Agenda of Planning and Development Committee

Planning and Development Committee 6 October 2015

2.1 Items Approved Under the Delegated Authority of Council

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

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 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.

Planning and Development Committee 6 October 2015

2.2 Amendments to Orange Development Control Plan and Shiralee Development Control Plan

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.

Recommendation

That Council place on exhibition the proposed changes to the Orange Development Control Plan 2004 and the Shiralee Development Control Plan 2015.

further considerations

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.

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

Attachments

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

PDF Creator

Planning and Development Committee 6 October 2015

2.3 Orange Local Environmental Plan 2011 - Amendment 4 Shiralee Post Exhibition

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

Recommendation

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

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 ⇩