ORANGE CITY COUNCIL

Planning and Development Committee

 

Late Item

SUPPLEMENTARY REPORT

 

1 August 2017

 

 

    

 


Planning and Development Committee                                                1 August 2017

Late Item

  

2                General Reports. 3

2.6            Development Application DA 63/2017(1) - Supplementary Report
– 36-40 Turner Crescent 3

 


Planning and Development Committee                                                1 August 2017

 

 

2       General Reports

2.6     Development Application DA 63/2017(1) - supplementary report - 36-40 Turner Crescent

TRIM REFERENCE:        2017/1692

AUTHOR:                       Summer Commins, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

6 March 2017 (additional information submitted 12 May 2017)

Applicant/s

Australian Childcare Solutions

Owner/s

Australian Childcare Solutions Pty Ltd

Land description

Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange

Proposed land use

Child Care Centre

Value of proposed development

$2,625,014

This supplementary report should be considered in conjunction with Item 2.3 of the Planning and Development Committee Agenda of 1 August 2017.

As outlined in the aforementioned report, the development application was readvertised. The re-exhibition period for the development was Saturday, 15 July 2017 to Friday, 28 July 2017. At the close of the re-exhibition period, eleven submissions were received.

At the time of writing of Item 2.3, three submissions from the July exhibition period had been received. Those submissions are considered in Item 2.3 (and are reconsidered below for ease of reference). The eight additional submissions received during the July re‑exhibition period are also addressed below.

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 63/2017(1) for Child Care Centre at Lot 194 DP 1007290 - 36-40 Turner Crescent, 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

SUBMISSIONS RECEIVED DURING THE JULY EXHIBITION PERIOD

Traffic issues previously expressed in submissions during March exhibition period

Comment: Traffic issues have been variously addressed Item 2.3. Council’s Development Engineer advises “[Council’s] Technical Services’ position on the proposal is still consistent with the original assessment in relation to traffic capacity of Turner Crescent, access arrangements, car park design and the McLaren Traffic assessment, subject to compliance with conditions.”

Access to the site via Molong Road would overcome traffic concerns

Comment: The applicant for the development application did not wish to proceed with an amended proposal to provide access to the site via Molong Road (notwithstanding in‑principal agreement from RMS for same). An amended proposal would need to be supported by revised architectural drawings (site, floor and elevation plans), updated Statement of Environmental Effects, details of landscaping/fencing treatment, acoustic report and traffic assessment in order to enable proper assessment of the application. The applicant requested that the development application be considered and determined in the form submitted.

As outlined in Item 2.3, RMS has provided in-principal agreement for a left turn only exit driveway to Molong Road. The applicant advised that they would be willing to accept a conditional approval to this effect. However, the applicant was unwilling to formally amend the application (with supporting drawings and documentation) to reflect the revised in-principal access arrangements. It is not possible to achieve an exit driveway to Molong Road based on the proposed site layout and building design. In the absence of an amended proposal and supporting drawings and documentation, the impacts of the proposal cannot be properly considered. Indeed, Council does not have the legal ability to impose conditions of consent to require such a substantial alteration to a development, where the impacts are uncertain. The applicant had advised they do not wish to amend the proposal to provide site egress to Molong Road, and requested that the application be considered and determined in the form submitted.

The proposed median at the site frontage will not overcome congestion and safety issues

Comment: This matter was addressed in Item 2.3. The proposed access arrangements (median) were reached by the proponent’s traffic consultant in conjunction with Council’s Development Engineer. The arrangements are considered suitable to achieve safe access to the development site. Council’s Technical Services Division has prepared a vehicle tracking plan that demonstrates site ingress to the development site and passing of vehicles.


 

Car parking for the development is inadequate and on-street parking will be required

Comment: As considered in Item 2.3, sufficient onsite parking is provided for the proposed child care centre. Onsite parking for the development is consistent with the requirements of Orange Development Control Plan 2004 and the Guide to Traffic Generating Development (Roads and Traffic Authority 2002). Notwithstanding, in order to overcome the potential for on-street parking associated with the development (and the perceived congestion and safety impacts), a condition is recommended that on-street parking is not permitted for any user of the child care centre. Access and parking arrangements to this effect shall be outlined in a plan of management, required for the approval of the Director Development Services.

The child care centre will adversely impact on neighbourhood amenity (traffic, noise, privacy, character, etc)

Comment: The impacts of the proposal on neighbourhood amenity were variously considered in Item 2.3. The development will broaden the function of the neighbourhood by introducing a non‑residential component. Indeed, the proposed child care centre comprises the only non‑residential landuse in the Turner Crescent/Cianfrano Place residential neighbourhood. Notwithstanding, child care centres are a permitted use in the R2 zone, and the proposal is considered to be complementary in this setting. Impacts of the development are considered to be within reasonable limits, consistent with applicable State and Local standards, and addressed by appropriate conditions of consent.

The submitted noise assessment contains anomalies/inadequacies

Comment: Noise impacts were considered in Item 2.3. Council’s Manager Building and Environment is satisfied with the content and recommendations of the DA Noise Assessment for Proposed Childcare Centre (Renzo Tonin & Associates February 2017). Conditions are recommended to address the requirements of the noise assessment.

It is requested that Council consider an access to the child care centre via the Northern Distributor Road

Comment: Council is not amenable to access via the Northern Distributor Road (NDR). Access to the NDR is deliberately restricted to existing intersections to ensure operation of the road as a distributor road. Notwithstanding, the proposal is not seeking consent for site access via the NDR.

The location of the centre on a ‘busy road’ is contrary to locational requirements for child care centres pursuant to NSW Government Draft Child Care Planning Guideline 2017 (namely, Design Criteria 3A which states: “A child care centre is not to be located on a site adjoining a high rise building, or a busy road, or an odour generating use or other potential health hazard if the centre cannot be designed to avoid negative health and amenity impacts to children and staff.”

Comment: Draft SEPP (Educational Establishments and Child Care Facilities) 2017 has recently been exhibited (February-April 2017). The proposed SEPP will (in part) align physical environmental requirements from the National Quality Framework for Early Childhood Education and Care Facilities into the NSW planning system.

In the interim, the proposed child care centre is subject to the National Quality Framework, and is not contrary to the provisions of the Draft SEPP.

The Draft Child Care Centre Planning Guideline 2016 contains matters to be considered by consent authorities when assessing DAs for centre based child care under the Draft SEPP. The proposal is not contrary to the Part 3 Matters for Consideration and Design Criteria contained in the Guideline. As outlined in the assessment under Item 2.3, Council staff are satisfied that local traffic conditions will not detrimentally affect the safety of children, staff or visitors to the child care centre. Furthermore, the site layout and building design will avoid potential/perceived negative health and amenity impacts associated with the site location on the NDR and Molong Road.

The submitted traffic report contains inconsistencies and errors

Comment: Council’s Technical Services Division are satisfied with the content and findings of the Traffic and Parking Impact Assessment (McLaren Traffic Engineering May 2017).

The proposed waste management arrangements are inadequate or unsuitable for a centre of this size

Comment: Waste management issues were addressed in Item 2.3. The proponent submits that the size of the waste storage facility is based on similar sized centres and waste generation rates, in the experience of the operator. This is acceptable to Council.

FURTHER INFORMATION

In consideration of the application, Council is referred to email correspondence from the applicant to Councillors dated 28 July 2017; and Memo to Councillors from Council’s Manager Development Assessments dated 28 July 2017.

SUMMARY

The proposed development does not contravene the applicable planning regime applying to the land. Impacts of the proposed child care centre are considered to be within reasonable limits, consistent with applicable State and Local standards, and addressed by appropriate conditions of development consent. Approval of the application is recommended.

 

Attachments

1          Notice of Approval, D17/43764

2          Submissions - second exhibition period, D17/43531

3          Vehicle tracking - site ingress, D17/43743

  


Planning and Development Committee                                                         1 August 2017

2.6                       Development Application DA 63/2017(1) - supplementary report - 36-40 Turner Crescent

Attachment 1      Notice of Approval

 

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

 

Development Application No DA 63/2017(1)

 

NA17/                                                                                             Container PR17415

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

 

Development Application

 

  Applicant Name:

Australian Childcare Solutions

  Applicant Address:

C/- Compass Planning Pty Ltd

PO Box 11

LAMBTON  NSW  2299

  Owner’s Name:

Australian Childcare Solutions Pty Ltd

  Land to Be Developed:

Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange

  Proposed Development:

Child Care Centre

 

 

Building Code of Australia

 building classification:

 

As determined by Certifier

 

 

Determination

 

  Made On:

1 August 2017

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

2 August 2017

Consent to Lapse On:

2 August 2022

 

Terms of Approval

 

The reasons for the imposition of conditions are:

 

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

(2)      To maintain neighbourhood amenity and character.

(3)      To ensure compliance with relevant statutory requirements.

(4)      To provide adequate public health and safety measures.

(5)      Because the development will require the provision of, or increase the demand for, public amenities and services.

(6)      To ensure the utility services are available to the site and adequate for the development.

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

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

 

 

 

 

Conditions

 

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

 

(a)      Plan/s numbered APMS-16004 - DA-000_G; DA-001_G; DA-100_H; DA-101_H; DA-200_G; DA-201_G; DA-300_G; DA-400_G; DA-500_G


 

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

 

as amended in accordance with any conditions of this consent.

 

 

PRESCRIBED CONDITIONS

 

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

 

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

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

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

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

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

 

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

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

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

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

 

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(5)      Finished levels in the car park shall match existing natural surface levels. Retaining walls to the northern and western site boundaries shall be deleted / amended, as required to achieve natural surface levels.

 

(6)      The enclosed refuse facility shall be relocated adjacent to the ‘service’ zone along the northern building façade.

 

(7)      Prior to the issue of a Construction Certificate, an amended plan depicted landscaping, fencing and retaining walls shall be submitted for approval of Council’s Director of Development Services. The plan shall incorporate details of all retaining walls and fencing proposed along the boundaries fronting the Northern Distributor Road, Mitchell Highway and Turner Crescent, together with a revised and appropriate selection of trees and shrubs suited to the Orange climatic conditions. Additional plantings shall be provided adjacent to the western and southern side boundaries and at the site frontage to Turner Crescent. The applicant shall liaise with Council’s Manager City Presentation regarding species selection.

 

(8)      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.


 

(9)      Prior to the issue of the Construction Certificate, an acoustic report is to be submitted to the Principal Certifying Authority and to Council confirming the type and location of any mechanical plant proposed to be installed.  The report shall confirm that the Leq15min noise level emitted from the cumulative noise impact of children playing indoors, mechanical plant and traffic on the site will not exceed the background noise by more than 5 dB(A) at the assessment location.  Where mitigation measures are required in order to achieve this noise goal, details of these measures are also to be provided within this report.

 

(10)    A 2.1m high treated timber paling fence of lapped and capped construction (minimum 35mm overlap of planks), with three horizontal support rails and no gaps so that it can perform as an effective noise screen shall be constructed along the southern and western boundary of the site, adjoining 42 Turner Crescent and 159 Molong Road.  The fence may as an alternative be constructed of masonry, or a combination of masonry and lapped and capped timber fencing.

 

The fence must reduce in height above existing ground level to not more than 1.0m in front of the existing curved building line created in in Turner Crescent between the front of the house at 42 Turner Crescent and the garage of 159 Molong Road. 

 

Plans shall be amended to provide details of the fence prior to the issue of a Construction Certificate.

 

(11)    Engineering plans providing complete details of the proposed Turner Crescent traffic island, line marking and pavement resurfacing, Mastronardi Way line marking, childcare centre driveway and car-parking areas is to be submitted to Orange City Council 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. The plans shall also include the following details:

·    Turner Crescent raised traffic island as per McLaren Traffic Engineering plan 2017-25A-03A from report 17254.01FA dated 12 May 2017 including construction details, line marking and signage;

·    Mastronardi Way line marking details as per McLaren Traffic Engineering plan 2017-25A-05A from report 17254.01FA dated 12 May 2017;

·    Carpark driveway entry / exit raised central splitter island as per McLaren Traffic Engineering plan 2017-25A-03A from report 17254.01FA dated 12 May 2017 including construction details, line marking and signage;

·    A full width reseal in 30mm AC10 asphalt of Turner Crescent for the frontage of the development, as defined by the kerb tangent points located on the inside of the bend;

·    Carpark layout generally as per drawing number DA-100-G with the following amendments:

o Parking spaces numbered 1 to 11 to be clearly identified by signage or line marking as ‘staff parking only’;

o Turning bay to be clearly identified by signage or line marking as ‘turning bay’;

o Turning bay to be widened to 3.6m by including 1.0m central aisle extension;

o Central aisle and parking spaces 17 to 30 to be widened to dimensions specified for User Class 3A in figure 2.2 of AS 2890.1.

 

(12)    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.

 

(13)    The development’s stormwater design is to include stormwater detention within the development, designed to limit peak outflows from the land to the pre-existing natural outflows up to the 100 year ARI frequency, with sufficient allowance in overflow spillway design capacity to safely pass flows of lower frequency (that is, a rarer event) without damage to downstream developments. Where appropriate, the spillway design capacity is to be determined in accordance with the requirements of the Dam Safety Committee.


 

The design of the detention storage is to be undertaken using the ILSAX/DRAINS rainfall-runoff hydrologic model or an approved equivalent capable of assessing runoff volumes and their temporal distribution as well as peak flow rates. The model is to be used to calculate the flow rates for the existing and post-development conditions. The developed flows are to be routed through the proposed storage within the model so that the outflows obtained are no greater than the flows obtained for the pre-existing natural flows.

 

A report detailing the results of the analysis, which includes:

·    catchment plan showing sub-catchments under existing and developed conditions;

·    schematic diagram of the catchment model showing sub areas and linkages;

·    tabulation detailing the elevation, storage volume and discharge relationships; and

·    tabulation for the range of frequencies analysed, the inflows, outflows and peak storage levels for both existing and developed conditions;

 

together with copies of the data files for the model and engineering design plans of the required drainage system are to be submitted to Orange City Council upon application for a Construction Certificate.

 

(14)    The existing sewer manhole on the northern boundary is to be raised to the design finished surface level. Prior to a Construction Certificate being issued engineering plans for this work are to be submitted to and approved by Orange City Council.

 

(15)    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.

 

(16)    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 6.44 ETs for water supply headworks and 11.4 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.

 

 

PRIOR TO WORKS COMMENCING

 

(17)    Where any existing fencing at the perimeter of the site needs to be removed, or is of a type which does not ensure the occupants of any adjoining residence adequate privacy, new fencing of the type shown on the approved development application plans, or as referred to elsewhere in this Notice, shall be erected prior to any building or construction work being carried out upon this development.

 

(18)    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 onsite.

 

(19)    A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.

 

(20)    The location and depth of the sewer junction/connection to Council’s sewerage system is to be determined to ensure that adequate fall to the sewer is available.

 

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


 

DURING CONSTRUCTION/SITEWORKS

 

(22)    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 Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

 

(23)    A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority.

 

(24)    All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

 

(25)    No portion of the building - including footings, eaves, overhang and service pipes - shall encroach into any easement.

 

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

 

(27)    The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

 

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

 

(28)    All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code.

 

(29)    A heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed in the position shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code.

 

(30)    A 1.2m wide concrete footpath is to be constructed for the full frontage of the development to Turner Crescent. The footpath is to be located and constructed in accordance with the Orange City Council Development and Subdivision Code.

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(31)    Landscaping shall be installed in accordance with the approved amended landscape design and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments. Fencing along the boundaries fronting the Northern Distributor Road and the Mitchell Highway shall be in accordance with the approved landscape design.

 

(32)    A total of 31 off-street car parking spaces shall be provided upon the site in accordance with the approved plans, the provisions of Development Control Plan 2004, and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

 

(33)    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.


 

(34)    Finished ground levels are to be graded away from the buildings and adjoining properties and must achieve natural drainage. The concentrated flows are to be dispersed down slope or collected and discharged to the stormwater drainage system.

 

(35)    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.

 

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

 

(37)    The cut and fill is to be retained and/or adequately battered and stabilised (within the allotment) prior to the issue of an Occupation Certificate.

 

(38)    The applicant shall provide Council with an Operational Management Plan (or a Plan of Management), to be submitted and approved by Council’s Manager of Development Assessment, relating to the childcare operations. The Operational Management Plan shall include measures to mitigate odours and fumes that could be emitted from the waste storage area. The Operational Management Plan must also include the frequency of service vehicle types to the site (excluding waste management services) and should also address the following matters:

(a)   hours of operation.

(b)   management of early/late arrivals.

(c)   delivery times for various components of the operation.

(d)   general client rules.

(e)   management issues such as external lighting, maintenance of the site and the like.

(f)    complaints handling procedures and contact person.

 

          The Operational Management Plan approved by Orange City Council under this condition must be complied with at all times. Any proposed amendments to the Operational Management Plan should be notified to and approved by Orange City Council.

 

          The Operational Management Plan must include a Noise Management Plan (NMP) in accordance with the Association of Australian Acoustical Consultants Technical Guideline – Childcare Centre Noise Assessment, detailing how the childcare centre will manage noise from children, vehicles on site and out of hours drop off/collections. The NMP must demonstrate how operational noise (including noise from plant; parents and children entering/leaving the site; waste collection, deliveries and general access is to be managed. The NMP must detail how acoustic restrictions will be enforced as part of the development. The NMP approved under this Condition is to be complied with at all times. Any proposed amendments to the NMP are to be notified to and approved by Orange City Council.

 

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

 

(40)    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, works on public roads, 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, and that Council will take ownership of the infrastructure assets.

 

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

 


 

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

 

(42)    On-street car parking in Turner Crescent is not permitted for any user of the child care centre. Staff parking and drop-off/pick-up in Turner Crescent is not permitted.

 

          The parking and access arrangements shall be identified in a plan of management for the child care centre, and submitted to Council for approval of the Director Development Services one week prior to the commencement of operation.

 

(43)    A separate development application shall be submitted to and approved by Council prior to the erection of any advertising structures or signs of a type that do not meet the exempt development provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

(44)    External lighting of the site and building shall be designed and installed to comply with Australian Standard 4282:1997 Control of the obtrusive effects of outdoor lighting.

 

(45)    Commercial/service vehicles shall not exceed a B99 utility or courier van. Service vehicle un/loading activities shall be wholly contained within the subject land.

 

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

 

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

 

(48)    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.

 

(49)    Hours of operation of the childcare centre shall be between the hours of 7.00am and 6.00pm, Monday to Friday.

 

(50)    The physical noise mitigation measures and operational management plans for the childcare centre shall be maintained for the duration of the development.

 

(51)    The operation of the development shall be fully in accordance with the approved Operational Management Plan, Noise Management Plan and the recommendations of the Renzo Tonin and Associates’ Noise assessment report dated 23 February 2017 and the additional acoustic report developed relating to the installation of mechanical plant required by this consent.

 

(52)    The Leq,15min noise level emitted from the cumulative noise impact of mechanical plant and traffic on the site shall not exceed the background noise level by more than 5bB(A) at the assessment location.

 

(53)    The number of children that may be in the outdoor play area must not exceed 124 at any one time.

 

(54)    Where the cumulative outdoor play time of children at the centre does not exceed more than two hours per day, the Leq,15min noise level emitted from the outdoor play area(s) shall not exceed the background noise level by more than 10dB(A) at the assessment location.

 

(55)    Where the cumulative outdoor play time of children at the centre exceeds two hours per day, the Leq,15min noise level emitted from the outdoor play area(s) shall not exceed the background noise level by more than 5dB(A) at the assessment location.

 

(56)    All windows and doors shall be closed during the use of indoor areas of the centre.


 

(57)    Signage shall be erected at appropriate, prominent locations, to advise the following:

(i)    That staff and parents converse at a very low volume;

(ii)    That parents not call out to their children when delivering or collecting their children; and

(iii)   That gates not be slammed.

 

(58)    The performance of the development in terms of noise, shall be verified through testing at nearby receivers (including future receivers on adjoining vacant residential land) within six (6) months of the occupation of the building.  The applicant shall provide Council with a copy of the Verification Report and also certification that any additional mitigation works identified in the report have been completed.

 

 

 

 

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:

 

DAVID WADDELL - DIRECTOR DEVELOPMENT SERVICES

 

Date:

 

2 August 2017

 

 


Planning and Development Committee                                                    1 August 2017

2.6                       Development Application DA 63/2017(1) - supplementary report - 36-40 Turner Crescent

Attachment 2      Submissions - second exhibition period

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator



Planning and Development Committee                                                                          1 August 2017

2.6                       Development Application DA 63/2017(1) - supplementary report - 36-40 Turner Crescent

Attachment 3      Vehicle tracking - site ingress

PDF Creator