Agenda of Planning and Development Committee

Planning and Development Committee 3 November 2015

2.2 Development Application DA 38/2015(1) - 90-92 Bathurst Road

TRIM REFERENCE: 2015/2806

AUTHOR: Kelly Walker, Town Planner

EXECUTIVE Summary

Application lodged	16 February 2015
Applicant/s	Isaac Property Developments
Owner/s	Erolwren Pty Limited
Land description	Lot 1 DP 13435 and Lot 20 DP 1020706 – 90-92 Bathurst Road, Orange
Proposed land use	Demolition (existing structures), Service Station and Signage
Value of proposed development	$1,544,555

Council's consent is sought for the demolition of the existing buildings on the site, which was previously used as a used car sales yard. It is proposed to redevelop the site as a 24 hour ‘7 Eleven’ service station. A new single storey convenience store building will be constructed, as well as a fuel canopy over the petrol filling area. A loading and service area and eight car parking spaces will be provided, as well as landscaping. Signage includes a 6m high illuminated pylon sign on the corner of Bathurst Road and Glenroi Avenue, as well as canopy signage, directional signage, entry facia signage, wall signs and window signs.

It is proposed to reinstate the existing vehicle crossovers providing access from Glenroi Avenue, and provide one new access from Glenroi Avenue and one new access from Bathurst Road. The Bathurst Road entry will be left turns in and out only, restricted by a new central median island on Bathurst Road.

Concurrence is required from the Roads and Maritime Service (RMS) as a service station on a Classified Road is considered to be a traffic generating activity. The RMS has recommended an additional central median island on Glenroi Avenue, which will also restrict entry to left turns only. Additional traffic information and amended drawings have been submitted by the applicant to address concerns raised. The requirements of the RMS have been integrated as conditions of consent within the attached notice.

The development was referred to the City of Orange Traffic Development Committee for comment, who agree with comments made by the RMS; and their requirements are also included as conditions within the attached notice.

Council’s Development Engineer has concerns about the proposed pylon sign on the corner of the site impeding sightlines for traffic turning out of Glenroi Avenue. The applicant has revised the location of this sign to be setback from the intersection.

The applicant has prepared a Preliminary Hazard Analysis and Multi-Level Risk Assessment, as required by State Environmental Planning Policy 33, indicating that the level of risk is negligible, and therefore the activity is not considered hazardous. The PHA recommends risk management practices, which are included as conditions of consent in the attached notice.

A noise impact assessment has been submitted which concludes that the development will achieve the relevant noise criteria subject to certain operational measures. It sets out recommendations as to appropriate plant equipment, and restricted servicing and delivery hours, which are included as conditions of consent. Overall there will be no adverse noise impacts on neighbouring properties.

The submitted landscaping plan is considered to be generally acceptable subject to a condition of consent requiring the plant species along the rear (south-western) boundary to be amended to a shrub growing 2m in height and tolerant of indirect sunlight.

Four submissions have been received from neighbouring residential and commercial properties, with concerns relating to traffic, access, safety, noise, and proximity to other service stations. These concerns have been addressed in the report.

Overall the development is considered acceptable and is recommended for approval, subject to conditions of consent.

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 38/2015(1) for Demolition (existing structures), Service Station and Signage at Lot 1 DP 13435 and Lot 20 DP 1020706 – 90‑92 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

THE APPLICATION

Council's consent is sought for the demolition of existing buildings and structures, and the construction of a new service station and signage at Lot 1 DP 13435 and Lot 20 DP 1020706, known as 90-92 Bathurst Road, Orange.

THE PROPOSAL

The application involves the demolition of the existing buildings and structures, and the redevelopment of the site as a 7 Eleven service station. A new single storey building will be constructed towards the rear of the site, which will contain a convenience store with coolroom, will take payments for petrol, and provide customer toilets and staff facilities including an office, a store room, and a food preparation area (gross floor area (GFA) of 174m²). A fuel canopy will be erected over the petrol filling area, which will contain three fuel bowsers and two underground fuel tanks. An underground Spel Puracepter is also proposed, as well as a bio-retention basin for stormwater.

The site currently has two vehicle crossovers providing access from Glenroi Avenue, and it is proposed to reinstate these and provide one new access from Glenroi Avenue and another new access from Bathurst Road. The latter will be left turns in and out only, restricted by a new central meridian island on Bathurst Road. A loading bay and eight car parking spaces are proposed on the site, as well as landscaping on the western, southern, and eastern boundaries.

Proposed signage includes the following:

Sign	Location	Illuminated	Size
Pylon sign - logo and fuel prices	Corner of Glenroi Ave and Bathurst Road	Yes	6.0m high x 2.0m wide
Directional signage (x4)	2 at each entry and exit	Yes	1.5m high x 0.55m wide
Entry facia signage	On shopfront awning	No	0.8m high x 0.8m wide
Canopy signage (x4)	On each side of the fuel canopy	Yes	0.8m high x 0.8m wide
Scrolling promo wall sign	On shopfront	Yes	1.73 high x 1.2m wide
Poster signs (x2)	On shopfront (internal)	No	2.4m high x 0.81m wide
Light box sign	On shopfront (internal)	Yes	0.48m high x 0.93 wide
Window vinyl film	On shopfront (internal)	No
Window decals (numerous)	On shopfront doors and glazing (internal)	No	0.085m high x 1.12m wide

The proposed pylon sign will display fuel prices which is not considered ‘business identification signage’, however is required by NSW Fair Trading.

It is proposed to operate 24 hours a day, seven days a week. Approximately two staff members will be present on the site at any one time. Deliveries include 1-2 fuel deliveries each week, 1-2 dry grocery deliveries each week and daily fresh food deliveries. Deliveries will typically occur during the day and evening, however consent is sought to allow flexibility to make deliveries anytime within a 24 hour period when necessary.

MATTERS FOR CONSIDERATION

Section 5A Assessment

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

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

Section 79C

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

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

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

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

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

(b) to provide for a range of development opportunities that 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 generally consistent with these aims.

Clause 1.6 - Consent Authority

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

This clause provides that covenants, agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions.

· covenants imposed or required by Council

· prescribed instruments under Section 183A of the Crown Lands Act 1989

· any conservation agreement under the National Parks and Wildlife Act 1974

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

· any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

· any planning agreement under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

Council staff are not aware of the title of the subject property being affected by any of the above.

Mapping

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

Land Zoning Map:	Land zoned B6 Enterprise Corridor
Lot Size Map:	No Minimum Lot Size
Heritage Map:	Not a heritage item or conservation area, however Kinross Wolaroi School is nearby, which is a listed item
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Ground water vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies

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

Part 2 - Permitted or Prohibited Development

Land Use Zones

The subject site is located within the B6 Enterprise Corridor zone. The proposed development is defined as a service station and business identification signage under OLEP 2011.

Pursuant to the LEP dictionary, a service station means:

a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:

(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,

(b) the cleaning of motor vehicles,

(c) installation of accessories,

(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

(e) the ancillary retail selling or hiring of general merchandise or services or both.

Signage means:

any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:

(a) an advertising structure,

(b) a building identification sign,

(c) a business identification sign,

but does not include a traffic sign or traffic control facilities.

Service Stations and signage are permitted in the B6 Enterprise Corridor zone with the consent of Council. It should be noted that the proposed service station includes a small ancillary store, selling general merchandise that may include goods not necessarily related to travelling motorists. The scale of this aspect of the development is considered to be a typical operation of a service station and therefore consistent with Part E of the above described definition of a service station.

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned B6 Enterprise Corridor are as follows:

· To promote businesses along main roads and to encourage a mix of compatible uses.

· To provide a range of employment uses (including business, office, retail and light industrial uses).

· To maintain the economic strength of centres by limiting retailing activity.

· To provide for residential uses, but only as part of a mixed use development.

The development is not inconsistent with the objectives of the zone.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to a building or work. This requirement does not apply to any demolition that is defined as exempt development.

The proposal involves demolition and the applicant is seeking the consent of council. A Waste Management Plan has been submitted as part of the application. The demolition works proposed will have no significant impact on adjoining lands, streetscape or public realm. Conditions may be imposed in respect of hours of operation, dust suppression and the need to investigate for, and appropriately manage the presence of, any materials containing asbestos.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

(1) Objectives

The objectives of this clause are as follows:

(a) to conserve the environmental heritage of Orange,

(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c) to conserve archaeological sites,

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

The site is not located within a heritage conservation area, but is within proximity to Kinross Wolaroi School, which is a listed heritage item. The original mansion and it’s landscaped surrounds have State significance in relation to architecture and education. The school is separated from the highway by a row of large lots which contain large dwelling houses and mature vegetation, and as such the school, and in particular the mansion, cannot be seen from the site. The proposed development will not have any impact on the listed heritage item.

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 underground petrol storage tanks; an underground puracepter; bio-retention aggregate layers, surcharge and discharge pits; and associated drainage. 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 earthworks will be appropriately supported onsite and the change in ground level is not substantial. Therefore the effect on the amenity of adjoining properties is considered to be minor. The extent of the earthworks will not materially affect the potential future use or redevelopment of the site that may occur at the end of the proposed development's lifespan. The site is not known to contain any Aboriginal, European or archaeological relics. Previous known uses of the site do not suggest that any relics are likely to be uncovered.

A Baseline Environmental Site Assessment has been undertaken by Parsons Brinckerhoff, dated September 2014, and submitted as part of the application. It concludes that the site is suitable for the use as a petrol station as negligible soil and groundwater contamination impacts have been identified beneath the site. Conditions of consent are required to ensure that surplus materials from demolition and earthworks will disposed of to an appropriate destination.

The site is not in proximity to any waterway, drinking water catchment or sensitive area, however conditions will be imposed to require a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries.

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 through landscaping, and includes onsite retention of stormwater through the use of a bio-retention basin. A Spel Puraceptor is also proposed. Although the roof catchment area will be greatly increased, the total impermeable area will be reduced by removing some of the hardstand area and providing a larger area of landscaping. It is therefore considered that the post-development runoff levels will be similar to pre-development levels, and the management of onsite stormwater is acceptable.

7.6 - Groundwater Vulnerability

This clause seeks to protect hydrological functions of groundwater systems and protect resources from both depletion and contamination. Orange has a high water table and large areas of the LGA, including the subject site, are identified with “Groundwater Vulnerability” on the Groundwater Vulnerability Map.

This requires that Council consider:

(a) whether or not the development (including any onsite storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and

(b) the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

Furthermore consent may not be granted unless Council is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact,

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The proposal has the potential to involve the discharge of toxic or noxious substances through accidental spillages, particularly through leaking of underground tanks and pipes, and therefore may contaminate the groundwater or related ecosystems. The design and siting of the proposal avoids impacts on groundwater through the use of an underground Spel Puracepter, as well as a bio-retention basin for stormwater, and is therefore considered acceptable. Furthermore, spills and leaks will be monitored through wells, which is addressed in more detail below.

STATE ENVIRONMENTAL PLANNING POLICIES

The following State Environmental Planning Policies apply to the subject development:

State Environmental Planning Policy Infrastructure 2007

Clauses 101 and 104 of this SEPP are applicable to this development, and are discussed below. Concurrence with the RMS is required for this proposal.

101 - Development with Frontage to Classified Road

The primary objective of this clause is to ensure that new development does not compromise the effective and ongoing operation and function of classified roads. The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

104 - Traffic-Generating Development

This clause applies to a service station of any size where it has direct vehicular or pedestrian access to a classified road or to a road that connects to a classified road where the access is within 90m of the connection. It requires the consent authority to give written notice of the application to the RMS and take their response into consideration, as well as consider the accessibility of the site concerned, and any potential traffic safety, road congestion or parking implications of the development.

The RMS has requested further information from the applicant several times. In particular, concerns related to traffic counts and modelling, points of conflict, queuing impacts on Bathurst Road and neighbouring businesses, loading arrangements, sightlines, the design of the median island on Bathurst Road, and the manoeuvring of tankers. Revised drawings have been submitted, and the traffic report has been amended and added to, to address these concerns.

The RMS recommended that an additional central median island be constructed on Glenroi Avenue to prevent right hand turns into the Glenroi Avenue access as there were still concerns about queuing traffic impacting on Bathurst Road and other surrounding businesses. Initially there were concerns as to whether this island would impact on customers of Red Rooster being able to turn in and out of the driveway opposite the site, however the median can be achieved with a slightly less than standard length. The applicant has submitted a revised drawing to this effect.

The RMS has provided concurrence for the development, and their requirements have been integrated as conditions of consent within the attached notice. They also note that Council should consider restricting fuel deliveries to be outside of normal trading hours; that signage is not to flash, move or be objectionably bright; and to improve sightlines and access to the site, that Council should create a ‘No Stopping’ zone on the road shoulder adjacent to the site between the intersection of Bathurst Road and Glenroi Avenue and the proposed Bathurst Road access driveway. These concerns are addressed within the following report.

State Environmental Planning Policy 33 - Hazardous and Offensive Development

This policy seeks to ensure that the consent authority has sufficient information to assess whether a development is potentially hazardous or offensive, and to impose conditions to reduce or minimise any adverse impacts. The policy sets out the definition of a ‘potentially hazardous industry’ as follows:

a development for the purposes of any industry which, if the development were to operate without employing any measures (including, for example, isolation from existing or likely future development on other land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality:

(a) to human health, life or property, or

(b) to the biophysical environment,

and includes a hazardous industry and a hazardous storage establishment.

A development application for a potentially hazardous industry must be accompanied by a preliminary hazard analysis (PHA), in accordance with current circulars and guidelines from the Department of Planning. Guidelines titled Applying SEPP-33 Development Application Guidelines, and Multi Level Risk Assessment Guidelines are particularly relevant to this application, among others. Myros Design, on behalf of the applicant, has prepared a Multi-Level Risk Assessment and PHA in accordance with these guidelines.

In this case, the relevant screening criteria are the quantities of hazardous materials proposed (onsite and to be transported) and the buffer distances to nearby boundaries. The assessment found that for a screening quantity of 44kL, the minimum separation distance from the remote filling and dispenser points to the site boundary is 7.9m. As the northern site boundary is less than this distance away at only 7.19m, the proposed storage and dispensing of fuel does not pass initial screening. As such, further analysis was undertaken, and it was concluded that the societal risk of the proposal is ‘negligible’, and that all possible measures shall be undertaken to ensure that the level of risk is kept to a minimum.

Assessment Guidelines Chapter 4 - Assessing Hazard and Determining Risk

Chapter 4 of the Applying SEPP-33 Development Application Guidelines states that a PHA should enable the consent authority to make a judgement about the level of risk involved in a proposal and its acceptability. It should allow the consent authority to decide if the level of risk exceeds criteria for acceptability (thus indicating that the proposal is a hazardous industry) or whether the level of risk can be managed (so that the proposal is acceptable on hazard grounds). The PHA may be done qualitatively and/or quantitatively, depending on the circumstances of the proposal and its location.

A Level 1 Qualitative Risk Analysis was carried out and forms part of the submitted PHA. It includes specific safety measures that need to be undertaken on the site, both during construction and during operation, and all inspections and monitoring procedures. Furthermore, all equipment must be installed to manufacturer’s recommendations, and must comply with all the relevant standards.

The PHA sets out potential incidents, hazard prevention equipment and hazard response procedures however this mostly deals with onsite risks and risks to human life. The risk to the biophysical environment has not specifically been addressed. However, in accordance with the SEPP guidelines, the procedure for identifying a potentially hazardous development does not explicitly include an assessment of biophysical risk. As there is no known presence of rare or threatened species, or any watercourses in the immediate vicinity, a specific biophysical risk assessment is not necessary in this case. Furthermore, the guidelines state that higher importance is attached to public risk; and where the risk criteria is found to be acceptable to people, then the environmental risk could also be tolerated. Notwithstanding this, there is potential risk to the wider environment and ecosystems through underground tanks and pipes leaking into the groundwater, where the water table is high in this location. The monitoring of this risk has been recommended in the PHA, and as mentioned earlier, the EPA has also recommended that groundwater monitoring wells be installed.

The consent authority, in addition to the above, must also consider:

(i) any feasible alternatives to the carrying out of the development and the reasons for choosing the development the subject of the application (including any feasible alternatives for the location of the development and the reasons for choosing the location the subject of the application), and

(ii) any likely future use of the land surrounding the development.

No alternatives or reasons have been provided by the applicant, therefore it is considered that the alternative to the proposed service station is to retain the previous use of the site as a car sales yard. Future likely uses of the land surrounding the development are similar to the current surrounding uses, being residential and commercial uses. As such, the risk assessment has looked at the worst case scenario, where residential use is the most sensitive land use likely to surround the development site.

Overall it is considered that the Multi-Level Risk Assessment and PHA that have been submitted are consistent with the relevant guidelines, and indicate that the level of risk is below the thresholds specified.

Assessment Guidelines Appendix 6 - Ongoing Acceptability

The guidelines state:

"If, following the assessment of a PHA and other considerations, council considers that the proposal can proceed, it should consider imposing relevant hazards-related conditions as recommended by the department. These conditions will help ensure the ongoing safety of a potentially development."

Not all of the recommended conditions are considered relevant to this situation, however those that are relevant are included in the attached consent.

Furthermore, a Trade Waste Agreement will need to be entered into with the Council, and a Dangerous Goods Notification is required from WorkCover NSW.

State Environmental Planning Policy 55 - Remediation of Land

This policy requires contamination and remediation to be considered when determining a planning application. While there are no previous known uses of the site that could cause contamination as set out in the SEPP guidelines, a full history of the site is not known. As such a Baseline Environmental Site Assessment has been undertaken and submitted as part of the application.

Parsons Brinckerhoff carried out soil and groundwater sampling from boreholes on the site in September 2014, and found negligible soil and groundwater contamination impacts beneath the site. Heavy metal concentrations detected in the soil samples are considered to represent background levels, and Hydrocarbon detections in the groundwater samples are below the adopted site criteria for commercial land. They concluded that the site is suitable for use as a service station.

It is considered that the land is suitable in its current state for the purposes of the service station, and no further investigation or remediation is required for this use. It is noted that although the site is suitable for use as a petrol service station, conditions of consent are required to ensure that surplus materials from demolition and excavation will disposed of to an appropriate destination.

State Environmental Planning Policy 64 - Advertising and Signage

State Environmental Planning Policy 64 - Advertising and Signage applies to the subject land. The relevant provisions of the SEPP are addressed below.

3 - Aims, objectives etc.

(1) This Policy aims:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

(b) to regulate signage (but not content) under Part 4 of the Act, and

(c) to provide time-limited consents for the display of certain advertisements, and

(d) to regulate the display of advertisements in transport corridors, and

(e) to ensure that public benefits may be derived from advertising in and adjacent to transport corridors.

(2) This Policy does not regulate the content of signage and does not require consent for a change in the content of signage.

The development is consistent with the aims, objectives etc. of the plan.

4 - Definitions

The proposed signage can be defined as ‘business identification signs’ and ‘advertisements’ pursuant to clause 4 of the SEPP.

Business identification signage means a sign:

(a) that indicates:

(i) the name of the person, and

(ii) the business carried on by the person,

at the premises or place at which the sign is displayed, and

(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not include any advertising relating to a person who does not carry on business at the premises or place.

Advertisement means signage to which Part 3 applies and includes any advertising structure for the advertisement.

Most of the proposed signage is considered to be ‘business identification signage’, with the possible exception of the proposed scrolling promotional sign and two poster signs on the shopfront wall, which are likely to display advertisements. This is addressed in detail in Part 3 of the SEPP below.

Furthermore, the proposed pylon sign will display fuel prices, which although not technically considered ‘business identification signage’, is required by NSW Fair Trading pursuant to the following:

All NSW petrol station operators are required to display the price of regular unleaded petrol. The sign must:

· be positioned and lit so that any price it displays can be readily seen by motorists approaching the petrol station when the station is open; and

· display a price that must be a price per litre of petrol.

The size of the sign should be determined by what is reasonable in the circumstances, given the criteria outlined above.

Petrol station operators will not have to display signs if the erection of a price sign is inconsistent with local council planning restrictions (NSW Fair Trading).

This is addressed in detail in the Schedule 1 assessment below.

6 - Signage to Which this Policy Applies

(1) This Policy applies to all signage:

(a) that, under another environmental planning instrument that applies to the signage, can be displayed with or without development consent, and

(b) is visible from any public place or public reserve, except as provided by this Policy.

(2) This Policy does not apply to signage that, or the display of which, is exempt development under an environmental planning instrument that applies to it, or that is exempt development under this Policy.

The proposed signage can be displayed with development consent and will be visible from a public place, and therefore SEPP 64 applies to the application.

8 - Granting of Consent to Signage

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in clause 3(1)(a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

The signage is consistent with the aims, objectives, etc. of the plan and a Schedule 1 assessment is undertaken below.

Part 3 of the SEPP

Clause 11 - Requirement for Consent

Clause 11 states:

A person must not display an advertisement, except with the consent of the consent authority or except as otherwise provided by this Policy.

The shopfront wall signs are likely to display advertisements, and the applicant is applying for consent through this application.

Clause 13 - Matters for Consideration

Clause 13 triggers the requirement for the development to be consistent with this Policy, as well as the assessment criteria contained within Schedule 1. An assessment of the criteria contained within Schedule 1 is undertaken below.

Clause 14 - Duration of Consents

(1) A consent granted under this Part ceases to be in force:

(a) on the expiration of 15 years after the date on which the consent becomes effective and operates in accordance with section 83 of the Act, or

(b) if a lesser period is specified by the consent authority, on the expiration of the lesser period.

A condition will need to be attached in this regard.

Clause 22 - Wall Advertisements

(1) Only one wall advertisement may be displayed per building elevation.

(2) The consent authority may grant consent to a wall advertisement only if:

(a) the consent authority is satisfied that the advertisement is integrated with the design of the building on which it is to be displayed, and

(b) for a building having:

(i) an above ground elevation of 200 square metres or more—the advertisement does not exceed 10% of the above ground elevation, and

(ii) an above ground elevation of more than 100 square metres but less than 200 square metres—the advertisement does not exceed 20 square metres, and

(iii) an above ground elevation of 100 square metres or less—the advertisement does not exceed 20% of the above ground elevation, and

(c) the advertisement does not protrude more than 300 millimetres from the wall, unless occupational health and safety standards require a greater protrusion, and

(d) the advertisement does not protrude above the parapet or eaves, and

(e) the advertisement does not extend over a window or other opening, and

(f) the advertisement does not obscure significant architectural elements of the building, and

(g) a building identification sign or business identification sign is not displayed on the building elevation.

Clause 22 only allows one wall advertisement on each elevation. Furthermore, this clause states that Council may only grant consent to wall advertisements if no building or business identification sign is displayed on the elevation. The proposal involves three advertisements and two business identification signs on the shopfront elevation. As such, consent cannot be granted to the advertisements, as they do not meet the provisions of the SEPP.

As there is no limit on the number of business identification signs that may be erected on a building, a condition of consent is recommended that the proposed poster signs and scrolling promotional sign are restricted to ‘business identification signage’ only, and that no advertisements are approved for this development. The following Schedule 1 assessment has been carried out on this basis.

Schedule 1 Assessment

Character of the Area

· Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

· Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

The area is characterised as a mix of commercial and established residential properties, with signage primarily associated with the commercial uses on the southern side of Bathurst Road and in Glenroi Avenue. The character of the land is further influenced by the high profile location on the entrance to the business area of the City. Existing signage is made up of freestanding pylon signs along Bathurst Road, and wall signs on buildings set back from the street.

The proposed signage is considered to be consistent with the existing character of the area as it involves the installation of wall, fascia, and canopy signs on the building and fuel canopy, which are both set back from the main road. One low profile freestanding pylon sign will be erected on the corner of Bathurst Road and Glenroi Avenue, which is consistent with other pylon signs in the area. It is noted that the Red Rooster and McDonalds pylon signs on the other side of Glenroi Avenue are much higher than the proposed sign. However, 6.0m is considered to be the maximum allowed height in this location to ensure that the highway does not become dominated by signage, as well as maintaining the residential amenity of the properties on the northern side of Bathurst Road.

Special Areas

· Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

Whilst the subject land is not within a residential zoning, nor is it in a heritage conservation area or a listed item, the site is directly opposite to residential zoning and is nearby to a listed heritage item at Kinross Wolaroi School. As detailed above, the signage is consistent with the character of the area, and as such it will not detract from the amenity of the residential properties on the northern side of Bathurst Road. As noted earlier in this report, the features of Kinross Wolaroi School cannot be seen from the road as it is visually separated by a row of dwelling houses, therefore the listed item and school grounds will not be impacted by the proposed signage.

Views and Vistas

· Does the proposal obscure or compromise important views?

· Does the proposal dominate the skyline and reduce the quality of vistas?

· Does the proposal respect the viewing rights of other advertisers?

The proposed signage, apart from the 6.0m pylon sign, is shown to be limited to flush wall and canopy signage set back from the road, and as such will not obscure views, dominate the skyline, or impact the viewing rights of other signs in the area. The 6.0m pylon sign is sited in a manner that will not impact upon views, and is a height commensurate with the heights of the building on the land and adjacent properties, therefore will not dominate the skyline, nor reduce the quality of view corridors.

Streetscape, Setting or Landscape

· Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

· Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

· Does the proposal reduce clutter by rationalising and simplifying existing advertising?

· Does the proposal screen unsightliness?

· Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

· Does the proposal require ongoing vegetation management?

The scale, proportions and forms of the proposed signage are appropriate within the context of the setting. Whilst the signage may not contribute to the visual interest of the residential area, it has been designed in such a way so as to be compatible with the locality by way of scale, proportions and location of the signage; and it is important in identifying the business on the site. As established above, the proposed wall, fascia, and canopy signage is flush and will not protrude above the buildings or structures. Landscaping on the site has been designed as part of the overall proposal, and low maintenance vegetation and grasses will be planted around the pylon and directional signage.

Site and Building

· Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

· Does the proposal respect important features of the site or building, or both?

· Does the proposal show innovation and imagination in its relationship to the site or building, or both?

The proposed signage is considered to be compatible with the scale, proportion and other characteristics of the site and proposed buildings on the land. The proposed level of signage is not unreasonable for a land use of this type. On this basis, as well as for the reasons in the above sections of the Schedule 1 assessment, the display of fuel prices on the proposed pylon sign is considered to be acceptable.

Associated Devices and Logos with Advertisements and Advertising Structures

· Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

The proposed signage does not include any safety devices, platforms or lighting devices.

Illumination

· Would illumination result in unacceptable glare?

· Would illumination affect safety for pedestrians, vehicles or aircraft?

· Would illumination detract from the amenity of any residence or other form of accommodation?

· Can the intensity of the illumination be adjusted, if necessary?

· Is the illumination subject to a curfew?

Most of the signage proposed is to be illuminated internally. Specific lighting details have not been submitted with the application, and as such a condition of consent is recommended to ensure that it will not impact on the safety of vehicles, result in unacceptable glare, or impact on residential amenity. It is noted that the building and the outdoor areas of the site will also be illuminated, such as the car park, and forecourt, which will create background light levels on the site. As such, impacts from the illuminated signage lighting are likely to be negligible.

Safety

· Would the proposal reduce the safety for any public road?

· Would the proposal reduce the safety for pedestrians or bicyclists?

· Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

Council’s Development Engineers have raised concerns in relation to the proposed pylon sign on the corner of the site as it will impede sightlines for vehicles turning out of Glenroi Avenue onto Bathurst Road. The applicant has revised the location of this sign to address this concern, by setting it further to the northwest away from the intersection.

The RMS recommends that none of the signage is to flash or move; and as such a condition of consent restricts the proposed scrolling sign to not only be a ‘business identification sign’, but also to be unmoving.

All other proposed signage is appropriately sited, with most of the signs being set well back from the street. Therefore they will not obstruct movement, obscure sightlines, or reduce the safety for any public road, pedestrians or cyclists.

Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014

This regulation seeks to ensure that new underground petroleum storage systems are properly designed, installed, equipped, and tested. The application was referred to the Environment Protection Authority (EPA), who responded that groundwater in the vicinity of the site is quite shallow (between 0.1-0.5m below ground level) and recommends groundwater monitoring wells. They also recommend conditions to ensure that the development complies with the Regulation; that an Environmental Protection Plan is in place before operation commences; as well as requiring documentation demonstrating compliance.

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

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

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

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land:

· Chapter 0 - Orange LEP 2011;

· Chapter 3 - General Considerations;

· Chapter 4 - Special Environmental Considerations;

· Chapter 8 - Development in Business Zones;

· Chapter 13 - Heritage

· Chapter 14 - Advertising; and

· Chapter 15 - Car Parking

An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

Chapter 0 - Local Environmental Plan

Translation of Zones

Chapter 0.2 of Orange DCP 2004 provides a conversion table of old zones and the applicable new zones. The table indicates that the former 3b Business Services zone is the equivalent to the B6 Enterprise Corridor zone. As such, the relevant provisions pertaining to Part 8 of the DCP apply to the assessment of this development, as well as other relevant parts.

Transport Routes

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

The development will be appropriate in this regard. The proposed style of the building, canopy and signage is considered appropriate for the site, and is consistent with the design of other petrol stations, both in the immediate area, and the wider region.

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

Relevant conditions are attached that require lighting associated with the development to be appropriately sited or shielded so as to not cause unreasonable glare or distraction to motorists. As noted previously, the applicant has revised the location of the corner pylon sign to address concerns in relation to sightlines.

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

The proposal involves one illuminated scrolling sign on the front wall of the shop, and as noted above, a condition of consent is recommended to ensure that this sign is stationary.

· 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 development has been designed to limit the extent of traffic related impacts upon the highway, with a restricted left only into and out of the Bathurst Road access point through the use of a central median island on Bathurst Road. The RMS also requires a central median island on Glenroi Avenue to restrict to left hand turns only. Although the Bathurst Road access will be the principal access, the RMS, City of Orange Traffic Development Committee (COTDC) and Council’s Development Engineers considered the arrangement acceptable in this case.

· 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 left only access to and from Bathurst Road and Glenroi Avenue are considered to be satisfactory. The requirements of the RMS stipulate that landscaping, fencing and signage must not impede sightlines of traffic and/or pedestrians within the development, or when entering or leaving the development.

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

The location of onsite parking will be easily identifiable from both the highway for traffic approaching the development and for traffic entering the site from the entry point on Glenroi Avenue.

· Where the proposal is residential, or another noise sensitive form, appropriate noise mitigation measures to limit the development from traffic noise must be demonstrated.

An acoustic assessment has been submitted in support of the development which concludes that the development is appropriate in terms of noise impacts upon nearby sensitive receptors. Subject to the installation of appropriate plant equipment, the development will remain within acceptable limits and not present an unreasonable environmental impact in relation to noise. It is noted that there are some discrepancies between the proposed hours of deliveries in the Statement of Environmental Effects and the Noise Report, which is addressed in more detail in Car Parking and Noise Impacts later in this report. Noise levels will only comply with the more conservative hours recommended in the noise report, and these will need to form a condition of consent.

Chapter 3 - General Considerations

Waste Generation

· Applications involving demolition indicate measures that will be implemented for reuse and recycling of waste materials.

· Development involving demolition is carried out in a manner that optimises reuse and recycling of waste materials consistent with waste-minimisation principles.

The applicant has submitted a Waste Management Plan prepared by KDC Pty Ltd, dated February 2015, which sets out the type of waste generated during the demolition, construction and operation stages, and the means of disposal, reuse and recycling. It is noted that special measures are indicated for hazardous spills and waste. The plan is considered acceptable and meets the objectives of the DCP.

Chapter 4 - Special Environmental Considerations

Contaminated Land

· Land subject to development is clear from contamination

· Applications for development consent on land used or likely to have previously been used for uses in the table include contamination assessment and where necessary a proposed mediation strategy to make the site suitable for the proposed use.

A Baseline Environmental Site Assessment has been undertaken and submitted as part of the application, which concludes that the site is suitable for the use as a petrol station. No remediation is necessary, however conditions of consent are required to ensure that surplus materials from demolition and earthworks will disposed of to an appropriate destination.

Chapter 8 - Development in Business Zones

Business Services Areas

· Applications clearly demonstrate that the development will not detract from the role of the CBD as a regional centre.

The development is not likely to impact upon the primary role of the CBD. This type of development is considered appropriate within the zone and will appeal to the travelling public. Although the service station comprises a retail component, most of the customers will be those who are already stopping to purchase petrol, that is, incidental customers, which will not impact on the primary retail shops in the CBD.

· Provision of adequate fire-safety measures and facilities for disabled persons (according to the BCA) is addressed at the application stage (relevant for all development but particularly important where converting residential buildings for business use).

Relevant conditions are attached in relation to fire-safety and disabled access. These are considerations relevant to the Construction Certificate stage of the development.

· Heritage streetscapes are conserved and enhanced through adaptive reuse of heritage buildings, restrained advertising and landscaped gardens.

Whilst the development is nearby to Kinross Wolaroi School, which has a listed item within the school grounds, the development is not considered to form part of a heritage streetscape.

· Areas on the main roads into and out of Orange (such as Molong Road and Bathurst Road) provide a high level of architectural design to enhance the visual character of the City entrances.

The site is a prominent and high profile site on the eastern entrance to the City, and as such the architectural design of the development is of high importance. The proposal uses a simple modern design for the building and canopy, which is similar to other service stations so that it is easily identifiable from passing traffic. The scale, design, colours and materials are considered acceptable in the context of the locality.

· All sites contain an element of landscaping. Landscaping provided is of a bulk, scale and height relative to buildings nearest the front property boundary so as to provide beautification and visual relief to the built form proposed or existing on the site. The depth of the landscape bed at the site frontage is sufficient to accommodate the spread of plantings that meet the abovementioned outcomes but, where practicable, a minimum depth of 3m is provided. Plantings are designed to provide shade for parking areas, to break up large areas of bitumen, to enhance building preservation and to screen against noise.

A landscaping plan has been submitted in support of the development. Landscaping at the frontage of the site is limited to between 1.0-2.5m in bed depth, which is adjacent to the access points and the filling forecourt. This is considered acceptable, as maintaining vehicle sightlines and being able to carry out maintenance of the signage is important. The landscaping depth increases to 4.5m between the secondary frontage and the side of the building as required in the DCP, and wraps around the back of the building to provide screening for the neighbouring property and the street.

The landscaping plan has been reviewed by Council’s Manager City Presentation, who comments that it is satisfactory with the exception of the plantings to the rear of the building, along the south-western boundary. Concerns relate to the proposed species being in such close proximity to the building, as when each individual plant matures into a tree, they will overhang the building, which may result in issues. There are also potential issues with these trees being able to obtain sufficient sunlight due to the site orientation. It is recommended that a different species is chosen for this part of the site, one that will reduce visual impact through screening, such as shrubs that grow to around 2m in height that are also tolerant of limited direct sunlight.

Subject to a condition of consent to alter the landscaping plan as recommended above, the development is considered appropriate in this regard.

Chapter 13 - Heritage

· Development conforms with recognised conservation principles.

Heritage considerations are addressed above.

Chapter 14 - Advertising

Advertisements

· The location, size, colour and design of advertisement complement the character of the locality.

· Advertisements on buildings fit within the envelope of the building.

As set out in the SEPP 64 assessment earlier in this report, the revised proposed signage is considered to be acceptable for this site and location, with the exception of advertisements and moving signs.

· Freestanding pole or pylon signs relate to the height of associated buildings in business and industrial areas.

The applicant is proposing a pylon sign with a height of 6m. This is considered an appropriate height, consistent with the scale of the development and other signage within the vicinity.

High-Profile Areas

· Business identification signs complement the character of the locality.

As addressed above, the proposed signage is considered to be acceptable in this locality. Subject to conditions of consent, the signs will not impact on the nearby residential zone, are in keeping with other signage on the highway and provide suitable identification of the service station.

Chapter 15 - Car Parking

The DCP sets out the minimum car parking requirements for a service station, which are 3 spaces for each workbay, and 1 space per 25m² of gross floor area (GFA) of shop, convenience store or payment area. The building, which contains a payment area, a shop, and a toilet, has a GFA of 174m². No workbays are proposed as part of this service station. As such, the development generates a requirement for 6.9 car parking spaces. A total of 8 car parking spaces are proposed on the site, one being a disabled parking space with a disabled shared zone. The car parking provision set out in the DCP can be met and the proposal is considered acceptable in this regard.

A loading and service area is also proposed on the site adjacent to the car parking area, the refuse area and back door of the shop. This arrangement is considered acceptable. Deliveries are proposed as follows:

Type of delivery	Frequency	Hours proposed	Hours limited by noise report	Delivery vehicle
Fuel	1-2 times per week	Usually 7am-6pm, some 6pm-10pm, occasional 10pm-7am	One delivery at any one time in a single 24 hour period	17m articulated vehicle RMS comments that 19m more likely
Dry goods	1-2 times per week	24 hours a day – but usually early morning prior to 7am, and late evening 8pm-midnight	Daytime and evening only 7am-10pm	10-14t pallet trucks
Fresh food	Daily	24 hours a day – but usually early morning prior to 7am, and late evening 8pm-midnight	Daytime and evening only 7am-10pm	6-8t pallet trucks and/or a small delivery van
Waste collection	As required	Daytime hours	Daytime and evening only 7am-10pm	Private contractor, details not yet known

Although deliveries are proposed 24 hours a day, the submitted noise report places restrictions on their frequencies in order for the development to comply with noise levels. This includes only one fuel delivery in any 24 hour period, and all other truck deliveries, including waste collection, to only take place during daytime and evening hours, being 7am‑10pm. A condition of consent is required to this effect. The RMS also recommends that fuel deliveries are outside of normal trading hours. As the petrol station will be open 24 hours a day, a condition of consent is recommended that fuel deliveries are outside of normal peak periods.

The development was referred to the RMS and the City of Orange Traffic Development Committee (COTDC) for comment. Following the submission of amended drawings and revised traffic information, concerns related to traffic counts and modelling, points of conflict, queuing impacts on Bathurst Road and neighbouring businesses, loading arrangements, sightlines, the design of the median island on Bathurst Road, providing a median island on Glenroi Avenue, and the manoeuvring of tankers, have been satisfied.

The RMS, COTDC, and Council’s Development Engineers have recommended conditions of consent for any further requirements not included on amended drawings, including the installation of painted lines and left turn only signage. These are included on the attached notice.

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

Demolition of a Building (clause 92)

The proposal involves the demolition of the existing building on the site. A Waste Management Plan was submitted as part of the application. A condition is attached requiring the demolition to be carried out in accordance with Australian Standard AS2601 - 1991: The Demolition of Structures, and the requirements of the NSW WorkCover Authority.

Fire Safety Considerations (clause 93)

Fire safety will be considered at the Construction Certificate stage of the development.

Buildings to be Upgraded (clause 94)

The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building.

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

Context and Setting

The context and setting of a particular area is established by taking into account the surrounding situation having regard for adjoining land uses, scenic qualities, scale of surrounding development, previous land use, etc. The locality immediately surrounding the site is characterised by mixed land uses including commercial land, eg fast food outlets, a tavern, local retail shops, car sales, and bulk retail sales; residential land uses and Kinross Wolaroi School. The wider area also includes other service stations, public parks/open space, accommodation, and a medical centre.

Taking into account the context and setting of the subject land, the proposed development is considered appropriate. The subject land will continue to be used for commercial purposes, albeit as a different use. The scale of the development will be similar to the existing, where a single storey building will replace the existing two storey building on the site, and a canopy will be erected over the previous car sales display area. Overall, it will still be commensurate with the scale of buildings on adjoining properties.

In terms of the compatibility with adjoining residential land uses, the development is considered acceptable. Although the intensity of customers will be much greater than the previous use as a used car sales yard, there are similarities in terms of vehicles coming and going from the site. However, it is proposed to operate 24 hours a day, which creates different impacts to the previous use. This is still in keeping with other uses, where McDonalds is open 24 hours, as is the nearby Shell service station. This is discussed in more detail in Noise Impacts and Residential Amenity below.

Noise Impacts

A noise impact assessment has been prepared by SLR Consulting, dated 16 December 2014, which concludes that the development will achieve the relevant noise criteria subject to certain operational measures. Although the applicant proposes deliveries to take place 24 hours a day, the noise report limits hours and frequencies for deliveries to no more than one fuel tanker delivery every 24 hours, and other deliveries during daytime and evenings only (7am to 10pm) to ensure that residential neighbours will not be impacted during the night.

Council’s Manager Building and Environment concurs with these conclusions, but also recommends that a commissioning report be carried out three months after operation commences to assess actual noise emissions from the development. Any recommended additional noise attenuation works must be carried out to ensure that compliance will be achieved.

It is also noted that noise management is included in the site’s Plan of Management, where staff are encouraged to minimise noise on the site, report negative behaviour, report noise complaints, encourage customers to not disturb neighbours at night time, and to erect signage to request customers to respect local residents.

Overall there is unlikely to be any adverse noise impacts on surrounding residential neighbours, subject to the service station operating under their conditions of consent.

Traffic Impacts, Access and Site Design

The subject land is located adjacent to Bathurst Road which is a classified road, and as such the RMS has the function of controlling the travels lanes of the subject road. Accordingly, the development was referred to the RMS for concurrence. The requirements of the RMS have been integrated into the notice of approval as conditions of consent, and are as follows:

· All access to the land from Bathurst Road and Glenroi Avenue is to be left in/left out only. All vehicle movements to and from the land are to be in a forward direction.

· A concrete median designed and constructed in accordance with Parts 3 and 4A of ‘Austroads Guide to Road Design’ and generally in accordance with the submitted plans, is to be provided in Bathurst Road. The median is to extend past the proposed Bathurst Road driveway up to the intersection of Glenroi Avenue and Bathurst Road with painting to delineate the median from the adjoining turning and through lanes. The concrete median is to be a minimum 300 millimetres wide. The right turn lane and the east and west bound highway through lanes are to maintain a minimum width of three metres.

· The concrete median in Bathurst Road is to be lit in accordance with ‘Australian Standard 1158’.

· A concrete median is to be provided in Glenroi Avenue in accordance with the submitted plans. To prevent in and out right turns. The median is to extend in Glenroi Avenue from the subject land’s front property boundary line to past the proposed Glenroi Avenue driveway. A double barrier line is to be painted on Glenroi Avenue from its intersection with Bathurst Road to south of the McDonalds Restaurant driveway.

· A formal agreement in the form of a Works Authorisation Deed (WAD) will be required between the developer and Roads and Maritime for the developer to undertake “private financing and construction” of any works on Bathurst Road. This agreement is necessary for works in which Roads and Maritime has a statutory interest. The WAD is to be executed prior to issuance of a Construction Certificate.

· Prior to the commencement of construction works, the proponent is to contact Roads and Maritime’s Traffic Operations Manager to determine if a Road Occupancy Licence (ROL) is required. In the event that an ROL is required, the proponent will obtain the ROL prior to works commencing within three (3) metres of the travel lanes in Bathurst Road.

· The entry and exit driveways are to be constructed in accordance with the submitted plans and finished with concrete. Driveways are to be designed to provide good sight lines between pedestrians and motorists, match road levels and not interfere with road drainage.

· Size “B” “Left Only” (r2-14) signs are to be erected to the left of the exit side of the Bathurst Road and Glenroi Avenue driveways. The signs are to face the site to advise motorists that all egress from the site is left turn only.

· The painted pavement arrows proposed on the site to direct motorists to exit the site onto Bathurst Road and Glenroi Avenue are to curve to the left to reinforce to motorists that exit from the site is by left turn only.

· All entry/exit points onto/from the public road network, internal vehicular manoeuvring, parking and loading areas are to be constructed in accordance with the submitted plans prior to the issuance of an Occupation Certificate for the development.

· Prior to occupation of the development, signage on the site facing the highway and Glenroi Avenue is to be installed displaying “NO FUELING OF VEHICLES OVER 12.5 METRES LONG”.

· Prior to the issuance of an Occupation Certificate, redundant kerb layback crossing accesses in Bathurst Road and Glenroi Avenue servicing the land, are to be removed and replaced with kerb and gutter to match existing kerb and gutter.

· Adequate turning circles, storage room and vertical clearance is to be provided in the site for the largest type of vehicle (19 metre articulated vehicle) that will visit the site during construction and operation. Fuel delivery vehicles are to be restricted to vehicles 19 metres or less in length.

· All activities including loading and unloading of goods associated with the development are to be carried out on site in the dedicated areas.

· Landscaping, signage and fencing is not to impede sight lines of traffic within or when passing, entering or departing from the site. Safe Intersection Sight Distance (SISD) is to be provided and maintained in both directions at the intersection of the driveways with Bathurst Road and Glenroi Avenue. For a 50km/h speed zone, SISD is 100 metres.

Given the high profile nature of the subject land and the proximity to a classified road, the development was referred to the COTDC for comment. Following numerous discussions between relevant parties and amendments to the proposal, the development is considered to be acceptable in terms of traffic impacts. The central median islands proposed on Bathurst Road and Glenroi Avenue to restrict movements to left turns only will ensure that impacts to the flow of traffic on Bathurst Road, and access to and from neighbouring commercial and residential driveways, will be minimised.

It is considered that the site has been appropriately designed to ensure that access points, car parking, loading and manoeuvring arrangements are sufficient for the proposed service station, and will not adversely impact on the surrounding road network, or on neighbouring properties.

Council agrees with the position of the RMS and COTDC, however it is noted that Council’s Development Engineers also had concerns about the proposed pylon sign impeding sightlines to traffic turning out of Glenroi Avenue. The applicant has provided amended drawings to address this concern, where the sign has been relocated further along the site frontage to ensure adequate sightlines, which is considered acceptable.

It is considered that the development would be appropriate in terms of traffic impacts subject to the conditions of consent noted above.

Residential Amenity

The proposed development is directly opposite residential land uses on the northern side of Bathurst Road, and as such consideration must be given to residential amenity. The dwelling houses on these properties are set well back from Bathurst Road, with separation distances of between 45-60m from the site boundary. Existing landscaping in the frontages assists with screening the development from view from those properties. Landscaping at the frontage of the site will assist in integrating the development into the streetscape. One neighbour on Bathurst Road has objected to the proposal, which is discussed in more detail in the Submissions Made section of this report.

The residential area to the south in Glenroi has a separation distance from the site boundary of at least 95m, which is more than sufficient to minimise impacts to their residential amenity. Landscaping has been included on the southern boundary of the site, which will improve the visual amenity when travelling towards the site along Glenroi Avenue.

It is acknowledged that there will be some traffic impacts to the neighbouring residential properties, which has been discussed above. External lighting on the site has the potential to impact on residential neighbours, where the building, canopy, and signage will be lit 24 hours a day. The recommended condition of consent to ensure that lighting levels and positioning is safe for traffic will also act to ensure that impacts to residential properties are minimised.

Noise has been assessed as set out above, and it is considered that noise levels associated with the proposed service station will be within the relevant noise criteria, subject to conditions with regards to plant equipment and frequency, and hours of deliveries.

It is noted that the service station is considered to be a potentially hazardous activity due to the underground storage and deliveries of fuel. The submitted PHA demonstrates that the societal risk is negligible based on the low frequency of accidents. Specific measures will need to be carried out to ensure that the site is constructed and operated in a safe manner.

The development is considered acceptable in terms of the residential amenity of the nearby dwellings.

Visual Impacts

The development is not likely to present any unreasonable impacts in terms of visual amenity, where the building and canopy are set back from the street, acceptable colours and materials are proposed, and the scale and design are in keeping with other buildings in the surrounds. Adequate landscaping will assist with integrating the development within the streetscape. While Kinross Wolaroi has a listed item within the school grounds, it is not visible from the street, and as such will not be impacted by the proposed development.

Environmental Impacts

The subject land does not contain any vegetation, therefore the development is not likely to contain any threatened species, their habitats or any endangered ecological communities. A landscape plan has been submitted in support of the development which provides for landscape strips along three boundaries, which is considered suitable for the proposed development. Post-development landscaping area also exceeds existing landscaped areas, resulting in more permeable surfaces. Some species alterations are required to the landscaping plan as set out earlier in this report.

As set out in the SEPP 33 analysis of this report, there is some risk to the environment through potential leaking of underground tanks and pipes. The guidelines state that where the risk criteria has found to be acceptable to people, then the environmental risk could also be tolerated. However, the water table in this location is high, and conditions of consent are recommended in relation to monitoring for leaks. Monitoring has been recommended in the submitted PHA, and the EPA also recommends monitoring wells.

The proposed bio-retention basin will collect and filter stormwater on the site, and a Spel Puraceptor is also proposed. The management of onsite stormwater is considered to be acceptable. It is noted that the revised location of the pylon sign is within the basin, however the applicant has provided confirmation from their engineer that modified footings will not impact on efficiency of the bio-retention system.

Subject to conditions of consent, environmental impacts are unlikely, and therefore the proposed development is acceptable.

Safety, Security and Crime Prevention

A Plan of Management, dated February 2015, has been submitted as part of the application, which sets out considerations to ensure the safety and security of staff, customers, workers, residents and the wider community. Measures include adequate staff training, holding an incident register on the site (including complaints), installation of a ‘panic button’ for emergencies, 24 hour CCTV surveillance, money handling procedures, theft procedures, external lighting, clear sightlines to forecourt, and restricted staff areas. The proposed development is considered acceptable in this regard, and a condition of consent is recommended to ensure that the service station is operated in accordance with this Plan.

Socio-economic Impacts

The development has the potential to present positive socio-economic impacts. The development will allow additional employment during both the construction and operational phases of the development.

Cumulative Impacts

With appropriate conditions of consent the development is not likely to present any unreasonable cumulative impacts within the locality. The noise impact assessment concludes that the development is acceptable in terms of noise. Traffic, parking, and access are also considered to be acceptable. Furthermore, the development is considered acceptable in terms of hazard risk, and will not present any unreasonable environmental impacts within the locality.

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

There are no known physical constraints which would render the site unsuitable for the proposed service station. Adequate services and utilities are available to the site to facilitate the proposed development. The submitted reports demonstrate that the site is suitable for this use. The submitted Preliminary Hazard Analysis and Multi-Level Risk Assessment demonstrate that the proposal is not a hazardous activity and is suitable for this site.

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

The proposed development is defined as advertised development, and as such the application was advertised, and neighbours were notified for a period of 14 days. At the end of that period three submissions were received, as well as one late submission, as outlined below.

Submission 1 - residential neighbour

The following concerns were raised by a Bathurst Road residential neighbour:

· three high traffic businesses already exiting onto that section of Glenroi Avenue;

· Glenroi Avenue and Bathurst Road intersection is already very busy;

· already have two service stations nearby;

· noise impacts to residential properties; and

· additional traffic will make access to residential driveways more difficult.

Submission 2 - commercial owner

The following concerns were raised by a Glenroi commercial owner:

· that the submitted traffic assessment does not properly analyse traffic flows or demonstrate that the network has sufficient capacity for this development;

· existing traffic congestion at the intersection of Glenroi and Bathurst Road will be increased, where there are high existing volumes of traffic from the nearby uses (McDonalds, Red Rooster and Ophir Tavern), causing problems with turning and queuing;

· that parking on Glenroi Avenue limits visibility and availability for queuing at the intersection to turn out onto Bathurst Road; and

· visibility for turning traffic is poor.

Submission 3 - other

The following concerns were raised by a third objector:

· existing traffic congestion at the intersection of Glenroi and Bathurst Road will be increased, where there are difficulties and safety concerns for turning traffic, with no vehicle management at the intersection in place; and

· there are suitable alternative sites for this type of use.

Submission 4 - residential neighbour

A late submission was also received, and the following concerns were raised:

· Glenroi/Bathurst road intersection is already too busy with McDonalds and Red Rooster traffic, and adding another service station when there are already two nearby is adding to that busy traffic;

· adding another reason for cars to pull in and out of exits at this busy corner is a safety issue; and

· noise levels will increase, and night time squealing tyre noises are common, which will have an adverse impact on home value.

All objectors raise similar traffic concerns. Both the initial and subsequent Traffic Assessments submitted by the applicant were not considered sufficient, and further information was requested by the RMS to address concerns raised by themselves, and those raised by the objectors. As addressed throughout this report, all traffic concerns have been addressed through amendments to the proposal and conditions of consent.

In terms of impacts to residential amenity, the submitted Noise Impact Assessment concludes that tanker and truck deliveries, and forecourt noise emissions will meet the intrusive noise criteria both during daytime and night hours. The mechanical plant equipment will need to be selected and installed to ensure compliance with criteria set out for acceptable noise levels for residential properties. Frequencies and hours of deliveries are limited by way of conditions of consent to ensure residential amenity is not adversely impacted at night time. Council’s Manager Building and Environment concurs with these conclusions, and recommends a commissioning report to ensure compliance. As such, there will be no adverse noise impacts on surrounding residential neighbours.

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 Roads and Maritime Services, the Environmental Protection Authority, and Council’s City of Orange Traffic Development Committee, Manager Building and Environment, Manager City Presentation, Environmental Health and Building Surveyor, and the Engineering Development Section are included in the attached Notice of Approval.

Attachments

1 Notice of Approval, D15/40652 ⇩

2 Plans, D15/40866 ⇩

3 Submissions, D15/40592 ⇩

Planning and Development Committee 3 November 2015

2.2 Development Application DA 38/2015(1) - 90-92 Bathurst Road

Attachment 1 Notice of Approval

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ORANGE CITY COUNCIL

Development Application No DA 38/2015(1)

NA15/ Container PR1199

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	Isaac Property Developments
Applicant Address:	C/- KOC Pty Ltd PO Box 70 THE JUNCTION NSW 2291
Owner’s Name:	Isaac Property Developments Orange Pty Limited
Land to Be Developed:	Lot 1 Sec A DP 13435 and Lot 20 DP 1020706 – 90-92 Bathurst Road, Orange
Proposed Development:	Demolition (existing structures), Service Station and Signage

Building Code of Australia building classification:	As determined by Certifier

Determination
Made On:	3 November 2015
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	4 November 2015
Consent to Lapse On:	4 November 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) To ensure the utility services are available to the site and adequate for the development.

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

(7) To minimise the impact of development on the environment.

Conditions

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

(a) Drawings prepared by D + R Architects, referenced DA1.01A, 02A, 03A, 04N, 05B, 06C, and 07C (7 sheets);

Drawings prepared by Henry & Hymas Structural and Civil Engineers, referenced 14864_DA_C00-C05 and 14864_DA_SE01-02, and dated July 2014 (8 sheets);

Drawings prepared by Myros Design, referenced 2800-E50, E51 and F02, and dated December 2014 (3 sheets); and

Landscape drawings prepared by Elke Haege, referenced L_101 and L_501, and dated August 2014 (2 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.

DEMOLITION

PRIOR TO WORKS COMMENCING

(4) 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.

DURING CONSTRUCTION/SITEWORKS

(5) 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.

(6) Building demolition is to be carried out in accordance with Australian Standard 2601:2001 - The Demolition of Structures and the requirements of the NSW WorkCover Authority.

(7) Excavation adjacent to the road boundary is to be adequately shored to support the roadway and all improvements and services within the road reserve. Protective fencing is to be provided to ensure the safety of the public.

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

(9) Asbestos cement sheeting must be removed in accordance with the requirements of the WorkCover Authority.

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

(11) The water and sewerage services to the existing building, where they are not proposed to be used as part of this development, are to be sealed off at their respective Council mains.

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

SERVICE STATION

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(13) Full details of groundwater monitoring wells shall be submitted to, and approved, by Council’s Manager Development Assessments prior to the issuing of a Construction Certificate. Required details include results of hydraulic testing carried out on site, where and how the wells are to be installed, as well as their operational details. The approved monitoring wells must be installed and operated in accordance with approved details, to the satisfaction of Council’s Manager Development.

(14) Prior to the issue of a Construction Certificate, the Applicant shall prepare and submit to Council documentation to demonstrate compliance that the following studies have been undertaken:

(a) FIRE SAFETY STUDY

A Fire Safety Study for the development. This study shall cover the relevant aspects of the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 2, ‘Fire Safety Study Guidelines’ and the New South Wales Government’s ‘Best Practice Guidelines for Contaminated Water Retention and Treatment Systems’. The study shall meet the requirements of Fire and Rescue NSW.

(b) HAZARD AND OPERABILITY STUDY

A Hazard and Operability Study for the development, chaired by an independent qualified person. The study shall be consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 8, ‘HAZOP Guidelines’.

A Final Hazard Analysis of the development, consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 6, ‘Hazard Analysis’.

(d) CONSTRUCTION SAFETY STUDY

A Construction Safety Study, consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 7, ‘Construction Safety’.

(15) 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.

(16) 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.

(17) 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.

(18) 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.

(19) 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.

(20) The existing 150mm-diameter sewer main is to be relined from boundary to boundary and a new sewer junction constructed clear of the proposed building. Orange City Council is to approve engineering plans for this work and payment is to be made to Council for the works prior to issuing a Construction Certificate.

(21) 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 0.7 ETs 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.

(22) All stormwater from the site is to be collected and treated prior to discharge to the stormwater drainage system in Bathurst Road. The design and construction of the stormwater treatment system for the subject land shall ensure that the quality of stormwater leaving the developed site achieves 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.

(23) A copy of a Works Authorisation Deed from the Roads and Traffic Authority for the proposed work on Main Road 61 (The Escort Way) is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate.

(24) 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.

PRIOR TO WORKS COMMENCING

(25) 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.

(26) 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.

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

DURING CONSTRUCTION/SITEWORKS

(28) 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.

(29) 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".

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

(31) 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.

(32) 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.

(33) The existing kerb and gutter laybacks that are not proposed to be used are to be replaced with standard concrete kerb and gutter and the adjacent concrete and bitumen footpaths reinstated to the requirements in the Orange City Council Development and Subdivision Code.

(34) 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.

(35) The existing 150mm diameter sewer main that crosses the site is to be accurately located. Where the main is positioned under any proposed building work, measures are to be taken in accordance with Orange City Council Policy - Building over and/or adjacent to sewers ST009.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(36) Landscaping shall be installed in accordance with the approved plans, with the exception of the screen planting between the building and rear south-western boundary, which shall be amended to species which grow to approximately 2m in height and are tolerant of limited direct sunlight. The landscaping shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

(37) Prior to the issuing of an Occupational Certificate, the Applicant shall submit to Council documentation demonstrating that the following plans and systems have been developed and implemented:

(a) TRANSPORT OF HAZARDOUS MATERIALS

Arrangements covering the transport of hazardous materials including details of routes to be used for the movement of vehicles carrying hazardous materials to or from the development. The routes selected shall be consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 11, ‘Route Selection’. Suitable routes identified in the study shall be used except where departures are necessary for local deliveries or emergencies.

(b) EMERGENCY PLAN

A comprehensive Emergency Plan and detailed emergency procedures for the development. The plan shall be consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 1, ‘Emergency Planning’.

A comprehensive Safety Management System, covering all on-site operations and associated transport activities involving hazardous materials. The Safety Management System shall be consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 9, ‘Safety Management’.

(38) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

(39) 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.

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

(41) An easement, to drain sewage and to provide Council access for maintenance of sewerage works, a minimum of 2.0 metres wide is to be created over the proposed sewerage works. Evidence that the easement has been registered is to be submitted to the Principal Certifying Authority prior to issuing of an Occupation Certificate.

(42) 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.

(43) 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.

(44) 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.

(45) Prior to the issuing of an Occupation Certificate, a “No Stopping” zone shall be created on the road shoulder adjoining the westbound Bathurst Road travel lane between the intersection of Bathurst Road and Glenroi Avenue and the proposed Bathurst Road access driveway. Works shall be carried out by the developer, or by the Council at the cost of the developer.

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(47) The development shall be carried out in accordance with the Plan of Management dated February 2015.

(48) Recommendations of the SLR DA Noise Impact Assessment Report, dated 16 December 2014, shall be implemented both at the design phase of the development (in terms of selection of plant and equipment) and during the operation of the development.

(49) In accordance with the SLR DA Noise Impact Assessment Report, dated 16 December 2014, deliveries shall be limited as follows:

· Truck deliveries and servicing (waste collection, fresh food, dry goods, etc.) are limited to occur during daytime and evening periods only, that is 7.00am to 10.00pm; and

· Fuel tankers delivery is to be scheduled to one (1) delivery at any time during a single 24 hour period, and outside of normal peak customer periods.

(50) The development shall be carried out, both in design and construction phase, and during operation, in accordance with the Multi-Level Risk Assessment and Preliminary Hazards Analysis, prepared by Myros Design, and dated 12 December 2014; as well as in accordance with any subsequent study and analysis prepared in relation to these (including, but not limited to, Fire Safety Study, Hazard and Operability Study, Final Hazard Analysis, Construction Safety Study, Transport of Hazardous Materials, Emergency Plan, and Safety Management System).

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

(52) The applicant shall obtain a Commissioning Report which assesses actual noise emissions from all operations of the development within 3 months of the issue of an Occupation Certificate. Where the report requires additional noise attenuation works to be carried out, these works shall be undertaken within 28 days from the date of the Commissioning Report.

(53) The applicant shall provide Council with a copy of the Commissioning Report and certification that the development complies with the NSW State Industrial Noise Policy within four (4) months from the issue of an Occupation Certificate.

(54) Twelve (12) months after the commencement of operations of the development, and every three (3) years thereafter, the Applicant shall carry out a comprehensive Hazard Audit of the proposed development consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 5, ‘Hazard Audit Guidelines’. The audit shall be carried out by a qualified person or team, independent of the development. Compliance documentation shall be submitted to the Council within 28 days from the date of the audit.

(55) The signage approved by this application is to be in accordance with the Department of Planning and Environment’s Transport Corridor Outdoor Advertising and Signage Guidelines 2007, and is not to flash, move or be objectionably glaring or luminous. This also applies to the scrolling sign, which must be stationary. All signage is restricted to ‘business identification signage’ only, as defined in the Orange LEP 2011 (as amended) and State Environmental Planning Policy 64 – Advertising and Signage, with the exception of the fuel prices on the pylon sign as required by NSW Fair Trading. As such, no sign is permitted to display any advertising relating to a person or company that does not carry on business at the premises.

(56) Any ancillary light fittings fitted to the exterior of the building, the canopy, and signage are to be shielded or mounted in a position to minimise glare to adjoining properties.

(57) 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.

(58) Copies of maintenance records for servicing of the stormwater treatment system (spel-puracepter) and bio retention basin shall be forwarded to Council on 1 December annually.

CONDITIONS OF CONCURRENCE FROM ROADS AND MARITIME SERVICES

(59) All access to the land from Bathurst Road and Glenroi Avenue is to be left in/left out only. All vehicle movements to and from the land are to be in a forward direction.

(60) A concrete median designed and constructed in accordance with Parts 3 and 4A of Austroads Guide to Road Design and generally in accordance with the submitted plan (Drawing number 14864_DA_C05), is to be provided in Bathurst Road prior to the issuance of an Occupation Certificate. The concrete median is to be a minimum 300 millimetres wide. The right turn lane and the east and west bound highway through lanes are to maintain a minimum width of three (3) metres.

(61) The concrete median in Bathurst Road is to be lit in accordance with Australian Standard 1158.

(62) A concrete median is to be provided in Glenroi Avenue in accordance with the submitted plans, to prevent in and out right turns, prior to the issuance of an Occupation Certificate. The median is to extend in Glenroi Avenue from the subject land’s front property boundary line to past the proposed Glenroi Avenue driveway. A double barrier line is to be painted on Glenroi Avenue from its intersection with Bathurst Road to south of the McDonalds Restaurant driveway.

(63) A formal agreement in the form of a Works Authorisation Deed (WAD) will be required between the developer and Roads and Maritime for the developer to undertake “private financing and construction” of any works on Bathurst Road. This agreement is necessary for works in which Roads and Maritime has a statutory interest. The WAD is to be executed prior to issuance of a Construction Certificate.

(64) Prior to the commencement of construction works, the proponent is to contact Roads and Maritime’s Traffic Operations Manager to determine if a Road Occupancy Licence (ROL) is required. In the event that an ROL is required, the proponent will obtain the ROL prior to works commencing within three (3) metres of the travel lanes in Bathurst Road.

(65) The entry and exit driveways are to be constructed in accordance with the submitted plans and finished with concrete. Driveways are to be designed to provide good sight lines between pedestrians and motorists, match road levels and not interfere with road drainage.

(66) Size “B” “Left Only” (r2-14) signs are to be erected to the left of the exit side of the Bathurst Road and Glenroi Avenue driveways prior to the issuance of an Occupation Certificate. The signs are to face the site to advise motorists that all egress from the site is left turn only.

(67) The painted pavement arrows proposed on the site to direct motorists to exit the site onto Bathurst Road and Glenroi Avenue are to curve to the left to reinforce to motorists that exit from the site is by left turn only.

(68) All entry/exit points onto/from the public road network, internal vehicular manoeuvring, parking and loading areas are to be constructed in accordance with the submitted plans prior to the issuance of an Occupation Certificate for the development.

(69) Prior to the issuance of an Occupation Certificate for the development, signage on the site facing the highway and Glenroi Avenue is to be installed displaying “NO FUELING OF VEHICLES OVER 12.5 METRES LONG”.

(70) Prior to the issuance of an Occupation Certificate, redundant kerb layback crossing accesses in Bathurst Road and Glenroi Avenue servicing the land, are to be removed and replaced with kerb and gutter to match existing kerb and gutter.

(71) Adequate turning circles, storage room and vertical clearance is to be provided in the site for the largest type of vehicle (19 metre articulated vehicle) that will visit the site during construction and operation. Fuel delivery vehicles are restricted to vehicles 19 metres or less in length.

(72) All activities including loading and unloading of goods associated with the development are to be carried out on site in the dedicated areas.

(73) Landscaping, signage and fencing is not to impede sight lines of traffic within or when passing, entering or departing from the site. Safe Intersection Sight Distance (SISD) is to be provided and maintained in both directions at the intersection of the driveways with Bathurst Road and Glenroi Avenue. For a 50km/h speed zone, SISD is 100 metres.

GENERAL TERMS OF APPROVAL FROM NSW ENVIRONMENTAL PROTECTION AUTHORITY

Number	Condition
1	The development must comply with Part 2, Division 1, Clauses 5-8 of the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014, which sets out the design, installation, equipping and testing requirements prior to the commissioning of the underground petroleum storage system (UPSS). Appropriate documentation demonstrating compliance with this part of the Regulation shall be submitted to Council prior to the commissioning of the UPSS.
2	The development must comply with Part 3, Clauses 16-18 of the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014, which sets out secondary leak detection requirements for any UPSS. Appropriate documentation demonstrating compliance with this part of the Regulation shall be submitted to Council prior to the commissioning of the UPSS.
3	The development must have an Environmental Protection Plan in place which complies with Part 4, Clause 19 of the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014, which sets out secondary leak detection requirements for any UPSS. Appropriate documentation demonstrating compliance with this part of the Regulation shall be submitted to Council prior to the commissioning of the UPSS.

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:	4 November 2015

Planning and Development Committee 3 November 2015

2.3 Development Application DA 255/2015(1) - 12 Leewood Drive

TRIM REFERENCE: 2015/2839

AUTHOR: Michael Glenn, Senior Planner

EXECUTIVE Summary

Application lodged	10 August 2015
Applicant/s	Inland Truck Centres
Owner/s	Rakara Holdings Pty Limited
Land description	Lot 52 DP 255071 - 12 Leewood Drive, Orange
Proposed land use	Vehicle Sales or Hire Premises and Signage
Value of proposed development	$300,000

Council's consent is sought to convert the existing premises to a vehicle sales and hire premises. Associated signage is also proposed as part of the proposed development.

There is no dispute that the proposed development has benefits and should be approved. However, the application as submitted unnecessarily contradicts certain provisions of Council’s Development Control Plan (DCP) 2004. The amount of car parking greatly exceeds that required under the DCP, and the landscape setbacks do not comply with the minimum requirements of the DCP. There is no obvious planning related reason for this non-compliance, and it will lead to the loss of significant landscaping from the site. There are some areas of non-compliance with regard to the proposed signs under State Environmental Planning Policy 64 (the SEPP), that have the effect of prohibiting the development if left unaltered, however these non-compliance aspects can be addressed by conditions.

The need for exposure of vehicles to promote the premises as a sales point is, however, acknowledged; and for this reason it is considered appropriate to allow the front landscape setback to adopt a give-and-take approach. The conifers on the eastern side of the driveway are considered the least significant visual elements of the site, and their removal is not opposed. However, on the western side of the frontage it is considered appropriate to require the existing landscape strip of approximately 5m around the existing mature vegetation, but allow incursions where no significant vegetation is affected.

The application is recommended for approval, subject to conditions that reflect the above parameters.

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 255/2015(1) for Vehicle Sales or Hire Premises and Signage at Lot 52 DP 255071 - 12 Leewood Drive, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE APPLICATION

Council's consent is sought for a vehicle sales or hire premises and signage at Lot 52 DP 255071 - 12 Leewood Drive, Orange.

THE PROPOSAL

The proposal involves the following works:

· Internal building alterations and additions to provide a small showroom and office and administration areas.

· Minor external building alterations including new shopfront glazing and an awning to identify the main entrance to the building.

· Site works including new hardstand vehicle display areas, parking areas, extensive tree removals and minimal landscaping replacement. The replacement landscaping does not comply with DCP requirements and new fencing. The parking requirements exceed DCP requirements by a considerable margin.

· Establishment of signage for the business, being a mix of wall advertisements (both business identification signage and general advertising), and a free standing pylon sign.

· Removal of significant vegetation from the site

The proposed development represents permissible development in the IN1 General Industrial zone.

MATTERS FOR CONSIDERATION

Section 5A Assessment

This section includes a requirement to consider any adopted assessment guidelines, which means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995. Assessment guidelines are in force (see DECC-W “Threatened Species Assessment Guidelines - The Assessment of Significance”) which requires consent authority to adopt the precautionary principle in its assessment.

In this instance, site inspection reveals the subject property has low 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,

(c) to conserve and enhance the water resources on which Orange depends, particularly water supply catchments,

In relation to (a), the configuration of the proposed development is not considered entirely consistent with this objective in that the impacts on the visual quality and amenity of the area would be significantly detrimental due to the complete loss of mature vegetation from the site. This plan objective is general, but is aimed at maintaining diversity and amenity, with an emphasis on visual amenity and character. In the form submitted, the proposed development is likely to significantly affect visual character and amenity of the locality.

In relation to (b), the proposed development is considered to be relatively neutral. It will provide certain employment and commercial opportunities on the one hand, however the site activities are essentially a re-use of existing buildings within an established industrial area of the City.

In relation to (c), the proposed development is not expected to have significant effect.

Clause 1.6 - Consent Authority

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

This clause provides that covenants, agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions.

· covenants imposed or required by Council

· prescribed instruments under Section 183A of the Crown Lands Act 1989

· any conservation agreement under the National Parks and Wildlife Act 1974

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

· any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

· any planning agreement under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

Council staff are not aware of the title of the subject property being affected by any of the above.

Mapping

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

Land Zoning Map:	Land zoned IN1 General Industrial
Lot Size Map:	Minimum Lot Size 3000m²
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:	Not 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 IN1 General Industrial zone. The proposed development is best defined as "vehicle sales or hire premises" and "signage" under the relevant planning controls.

Vehicle sales or hire premises is defined under the LEP as:

a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Vehicle sales and hire premises and signage are permissible with consent from Council in the IN1 General Industrial zone

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned IN1 General Industrial are as follows:

1 - Objectives of the IN1 General Industrial Zone

· To provide a wide range of industrial and warehouse land uses.

· To encourage employment opportunities.

· To minimise any adverse effect of industry on other land uses.

· To support and protect industrial land for industrial uses.

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

In relation to the first dot point the proponent is seeking approval for a use that is consistent with the zoning of the land. In relation to the second dot point, the proposed development is likely to lead to some employment opportunities associated with the new use. In relation to the third dot point, there are no adverse effects arising for other land uses. Surrounding development is predominantly industrial style development. There are significant impacts on visual character and amenity, however these are not considered to be land uses in the traditional sense. In relation to the fourth dot point, the proposed development is compatible with the surrounding industrial land use patterns. In relation to the fifth dot point, the proposed development will not have any direct impact.

Part 7 - Additional Local Provisions

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

The proposal has been designed to include permeable surfaces and includes onsite retention of stormwater.

7.6 - Groundwater Vulnerability

(b) the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

Furthermore consent may not be granted unless Council is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact,

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The design and siting of the proposal avoids impacts on groundwater and is therefore considered acceptable.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 64 - Advertising and Signage

State Environmental Planning Policy 64 - Advertising and Signage applies to the subject development (the SEPP). The SEPP aims to ensure that outdoor advertising is compatible with the desired amenity and visual character of an area, provides effective communication in suitable locations and is of high quality design and finish.

It is proposed to construct the following signs on the subject property:

1 Three illuminated flush wall signs erected to the front of the building as depicted in the following drawing:

Figure 1 – flush mounted signs on the northern wall of the main building

For the purposes of definition, these constitute a business identification sign (the 'Inland Truck Centre" wordmark), and two advertisements (being the "Kenworth" and "DAF" wordmarks).

2 Freestanding 6m high pylon sign in the north-eastern corner of the site:

Figure 2 - freestanding pylon sign

The positioning of this sign is shown below:

Figure 3 - location of proposed pylon sign

It is noted that in Leewood Drive generally there are only two known examples of pylon signs higher than 4m in height that appear to have Council approval. The proposed pylon sign would represent a new precedent in terms of sign height and bulk as compared to the existing character of the street.

The proposed pylon sign within the landscaped area adjacent to Leewood Drive is inconsistent with the theme of signage within the locality. As indicated above, there are few examples of approved pylon signs along this length of Leewood Drive, and it is considered that the height of the proposed pylon sign is excessive. To address this issue it is considered appropriate to impose a condition that limits the height of the pylon sign to a maximum of 4.5m. Limiting the signage to this height will bring the proposed sign into a more compatible scale with other existing signs in the street. A condition is included that limits the height of this sign accordingly.

3 - Aims, Objectives etc

(1) This Policy aims:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

(b) to regulate signage (but not content) under Part 4 of the Act, and

(c) to provide time-limited consents for the display of certain advertisements, and

(d) to regulate the display of advertisements in transport corridors, and

(e) to ensure that public benefits may be derived from advertising in and adjacent to transport corridors.

(2) This Policy does not regulate the content of signage and does not require consent for a change in the content of signage.

Subject to the condition specified, the proposed development is not inconsistent with the aims and objectives of the policy.

6 - Signage to Which this Policy Applies

(1) This Policy applies to all signage:

(a) that, under another environmental planning instrument that applies to the signage, can be displayed with or without development consent, and

(b) is visible from any public place or public reserve,

except as provided by this Policy

The proposed development includes signage that is of a type that requires development consent.

8 - Granting of Consent to Signage

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1)(a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

The proposal satisfies the assessment criteria outlined within Schedule 1. The proposed signs are a mix of general advertising and business identification signs. As such, the proposed development triggers a need for a more general assessment under the policy.

11- Requirement for Consent

This clause establishes a need for consent for general advertising of the kind proposed in this application

13 - Matters for Consideration

(1) A consent authority (other than in a case to which subclause (2) applies) must not grant consent to an application to display an advertisement to which this Policy applies unless the advertisement or the advertising structure, as the case requires:

(a) is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and

(b) has been assessed by the consent authority in accordance with the assessment criteria in Schedule 1 and the consent authority is satisfied that the proposal is acceptable in terms of its impacts, and

(c) satisfies any other relevant requirements of this Policy.

In relation to 13(1)(a), it is considered that as submitted the proposed pylon sign does not satisfy the criteria set down in Schedule 1. The issue is the adverse effects the sign is likely to generate in terms of visual character and amenity. It is considered that the shortcomings of this sign can be addressed by the simple expedient of lowering it.

14 - Duration of Consents

(1) A consent granted under this Part ceases to be in force:

(a) on the expiration of 15 years after the date on which the consent becomes effective and operates in accordance with section 83 of the Act

A condition is included limiting the consent to the specified 15 years under the SEPP. Provisions remain in the SEPP that allow under certain circumstances a shorter duration for consents, however such pre-requisites are not applicable in this case.

22 - Wall Advertisements

(1) Only one wall advertisement may be displayed per building elevation.

A condition is included that specifies no consent for the wall advertisements for "Kenworth" and "DAF" as neither of these sign elements are permissible under the SEPP.

(2) The consent authority may grant consent to a wall advertisement only if:

(a) the consent authority is satisfied that the advertisement is integrated with the design of the building on which it is to be displayed, and

The proposed wall mounted signs are integrated with the architecture of the building to the extent that they do not result in any unsightly protrusions from the building and generally follow the form and outline of the building.

(b) for a building having:

(i) an above ground elevation of 200 square metres or more - the advertisement does not exceed 10% of the above ground elevation,

The front elevation of the building has an area of approximately 260m², and the proposed advertisement has an area of almost exactly 26m². This suggests that the size of the proposed wall sign is compliant with this development standard.

(c) the advertisement does not protrude more than 300 millimetres from the wall, unless occupational health and safety standards require a greater protrusion, and

The proposed wall signs comply with this requirement.

(d) the advertisement does not protrude above the parapet or eaves, and

The proposed wall advertisements do not protrude above any of the parapet or eave lines of the building.

(e) the advertisement does not extend over a window or other opening, and

(f) the advertisement does not obscure significant architectural elements of the building,

The proposed wall advertisement does not obstruct any windows or openings of the building, or any significant architectural features.

(g) a building identification sign or business identification sign is not displayed on the building elevation.

The application insofar as it relates to the proposed wall advertisements is contrary to both clause 22(1) (maximum of one wall advertisement per elevation), and clause 22(2)(g) (building identification signs are not permissible on walls where general advertising is displayed). To address this area of non-compliance, the attached consent includes a condition that excludes the general advertising for the front wall (the "Kenworth" and "DAF" wordmark components). Such a condition will achieve permissibility for the proposed development.

23 - Freestanding Advertisements

The proposed pylon sign is consistent with the definition of a 'free standing sign" and is subject to assessment under this clause.

(1) The consent authority may grant consent to the display of a freestanding advertisement only if the advertising structure on which the advertisement is displayed does not protrude above the dominant skyline, including any buildings, structures or tree canopies, when viewed from ground level within a visual catchment of 1 kilometre.

The proposed sign is lower than the adjacent buildings, but in terms of the vegetation, which is considered the dominant element of the streetscape, the removal of nearly all trees from the frontage as currently proposed would render the signage the dominant influence in the site presentation, and significantly detract from the ambience and amenity of the locality. To a degree, advertising exposure is accepted as a necessary element of commercialisation of the area. However, where possible, such impacts as are likely to arise should be undertaken in balance with the preservation of a reasonable streetscape.

It is considered that in this case a reasonable balance can be achieved by allowing the removal of the conifers from the eastern side of the frontage. This will yield some visual exposure for both the trucks on display, and allow the signage to be displayed with some reasonable level of commercial exposure. However, the retention of the mature trees on the western side of the site, whilst allowing reasonable commercial exposure of the site and its advertising structures, will maintain a semblance of amenity and garden setting, for which the Leewood industrial estate was designed.

Schedule 1 Assessment criteria

1 - Character of the Area

· Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

As previously mentioned in this report, the Leewood industrial estate was developed more than 30 years ago as a garden industrial estate. Further, notwithstanding its industrial land uses, it does not suffer a wide proliferation of signs of the height and intrusiveness that would occur with this proposal. It is considered that the most significant intrusive element of the signage scheme is the height of the proposed pylon sign. Given its proximity to the front boundary and the absence of similar 6m high pylon signs of similar scale elsewhere in the street, it considered appropriate to limit the height of this structure to a maximum of 4.5m. Limiting the height of the sign structure will limit the intrusive effects of the sign, whilst still permitting a reasonable level of commercial exposure.

· Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

Leewood Estate does not exhibit a particular design theme in terms of its signage other than the instances of freestanding signs are less frequent and the height of those signs more restrained that might be assumed.

2 - Special Areas

When considered in conjunction with the other environmental element of the proposed development, namely the removal of all the trees from across the site frontage, it is considered that the impacts on amenity and character would be significantly adverse.

This report contains two amending elements designed to reduce those impacts to satisfactory level: some of the tree cover across the frontage to be retained and a modest reduction in height for the proposed pylon sign. It is considered that these amendments can be achieved as conditions of consent, and if implemented will render a satisfactory impact on amenity and character.

3 - Views and Vistas

· Does the proposal obscure or compromise important views?

There are no significant views affected by the proposed development. A significant view in a planning assessment is generally vision of a landmark or feature of something exceptional. Under DCP 2004, significant views are considered to be limited to Mt Canobolas and certain mountain areas to the north and northeast. There is no obstruction arising from the proposed development on any of those features.

· Does the proposal dominate the skyline and reduce the quality of vistas?

The vista of this part of Leewood drive is characterised by mature and attractive landscape elements, restrained signage schemes and generous setbacks. These characteristics establish a dominance and calming effect on the street that is in other respects chaotic at times. Certain elements of the overall proposal, namely the height of the pylon sign coupled with the proposed removal of all frontage landscaping, would work to detract from those calming elements of the streetscape, but can be addressed with conditions to control the height of the pylon sign and retain some elements of the landscaping.

· Does the proposal respect the viewing rights of other advertisers?

There are no advertisers affected by the proposed development.

4 - Streetscape, Setting or Landscape

The following is an image of the proposed pylon sign superimposed on an existing street view:

street view montage

Figure 4 - pylon sign montage

The detail of this sign is as follows:

Figure 5 - pylon sign detail

The SEPP sets the following assessment criteria that are relevant to the assessment of this element of the proposed development, as set out in Clause 4 of the schedule:

· Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

In the form submitted and taking into account the other elements of the proposed development (ie the proposed comprehensive tree removal), it cannot be concluded that the proposed signage in its current form has an appropriate scale, proportion, and form. Moreover, such adverse effects on streetscape are considered to be potentially significant. The optimal response in terms of streetscape impact would be to eliminate the pylon sign and retain most or all of the trees at the frontage. However, this approach would not take into account the other matters of commercial exposure that the applicant states is important (and for which consideration should be given as an objective of the LEP). It is considered a reasonable compromise to restrict the height of the sign to 4.5m (a 25% reduction in scale for this sign), and to require the retention of the trees on the western side of the frontage of the site, as elsewhere stated in this report.

· Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

It is considered that in the form submitted the proposed development detracts from the visual amenity of the street. As a generalisation, landscaping is considered a beneficial element to the ambience and appeal of a given streetscape. Signs are generally accepted as having a detrimental impact on the value and appeal of a given streetscape, but do form part of the commercial and industrial landscape.

What is an appropriate scale and impact for a given sign is generally taken from the scale, density and heights of other signs that exist in a given locality. Signs that out of scale and have a dominant effect on the streetscape are generally not a positive influence on the quality of the streetscape.

· Does the proposal reduce clutter by rationalising and simplifying existing advertising?

The proposed development is generally neutral from the standpoint of this head of consideration. It cannot be considered a rationalisation of the site signage, rather a change and intensification of the signage impact.

· Does the proposal screen unsightliness?

The proposed has no effect in this respect.

· Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

The configuration of the proposed development as submitted is such that the proposed pylon sign would protrude above the tree canopy because it is also proposed to remove the tree canopy from the frontage of the site.

· Does the proposal require ongoing vegetation management?

The proposed development as modified by the conditions of consent would require the retention of a degree of the existing landscaping at the frontage of the site, however the resources needed for such management are not considered excessive or unreasonable.

It the applicant’s request was fully implemented, vegetation management of a similar scale and nature would still be required for this site.

5 - Site and Building

· Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

The wall mounted signage is considered compatible, but the pylon sign is considered to be excessive in its impact due to its height and the proposed vegetation removal.

· Does the proposal respect important features of the site or building, or both?

The proposed wall advertisements are considered to be consistent with this matter for consideration, but the pylon sign in the form submitted is inconsistent with this planning outcome.

· Does the proposal show innovation and imagination in its relationship to the site or building, or both?

The proposed development is unremarkable with regard to its design innovation and imagination.

6 - Associated Devices and Logos with Advertisements and Advertising Structures

· Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

There is no use of commonly identified devices or logos of this form incorporated into the proposed sign messaging.

7 - Illumination

The proposed signage is proposed to be illuminated and therefore this clause has relevance to the assessment.

· Would illumination result in unacceptable glare?

There are no standards attached to this matter for consideration, however it is noted that there are no dwellings in proximity to the subject property. Whilst it is expected the glare will be considerable, it is also considered that significant adverse impact is unlikely to arise as a result of that effect.

· Would illumination affect safety for pedestrians, vehicles or aircraft?

This is considered an unlikely impact from the proposed development.

· Would illumination detract from the amenity of any residence or other form of accommodation?

Residences are not in proximity to the subject property. It is considered unlikely that there would be adverse effects arising from the signs being illuminated in this regard.

· Can the intensity of the illumination be adjusted, if necessary?

This provision of the SEPP is suggestive of the fitting of time clocks to the illumination apparatus on the signs. Such devices can be used in situations where illuminated signage is proposed within or in close proximity to residential precincts. In this case the signs are not in close proximity to a residential precinct.

· Is the illumination subject to a curfew?

There are no curfews in place, and none are proposed or considered necessary.

8 - Safety

· Would the proposal reduce the safety for any public road?

· Would the proposal reduce the safety for pedestrians or bicyclists?

· Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

The proposed signs do not pose any significant, unusual or unacceptable safety risks.

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 9). 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 4 (Light Industry) (Orange LEP 2000) is zone IN1 General Industry (Orange LEP 2011). As such, Orange DCP 2004 - Chapter 9 is relevant to this proposal. The provisions of Part 9 are considered below.

Industrial Site Development

· Buildings are set back a minimum of 10 metres from front boundaries (5 metres to a secondary boundary on a corner lot) for lots greater than 1,000m2 or 5 metres for lots less than 1,000m2 or otherwise to a setback consistent with existing setbacks in established areas. A 10m setback applies to lots that have frontage to Clergate Road.

The proposed development is a re-use and refurbishment of an existing building. Existing building setbacks would be unaffected by the proposed development.

· Buildings cover up to 50% of the site area (excluding the area of accessways for battleaxe lots).

There are no changes proposed for building setbacks under this application.

· Landscaping is provided along boundaries fronting roads including trees with an expected mature height at least comparable to the height of buildings on the site. All sites contain an element of landscaping. Landscaping provided is of a bulk, scale and height relative to buildings nearest the front property boundary so as to provide beautification and visual relief to the built form proposed or existing on the site. The depth of the landscape bed at the site frontage is sufficient to accommodate the spread of plantings that meet the abovementioned outcomes but, where practicable, a minimum depth of 3.5m is provided. Plantings are designed to provide shade for parking areas, to break up large areas of bitumen, to enhance building preservation and to screen against noise.

The application as submitted is proposing to remove the existing significant landscaping and reduce the landscape buffer at the front of the site to 2m or less. In effect, no landscaping is proposed for the frontage of the site. The justification for the variation and vegetation removal is provided in the applicants Statement of Environmental Effects as:

The proposal will require a reduction in the width of the landscaping that is presently established along the frontage of the site. As indicated in the submitted site plan, the existing trees and landscaping along the frontage would require removal and the new landscape bed would be reduced to a width of 2 metres. This is required to provide sufficient area at the front of the site for the external display of trucks for sale.

Council’s DCP encourages landscape beds to have a width of 3.5 metres “where practicable”. It is submitted that a 3.5 metre wide bed is not practical in the circumstances and it is requested that Council accept the proposal as submitted.

The effective exposure and display of vehicles for sale is central to the needs of a vehicle sales premises. The existing landscaping (and indeed a 3.5 metre wide landscape bed) would be contrary to this need.

The applicant’s submission is not fully supported in this instance. The retention of the existing landscaping, at least on the western side of the frontage as being "not practicable" is based on the provision of parking not needed to meet Council parking requirements (as is outlined elsewhere in this report). Parking provided as per Council standards would enable the truck display area on the western side of the site to be set back and allow the retention of the two mature trees planted in that area. Planter beds of between 4-6m are required to retain these trees.

On the eastern side of the driveway into the site there are ten conifers which will be required to be removed, and such removal is not opposed. A variation to the landscape widths is not opposed on this part of the site.

It is considered a reasonable balance between the commercial considerations of the applicant and the preservation of visual amenity for the locality to allow the removal of the conifers located on the eastern side of the internal driveway, and to require retention of the landscaping that exists on the western side of the driveway. Conditions to that effect are included in the consent.

· Architectural features are provided to the front building façade to provide relief using such elements as verandahs, display windows, indented walls, etc.

There are no significant changes proposed to the front façade of the building.

· External materials consist of non-reflective materials.

Not relevant to this proposal.

· Adequate parking and onsite manoeuvring is provided.

The building as approved under DA 159/1987 permitted the construction of a warehouse building with a gross floor area of 1220m². Fifteen (15) off-street car parking spaces were required under this consent.

In 2007 Council received a further development application for the subject property in which approval was granted to carry out alterations and additions to the subject property, described in the development consent as alterations and additions to an industrial building. The planning report noted at the time that "existing parking arrangements were appropriate to the needs of the new tenant, Pinnacle Drilling”. Of the 36 spaces shown on the approved plan, not more than 26 were ever actually provided.

The current application seeks consent for a vehicle sales or hire premises. The applicable rate of parking under the DCP is 1 space per 100m² of site area, plus three spaces for every work bay for vehicle servicing, with such spaces exclusive of cars displayed for sale.

There are six work bays proposed under this application (plus a seventh service entry), generating a requirement for 18 spaces. The vehicle display area is 535m² (it is considered unnecessary to include those parts of the site not actually used for motor vehicle display in the parking demand calculations), generating a demand for parking of 5.35 spaces. The overall calculated demand for parking under Council's DCP is 23.35 spaces, rounded out to 24 spaces.

The proposed development provides for 21 existing spaces and a further seven new spaces in front of the building. Given the large and expensive nature of the vehicles proposed, it is considered that a car parking rate of 21 spaces (ie rounding the fraction down) is sufficient to meet the demands of the site. The new spaces in front of the building are not considered necessary to meet the actual demands generated by the proposed use and have definite adverse effects in that their provision pushes the display area for trucks on the western side of the site further forward, such that significant landscape elements and landscape buffer requirements of the DCP are not met. It is considered that the seven spaces (numbered 7 through to 15 inclusive) are not required, and in non-related areas generate excessive adverse effects on the site because their inclusion forces or makes necessary the removal of significant landscaping from the site.

In regards to manoeuvring, there is sufficient room to allow car turning on the site, but not sufficient room to allow truck turnaround on the site in a single manoeuvre. However, it is noted that this is a continuation of the existing situation for the site. Arrangements exist, and will continue to be so, for prime mover vehicles and rigid trucks to turn around at the rear of the site, in either a single turning manoeuvre or a three-point turn. For a semi-articulated vehicle with trailer attached it would be difficult to turn the vehicle around on the site, although not impossible.

Such limitations on the manoeuvring on the site are a continuation of the existing site constraints. It is not an ideal situation, but given the traffic conditions in the locality, a continuation of existing arrangements is considered satisfactory.

· Advertising involves business-identification signs within the front façade and/or by a pole sign comparable to the relative height to the main building on the site.

This issue has been assessed elsewhere in the report.

· Security fencing is located or designed in a manner that does not dominate the visual setting of the area.

A 2100mm metal palisade fence is proposed incorporating a 600mm high brick dwarf wall. This will replace the existing chain wire mesh fence of similar height currently erected on the property.

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 involves a change of building use for an existing building. Council is satisfied that the fire protection and structural capacity of the building are appropriate for the proposed new building use. Relevant conditions are attached.

Buildings to be Upgraded (clause 94)

Upgrading of the building will be required to ensure that the existing building is brought into partial or total conformity with the Building Code of Australia. Conditions are attached in relation to the required upgrading works.

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

Visual Impacts

As submitted, the proposed development would have a significant adverse effect on the visual amenity and character of the locality and would provide parking on the site. The excess parking is not an issue of itself, however it does generate a need to clear parts of the site of its attractive and significant landscaping. Such parking is not necessary and generates adverse effects on the visual quality.

There are also adverse effects on the visual amenity and character of the area as a result of the proposed signage, or more specifically the height of the proposed pylon sign.

Both these elements of the proposed development are relatively easy to address by minor changes to the basic proposal. Specifically, conditions are included requiring the lowering of the pylon sign by 1.5m, reducing the parking provision to that required under the DCP and the retention of the existing landscaping along the frontage on the western side of the entrance gates. The applicant is not agreeable to these conditions, however they are relatively simple and minor changes that will address the principal concerns about this application.

Noise

The subject property is located in the centre of an existing industrial estate and predicted noise intensity from this development type is within guidance criteria identified in Council's previous noise assessment of the Leewood industrial estate. Therefore, it is considered that the proposed development would comply with the NSW Industrial Noise Policy.

A precautionary condition is attached to the consent requiring the emitted noise from the development to not exceed 5dB(A) above background noise measured from any affected nearby residence.

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

The site is considered to be generally suitable for the proposed development.

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

The proposed development in the form submitted is not permissible, in that the proposed signs are not fully compliant to SEPP-64. This problem can be addressed by conditions, in which the signs that are not permissible are not included in the consent.

In addition to the permissibility issue, there are aspects of the proposed development that on merit are considered unsatisfactory. The proposed 6m high pylon sign is considered an excessive adverse effect on the visual amenity and character of the locality, as is the proposed removal and subsequent non-compliance with the landscape requirements of the DCP. These are considered serious effects, and avoidable, given the excess of parking the applicant is proposing. Conditions are included that rationalise the amount of parking, and as a follow on consequence of that rationalisation, require the retention of some of the landscaping on the western side of the frontage. Other landscaping of the site is approved for removal as per the applicant’s proposal. Subject to conditions, 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, D15/40895 ⇩

2 Plans, D15/41030 ⇩

Planning and Development Committee 3 November 2015

2.4 Development Application DA 319/2015(1) - 1 Summer Street

TRIM REFERENCE: 2015/2769

AUTHOR: Daniel Drum, Town Planner

EXECUTIVE Summary

Application lodged	15 September 2015
Applicant/s	Orange City Council
Owner/s	Orange City Council
Land description	Lot 1 DP 1065949 - 1 Summer Street, Orange
Proposed land use	Demolition (existing shop and dwelling)
Value of proposed development	$60,000

Council's consent is sought for the demolition of the existing dwelling and shop at 1 Summer Street, Orange being Lot 1 DP 1065949 (the ‘subject property’).

While the subject property is located within the Central Orange Heritage Conservation Area and proximate to the Coronation Memorial Plaque heritage item, it is considered that the demolition of the existing dwelling and shop will not affect the heritage significance of either.

One submission was received from the adjoining land owners at 3 Summer Street. The submitters identified that they are concerned by the loss of security and increased traffic noise that they will experience due to the existing dwelling and shop being demolished.

The applicant had previously offered to meet 50% of the costs of a heritage style fence, estimated at a cost of $6,000-$8,000. This offer has been rejected by the adjoining land owners. The applicant has advised that the estimated cost of the requested brick wall is between $20K - $30K which is unacceptable to the applicant.

The applicant has subsequently advised that it would be willing to install at its own cost a matching ‘lattice style’ Colorbond fence extension on top of the existing 1.8m high Colorbond fence which divides the properties, bringing the total height of the fence to 2.1m. This is considered to be a suitable outcome.

The proposed demolition is considered to be consistent with the relevant aims, objectives and planning outcomes of Orange Local Environmental Plan 2011 and Orange Development Control plan 2004.

The following assessment identifies that the proposed subdivision should be supported.

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

The cost of the construction of the dividing fence will be entirely at Council’s expense and will require a budget variation.

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA 319/2015(1) for Demolition (existing shop and dwelling) at Lot 1 DP 1065949 - 1 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE APPLICATION/PROPOSAL

Council's consent is sought for the demolition of the existing dwelling and shop at 1 Summer Street, Orange being Lot 1 DP 1065949.

The applicant has advised that the shop and dwelling were constructed during the 1960s and mid-1970s, respectively. Neither the shop nor dwelling are currently in use. Neither building is identified as a heritage item.

The proposal also indicates that two trees would be removed from the subject property during the demolition, being a walnut and lemon. Internal advice from Council’s Manager City Presentation confirms that consent is not required for the removal of either tree.

The existing conditions of the subject site are illustrated in Figures 1-4 below.

Figure 1: the subject site - shop (viewed from the south)

Figure 2: the subject site - shop (viewed from the west)

Figure 3: the subject site - dwelling and shop (viewed from the west)

Figure 4: the subject site - dwelling (viewed from the west)

MATTERS FOR CONSIDERATION

Section 5A Assessment – Significant Effect on Threatened Species, Populations or Ecological Communities or Their Habitats

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

Section 79C

Section 79C of the Environmental Planning and Assessment Act 1979 sets out the matters that the consent authority is to take into consideration in determining a development application. Those matters are addressed in the body of this report.

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 relevant to the application include:

(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 the relevant aims of the LEP. Relevant matters are addressed throughout the body of this report.

Clause 1.6 - Consent Authority

Clause 1.6 establishes that Council is the consent authority for the purpose of Orange Local Environmental Plan 2011.

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

Clause 1.9A provides that any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose, with the exception of:

· Covenants imposed or required by Council; prescribed instruments within the meaning of Section 183A of the Crown Lands Act 1989

· Any conservation agreement within the meaning of the National Parks and Wildlife Act 1974;

· Any trust agreement within the meaning of the Nature Conservation Trust Act 2001;

· Any property vegetation plan under the Native Vegetation Act 2003;

· Any biobanking agreement within the meaning of 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.

This clause does not affect the rights or interests of any public authority under any registered instrument.

A search of Council’s records indicates that a Section 88B Instrument does not apply to the subject property and that it is not affected by any of the above covenants, agreements or plans.

Clause 1.7 Maps

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

Land Zoning Map:	Land zoned R1 General Residential
Lot Size Map:	No Minimum Lot Size
Heritage Map:	Heritage 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

Clause 2.1 - Land Use Zones and Clause 2.3 - Zone Objectives and Land Use Table

The subject site is zoned R1 General Residential Zone (Figure 5).

Figure 5 - zone plan (subject property denoted by red line)

The objectives of the R1 General Residential zone are:

· To provide for the housing needs of the community.

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

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

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

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

The proposed demolition is considered to be consistent with the objectives of the R1 General Residential zone.

Clause 2.7 – Demolition Requires Development Consent

Clause 2.7 identifies that demolition of a building may be carried out only with development consent.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 5 - Miscellaneous Provisions

5.9 - Preservation of Trees or Vegetation

Clause 5.9 seeks to preserve the amenity of the area, including biodiversity value, through the preservation of trees and other vegetation. Subject to Clause 5.9(3)(a) and (b) development consent, a permit granted by Council is required to ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies.

The applicant has indicated that two trees would be removed from the subject property during the demolition, being a walnut and lemon tree. Internal advice from Council’s Manager City Presentations confirms that consent is not required for either tree.

5.10 - Heritage Conservation

Clause 5.10 seeks to conserve the environmental heritage of Orange; conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views; conserve archaeological sites and conserve Aboriginal objects and Aboriginal places of heritage significance.

Subject to Clause 5.10(2)(f), development consent is required to demolish a building within a heritage conservation area. Before granting consent, the consent authority must consider the effect of the proposed development on the significance of the heritage area concerned.

The subject site is located at the western periphery of the Central Orange Heritage Conservation Area (Figure 6).

Figure 6 - Orange Central Heritage Conservation Area (extract) and the Coronation Memorial

Plaque heritage item (I306) (subject property denoted by dark black line)

The Statement of Significance for the Central Orange Heritage Conservation Area (Orange City Council Heritage Study 2012, David Scobie Architects Pty Ltd) identifies that it consists of a range of buildings dating from the latter part of the nineteenth century and early part of the twentieth century, and that some have historical importance for reflecting the development and prosperity of Orange during that period.

The Statement of Significance identifies that the conservation area exhibits several fine examples of different architectural styles and that the building materials, mature street trees and fine parklands help to bring the area together as an aesthetically pleasing whole and as a townscape of importance.

Key characteristics of the residential areas include:

· an important spread of Victorian buildings (especially public and ecclesiastical buildings), and many buildings from the turn of the century with late Victorian and Edwardian features which are of particular significance because of their concentration and general good condition;

· some significant Federation houses and bungalows of the twenties and thirties which make up a major element of the housing stock; and

· significant common features, including the use of the vernacular ‘buff brown’ brick, corrugated iron roofs and consistent front verandah elements.

The subject site is also adjacent to the Coronation Memorial Plaque heritage item (I306) located within the road reserve at corner of Coronation Drive and Woodward Street (Figure 7).

Figure 7 - the Coronation Memorial Plaque

The plaque is described as being:

“A concrete base with tapering pedestal to 700mm high supporting an inclined concrete slab with square edges as a lectern upon which is pinned an engraved black stone slab. A lamp post is mounted behind the supporting a domestic scale lantern and street sign.”

The Statement of Significance for the plaque identifies that:

“The memorial plaque is a marker and reminder of the Commonwealth relationship as expressed in the form of civic improvements and acknowledgement.”

Although the subject property is located within the Central Orange Heritage Conservation Area and is adjacent to the Coronation Memorial Plaque, it is not considered that the proposed demolition will have a detrimental impact on the heritage significance of either.

In particular, based on the era and design of the existing shop and dwelling it is not considered that they are consistent with the key characteristics of residential areas within the Central Orange Heritage Conservation Area, or that they make a contribution to the heritage character of the area that is worthy of retention.

Further, given the type of significance attributed to the Coronation Memorial Plaque (i.e. not being of architectural significance) and its separation from the subject site, it is not considered that the proposed demolition would affect its heritage significance.

While the applicant has not identified any future proposed development of the subject property, any future proposal will be subject to the relevant provisions of the LEP and DCP which seek to conserve the significance of heritage items and heritage conservation areas within Orange.

As such, the proposed demolition will afford the opportunity for a new, infill development of the subject property which will be required to conserve the heritage significance of the local area.

Part 7 - Additional Local Provisions

7.3 - Stormwater Management

Clause 7.3 - Stormwater Management seeks to minimise the impacts of urban stormwater on the land to which the development applies and on adjoining downstream properties, native bushland and receiving waters.

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting onsite infiltration of water. This includes, where practical, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water; and 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 development application indicates that a soil and erosion control plan will be implemented during the demolition, including a sediment fence located along the western boundary of the subject property and the vacant properties at 160 and 162 Woodward Street. 160 and 162 Woodward Street are both Council owned properties.

In addition, the Environmental Health and Building Department have recommended a condition of consent requiring that soil erosion controls be implemented on the subject property prior to works commencing.

7.6 - Groundwater Vulnerability

Clause 7.6 - Groundwater Vulnerability seeks to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from depletion and contamination as a result of inappropriate development.

Before determining a development application for development on land to which this clause applies, the consent authority must consider 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 any adverse 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.

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development is designed, sited and will be managed to avoid any significant adverse environmental impact; or if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise the impact; if that impact cannot be minimised - the development will be managed to mitigate that impact.

The proposed demolition will not involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. Similarly, the proposed demolition will not involve extraction of groundwater and will therefore not contribute to groundwater depletion.

A detailed assessment of groundwater vulnerability would be undertaken as part of an assessment of any future proposal to develop the subject property.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Infrastructure) 2007 applies to the proposed demolition.

Specifically, Subdivision 2 - Development in or adjacent to road corridors and road reservations, Section 101 - Development with frontage to classified road provides that the consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that where practicable, vehicular access to the land is provided by a road other than the classified road; the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development; and the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

Access to the subject property is currently provided from Woodward Street, being a classified road. The development application also indicates that the subject property may be accessed from the adjoining vacant property at 162 Woodward Street during the course of the demolition. Access to this property is also currently provided from Woodward Street.

Accordingly, it is considered that the existing access arrangement to the subject property is suitable.

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. Chapters of the DCP relevant to the proposed subdivision include:

· Chapter 0 - Transitional Provisions;

· Chapter 2 - Natural Resource Management;

· Chapter 3 - General Considerations;

· Chapter 4 - Special Environmental Considerations

· Chapter 5 - General Considerations for Zones and Development; and

· Chapter 13 - Heritage.

The relevant sections, objectives and planning outcomes of each chapter are addressed below.

Chapter 0 - Transitional Provisions

Section 0.2 - General Translation of Zones

Section 0.2 - General Translation of Zones provides that any reference to a zone under Orange LEP 2000 is to be a reference to the corresponding zones in a zone conversion table.

The table identifies that the R1 General Residential zone corresponds with the former 2a Urban Residential and 2d Urban Transition Zones.

Section 0.4 - Former LEP Matters

Section 0.4-2 – Tree Preservation prescribes the kinds of trees and other vegetation that are subject to Clause 5.9 - Preservation of Trees or Vegetation of Orange Local Environmental Plan 2011, and establishes the activities that must not occur in relation to trees and vegetation.

Tree preservation has previously been addressed in detail under the heading “5.9 - Preservation of Trees or Vegetation”.

Chapter 3 - General Considerations

Section 3.1 - Cumulative Impacts

Section 3.1 - Cumulative Impacts identifies that Council will consider not only the direct impacts of a particular development but also whether the development, when carried out in conjunction with other development in the locality, has a more significant environmental impact.

Given that the proposed development is for the demolition of the existing dwelling and shop only, it is considered that any significant or cumulative environmental impact would be limited to impacts on the Central Orange Heritage Conservation Area and the Coronation Memorial Plaque heritage item.

Based on the previous discussion under “5.10 - Heritage Conservation”, it is not considered that the proposed demolition will have a detrimental impact on the heritage significance of either.

Section 3.4 - Waste Generation

Section 3.4 - Waste Generation requires that applications involving demolition indicate measures that will be implemented for reuse and recycling of waste materials, and that demolition is carried out in a manner that optimises reuse and recycling of waste materials consistent with waste-minimisation principles.

A Waste Management Plan has been submitted with the development application. The Environmental Health and Building Department has advised that the Waste Management Plan is appropriate.

Chapter 4 - Special Environmental Considerations

Section 4.4 - Contaminated Land

Section 4.4 –- Contaminated Land identifies that contaminated land can pose a risk to human health and the environment.

Council records indicate that the adjoining and proximate Council owned properties located at 160-164 Woodward Street were used for the purpose of a motor garage and service station between 1937 and 2000.

A report prepared by Envirowest Consulting Pty Ltd in 2014 (the ‘Envirowest report’) identifies that remediation of 160-164 Woodward Street commenced in 2000, including the removal of underground fuel tanks. The Envirowest report recommends that those properties are now suitable for a number of uses.

The extent to which the subject property may be affected by contamination from the former motor garage and service station will need to be addressed as part of any future development application.

Chapter 5 - General Consideration for Zones and Development

Section 5.3 - Advertised Development

Section 5.3 - Advertised Development identifies that Council will give written and published notice of applications for advertised development as required by the Environmental Planning and Assessment Regulations.

The proposed demolition was advertised in the Central West Daily on Saturday, 19 September 2015 and exhibited between Monday 21 September and Tuesday 6 October, 2015.

Chapter 13 - Heritage

Heritage matters are addressed in detail at Sections 13.1-13.06 of Chapter 13 - Heritage of the DCP, including heritage objectives; heritage items and heritage conservation areas; heritage consideration for development; development in the vicinity of heritage items; heritage proposals as advertised development; and incentives heritage conservation.

Heritage matters have previously been addressed in detail under the heading “Clause 5.10 - Heritage Conservation”.

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

Demolition of a Building (clause 92)

The proposal involves the demolition of an existing dwelling and shop. A condition is attached requiring the demolition to be carried out in accordance with Australian Standard AS2601:2001: The Demolition of Structures and the requirements of the NSW WorkCover Authority.

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 not involve the rebuilding, alteration, enlargement or extension of an existing building.

BASIX Commitments (clause 97A)

Not applicable.

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

Noise

Surrounding and proximate properties are likely to experience an increase in noise levels during the demolition of the existing dwelling and shop. However, the applicant has advised that the demolition is likely to only take seven days approximately, and will be carried out during the hours of 7am and 5pm Monday to Friday. Furthermore, the applicant has advised that risk of noise impacts on neighbouring properties will be considered and all possible steps will be taken to silence construction plant and equipment.

Accordingly, it is considered that temporary increase in noise levels is acceptable.

Air Quality

The applicant has advised that air monitoring will be carried out by an independent licensed asbestos assessor during the demolition works to assist in assessing exposure to asbestos and the effectiveness of the control measures.

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

The subject site is considered suitable for the proposed demolition.

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

The proposed development is defined as "advertised development" under the provisions of the LEP. The application was advertised for the prescribed period of 14 days and at the end of that period one submission was received.

The submission was received from the owners of the adjoining property at 3 Summer Street. The submitters identified that they are concerned by the loss of security and increased traffic noise that they will experience due to the existing dwelling being demolished. As such, the submitters have requested that Council construct a minimum 2m high double brick wall along the common boundary with the subject property.

Following a discussion regarding the issues identified by the submitter, the applicant has subsequently advised that it would be willing to install at its own cost a matching ‘lattice style’ Colorbond fence extension on top of the existing 1.8m high Colorbond fence which divides the properties, bringing the total height of the fence to 2.1m. This is considered to be a suitable outcome and it is recommended that the extension of the fence be required as a condition of consent.

In a residential area, a 1.8m high Colorbond fence is considered to be a suitable boundary treatment to ensure the reasonable amenity and privacy of residents. Accordingly, while it is acknowledged that the owners of 3 Summer Street may experience an increase in traffic noise from Woodward Street following the demolition of the existing dwelling and shop, it is not considered that this would be unreasonable.

Furthermore, it is likely that the applicant will seek to redevelop the subject property once the existing shop and dwelling are demolished. The adequacy of the boundary treatment between the properties would be reviewed as part of the assessment of a development application. Depending on the proposed development, it may be necessary to alter the height and/or type of fencing to achieve a suitable outcome.

The submitters also identified that they are concerned that Council would spend $650,000 to purchase the property and then demolish the dwelling without outlining how the vacant land might eventually be used.

This is not a planning matter and no further discussion is required for the purpose of this report.

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, D15/40364 ⇩

2 Plans, D15/40173 ⇩

3 Submission, D15/40175 ⇩

Reference:	DA 275/2009(2)	Determination Date	9 October 2015
PR Number	PR18572
Applicant/s:	Mr BC Whiley
Owner/s:	Orange City Council
Location:	Lot 200 DP 1195298 – 136 Aerodrome Road, Orange
Proposal:	Modification of development consent – aircraft transport facility (hanger and maintenance facility). The modification involves increasing the floor area of the hangar to 1238.55m² and detail changes to the internal layout
Value:	$150,000 (being the same value as the original development)

Reference:	DA 401/2010(2)	Determination Date	24 September 2015
PR Number	PR958
Applicant/s:	Mr GJ and Mr AJ Vangestel
Owner/s:	Mr GJ and Mr AJ Vangestel
Location:	Lot 121 DP 549276 – 390 Clergate Road, Orange
Proposal:	Modification of development consent – industry (additions and alterations). The modification involves amending a condition that prevented further development from occurring on the land until such time as the land was remediated.
Value:	$800,000 (being the same value as the original development)

Reference:	DA 194/2014(3)	Determination Date	24 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 amendment to Condition (16) relating to a requirement to pay Section 64 water and sewer headwork charges (a reduction in the charges due to one row of fuel bowsers being removed).
Value:	$1,200,000 (being the same value as the original development)

Reference:	DA 191/2015(1)	Determination Date	7 October 2015
PR Number	PR26739
Applicant/s:	Willowdene Constructions Pty Ltd
Owner/s:	Mulgoa Corporations Pty Ltd
Location:	Lot 307 DP 1201019 – 29 Dimboola Way, Orange
Proposal:	Subdivision (two lot residential) and dwelling houses (two)
Value:	$460,000

Reference:	DA 192/2015(1)	Determination Date	9 October 2015
PR Number	PR8762
Applicant/s:	Dr DE and Mrs TN Davies
Owner/s:	Mr DE and Mrs TN Davies
Location:	Lot 2 DP 217914 – 152 Moulder Street, Orange
Proposal:	Subdivision (two lot residential) and carport
Value:	$0

Reference:	DA 202/2015(2)	Determination Date	7 October 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:	Modification of development consent – demolition (existing building) and shop (new). The modification involves reducing the size of the building to facilitate the provision of six off-street car parking spaces at the rear of the building.
Value:	$700,000 (being the same value as the original development)
Reference:	DA 216/2015(1)	Determination Date	7 October 2015
PR Number	PR26697
Applicant/s:	Mr I Zhang
Owner/s:	Dinkum Exporting and Importing Pty Ltd
Location:	Lot 187 DP 1201168 – 2 Japonica Place, Orange
Proposal:	Dual occupancy and subdivision (two lot residential)
Value:	$280,000

Reference:	DA 234/2015(1)	Determination Date	1 October 2015
PR Number	PR26991
Applicant/s:	Mr R and Mrs K Campbell
Owner/s:	Mr RB and Mrs KJ Campbell
Location:	Lot 3 DP 1209535 - 8 Spencer Lane, Orange
Proposal:	Interim dwelling house; construction of dwelling house and bed and breakfast accommodation; and conversion of the interim dwelling house for the purpose of garage and recreational outbuilding
Value:	$500,000

Reference:	DA 259/2015(1)	Determination Date	7 October 2015
PR Number	PR27090
Applicant/s:	Mr M Mustac
Owner/s:	Eastern Developments (NSW) Pty Ltd
Location:	Lot 402 DP 1210576 – 98 William Maker Drive, Orange
Proposal:	Subdivision (two lot residential)
Value:	$0

Reference:	DA 264/2015(1)	Determination Date	7 October 2015
PR Number	PR27043
Applicant/s:	Mr D Clark
Owner/s:	Tork Investments Pty Ltd
Location:	Lot 407 DP 1210194 – 23 Hughes Street, Orange
Proposal:	Multi dwelling housing (six dwellings) and subdivision (Community Title – six residential lots and one Community lot)
Value:	$840,000

Reference:	DA 268/2015(1)	Determination Date	14 October 2015
PR Number	PR22035
Applicant/s:	DWP Homes Pty Ltd
Owner/s:	DWP Homes Pty Ltd
Location:	Lot 215 DP 1105371 – 27 Diamond Drive, Orange
Proposal:	Subdivision (two lot residential)
Value:	$0

Reference:	DA 281/2015(1)	Determination Date	6 October 2015
PR Number	PR18085
Applicant/s:	Super Retail Group
Owner/s:	Sentinel Orange Homemaker Pty Ltd
Location:	Lot 6 DP 270204 – Mitchell Highway, Orange
Proposal:	Signage
Value:	$60,000

Reference:	DA 300/2015(1)	Determination Date	7 October 2015
PR Number	PR26816
Applicant/s:	designs@m
Owner/s:	Tansix Pty Ltd
Location:	Lot 231 DP 1206376 – 16 Astill Drive, Orange
Proposal:	Business identification signage
Value:	$0

Reference:	DA 340/2015(1)	Determination Date	12 October 2015
PR Number	PR14812
Applicant/s:	Blanchard Design Drafting
Owner/s:	Baptist Churches of New South Wales Property Trust
Location:	Lot 8 DP 52660 and Lot 2 DP 1135933 – 59 and 61 Sale Street, Orange
Proposal:	Office premises (cover walkway, and alterations and additions) and place of public worship (alterations and additions)
Value:	$40,000