Agenda of Planning and Development Committee

Planning and Development Committee 7 February 2017

2.1 Items Approved Under the Delegated Authority of Council

TRIM REFERENCE: 2016/2855

AUTHOR: Paul Johnston, Planning Team Leader

EXECUTIVE Summary

Following is a list of development applications approved under the delegated authority of Council and pursuant to Council Resolution 16/460 - delegations during the Christmas/New Year close down period.

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

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted. If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Policy and Governance Implications

Nil

Recommendation

That the information provided in the report by the Acting Manager Development Assessments on Items Approved Under the Delegated Authority of Council be acknowledged.

further considerations

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

SUPPORTING INFORMATION

Determinations made under the delegated authority of Council:

Reference:	DA 198/2007(6)	Determination Date	3 January 2017
PR Number	PR9681
Applicant/s:	Mr E Eid
Owner/s:	Mr E Eid
Location:	Lot 1 DP 162437 – 159 Peisley Street, Orange
Proposal:	Modification of development consent – shop and light industry (alterations and additions to existing building). The modification involves amendments to the internal layout, including the provision of external stairs to replace internal stairs.
Value:	$75,000 (being the same value as the original development)

Reference:	DA 501/2007(11)	Determination Date	5 December 2016
PR Number	PR20497
Applicant/s:	Coastplan Consulting
Owner/s:	Oak Tree Retirement Villages West Orange Pty Ltd
Location:	Lot 5 DP 1224367 – 109 Ploughmans Lane, Orange
Proposal:	Modification of development consent – housing for seniors or people with a disability (including a community centre or a bowling green). The modification involves altering the layout of six of the seven blocks of Type E units along the southern boundary.
Value:	$12,000,000 (being the same value as the original development)

Reference:	DA 314/2008(7)	Determination Date	15 December 2016
PR Number	PR25746
Applicant/s:	Orange Anglican Grammar School
Owner/s:	Anglican Schools Corporation
Location:	Lot 100 DP 1174806 – 7 Murphy Lane, Orange
Proposal:	Modification of development consent – educational establishment (Stage 1) and advertisements. The modification involves the installation of a lighting roof panel/pelmet on top of the existing sign and an LED strip light fixed to the pelmet facing down.
Value:	$1,400,000 (being the same value as the original development)

Reference:	DA 257/2009(3)	Determination Date	19 January 2017
PR Number	PR21762
Applicant/s:	Mr I Zhang
Owner/s:	Dinkum Exporting and Importing Pty Limited
Location:	Lot 15 DP 1220904 (previously part of Lots 4 and 6 DP 1108024 - 128 Kearneys Drive)
Proposal:	Modification of development consent - subdivision (22 lot residential and three lot public reserve). The modification involves removing approved Lot 4 such that the area concerned is absorbed into approved Lot 3 (now shown as Lot 4 on the submitted plan). Additionally, the applicant is seeking to split approved Lot 2 into two separate lots (proposed Lots 2 and 3). For all intents and purposes the number of lots remains the same.
Value:	$0

Reference:	DA 241/2013(5)	Determination Date	6 January 2017
PR Number	PR19305
Applicant/s:	Carewest
Owner/s:	Carewest Foundation Ltd
Location:	Lot 300 DP 1057870 and Lot 100 DP 1195304 – 88 Dalton Street and 107 Prince Street, Orange
Proposal:	Modification of development consent - transitional group home, community facility, medical centre and Strata subdivision. The modification involves regularising certain works that have been undertaken that were not approved.
Value:	$3,000,000 (being the same value as the original development)

Reference:	DA 307/2013(3)	Determination Date	8 December 2016
PR Number	PR27375
Applicant/s:	Mr LG and Mrs GC Cook
Owner/s:	Mr SI Munro and Mrs V McCourt-Munro
Location:	Proposed Lot 6 in the subdivision of Lot 3 DP 286647 - Moulder Street, Orange (formerly known as Lot 201 DP 1175177 and Lot 1 DP 797835 - 49 and 51 Moulder Street, Orange)
Proposal:	Modification of development consent - dwelling house, community title subdivision (three lot residential), community title subdivision (four lot subdivision) and dwelling houses (four). The modification involves an alternate design of the previously approved Dwelling 6 adjacent to the visitor parking spaces.
Value:	$300,000

Reference:	DA 342/2013(2)	Determination Date	16 November 2016
PR Number	PR14655
Applicant/s:	Wakehurst Ashurst Developments Pty Limited
Owner/s:	Northern Managers & Construction Pty Ltd and Wakefield Ashurst Developments Pty Ltd
Location:	Lot 1 DP 833569 – 74 Beer Road, Orange
Proposal:	Modification of development consent – subdivision (117 lot residential and three public reserve lots) and demolition (ancillary structures). The modification involves increasing the gross lot yield from 114 lots to 117 lots.
Value:	$0 (being the same value as the original development)

Reference:	DA 139/2014(5)	Determination Date	12 January 2017
PR Number	PR25687
Applicant/s:	Mission Australia
Owner/s:	Bloomfield Hospital
Location:	Lot 501 DP 1175440 – 1502 Forest Road, Orange
Proposal:	Modification of development consent - residential care facility. The modification involves carrying out changes to the approved building by reducing/replacing building elements for cost saving measures. Other changes have been proposed to suit heritage, Building Code of Australia or Council requirements with regard to fire safety and landscaping.
Value:	$13,000,000 (being the same value as previous modifications)

Reference:	DA 166/2015(2)	Determination Date	21 December 2016
PR Number	PR8539
Applicant/s:	Orange Anglican Grammar School
Owner/s:	Anglican Schools Corporation
Location:	Lot 1 DP 819929 – 415 Mitchell Highway, Orange
Proposal:	Modification of development consent – business identification sign. The modification involves the installation of solar panels on top of the existing sign, an LED strip light facing down, and a control box under the existing sign which will house batteries, solar control system and timer.
Value:	$3,750 (being the same value as the original development)

Reference:	DA 308/2016(2)	Determination Date	25 November 2016
PR Number	PR2092
Applicant/s:	Ms K McDiarmid
Owner/s:	Kezz Brett Pty Limited
Location:	Lot 1 DP 799874 – 102 Byng Street, Orange
Proposal:	Modification of development consent - business premises (change of use to beauty salon and internal alterations). The modification involves a review of the rate of payment of water, sewer and drainage headworks contributions.
Value:	$20,000 (being the same value as the original development)

Reference:	DA 114/2016(1)	Determination Date	6 January 2017
PR Number	PR27143
Applicant/s:	Orange Waratahs Sports Club Ltd
Owner/s:	Crown Land and Orange Waratahs Sports Club Ltd
Location:	Lot 210 DP 1209495 and Lot 31 DP 1215943 – 36 Telopea Way, Orange
Proposal:	Recreation area (proposed sports field and earthworks), and alterations and additions to existing building (storage shed)
Value:	$50,000

Reference:	DA 352/2016(1)	Determination Date	12 January 2017
PR Number	PR11606
Applicant/s:	Moir Saxby & Webb Pty Limited
Owner/s:	Moir Saxby & Webb Pty Limited
Location:	Lot 1 DP 89091 – 130-136 Summer Street, Orange
Proposal:	Subdivision (two lot commercial), demolition (partial demolition of rear carport and toilet facilities), and alterations and additions to commercial premises
Value:	$30,000

Reference:	DA 356/2016(1)	Determination Date	4 January 2017
PR Number	PR21074
Applicant/s:	designs@m
Owner/s:	CA & GA Super Pty Ltd
Location:	Lot 6 DP 1097086 - 24 Strathgrove Way, Orange
Proposal:	General industry (alterations and additions)
Value:	$350,000

Reference:	DA 357/2016(1)	Determination Date	1 December 2016
PR Number	PR27428
Applicant/s:	Contemporary Homes Pty Ltd
Owner/s:	Divlist Pty Limited and Mikell Investments Pty Limited
Location:	Lot 19 DP 1221604 – 146 Diamond Drive, Orange
Proposal:	Dual occupancy and subdivision (two lot residential)
Value:	$420,000

Reference:	DA 380/2016(1)	Determination Date	19 December 2016
PR Number	PR15494
Applicant/s:	Tony Leahey Motor Group
Owner/s:	Mr AR and Mrs LJ Leahey
Location:	Lots 574 and 575 DP 836044 – 24 and 25 Cameron Place, Orange
Proposal:	Vehicles sale or hire premises (new vehicle display platform), vehicle repair workshop and demolition)
Value:	$1,360,000

Reference:	DA 382/2016(1)	Determination Date	8 December 2016
PR Number	PR27228
Applicant/s:	Lennon Bros Circus
Owner/s:	Orange City Council
Location:	Lot 32 DP 1215943 – 34 Telopea Way, Orange
Proposal:	Entertainment facility (temporary use of land – circus)
Value:	$0

Reference:	DA 387/2016(1)	Determination Date	30 November 2016
PR Number	PR25823
Applicant/s:	McDonald’s Australia Limited
Owner/s:	McDonald’s Australia Limited
Location:	Lot 301 DP 1179160 - Farrell Road, Orange
Proposal:	Signage
Value:	$95,985

Reference:	DA 399/2016(1)	Determination Date	2 December 2016
PR Number	PR1196
Applicant/s:	McDonald’s Australia Limited
Owner/s:	McDonalds Properties (Aust) Pty Limited
Location:	Lot 4 DP 778409 – 100 Bathurst Road, Orange
Proposal:	Signage
Value:	$95,985

Reference:	DA 406/2016(1)	Determination Date	22 December 2016
PR Number	PR25965
Applicant/s:	Colemans Property Holdings Pty Limited
Owner/s:	Orange City Council
Location:	Lot 93 DP 1180866 – 27-29 Colliers Avenue, Orange
Proposal:	Vehicles sales or hire premises and business identification signage
Value:	$200,000

Reference:	DA 410/2016(1)	Determination Date	10 January 2017
PR Number	PR6205
Applicant/s:	Mr AW Sales
Owner/s:	Mr AW Sales
Location:	Lots 1 and 2 DP111749 – 69 Kite Street, Orange
Proposal:	Change of use from offices to dwelling, business identification sign (for home occupation)
Value:	$15,000

Reference:	DA 432/2016(1)	Determination Date	25 January 2017
PR Number	PR3894
Applicant/s:	Advantage Electrical Supplies
Owner/s:	Nagle Bros Property Pty Ltd
Location:	Lot 4 DP 608088 - 84-86 Endsleigh Avenue, Orange
Proposal:	Mixed use development: wholesale supplies, hardware and building supplies and signage
Value:	$80,000

Reference:	DA 439/2016(1)	Determination Date	13 January 2017
PR Number	PR11573
Applicant/s:	Commonwealth Bank Australia
Owner/s:	Numite Pty Limited
Location:	Lot 1 DP 708311 – 244-246 Summer Street, Orange
Proposal:	Business premises (repairs to downpipes)
Value:	$30,000

Determinations made pursuant to Council Resolution 16/460 – delegations during the Christmas/New Year close down period:

Reference:	DA 367/2016(1)	Determination Date	6 January 2017
PR Number	PR7095
Applicant/s:	Orange City Council
Owner/s:	Crown Land – C/- Orange City Council
Location:	Lot 701 DP 1001618 – Wade Park – Lords Place, Orange
Proposal:	Demolition (tree removal) and outdoor recreation facility (practice wickets)
Value:	$2,000

Reference:	DA 368/2016(1)	Determination Date	6 January 2017
PR Number	PR13066
Applicant/s:	Orange City Council
Owner/s:	Orange City Council
Location:	Lot 3 DP 809208 – Spring Street, Spring Hill
Proposal:	Emergency services facility (fire shed and water tank)
Value:	$240,000

Reference:	DA 369/2016(1)	Determination Date	6 January 2017
PR Number	PR17332
Applicant/s:	Orange City Council
Owner/s:	Orange City Council
Location:	Lot 532 DP 1006591 – The Billabong, Clifton Grove
Proposal:	Emergency services facility (fire shed)
Value:	$260,000

Reference:	DA 402/2016(1)	Determination Date	6 January 2017
PR Number	PR17078
Applicant/s:	Working Anthill Pty Limited
Owner/s:	Working Anthill Pty Limited, and Mr TJ Hancox and Ms J Yang
Location:	Lots 400 and 401 DP 880472 – 154 and 156 Sale Street, Orange
Proposal:	Demolition (existing buildings), multi dwelling housing (ten dwellings) and subdivision (ten lot Strata)
Value:	$2,200,000

TOTAL NET* VALUE OF ALL DEVELOPMENTS APPROVED IN THIS PERIOD: $5,428,970

* Net value relates to the value of modifications. If modifications are the same value as the original DA, then nil is added. If there is a plus/minus difference, this difference is added or taken out.

Planning and Development Committee 7 February 2017

2.2 Orange Local Environmental Plan 2011 - Amendment 20 - Planning Proposal - Caravan Park - Gateway Park

TRIM REFERENCE: 2017/93

AUTHOR: David Waddell, Director Development Services

EXECUTIVE Summary

Council has prepared a draft Planning Proposal in support of a proposed amendment to Orange Local Environmental Plan (LEP) 2011. The amendment will facilitate the establishment of a new caravan park at the eastern entrance to the City, providing short term tourist and visitor accommodation; long term/permanent low-cost moveable dwellings; and associated facilities.

The planning proposal seeks:

1 To rezone the following land from E3 Environmental Management to RE2 Private Recreation:

· Lot 10 DP 732585 - 4 Perc Griffith Way and 40 Mitchell Highway

· Lot 2 DP 530183 - 5190 Mitchell Highway

· Lot 3 DP 530183 - Mitchell Highway.

2 To reclassify the following land from Community Land to Operational Land under the Local Government Act 1993:

· Lot 1 DP 502526 - 32 Perc Griffith Way and 70 Mitchell Highway.

Link To Delivery/OPerational Plan

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

Financial Implications

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Policy and Governance Implications

Nil

Recommendation

1 That Council seek a Gateway Determination from the Department of Planning and Environment:

To rezone the following land from E3 Environmental Management to RE2 Private Recreation:

· Lot 10 DP 732585 - 4 Perc Griffith Way and 40 Mitchell Highway

· Lot 2 DP 530183 - 5190 Mitchell Highway

· Lot 3 DP 530183 - Mitchell Highway.

To reclassify the following land from Community Land to Operational Land under the Local Government Act 1993:

· Lot 1 DP 502526 - 32 Perc Griffith Way and 70 Mitchell Highway.

2 That Council include in the planning proposal adjustments to Orange Local Environmental Plan 2011 written instrument and maps to reflect the proposed amendments.

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

4 That Council proceed to place the planning proposal on exhibition in accordance with any requirements of the Gateway Determination.

further considerations

SUPPORTING INFORMATION

Caravan park development is identified as a major outcome in the Orange City Council Orange Region Tourism Strategy 2016/17 – 2018/19. Central to this outcome includes ‘investigation of a new 4 star caravan park.’

Land at the eastern entrance to the City on Perc Griffith Way and Mitchell Highway has been acquired by Council for the purpose of a caravan park, consistent with the Tourism Strategy. The land comprises the site of the trotting track and go-kart track, and adjoining rural/residential parcels to the south with frontage to the Mitchell Highway. In order to develop a caravan park on the land, part land rezoning (to RE2 Private Recreation) and land reclassification (to Operational land) is required. The attached planning proposal represents the first stage in preparing an amendment to Orange Local Environmental Plan 2011 to facilitate the land rezoning and reclassification.

A site masterplan for the intended caravan park is yet to be prepared. An indicative concept involves a holiday park with 200+ tourist sites, amenities buildings and recreational facilities (swimming pool, jumping pillow and skate park). Long term sites for low-cost moveable dwellings and associated facilities are also intended.

The affected parcels will be subdivided to excise the existing go-kart track and an associated buffer zone; create a development lot for the caravan park; and provide a green corridor at the site frontage to the Mitchell Highway. An indicative landscape precinct plan has been prepared, which involves extensive planting on either side of the highway corridor adjacent to the site. The landscape design would create a vegetative avenue entrance for the City. The indicative landscape precinct plan is included in the attached planning proposal.

Development consent will be required for the proposed caravan park and land subdivision following the land rezoning and reclassification.

The site is considered suitable for development as a caravan park due to the following:

· The site has a high profile location at the eastern entrance to the City.

· Land area and dimensions are suitable to accommodate a tourist facility of the intended scale.

· The land has expansive highway frontage and secondary frontage to Perc Griffith Way.

· Urban utility services are in proximity to the land and may be extended and augmented to suit the requirements of the development.

· The site topography will not unreasonably constrain the intended development.

· The site is unlikely to contain biodiversity or habitat value.

· The land is not affected by natural hazards or known technological hazards.

· The site does not contain known European or indigenous archaeological values.

· The land does not have particular resource value and limited potential for agricultural viability.

Attachments

1 Planning Proposal, D17/3525 ⇩

2 Annexure A, D17/3567 ⇩

3 Annexure B, D17/3546 ⇩

4 Annexure C, D17/3548 ⇩

5 Annexure D, D17/3550 ⇩

Planning and Development Committee 7 February 2017

2.2 Orange Local Environmental Plan 2011 - Amendment 20 - Planning Proposal - Caravan Park - Gateway Park

Attachment 1 Planning Proposal

Planning Proposal - Orange Local Environmental Plan 2011 – Amendment 20

Introduction

This planning proposal describes a proposed amendment to Orange Local Environmental Plan (LEP) 2011, known as Amendment 20.

The planning proposal seeks:

1 To rezone the following land from E3 Environmental Management to RE2 Private Recreation:

· Lot 10 DP 732585 – 4 Perc Griffith Way and 40 Mitchell Highway, Orange

· Lot 2 DP 530183 – 5190 Mitchell Highway, Orange

· Lot 3 DP 530183 – Mitchell Highway, Orange.

2 To reclassify the following land from Community Land to Operational Land under the Local Government Act 1993:

· Lot 1 DP 502526 - 32 Perc Griffith Way and 70 Mitchell Highway.

Amendment 20 will permit development for the purpose of a caravan park on the subject land parcels.

The planning proposal is made pursuant to Section 55 of the Environmental Planning and Assessment Act 1979 (EPA Act) and Planning Proposals: A Guide to Preparing Planning Proposals (NSW Department of Planning and Environment 2016). The planning proposal is comprised of six parts:

· Part 1 Objectives or intended outcomes

· Part 2 Explanation of provisions

· Part 3 Justification

· Part 4 Mapping

· Part 5 Community Consultation

· Part 6 Project Timeline

Details relating to the proposed land reclassification are attached at Annexure A, consistent with LEP Practice Note: Classification and reclassification of public land through a local environmental plan (NSW Department of Planning and Environment 2016).

Part 1 Objectives or Intended Outcomes

The objective of this planning proposal is to amend Orange LEP 2011 to enable the development of a new caravan park at the eastern entrance to the City.

Part 2 Explanation of Provisions

The objective will be achieved by:

· Amending the Orange LEP 2011 Land Zoning Map (Sheet LZN_008D and Sheet LZN_013B) such that the identified land is zoned RE2 Private Recreation (refer proposed zoning maps at Annexure B); and

· Amending the Orange LEP 2011 written instrument to include the following additional listing: Schedule 4 Classification and reclassification of Public Land

Part 2 Land classified, or reclassified, as operational land- interests changed:

Column 1 Column 2 Column 3

Locality Description Any trusts etc not discharged

24 Perc Griffith Way Lot 1 DP 502526 Nil

Part 3 Justification

Section A – Need for the planning proposal

Q1 Is the planning proposal a result of any strategic study or report

Caravan parks development is identified as a major outcome in the Orange City Council Orange Region Tourism Strategy 2016/17 – 2018/19. Central to this outcome includes ‘investigation of a new 4 star caravan park.’ The planning proposal is reflective of Council’s intention to provide a new tourist accommodation facility.

Q2 Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

The planning proposal is the best means of achieving the intended objective due to the following:

· The intended use of land is defined as a “caravan park” under Orange LEP 2011. Caravan parks are permitted with consent in the RE2 Private Recreation zone.

· An amending LEP is the only means of reclassifying land and thereby facilitating development of the land.

The following alternative means of achieving the intended objective were considered and discounted:

· Rezoning of the land to SP3 Tourist and the inclusion of “caravan park” as an additional permitted use, would enable this type of development in locations less favourable.

· Drafting of additional permitted uses to provide for “caravan park” on the identified land would not provide the clarity afforded by the amended Land Zoning Map and written instrument.

Section B – Relationship to Strategic Planning Framework

Q3 Is the planning proposal consistent with the objectives and actions of the applicable regional, sub-regional or district plan or strategy (including any exhibited draft plans or strategies)?

The planning proposal is not contrary to the Sub-Regional Rural and Industrial Land Use Strategy for the Councils of Blayney, Cabonne and Orange (2008); or Orange Sustainable Development Strategy (2004 and 2010 update). There is no other regional strategy relevant to the subject land or planning proposal.

Q4 Is the planning proposal consistent with a council’s local strategy or other local strategic plan?

The planning proposal is consistent with Orange City Council Community Strategic Plan 2016/17 – 2025/26 and Delivery Operational Plan 2017/18 – 2020/21 relating to Our Economy:

· Our Economy – The Orange Community will plan and grow an innovative, diverse and balanced economy while protecting the character of the City and region.

· Objective 10: Building on the economy, lifestyle and character of Orange to position the City as a destination of choice

· Strategy 10.1: Capitalise on the character and lifestyle of Orange to enhance tourism

· Code 10.1.2: Implement the Orange Region Tourism Strategy

The planning proposal directly responds to the strategies and actions of Council’s local strategic plan.

Q5 Is the planning proposal consistent with applicable State Environmental Planning Policies?

The applicable State Environmental Planning Policies (SEPPs) are considered below:

State Environmental Planning Policy No. 21 - Caravan Parks

The intended use of the land as a caravan park will be subject to the provisions of SEPP 21 – Caravan Parks. The SEPP requires development consent be obtained for caravan parks and prescribes certain matters to be considered by Councils at development application stage (including location and character; alternative tourist accommodation and low-cost housing; and the availability of community facilities and services for occupants).

State Environmental Planning Policy No. 55 - Remediation of Land

SEPP 55 Remediation of Land requires (in part) consideration of the likelihood of contamination of land affected by a rezoning proposal. The subject land is not within an investigation area nor is known to have been used for a purpose listed in Table 1 to the contaminated land planning guidelines. The site has longstanding agricultural use and is unlikely to be contaminated. Notwithstanding, preliminary contamination investigation may be required at development application stage for future caravan park use of the land.

State Environmental Planning Policy 64 – Advertising and Signage

Advertising in conjunction with the intended use of the land as a caravan park will be subject to the provisions of SEPP No. 64 – Advertising and Signage.

State Environmental Planning Policy (Infrastructure) 2007

The intended use of the land as a caravan park will be subject to the provisions of SEPP Infrastructure 2007 Division 17 Roads and Traffic. The subject land has frontage to a classified road and a caravan park may be traffic generating development. The requirements of Division 17 will be considered at development application stage.

State Environmental Planning Policy (Rural Lands) 2008

The planning proposal is consistent with the Rural Planning Principles pursuant to SEPP Rural Lands 2008:

(a) the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas,

(b) recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State,

(c) recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,

(d) in planning for rural lands, to balance the social, economic and environmental interests of the community,

The agricultural value of the site is diminished due to the fragmented lot cadastre, adjacent urban land uses, relatively modest parcel sizes, and existing recreational and residential land uses. The planning proposal is unlikely to adversely impact on resource lands or agricultural values.

The importance of rural lands and agriculture are acknowledged. Notwithstanding, intended caravan park development of the scale proposed is likely to require a greenfield site. The subject land is considered suitable due to its limited rural function, together with gateway location on the urban perimeter and highway frontage.

(e) the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,

The subject land does not contain particular natural resources, native vegetation or biodiversity values. The site is contained within the city’s drinking water catchment. Subject to appropriate stormwater management and connection to reticulated sewer, water resources will be protected.

(f) the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,

(g) the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing,

The planning proposal does not involve rural housing opportunities, per se. Some low-cost manufactured homes for permanent or long term occupation are intended for the subject land. This form or housing will be ancillary to the caravan park use of the site.

(h) ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.

There is no regional strategy applicable to the subject land.

Q6 Is the planning proposal consistent with applicable Ministerial Directions (s. 117 Directions)?

The applicable Ministerial Directions are considered below.

1.5 Rural Lands

Direction 1.5 Rural Lands applies when a planning authority prepares a planning proposal that will affect land within an existing or proposed rural or environment protection zone (including the alteration of any existing rural or environment protection zone boundary). Pursuant to Clause 4:

A planning proposal… must be consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008.

In consideration of this Direction, the planning proposal is consistent with the Rural Planning Principals of SEPP (Rural Lands), as outlined above.

3.2 Caravan Parks and Manufactured Home Estates

Direction 3.2 Caravan Parks and Manufactured Home Estates applies when a planning authority prepares a planning proposal. Pursuant to Clause 4:

In identifying suitable zones, locations and provisions for caravan parks in a planning proposal, the relevant planning authority must:

(a) retain provisions that permit development for the purposes of a caravan park to be carried out on land, and

(b) retain the zonings of existing caravan parks…

In consideration of this Direction, caravan parks are permitted with consent in the RE2 Private Recreation zone. The planning proposal will not alter the permissibility of this landuse in the RE2 zone. The planning proposal does not involve rezoning of existing caravan parks in the city.

3.4 Integrating Land Use and Transport

Direction 3.4 Integrating Land Use and Transport applies when a planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes. Pursuant to Clause 4:

A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of:

(a) Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and

(b) The Rights Place for Business and Services – Planning Policy (DUAP 2001).

In consideration of this Direction, intended caravan park use of the land may involve low-cost housing for long term/permanent residents. The site will be serviced by public transport, consistent with Improving Transport Choice – Guidelines for planning and development (DUAP 2001). This matter will be considered in a traffic impact assessment at development application stage.

6.1 Approval and Referral Requirements

Direction 6.1 Approval and Referral Requirements applies when a relevant planning authority prepares a planning proposal. Pursuant to Clause 4:

A planning proposal must:

(a) minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and

(b) not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the relevant planning authority has obtained the approval of:

(i) the appropriate Minister or public authority, and

(ii) the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General),

prior to undertaking community consultation in satisfaction of section 57 of the Act, and

(c) not identify development as designated development unless the relevant planning authority:

(i) can satisfy the Director-General of the Planning of Planning (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and

(ii) has obtained the approval of the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) prior to undertaking community consultation in satisfaction of section 57 of the Act

In consideration of this Direction, the planning proposal does not contain concurrence, consultation or referral provisions; and does not identify development as designated development.

6.2 Reserving Land for Public Purposes

Direction 6.2 Reserving Land for Public Purposes applies when a planning authority prepares a planning proposal. Pursuant to Clause 4:

A planning proposal must not create, alter or reduce existing zonings of reservations of land for public purposes without the approval of the relevant public authority and the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General

In consideration of this Direction, the planning proposal does not create, alter or reduce existing zonings of reservations of land for public purposes.

Section C – Environmental, Social and Economic Impact

Q7 Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected?

The subject land is not identified as “biodiversity sensitivity” on the Orange LEP 2011 Terrestrial Biodiversity Map. The sites are cleared of significant vegetation, excepting some advanced trees on the perimeters. The established urban footprint adjoins the land to the west.

Areas of “high biodiversity sensitivity” are located on the adjoining land to the east. The potential for a meaningful biodiversity linkage between the adjoining land and the subject land are considered unlikely due to the physical separation and fragmented vegetation. On this basis, the land the subject of the planning proposal is not expected to contain critical habitat or threatened species, populations of ecological communities or their habitats. Additionally, the intended use of the land as a caravan park is unlikely to impact on the biodiversity values of the adjoining parcels to the east.

Q8 Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

The potential environmental impacts associated with the planning proposal are considered below.

Visual Impacts

The intended use of the land as a caravan park will alter the existing visual amenity in this setting. Orange Development Control Plan (DCP) 2004 does not contain specific development standards relating to this site or proposed landuse. A merit assessment will be undertaken at development application stage/s, with particular consideration to the presentation of the site to the Mitchell Highway and visual integration within the site. Relevant matters include siting, external finishes, building footprint and massing, advertising form and content and landscaping.

An indicative landscape concept plan has been prepared for the site frontage (refer attached Gateway Park Proposed Precinct Plan (Orange City Council) January 2014) at Annexure C. Additional landscaping at the site frontage will have positive visual impacts on the presentation of the site in particular, and the eastern entrance to the city in general.

Traffic Matters

The subject land is serviced by the Mitchell Highway and Perc Griffith Way. A traffic impact assessment will be required at development application stage with consideration to traffic generation, access arrangements, parking provision, internal layout, vehicle servicing, traffic effects, and accessibility to public transport. Caravan park use of the land may be traffic generating pursuant to SEPP Infrastructure 2007; consultation with Roads and Maritime Services may be required.

Noise

The intended use of the land as a caravan park will introduce additional noise sources to the locality. Conversely, the site will be affected by traffic noise associated with the Mitchell Highway and adjacent Go-Kart track. An acoustic assessment will be required at development application stage, consistent with the various NSW Environment Protection Authority guidelines. There is scope for a range of mitigation measures to maintain acoustic amenity in the locality, such as buffers, earth mounding, landscaping and positioning of long term sites.

Lighting

Caravan park use of the site will alter the existing ambient illuminance in the locality, with impacts for the adjacent Mitchell Highway road corridor and dwellings. A lighting assessment will be required at development application stage/s, demonstrating compliance with Australian Standard AS 4282-1997 – Control of the obtrusive effects of outdoor lighting.

Water Quality

The subject land is identified as groundwater vulnerable on the Orange LEP 2011 Groundwater Vulnerability Map. The subject land will be connected to Council’s reticulated sewer in conjunction with the caravan park. The development will be designed, sited and managed to avoid adverse environmental impacts on groundwater resources.

The land affected by the planning proposal is contained within the drinking water catchment pursuant to the Orange LEP 2011 Drinking Water Catchment Map. Stormwater associated with the caravan park should be equivalent to pre-development water quality and volumes, in order to maintain water quality and flows in the catchment.

Engineering design to maintain groundwater resources and the drinking water catchment will be considered at development application stage.

Archaeology

The planning proposal will not impact on archaeological values. Pursuant to Orange LEP 2011 Heritage Map, the subject land does not contain or adjoin a heritage item and is not located within a heritage conservation area. Furthermore, the site does not contain known Aboriginal archaeology. Due to the history of agricultural disturbance, the likelihood of archaeological significance is low.

Resource Lands

The subject land is considered to have limited resource value. The agricultural value of the site is diminished due to the fragmented holding pattern, adjacent urban land uses, relatively modest parcel sizes, and existing recreational and residential land uses. The planning proposal is unlikely to adversely impact on agricultural values.

Natural Hazards

The subject land is not flood liable or bushfire prone.

Q9 Has the planning proposal adequately addressed social and economic effects?

The planning proposal will generate net community benefit due to the following positive social and economic impacts:

· Increased expenditure due to construction spending, operational spending and tourist spending

· Additional employment attributed to construction and operation of the caravan park

· Additional tourist visitation to the City

· Additional offering of tourist and visitor accommodation

· Additional offering of low-cost permanent / long term residential accommodation

Section D – State and Commonwealth Interests

Q10 Is there adequate public infrastructure for the planning proposal?

Public infrastructure is available to the subject land, as follows:

· Reticulated sewer and water is located in proximity to the site and will be extended for the proposed caravan park.

· Electricity and telecommunications are available and may be upgraded subject to the needs of the development.

· The site has frontage and vehicular access to the Mitchell Highway and Perc Griffith Way.

Q11 What are the view of State and Commonwealth public authorities consulted in accordance with the Gateway determination

The views of State and Commonwealth public authorities are not required on the planning proposal until after the Gateway determination.

Part 4 Mapping

Mapping in support of the planning proposal is attached at Annexure D.

Part 5 Community Consultation

The Planning Proposal will be subject to public exhibition and agency consultation in accordance with the Gateway determination.

The planning proposal is considered to be ‘low impact’ due to the following:

· The planning proposal is not contrary to the relevant strategic planning framework.

· Issues pertaining to infrastructure servicing are not significant and can be adequately addressed.

· The planning proposal is not in respect of a principal LEP.

Community consultation for the planning proposal will involve:

· An exhibition period of 28 days;

· An advertisement in the Central Western Daily;

· Notification on the Orange City Council website; and

· Written notice to adjoining and surrounding property owners.

The following materials will be made available for public inspection during the exhibition period:

· The planning proposal in the form approved for community consultation by the Director General of Planning.

· The Gateway determination; and

· Any studies (if required) relied upon by the planning proposal.

Part 6 Project Timeline

The following table provides an overview of the intended project timeline for the planning proposal:

Project stage	Commencement	Completion
Gateway Determination	March 2017	Late March 2017
Government Agency consultation	Late March 2017	Mid April 2017
Public Exhibition Period	Late March 2017	Mid April 2017
Public Hearing	May 2017
Consideration of Submissions	End May 2017	June 2017
Consideration of post exhibition proposals (Report to Council)	June 2017
Seeking and obtaining legal opinion from Parliamentary Counsels Office	Late June 2017	Dependent on PCO
Submission to the Department of Planning and Infrastructure to finalise	Dependent on PCO
Anticipated date the plan will be forwarded to the Department for notification	Dependent on PCO

Conclusion

The planning proposal warrants support due to the following:

· Caravan parks development is identified as a major outcome in the Orange City Council Orange Region Tourism Strategy 2016-17 – 2018/19. Central to this outcome includes ‘investigation of a new 4 star caravan park.’ The planning proposal is reflective of Council’s intention to provide a new tourist accommodation facility, consistent with the Tourism Strategy.

· The proposal is consistent with Council’s Community Strategic Plan 2016/17 – 2025/26 and Delivery Operational Plan 2017/18 – 2020/21 relating to Our Economy.

· The proposal is not unreasonably constrained by the physical characteristics of the subject land.

· The proposal has the potential to generate positive social and economic impacts, with net community benefit.

· The potential impacts of the proposal have been foreshadowed and there are no significant issues that would prevent the LEP amendment proceeding.

Annexures

Annexure A - Land Reclassification Document

Annexure B - Proposed Land Zoning Maps SheetLZN_008D and LZN_013B

Annexure C - Gateway Park Proposed Precinct Plan

Annexure D - Mapping

Planning and Development Committee 7 February 2017

2.2 Orange Local Environmental Plan 2011 - Amendment 20 - Planning Proposal - Caravan Park - Gateway Park

Attachment 2 Annexure A

SEARCH OF COUNCIL’S LEGAL DOCUMENTS
Type of Public Land (e.g. public reserve, trust, vested land, dedicated land, reserved or zoned land, other)	Freehold unencumbered land

Local Government Act 1993 (S.32 Reclassification of land dedicated under s94 of the EP&A Act 1979 – land un/suitability considerations)
Was the land dedicated under s94 of the EP&A Act 1979?	No
Size of the land?	13.68ha
Shape of the land?	Rectangular with battleaxe access handle
Topography of the land?	Flat
Location of the land?	Eastern entrance to City, 3.5km from CBD
Difficulty in providing access?	NA – frontage to Mitchell Highway and Perc Griffith Way.

The following section provides the information required to be publicly provided by Council in the Department of Planning Practice Note PN 09-003 – Classification and Reclassification of Public Land through a Local Environmental Plan at the time a draft LEP that seeks to reclassify public lands is prepared and exhibited.

The Department of Planning Practice note “PN 09-003 – Classification and Reclassification of Public Land through a Local Environmental Plan” requires that certain written information be placed on public exhibition with the draft Orange LEP 2011 Amendment that either reclassifies and/or rezones the land. This is to include and describe or address, as appropriate, the following matters:

STATEMENT OF COUNCIL’S INTEREST (This section describes Council’s interest in the land)
Nature of interest (e.g. freehold ownership, land leased for x years)	Freehold ownership – Torrens Title
Date of issue of Title	9/10/2007
Why Council acquired the interest	Amalgamation with Canobolas Shire Council 29 July 1977
How Council acquired its interest (e.g. land purchased using s94 funds – dedicated in lieu of s94)	Amalgamation
For land previously owned or controlled by Council, whether any aspect of the LEP formed part of the agreement to dispose of the land	No

PURPOSE OF THE DRAFT LOCAL ENVIRONMENTAL PLAN (This describes why Council is preparing the draft LEP amendment)
Why the draft plan is being prepared? (e.g. to sell or allow a particular use)	To facilitate future development of the land (and adjoining parcels) as a caravan park.
How the draft plan will affect planning control?	Caravan parks are a permitted landuse in the zone.
What prompted the preparation of the draft plan? (e.g. Council’s intention to sell land, request from affected land owner)	A proponent has been identified for development of a caravan park on the land (and adjoining parcels).

ANTICIPATED DEVELOPMENT

(This describes the type of development that may result from the changing in planning controls and assist people to understand how they may be affected.)

Likely physical or operational changes to the land (e.g. erection of dwelling)

Development of a caravan park containing tourist sites, tourist accommodation and associated facilities.

Is the draft LEP being prepared to be permit a particular development (and is the proposal currently on exhibition)

The draft LEP will permit development for the purpose of a caravan park. The proposal is not currently on exhibition.

FINANCIAL IMPLICATIONS

(Whilst protecting commercial confidence, this generally describes the financial implications of a change in planning controls.)

Indicate the magnitude of value that will be added to the land by comparing current and future land value

Not known

Describe in general detail any terms of agreement for lease or sale of land

Lease

PROPOSED CLASSIFICATION AND ZONE

Classification

Local Government Act 1993

Operational

Zoning

Environmental Planning and Assessment Act 1979

RE2 Private Recreation

OTHER IMPORTANT RELATED INFORMATION

1. Definition of Public Land and Public Reserve

Public Land means any land (including a public reserve) vested in or under the

control of the council, but does not include:

(a) a public road, or

(b) land to which the Crown Lands Act 1989 applies, or

(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or

(e) a regional park under the National Parks and Wildlife Act 1974.

Public Reserve means any one or more of the following:

Criteria for a public reserve		Applicable to this site?
a	A public park (park means an area of open space used for recreation, not being bushland)	No
b	Land conveyed or transferred to Council under s340A of the Local Government Act 1919	No
c	Land dedicated or taken to be dedicated as a public reserve under s340C or s340D of the Local Government Act 1919	No
d	Any land dedicated or taken to be dedicated under s49 or s50 (refer to s49 & s50 – public reserve and drainage reserves provided for in a subdivision – pre and post 15/6/1964)	No
e	Any land vested in Council and declared to be a public reserve under s37AAA of the Crown Lands Consolidation Act1989	No
f	Any land vested in Council and declared to be a public reserve under s76 of the Crown Lands Act 1989	No
g	A Crown Reserve that is dedicated or reserved: i. For public recreation or ii. For a purpose that is declared to be a purpose within the scope of this definition by means of an order published in the Gazette by the Minister administering the Crown Lands Act 1989, being a Crown Reserve in respect of which Council has been appointed as manager of a reserve trust of the reserve or for which no reserve trust has been established	No
h	Land declared to be a public reserve and placed under the control of Council under s52 of the State Roads Act 1986	No
i	Land declared to be a public reserve and placed under the control of Council under s159 of the State Roads Act 1993	No

And includes a public reserve of which council has the control under s344 of the Local Government Act 1993, 1919 or s48, but does not include a common.

The land is a public reserve and comprises Public Land as defined under the Local Government Act 1993.

Attachment No 1

Aerial Image

Attachment No 2

Current Zoning Map

(Orange LEP 2011)

Attachment No 3

Deposited Plan

Attachment No 4

Certificate of Title

Attachment No 5

Mapped location of land and services

*Water reticulation shown blue line; sewer reticulation shown purple line

Attachment No 6

Copy of any Leases

NOT APPLICABLE:

NO REGISTERED LEASES

APPLYING TO THE SITE

	Information	Check
1	Aerial Image	Attachment No. 1
2	Zoning Map (LEP 2011)	Attachment No. 2
3	Proposed Zoning Map	NA
4	Deposited Plan and s88B Instrument	Attachment No. 3
5	Certificate of Title	Attachment No. 4
6	Mapped Location of land & Services	Attachment No. 5
7	Copy of Any Leases	NA – no registered applying to the site

PROPERTY DETAIL
Council property number	28
Real property description	Lot 1 DP 502526
Street Address	32 Perc Griffith Way and 70 Mitchell Highway, Orange
Common name	Go-Kart Track
Area (m²)	13.68ha
Copy of Deposited Plan and s88B Instrument	Attachment No. 3
Copy of Certificate of Title and ownership schedule and restrictive covenants	Attachment No. 5
Copy of map/s showing cadastral information for land and the locality	Attachments No. 1 & 2
Copy of Council’s Geographic Information System cadastral mapping information showing services etc	Attachment No. 5
Existing Zone (Orange LEP 2011)	RE2 Private Recreation

LAND REGISTER
Plan of Management Name and Date adopted	Plan of Management for Major Sportsgrounds, adopted 15 December 2005.
Category (existing classification – operational / community)	Community
Type (e.g. park, sportsground, drainage reserve)	Park