of 2,400m2 applying to lots along Pinnacle Road, Shiralee Road (north of the Southern Feeder Road), Cecil Road and the Southern Feeder Road with a minimum width of 40m while allowing a 30m width for lots accessed from side roads. This combination of size and lot width helps to preserve an open appearance along key entrance roads to the Shiralee area.
The submission applied the 40m frontage requirement to the side roads of Cherrywood Close and Pines Lane however in such cases only a 30m frontage is required. The image below illustrates the submitters design on the left, suggesting that only seven lots would be possible, and a fully compliant design on the right showing that an eight lot design is achievable. Note that the top of the image is the Shiralee Road frontage that requires a 40m lot width (left and right sides roads only require a 30m width).
Landowner’s design on left (only seven lots achieved). Fully compliant eight lot design illustrated on right.
Other design responses may also be viable. Accordingly, no change is recommended to either the minimum lot size or the minimum frontage requirement in this case. This will maintain consistency with other large lot properties in the vicinity.
46 Shiralee Road
The owners of 46 Shiralee Road re-lodged a submission they made during the Shiralee DCP Master Plan project and included an update letter relating to four specific matters they considered to remain of concern. The four main areas of objection concerned the following
1 Threats to biodiversity and watercourses in the area to the west of 46 Shiralee Road
2 Changes to the number and size of residential lots that occurred between the initial exhibition of the Shiralee Master Plan in May 2014 to the version adopted in September 2014
3 Impacts on the amenity of 46 Shiralee Road and future development potential of that land
4 The process by which the changes occurred between exhibition and adoption of the Master Plan (May to September 2014)
Issue 1 relates to a pair of dams that Council has acquired to serve two roles, firstly in stormwater retention and management and secondly as part of the extensive public open space network. This area will be subject to significant landscaping earthworks to provide for this mixed role and early designs suggest that the site will be able to incorporate native plantings and habitat areas. While there will be disruption to the site it is considered that the current contribution to biodiversity and water quality values will ultimately be enhanced.
Issues 2 and 4 are clearly related. As Council will be aware the Master Plan changes, which introduced the medium lot typology, were the result of the public exhibition period and negotiations that held with a range of different landowners. In part the increased number of lots, and corresponding decrease in size, were the result of needing to achieve an overall yield that would keep developer contributions at a reasonable level. The criticism that the increased density was localised to the land south of 46 Shiralee Road is attributable to the concept of creating a range of neighbourhoods at differing scales and densities across the Shiralee precinct. This invariably means that some areas will have greater or lesser density than others.
Issue 3 speaks to changes to the amenity of 46 Shiralee Road, which is largely related to the inclusion of a row of compact lots to the western edge of their property, rather than an uninterrupted view over the dam/open space corridor. Again the placement of these lots is consistent with the Master Plan principle of placing density in locations that can benefit from available sources of amenity. In most cases compact lots across Shiralee will open onto public open space or across larger lots, effectively “borrowing” the landscaping on those larger parcels.
The processes undertaken with the Shiralee Master Plan were in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the result of extensive public exhibition and consultation. This LEP amendment is seeking to have the outcome of that master planning exercise incorporated into the LEP maps and provisions. The submission has not established any significant grounds to abandon the LEP amendment as exhibited.
Crown Lands
A submission was received from Crown Lands providing a map of sites that would require further discussion regarding incorporation of roads to be used in the development as access and green space areas. These are essentially matters that will be addressed during future development applications or in some instances a separate negotiation process with crown lands.
Roads and Maritime Services
The Roads and Maritime Services (RMS) sought clarification on the future traffic volumes and road network integration in order to confirm that no additional state infrastructure would be required. Council responded to their request for information and RMS advised of no further concern.
The Department of Planning and Environment liaised with a range of other government departments and agencies to confirm that state infrastructure contributions would not be required.
Urban Release Area
The Shiralee area was added to the Urban Release Area (URA) map of the LEP when the land was rezoned under Amendment 1. This provided the opportunity for Council to confirm where urban expansion was to occur yet defer development in order to undertake the DCP master planning exercise that could establish a preferred urban design.
Due to the URA mapping the post exhibition process had to involve a prolonged period of government agency consultation in order to confirm that the Shiralee area did not generate a need for state level infrastructure such as new public schools, hospitals or highways. While most agencies were able to readily form that view, the timing of this post-exhibition report has been delayed in order to satisfy the concerns of all departments and agencies.
Council adopted the Shiralee DCP master plan in September 2014, thereby satisfying the URA requirements. Retaining the Shiralee area in the URA map has therefore become redundant. The site should be removed from the URA map to avoid any possible doubt or confusion for future development.
Attachments
1 Request change to Shiralee Masterplan - reduce block frontage size - Cherrywood Close and Pines Lane - Tony Reppen and Judy Reppen, IC14/15985⇩
2 Submission - Shiralee Master Plan - Garry Smith and Lesley Smith, IC15/412⇩
3 Further discussion needed Crown Roads - response Amendment 4 Shiralee DCP Master Plan, IC15/855⇩
4 Roads and Maritime Services submission on OLEP Amendment 1 regarding Shiralee - OLEP Amendment 4 - 6 March 2015, IC15/3116⇩
5 Orange Planning Proposal Shiralee - condition 3 satisfied, D15/35040⇩
6 Orange Urban Release Area certification, D15/35038⇩
7 Parliamentary Counsel Opinion, D15/35056⇩
8 mapping cover sheet, D15/35052⇩
9 Draft URA map, D15/35042⇩
10 Draft LRA map, D15/35043⇩
11 Draft LSZ 8A map, D15/35046⇩
12 Draft LSZ 8B map, D15/35047⇩
13 Draft LZN 8A map, D15/35048⇩
14 Draft LZN 8B map, D15/35049⇩
Planning and Development Committee 6 October 2015
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 1 Request change to Shiralee Masterplan - reduce block frontage size - Cherrywood Close and Pines Lane - Tony Reppen and Judy Reppen
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 2 Submission - Shiralee Master Plan - Garry Smith and Lesley Smith
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 3 Further discussion needed Crown Roads - response Amendment 4 Shiralee DCP Master Plan
Mobile: 0427 544 103
Email: kay.oxley@crownland.nsw.gov.au
Mr D Waddell
Director Development Services
PO Box 35
ORANGE NSW 2800
Email: council@orange.nsw.gov.au
Date: 19 January 2015
Our Ref: DOC15/009380
Dear Sir
Orange Local Environmental Plan 2011 – Amendment 4 Shiralee DCP Mast Plan
With reference to your letter of 10 December 2014 regarding the Shiralee DCP Master Plan exhibition period and submission requirements.
Crown Lands has reviewed the Plan and notes the adjustment of lot sizes. It is noted that there are several parcels of Crown Land within the proposed Shiralee DCP Master Plan with which Crown Lands has been in discussion with Council regarding the ongoing management (see attached Figure 1).
Several Crown Land lots are managed by the Orange Parkland Trust (Orange City Council) with a number of Crown Roads that will require further discussion regarding the incorporation of roads to be used in the development as access and green areas as defined by the Plan. As you will note on the attached figure, one road currently has a pending road closure permit by a private individual.
If you wish to further discuss any Crown Lands matters please contact Kay Oxley, Senior Natural Resource Management Officer on (02) 6391 4334.
Yours faithfully
Kay Oxley
Senior Natural Resource Management Officer
Planning and Development Committee 6 October 2015
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 4 Roads and Maritime Services submission on OLEP Amendment 1 regarding Shiralee - OLEP Amendment 4 - 6 March 2015
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 5 Orange Planning Proposal Shiralee - condition 3 satisfied
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 6 Orange Urban Release Area certification
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 7 Parliamentary Counsel Opinion
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 8 mapping cover sheet
Environmental Planning and Assessment Act 1979
Orange Local
Environmental Plan 2011 (Amendment No 4)
Map Cover Sheet
The following map sheets are revoked:
Map Sheet |
Map Identification Number |
Land Zoning Map LZN_008A LZN_008B Lot Size Map LSZ_008A LSZ_008B
|
6150_COM_LZN_008A_010_20111205 6150_COM_LZN_008B_010_20111130
6150_COM_LSZ_008A_010_20111129 6150_COM_LSZ_008B_010_20111129
|
The following map sheets are adopted:
Map Sheet |
Map Identification Number |
Land Zoning Map LZN_008A LZN_008B Lot Size Map LSZ_008A LSZ_008B Land Reservation Acquisition Map LRA_008B Urban Release Area Map URA_008B
|
6150_COM_LZN_008A_010_20131128 6150_COM_LZN_008B_010_20140217
6150_COM_LSZ_007B_010_20150909 6150_COM_LSZ_007C_010_20150909
6150_COM_LRA_008B_010_20140428
6150_COM_URA_008B_010_20150909 |
Certified
[Title of Council Delegate] [Date] Minister for Planning and Infrastructure [Date]
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 9 Draft URA map
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 10 Draft LRA map
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 11 Draft LSZ 8A map
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 12 Draft LSZ 8B map
2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition
Attachment 13 Draft LZN 8A map