Agenda of Planning and Development Committee

Planning and Development Committee 6 March 2018

2.2 Development Application DA 212/2017(1) - 13, 15 and 17 Colliers Avenue

RECORD NUMBER: 2018/245

AUTHOR: Daniel Drum, Senior Planner

EXECUTIVE Summary

Application lodged	13 June 2017
Applicant/s	Lovick Engineering
Owner/s	Mrs VM Lovick and Lovick SF Pty Ltd
Land description	Lots 34, 35 and 36 DP 1035913 – 13,15 and 17 Colliers Avenue, Orange
Proposed land use	General Industry and Business Identification Signage
Value of proposed development	$3.9 million

Council's consent is sought for the use and development of a General Industry and Business Identification Signs at 13-17 Colliers Avenue, Orange, being Lots 34, 35 and 36 DP 1035913 (the ‘subject property’).

The subject property is located within the Narrambla Industrial Estate, approximately 100m south of the intersection of Astill Drive and Colliers Avenue, immediately adjacent to the Northern Distributor Road.

Figure 1: locality plan

The subject property comprises a total area of 13,641m²(1.36ha) in regular shape. The property is currently vacant, save for an electricity substation located in the north‑eastern corner.

The proposed development is intended to provide a new facility for an existing engine reconditioning business which has outgrown its existing premises in central Orange.

In particular, the proposed development will involve the construction of a 6,189.4m²shed purposively designed for the machining, rebuilding and reconditioning of engines. The operation of the business would involve a minimum of 16 full time employees performing mechanical and administrative duties. The proposed operating hours are 7am‑10pm, Monday to Saturday.

Notably, the applicant has proposed that the development occur in four separate stages. The staging of development is illustrated in the attached design plans.

The key issues for consideration include the visual impact of the proposed building, particularly when viewed by motorists from the Northern Distributor Road, and potential off-site impacts on proximate residential areas, particularly potential noise impacts.

Subject to meeting the recommended conditions of consent, the proposed use and development are considered to be consistent with the relevant aims, objectives and planning outcomes of Orange Development Control Plan 2004 and Orange Local Environmental Plan 2011.

The following assessment identifies that the proposed use and development should be supported.

DECISION FRAMEWORK

Development in Orange is governed by two key documents - Orange Local Environment Plan 2011 and Orange Development Control Plan 2004. In addition the Infill Guidelines are used to guide development, particularly in the heritage conservation areas and around heritage items.

Orange Local Environment Plan 2011 – the LEP should be considered by Council to be a definitive document. LEPs govern the types of development that are permissible or prohibited in different parts of the City and also provide some assessment criteria in specific circumstances. Uses are either permissible or not - there are no grey areas in terms of permissibility. The objectives of each zoning and indeed the aims of the LEP itself are, however, open to interpretation and can be used to guide decision making around appropriateness of development.

Orange Development Control Plan 2004 – the DCP guides development. In general it is a performance based document rather than prescriptive in nature - its purpose is to guide development. The Land and Environment Court tends to view it as such. In each area of interest there are often guidelines used. These guidelines indicate ways of achieving the planning outcomes. It is thus recognised that there may also be other solutions of merit. All design solutions are considered on merit by planning and building staff. Applications should clearly demonstrate how the planning outcomes are being met where alternative design solutions are proposed. So one can see that the DCP gives leeway for developers and architects to use design to achieve the outcome in other ways if they can. Stating that DCP guidelines are inflexible can be misleading.

Director’s Comment

As discussed in the body of this report the applicant has suitably demonstrated that the development is acceptable in this case with no significant DCP departures.

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 212/2017(1) for General Industry and Business Identification Signage at Lots 34, 35 and 36 DP 1035913 - 13, 15 and 17 Colliers Avenue, 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/PROPOSAL

Council's consent is sought for the use and development of a General Industry and Business Identification Signs at 13-17 Colliers Avenue, Orange being Lots 34, 35 and 36 DP 1035913.

Use

The proposed General Industry is intended to provide for an existing engine reconditioning business which is seeking to relocate from its existing premises in central Orange.

The supporting information submitted with the development application indicates that core activities associated with the engine reconditioning business include:

- rebuilding and dyno testing of engines

- crankshaft grinding and rebuilding

- cylinder block machining

- cylinder head servicing

- office and administrative services.

It is understood that a number of other ancillary activities are also undertaken as part of the day-to-day operation of an engine reconditioning business.

The supporting information indicates that the existing business employees 16 full time staff, and utilises six utilities and one medium rigid truck for daily collection and delivery requirements. Other vehicle movements typically include 6-8 semi-trailer movements per week, 20 medium/heavy rigid truck movements per week and daily customer and light commercial vehicle movements.

It is understood that employee numbers and vehicle movements would increase with the expansion of the business into the proposed facility.

The proposed operating hours of the General Industry are 7am-10pm, Monday to Saturday.

Development

The proposed development involves the construction of an industrial scale building within the central portion of the subject property.

The proposed building would have a maximum length of 110m (north-south), a maximum width of 55m (east-west) and a maximum height of 13.3m (ridge height).

The building would generally be finished in a combination of concrete tilt panel, Colorbond wall/roof sheeting and translucent wall and roof sheeting, with a predominant colour scheme of Colorbond ‘Windspray’ and ‘Shale Grey’. The north-eastern corner of the building, which contains the offices and amenities areas, would be distinguished from the balance of the building through the use of alternative materials and colours, and simple design features such as windows.

The proposed building would contain a workshop in the order of 5,790m²and office/amenities in the order of 230m². The workshop would consist of a combination open workspace, dyno rooms, a turbo room, paint and blast rooms and wash bays. The office and amenities would consist of an open plan office, individual offices, amenities, training and conference rooms, and a reception area.

Other features of the proposed development include two underground storage tanks, holding 60,000L and 120,000L respectively, air compressors, oil separators, dust extractors, two cooling towers, 62 car parking spaces and perimeter landscaping.

EXISTING CONDITIONS

The existing conditions of the subject property are illustrated in Figures 2-4 below:

Figure 2: the subject property - existing conditions

Figure 3: the subject property - existing conditions

Figure 4: the subject property - existing conditions

SURROUNDING USE AND DEVELOPMENT

The subject property adjoins 19 Colliers Avenue to the north and 11 Colliers Avenue to the south. 11 Colliers Avenue has been developed for the purpose of a Warehouse, including office and showrooms, while 19 Colliers Avenue is a vacant property.

Other properties proximate to the subject property have typically been developed for an industrial purpose. The subject property is located within 65m (approximately) of residential properties and land zoned for a residential purpose in the Discovery Hill area, located to the immediate west of the Northern Distributor Road.

The existing conditions of proximate properties are demonstrated in Figures 5-10 below:

Figure 5: 11 Colliers Avenue

Figure 6: 9 Colliers Avenue

Figure 7: 4 Colliers Avenue

Figure 8: 5 Colliers Avenue

Figure 9: 6 Colliers Avenue

Figure 10: 14 Colliers Avenue

MATTERS FOR CONSIDERATION

Section 1.7 Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994

From 25 August 2017, the Biodiversity Conservation Act 2016 and Biodiversity Conservation Regulation 2017 were gazetted. The implementation of this legislation (and supporting guidelines) is subject to savings provisions that defer their full effect for a period of six months from the date of gazettal for local development.

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

Section 4.15 - Evaluation

Section 4.15 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 s4.15

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The aims of the Orange Local Environmental Plan 2011 (‘OLEP 2011’) 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,

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

(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 OLEP 2011.

Clause 1.6 - Consent Authority

Clause establishes that Council is the consent authority for the purpose of OLEP 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 by the Council or that the Council requires to be imposed;

· any prescribed instrument with 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 within the meaning of the Native Vegetation Act 2003;

· any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995;

· any planning agreement within the meaning of Division 6 of part 4 of the Act.

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

A search of Council’s records shows that the eastern boundary of the subject property is affected by an easement of variable width to drain sewage. The easement is to the benefit of Orange City Council. Lot 36 is also affected by an easement for the purpose of a substation to the benefit of Country Energy.

In addition, the subject property is affected by two restrictive covenants, being Covenant B100661 (denoted (C) on the plan) and Covenant G217815 (denoted (B) on the plan). Covenants B100661 and G2317815 preclude the affected portion of the subject property from being used for the purpose of a slaughter yard, brickyard or graveyard or any other ‘noxious noisome or offensive trade or business’.

The abovementioned easements and covenants are shown in Figure 11 below:

Figure 11 - DP 1035913 (extract)

Clause 1.7 - Maps

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 2,000m2
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:	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 property is zoned IN1 General Industrial (Figure 12).

Figure 12 - zone context plan - subject property denoted by heavy black line

The objectives of the IN1 General Industrial zone are:

· 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.

The proposed use and development is defined as General Industry. Under OLEP 2011 General Industry means:

“… a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.”

Further, under OLEP 2011 industrial activity means:

“… the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.”

General Industry is permissible within the IN1 General Industrial zone and is consistent with the objectives of the zone.

Part 7 - Additional Local Provisions

7.1 - Earthworks

Clause 7.1 seeks to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land; and to allow earthworks of a minor nature without requiring separate development consent.

Development consent is required for earthworks unless the earthworks are exempt development under this plan or another applicable environmental planning instrument, or the earthworks are ancillary to other development for which development consent has been given.

Before granting development consent for earthworks, the consent authority must consider the following matters:

(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;

(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 plans submitted with the development application identify that the extent of earthworks associated with the development are in the order of 3m cut and 2m fill (approximately) from the existing Natural Ground level (NGL). The proposed works are generally required to establish a consistent Finished Floor Level within the building and an appropriate grade for the external car parking and circulation/manoeuvring areas. The earthworks are considered ancillary to the proposed development and do not require further assessment.

It is considered unlikely that the proposed development would disrupt or have a detrimental effect on the existing drainage patterns and soil stability of the area, detrimentally affect a future use or development of the land, detrimentally affect the amenity of adjoining properties, or disturb any relics.

As the subject property is located within the vicinity of an area of naturally occurring asbestos, Council’s Building Surveyor has recommended a condition of consent requiring that an asbestos management plan for the site be prepared in accordance with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011.

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.

Council’s Development Engineer have indicated that there is no requirement for stormwater retention. Attached are relevant conditions requiring the development to be connected to Council’s reticulated stormwater system for this precinct.

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

Notwithstanding, Council’s Development Engineer has recommended a condition of consent requiring that, 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.

7.11 - Essential Services

Clause 7.11 - Essential Services provides that development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required.

Essential services include the supply of water; the supply of electricity; the disposal and management of sewage; stormwater drainage or onsite conservation; and suitable road access.

Councils Development Engineer has advised that all essential services are available to the subject property. Relevant conditions addressing matters pertaining to the provision of essential services have been recommended.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 - Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) requires that a consent authority must not consent to the carrying out of development of land unless it has considered whether the land is contaminated, is satisfied that the land is suitable in its contaminated state for the development that is proposed, and if the land requires remediation, it can be made suitable for the proposed development.

Furthermore, SEPP 55 requires that before determining an application to carry out development that would involve a change of use of land (specified in subclause 4), the consent authority must consider a preliminary investigation of the land concerned.

The subject property is currently vacant, having been developed as part of the Narrambla Business Park in the early 1990s.

Prior to being developed for an industrial purpose, it is understood that the Narrambla area was typically used for the purpose of general agriculture, with the exception of a small slaughterhouse.

There is no evidence on the site of any form of contamination associated with the former agricultural use of the area. Further, based on the officer report to DA 102/2007(1), it is understood that the slaughterhouse was located in excess of 150m north of the subject property.

On this basis, it is considered unlikely that the subject property would be contaminated.

State Environmental Planning Policy - Infrastructure

State Environmental Planning Policy (Infrastructure) 2007, Section 45 Determination of development application – other development, identifies that the Consent Authority must give written notice to the electricity supply authority for development carried out immediately adjacent to an electricity substation and take into consideration any response to the notice that is received within 21 days after notice is given.

The development application was referred to Essential Energy on the basis that the subject property contains an electricity substation. Essential Energy provided Council with a written response indicating that, strictly based on the submitted plans, Essential Energy has no comments to make regarding potential safety risks arising from the proposed development.

Notwithstanding, Essential Energy has made a number of general comments which have been included as an Advisory Note on the Notice of Determination.

State Environmental Planning Policy 64 - Advertising and Signage

The proposed development involves the erection of four Business Identification Signs to be located on the western, northern and eastern elevations of the proposed building. Each sign includes the text: Lovick Diesel and Gas Specialists.

The proposed Business identification signs are consistent with the intent of the assessment criteria set out in Schedule 1 Assessment Criteria of SEPP 64, which deal with the character of the area; special areas; views and vistas; streetscape, setting or landscape; site and building; associated devices and logos; illumination and safety.

In particular, it is considered that:

Character of the Area: The proposed signs are generally consistent with existing signage within the Narrambla Industrial Estate (see Figures 7 and 10 above).

Special Areas: The Narrambla Industrial Estate is not part of, and does not contain, any special area which the proposed signs would detract from.

Views and Vistas: The proposed signs are to be flat mounted against the proposed shed and would not obscure or compromise any important view or dominate the skyline. The proposed signs do not affect the viewing rights of any other advertiser.

Streetscape, Setting or Landscape: The proposed signs are generally consistent with the character of the typical streetscape within the Narrambla Industrial Estate.

Site and Building: The proposed signs are consistent with the scale of the proposed building.

Associated Devices and Logos: There are no other safety devices, platforms, lighting devices or logos associated with the proposed signs.

Illumination: The proposed business identification signs will not be illuminated.

Safety: The proposed business identification signs are unlikely to reduce the safety of any public road, or that of pedestrians or cyclists.

State Environmental Planning Policy 33 - Hazardous and Offensive Development

State Environmental Planning Policy 33 - Hazardous and Offensive Development (SEPP 33) identifies that in determining whether a development is a hazardous storage establishment, hazardous industry or other potentially hazardous industry; or an offensive storage establishment, offensive industry or other potentially offensive industry, consideration must be given to current circulars or guidelines published by the Department of Planning relating to hazardous or offensive development. The applicable guideline is the Hazardous and Offensive Development Application Guidelines Applying SEPP 33 (SEPP 33 Guidelines).

Potentially Hazardous Industry

The SEPP 33 Guidelines set out a risk screening method for potentially hazardous industry which principally requires consideration of all hazardous materials on the site, classification of each material, mode of storage, distance of the stored material from the site boundary, and the average number of annual and weekly road movements of hazardous material to and from the facility, including typical quantities of each load.

Supporting information submitted with the development application indicates that a maximum of 220kg of Class 8 Packing Group II/III materials would be stored onsite, and that the average number of deliveries per year would be in the order of eight, with a typical load sized in the order of 10 to 12.5kg.

The volume of materials to be stored onsite and number of deliveries required is well below the risk screening threshold for potentially hazardous industry.

Potentially Offensive Industry

The SEPP 33 Guidelines identify that the key consideration of a potentially offensive industry is that the consent authority is satisfied there are adequate safeguards to ensure that emissions from a facility can be controlled at levels which are not significant.

Based on the conditions of consent recommended by Council’s Environmental Health and Building Surveyor, it is considered that proposed development is not a potentially offensive industry.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s4.15

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 s4.15

Development Control Plan 2004

Development Control Plan 2004 (the “DCP”) applies to the subject property. Chapters of the DCP relevant to the proposed use and development include:

· Chapter 0 - Transitional Provisions;

· Chapter 2 - Natural Resource Management;

· Chapter 3 - General Considerations;

· Chapter 9 - Development in the Industry and Employment Zone;

· Chapter 10 - Special Uses and Road Zones; and

· Chapter 15 - Car Parking.

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

CHAPTER 0 - TRANSITIONAL PROVISIONS

Section 0.2 - General Translation of Zones

Clause 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 IN1 General Industrial zone corresponds with the former zone 4 - Industry and Employment.

Section 0.4 Former LEP Matters

0.4-10 Interim Planning Outcomes - Residential Proximity

Clause 0.4-10 - Interim Planning Outcomes - Residential Proximity identifies that industrial development has the potential to generate adverse impacts on surrounding land and therefore must be designed and operated in a manner that minimises such impacts. This is particularly relevant where industrial land adjoins or is in proximity to residential land.

This clause applies to development on land within 800m of residential zones or established dwellings in any zone.

Specific objectives and planning outcomes include the following:

Objectives

1 To preserve reasonable levels of residential amenity for existing and future residents.

2 To protect the character of residential areas from intrusive or obnoxious development.

Planning Outcomes

1 The design of industrial and commercial development is consistent with nearby residential areas in terms of design, siting and landscaping.

2 The hours of operation, traffic and noise generation do not interfere with reasonable expectations of residential amenity.

3 Noise-generating activities are contained within the building where practicable.

4 Industrial air conditioning compressors are shielded to direct noise away from residential development.

5 Car park and security lighting is positioned and shielded to prevent direct light spill onto residential properties.

6 Measures to prevent dust, odour and chemical spray from reaching or affecting residential properties must be demonstrated.

7 The design must demonstrate how residential privacy and solar access will be maintained.

The subject property is located within 65m (approximately) of residential properties and land zoned for a residential purpose in the Discovery Hill area, located to the immediate west of the Northern Distributor Road.

Supporting information submitted with the development application indicates that the proposed development would not have an unacceptable impact on proximate residential areas for the following reasons:

Noise

An operational noise impact assessment was submitted with the development application. The operational noise impact assessment concludes that the predicted operational noise levels associated with the development comply with the established noise criterion during the daytime, and exceed the evening criterion up to 1dB at the existing residential receivers. The operational noise impact assessment states that a 1dB exceedance is considered negligible, and should not warrant mitigation.

Further, the operational noise impact assessment concludes that the predicted operational noise levels would comply with the criteria at future residential receivers to the north of the existing receivers on the basis that a 1.8 metre boundary fence is established.

Council’s Environmental Health and Building Surveyor has commented that the noise assessment is very conservative and predicts a higher level of noise impact than will most likely occur. He further states that consultation between the applicant’s acoustician and Council’s Manager of Building and Environment has confirmed the overly conservative approach, with the impact of the proposed development unlikely to be detrimental to current and future residents on the western side of the Northern Distributor Road. Notwithstanding, a condition of consent has been recommended requiring that a Commissioning Report is to be submitted to Council verifying that the development, when operating, complies with the predicted noise levels of the operational noise impact assessment within three months of the issue of any Occupation Certificate for each stage of the development.

A condition of consent has also been recommended requiring that emitted noise shall not exceed 5dB(A) above background sound level measured at the nearest affected residence.

Air Quality (Dust, Odour and Chemical Spray)

The supporting information submitted with the development application identifies that the proposed development will include the following measures to minimise impacts on air quality:

- All painting is to occur within spray booths fitted with filters and extractors to satisfy industry and environmental standards for internal and external air quality;

- An approved dust extraction system would be installed and fitted with filters and extractors to satisfy industry and environmental standards for air quality; and

- Relevant equipment would be fitted with dust extraction and collection units to maintain external air quality.

Notwithstanding the foregoing commitments, Council’s Environmental Health and Building Surveyor has commented that if the proposed cooling tower is not managed properly, it could be a significant health hazard. As such a condition of consent is recommended requiring the cooling tower to be registered prior to occupation.

Further, Council’s Environmental Health and Building Surveyor has recommended a condition of consent requiring that the proposed spray painting booths be designed, installed and maintained in accordance with the applicable Australian Standard.

Light Spill

The plans submitted with the development identify some external lighting, which is unlikely to have a detrimental impact on proximate residential properties. Notwithstanding, it is recommended that a condition of consent be applied requiring that any external lighting is to be positioned and/or shielded to prevent direct light spill onto any residential property.

Residential Privacy and Solar Access

Given the location of the subject property and its substantial separation from residential properties, it is considered that the proposed development will not have a detrimental impact on residential privacy and solar access.

Design

Given that the subject property is located within a developing industrial estate and is physically separated from the Discovery Hill residential area by the Northern Distributor Road, it is considered that it is unnecessary that the design, siting and landscaping of the proposed development be consistent with the residential area.

0.4-11 - Interim Planning Outcomes - Transport Routes

Clause 0.4-11 Interim Planning Outcomes - Transport Routes identifies that development alongside roads that convey a high volume of traffic needs to be appropriately designed and managed to ensure that the safe and efficient operation of the local road network is not compromised. Additionally, the visual treatment of development alongside arterial and other important roads plays a significant role in the impression that residents and visitors have of the area.

This clause applies to all land adjoining an arterial road, distributor road, major collector roads and Cadia Road.

Specific objectives and planning outcomes include the following:

Objectives

1 To ensure the continued safe and efficient operation of arterial and other important road corridors.

2 To alleviate traffic flows on high volume routes whenever feasible.

3 To promote a high level of urban design on land exposed to significant volumes of traffic, cyclists and pedestrians.

Planning Outcomes

1 The development provides a high standard of visual appeal to motorists, cyclists and pedestrians as well as adjoining properties.

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

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

4 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.

5 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.

6 Where on-site customer parking is provided that is not immediately visible from a public road clear and unimpeded directional signage must be displayed.

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

Given that the subject property was created as part of the Narrambla Industrial Estate, with vehicle access designed to be provided from Colliers Avenue via Astill Drive, it is considered that the safe and efficient operation of the Northern Distributor Road has been adequately addressed and requires no further assessment.

Accordingly, the key planning objective is considered to be whether or not the proposed development achieves and appropriate level of urban design for a property which is exposed to significant volumes of traffic.

Notably, other sections of Orange DCP 2004 also include objectives and planning outcomes which seek to inform appropriate urban design on land proximate to the Northern Distributor Road, including Section 9.3 - Design and Siting of Industrial Development and Section 10.3 - Development Along Major Transport Routes.

A key planning outcome of Section 9.3 includes:

· 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.

Key planning outcomes of Section 10.3 include:

· Development on land fronting and visible from a major road or distributor road provides for quality design on the highway and/or distributor road through landscaping, building setbacks façade design, external colours and materials and siting.

· Commercial buildings adjoining a distributor road are setback from the property boundary by at least 10m.

While not explicit in the foregoing outcomes, the provisions of the DCP have previously been interpreted as requiring that all industrial buildings be set back a minimum of 10m from the Northern Distributor Road. This interpretation is likely to stem from the background information contained within Section 9.3 of Orange Development Control Plan 2004.

Supporting information submitted with the development application contends that the proposed development would achieve an appropriate level of urban design through a combination of architectural design features, appropriate siting and a landscaped perimeter treatment.

In general, it is accepted that the proposed development will achieve an appropriate level of urban design in its context. However, it is considered that further consideration should be given to the southernmost section of the proposed building, which has a maximum height of 13m (ridge height), being 3m higher than the balance of the building.

While not being as high as some buildings within the Narrambla Industrial Estate, it is considered that the southern elevation of the proposed building would be substantially more prominent than other industrial development located immediately adjacent to the Northern Distributor Road, and that it would form a dominant visual element to motorists travelling north along the Northern Distributor Road.

In this regard, it is recommended that a condition of consent be applied requiring that additional landscaping be provided within the Northern Distributor Road reserve to partially screen and soften the visual impact of the southern elevation of the building, particularly to motorists travelling north.

In addition, it is noted that some ancillary components of the proposed building, such as air compressors, oil separators and dust extraction units, are located adjacent to the western elevation of the proposed building and in the order of 9.4m from the common boundary with the Northern Distributor Road. While Orange DCP 2004 requires a setback of 10m from a property boundary adjoining the Northern Distributor Road, it is accepted that the 10m setback should incorporate the 5m wide Public Reserve which separates the subject property from the Northern Distributor Road corridor. As such, a boundary setback of 9.4m is accepted in this instance.

CHAPTER 2 - NATURAL RESOURCE MANAGEMENT

Section 2.1 - Water Quality

Section 2.1 - Water Quality identifies that development that concentrates, redirects flows, increases flow rates or disturbs land in close proximity to creeks, has the potential to affect waterways with associated erosion, sedimentation and release of nutrients, which combine to affect downstream water quality. Section 2.1 also identifies that development involving groundwater extraction and/or onsite wastewater disposal is deemed to have the potential to affect groundwater resources.

Specific planning outcomes for stormwater and groundwater quality include:

Planning Outcomes - Stormwater

1 Development is carried out in a manner that does not contribute to downstream erosion or sedimentation of waterways.

2 Development complies with the Water and Soil Erosion Control requirements of the Development and Subdivision Code.

3 Onsite detention is carried out in accordance with the Development and Subdivision Code for all developments comprising buildings with a site coverage greater than 50m² or where site coverage exceeds the “percentage impervious” level listed in the Code applicable to that development.

4 Where onsite detention is not appropriate, contributions are made towards retarding basins and/or GPTs and associated drainage under the Contributions Plan that applies to the land.

5 Development in the vicinity of a natural watercourse is positioned away from the waterway and includes measures to minimise the impact of the development on the waterway such as the establishment of Creekside buffer zones and planting of native trees in a manner that enhances stream bank stability.

Planning Outcomes - Groundwater

1 Development applications for development (excluding dwelling houses) that proposes to extract groundwater or involve on-site wastewater disposal identify potential risks to, and management of, groundwater resources.

2 Development is carried out in a manner that does not adversely affect groundwater resources.

3 Development considered by Council to have the potential to significantly affect groundwater quality incorporates a monitoring program and provides test results for NATA – accredited laboratory to Council for review and for inclusion in the City SoE Reports.

4 Development that requires or proposes the use of groundwater demonstrates that the groundwater extraction will meet the requirements of DLWC, where necessary.

Council’s Development Engineer has not recommended that any specific conditions of consent be applied with regard to groundwater. The applicant will be required to connect the subject development to Council’s reticulated stormwater system. Conditions to this effect have been recommended.

The proposed development is not anticipated to involve the discharge of toxic or noxious substances and is unlikely to cause groundwater contamination or have an adverse effect on groundwater dependant ecosystems.

Section 2.2 - Soil Resources

Section 2.2 - Soil Resources identifies that soil characteristics influence land use and development capability. Soil characteristics determine the suitability for footings, onsite waste disposal, road engineering and drainage. Shallow soils affect construction and onsite wastewater disposal solutions.

Planning Outcomes

1 Development complies with the Water and Soil Erosion Control requirements of the Development and Subdivision Code.

2 Sites affected by soil degradation are restored in accordance with management strategies to be submitted with development proposals.

3 Agricultural practices apply conservation farming techniques particularly within the water supply catchments and in areas susceptible to significant erosion hazard.

4 A geotechnical investigation is carried out by a NATA-accredited laboratory that identifies and classifies all new residential lots for dwelling houses in accordance with AS 2870-1996 Residential Slabs and Footings Construction.

5 A geotechnical investigation is undertaken that determines the suitability of land for on-site disposal of sewage effluent in accordance with Environmental Health protection Guidelines: On-site Sewage management for Single Households where appropriate.

6 Non-agricultural activities in rural areas are carried out on less-productive soils.

Council’s Development Engineer has recommended a condition of consent requiring that a water and soil erosion control plan is to be submitted for approval prior to the issue of a Construction Certificate, and that the development is to be in accordance with the Orange City Council Development and Subdivision Code.

Section 2.3 Vegetation and Section 2.4 - Flora and Fauna, Biodiversity

Section 2.3 - Vegetation and Section 2.4 - Flora and Fauna, Biodiversity identify that the natural environment of the Orange LGA has been heavily modified as a consequence of land clearing for various uses, including agriculture, plantation forests, mining and urban development; and that clearing of native vegetation has significantly affected native habitats.

Specific planning outcomes for vegetation and flora, fauna and biodiversity include:

Planning Outcomes - Vegetation

1 Compliance with the Native Vegetation Conservation Act 1997.

2 Development is designed and constructed in a way that minimises the impact on existing vegetation.

3 Particular attention is given to the effect of rural or urban residential release development on existing vegetation and scenic areas.

4 Development applications indicate on plans the location of all significant trees affected by or in the vicinity of development.

5 Applications demonstrate to Council’s satisfaction that all practical measures have been made to retain trees that contribute to and embellish the Orange landscape.

Panning Outcomes - Flora, Fauna and Biodiversity

1 Where there is a likely impact of development on native habitats, that impact is addressed in the development application.

2 A Species Impact Statement is prepared for development that is likely to significantly affect habitats of threatened species. The statement is submitted with a development application and indicates how threatened species will be managed with the development.

3 Development affecting all or part of significant water bodies or remnant woodland areas with the potential to comprise habitats of threatened species incorporates the protection and conservation of these areas where deemed reasonable by Council.

4 Threatened species, populations and ecological communities are managed in conjunction with development in accordance with the Threatened Species Conservation Act.

The subject property is highly disturbed and does not contain any significant biodiversity value.

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.

Specific planning outcomes regarding cumulative impact include:

Planning Outcomes

1 Applications for development demonstrate how the development relates to the character and use of land in the vicinity.

2 The introduction of new development into a locality maintains environmental impacts within existing or community accepted levels.

3 Water conservation measures are implemented.

The proposed development is generally consistent with the intended use of land within the Narrambla Industrial Estate insofar as it provides for uses which are permissible within the IN1 General Industrial zone.

Further, with regard to the assessment set out under 0.4-10 Interim Planning Outcomes - Residential Proximity, it is considered that the potential off-site environmental impacts associated with the proposed development, including noise, can be maintained within community accepted levels.

Recommended conditions of consent are contained within the attached Notice of Approval.

CHAPTER 9 - DEVELOPMENT IN THE INDUSTRY AND EMPLOYMENT ZONE

Section 9.3 - Design and Siting of Industrial Development

Section 9.3 - Design and Siting of Industrial Development outlines planning outcomes for the development of industrial site, including the following:

Planning Outcomes

1 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 1,000m²or 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 complies with this outcome as it provides for a minimum 10m (approximate) setback from Colliers Avenue and a 9.4m setback from the Public Reserve which separates the subject property from the Northern Distributor Road.

As previously assessed under 0.4-11 - Interim Planning Outcomes - Transport Routes, while Orange DCP 2004 calls for a setback of 10m from a property boundary adjoining the Northern Distributor Road, it is accepted that the 10m setback should incorporate the 5m wide Public Reserve which separates the subject property from the road. As such, a boundary setback of 9.4m is accepted.

2 Buildings cover up to 50% of the site area (excluding the area of access ways for battle-axe lots).

The design plans submitted with the development application indicate that the proposed development would have a site coverage in the order of 45%.

3 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.

As discussed earlier in the report, the southern elevation of the proposed building would be substantially more prominent than other industrial development located immediately adjacent to the Northern Distributor Road, and that it would form a dominant visual element to motorists travelling north along the Northern Distributor Road.

The design plans submitted with the development application provide for a 3.5m wide landscaping bed within the Colliers Avenue frontage of the subject property. Council’s Manager City Presentation has recommended that the landscaping bed include a combination of large shrubs and small trees. Attached is a recommended condition of consent requiring that an amended detailed landscape plan be provided to Council prior to the issue of a Construction Certificate incorporating those species recommended by Council’s Manager City Presentation. Details of recommended species have been outlined in the Notice of approval.

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

The design merit of the proposed development has previously been assessed under 0.4‑11 ‑ Interim Planning Outcomes - Transport Routes.

In summary, it is considered that the proposed development will achieve an appropriate level of urban design in its context.

However, as previously discussed it is recommended that a condition of consent be applied requiring that further landscaping be provided within the Northern Distributor Road reserve to partially screen and soften the visual impact of the southern elevation of the building to motorists travelling north.

5 External materials consist of non-reflective materials.

Supporting information submitted with the development application identifies that all proposed external materials will be of ‘subdued tones and low reflective finishes’. These materials primarily include concrete tilt panel in Colorbond ‘Windspray’, and Colorbond wall and roof cladding in ‘Shale Grey’.

It should be noted that the original set of design plans submitted to Council included a Zincalume roof. Council staff subsequently requested that the applicant identify a suitable replacement material.

6 Adequate parking and on-site manoeuvring is provided.

Section 9.3 of the DCP identifies that typical car parking rates to be applied in industrial areas are:

Industry/warehouse/depot: 1 space per 100m²gross floor area or 1 space per 2 employees, whichever is greater

The proposed development includes 62 car parking spaces, which satisfies the requirement of 1 car parking space per 100m² of GFA. Further, on this basis, it is noted that while the existing business includes 16 full times employees, the provision of 62 car parking spaces would allow for up to 124 staff. The applicant has advised that the building will be constructed in 4 stages. The provision of parking will be required to be provided in a manner commensurate with the staging of the development. Off-street car parking arrangements are acceptable.

7 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.

The proposed development includes four business identification signs.

The foregoing assessment under SEPP 64 - Advertising and Signage identifies that each of the proposed signs achieves an acceptable design outcome.

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

Supporting information submitted with the development application and a notation on the plans identify that perimeter fencing will include 2.1m high black palisade fencing and entry gates along the Colliers Avenue frontage of the subject property, with the balance of fencing to be a 2.1m high mesh fence.

It is considered that the use of black palisade fencing along the Colliers Avenue frontage of the subject property will achieve a positive visual outcome within the Narrambla Industrial Estate.

CHAPTER 10 - SPECIAL USES AND ROAD ZONES

Section 10.3 - Development Along Major Transport Routes

Section 10.3 - Development Along Major Transport Routes outlines planning outcomes for development near major roads with regard to issues such as visual impact, access and noise impacts including the following:

Planning Outcomes

1 Development on land fronting and visible from a major road or distributor road provides for quality design on the highway and/or distributor road through landscaping, building setbacks façade design, external colours and materials and siting.

The design merit of the proposed development has previously been assessed under 0.4‑11 ‑ Interim Planning Outcomes - Transport Routes.

In summary, it is considered that the proposed development will achieve an appropriate level of urban design in its context.

However, it is recommended that a condition of consent be applied requiring that additional landscaping be provided within the Northern Distributor Road reserve to partially screen and soften the visual impact of the southern elevation of the building, particularly to motorists travelling north.

2 Residential buildings address potential noise impacts in design from adjacent main roads.

Not applicable.

3 Direct access to major roads is limited and is constructed to the requirements of the relevant roads authority.

Not applicable.

4 Residential lots are set back from planned distributor roads to provide a reasonable separation between future roads and residential land.

Not applicable.

5 Where direct access to a main or arterial road is denied by the Roads Authority and comprises residential subdivision, any rear or side fences are set back and screened with dense landscaping.

Not applicable.

6 Commercial buildings adjoining a distributor road are setback from the property boundary by at least 10m.

Building setback requirements have previously been addressed under 0.4-11 - Interim Planning Outcomes - Transport Routes.

It is noted that some ancillary components of the proposed building, including air compressors, oil separators and dust extraction units, are located adjacent to the western elevation of the proposed building and in the order of 9.4m from the western property boundary adjacent to the Northern Distributor Road.

While Orange DCP 2004 calls for a setback of 10m from a property boundary adjoining the Northern Distributor Road, it is accepted that the 10m setback should incorporate the 5m wide Public Reserve which separates the subject property from the road. As such, a boundary setback of 9.4m is accepted.

7 Lighting and signage visible from a distributor road is not animated and is designed so as not to distract motorists beyond glance recognition.

The foregoing assessment under SEPP 64 – Advertising and Signage identifies that the proposed signs along the western elevation of the proposed development are unlikely to distract motorists.

With regarding to lighting, it is recommended that a condition of consent be applied requiring that all external lighting be directed away and shielded, to prevent any distraction to passing motorists.

CHAPTER 15 - CAR PARKING

Section 15.4 - Parking Requirement

Section 15.4 - Parking Requirements identifies the requirements for off-street car parking spaces.

The requirements of Section 15.4 have previously been addressed under Section 9.3 - Design and Siting of Industrial Development.

Section 15.6 - Parking Area Construction

Section 15.6 - Parking Area Construction outlines planning outcomes for parking area construction.

Planning Outcomes

1 Adequate off-street car parking is provided in accordance with the Table or, alternatively, according to an assessment that demonstrates peak-parking demand based on recognised research.

2 Car-parking areas are designed according to Australian Standard.

3 Car-park areas include adequate lighting and landscaping (preferably deciduous shade trees), which provides for the personal security of users.

4 Bicycle-parking facilities are provided according to the relevant Australian Standard.

5 Facilities for loading and unloading of commercial vehicles are provided according to the relevant Australian Standard.

Council’s Development Engineer has identified that the proposed car parking spaces have been designed appropriately and that suitable arrangements have been made for the onsite loading and unloading of vehicles. Given the proposal to construct the development in stages it will be necessary to ensure that access and parking arrangements are provided for each stage of the development. All vehicles will be required to enter and leave the premises in a forward direction. Attached are conditions addressing matters in relation to the parking, forward ingress/egress requirements and the staged construction of access.

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

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)

Council’s Building Surveyor has identified that Section J of the Building Code of Australia (BCA) would apply to the proposed development.

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15

Other than those discussed in the body of this report, it is considered that there are no other likely impacts of the development.

THE SUITABILITY OF THE SITE s4.15

It is considered that the physical attributes of the site and availability of services are suitable for the proposed use and development, subject to the recommended conditions of consent discussed in the body of this report.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15

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 s4.15

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 the Environmental Health and Building Surveyor and the Engineering Development Section are included in the attached Notice of Approval.

Attachments

1 Notice of Approval, D18/9146 ⇩

2 Plans, D18/7959 ⇩

Planning and Development Committee 6 March 2018

2.2 Development Application DA 212/2017(1) - 13, 15 and 17 Colliers Avenue

Attachment 1 Notice of Approval

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 212/2017(1)

NA18/ Container PR18288

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Lovick Engineering
Applicant Address:	C/- Peter Basha Planning and Development ORANGE NSW 2800
Owner’s Name:	Lovick SF Pty Ltd
Land to Be Developed:	Lots 34, 35 and 36 DP 1035913 – 13, 15 and 17 Colliers Avenue, Orange
Proposed Development:	General Industry and Business Identification Signage

Building Code of Australia building classification:	To be determined by the Principal Certifying Authority

Determination made under Section 4.16
Made On:	6 March 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	7 March 2018
Consent to Lapse On:	7 March 2023

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 provide adequate public health and safety measures.

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

(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) Plans by Peter Basha Planning & Development titled:

Figure 1 - Locality dated 8.11.2017 (two sheets)

Figure 2 - Existing Boundaries, Site Detail and Services dated 8.11.2017 (two sheets)

Plans by Bassmann Drafting Services numbered:

DA-00 dated August 2017

DA-01 Issue E dated 13 December 2017

DA-02 Issue C dated 23 November 2017

DA-03 dated December 2016

DA-04 Issue E dated 23 November 2017

DA-05 Issue D dated December 13 December 2017

DA-06 Issue C dated 23 November 2017

DA-07 Issue D dated 23 November 2017

DA-08 Issue C dated 13 December 2017

DA-09 Issue B dated 23 November 2017

DA-10 Issue B dated 23 November 2017

DA-11 Issue C dated 13 December 2017

DA-12 Issue B dated 23 November 2017

DA-13 Issue B dated 23 November 2017 (14 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

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(4) Full details of colours and finishes of all external materials for each stage of the development are to be submitted and approved by Council’s Manager Development Assessments prior to the issue of a Construction Certificate for Stage 1 of the development.

(5) An amended landscape plan for each stage of the development shall be submitted to and approved by Council’s Manager Development Assessments prior to the issue of a Construction Certificate for Stage 1 of the development.

Colliers Avenue frontage:

The amended landscape plan must incorporate a combination of the following species along the frontage to Colliers Avenue:

Large shrubs suitable for screening

· Callistemon citrinus, C salignus, C sieberi

· Banksia margianta, B ericifolia

· Michelia figo

· Pittosporum

· Hakea salicifolia

Small tree examples

· Pyrus sp (Ornamental Pear)

· Pistacia chinensis (Chinese Pistachio)

· Parrotia persica

· Lagerstroemia indica

Northern Distributor Road Frontage:

The amended landscape plan must incorporate a combination of the following species along the frontage to the Northern Distributor Road:

Small shrubs

· Correa reflexa, C alba

· Grevillea lanigera

· Prostanthera sp

· Diosma sp

· Raphiolepis indica

Northern Distributor Road Reserve:

The amended landscape plan must incorporate a combination of the following species within the road reserve adjacent to the Northern Distributor Road:

· Eucalyptus leucoxylon – Yellow Gum

· Eucalyptus cinerea – Argyle Apple

· Callistemon viminalis – Weeping Bottle brush

· Callistemon salignus – Willow Bottlebrush

· Acacia melanoxylon – Black Wattle / Blackwood

For landscaping within the Northern Distributor Road reserve, planting is to be at 4m centres and two staggered rows 4m apart, with 15 of each species to be used.

These species are to be planted as tubestock (rapid growth rates once established) with a mulch apron around each individual tree of 1.5m diameter and 250mm thick.

(6) 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 alterations to water and sewer. No plumbing and drainage is to commence until approval is granted.

(7) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes for each stage of the development prior to the issue of a Construction Certificate for Stage 1 of the development. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(8) Prior to the issue of any Construction Certificate for Stage 1 of the development, evidence shall be submitted to Council/Principal Certifier of the lodgement of plans with NSW Land and Property Information to consolidate Lots 35 and 36 DP 1035913 into one parcel.

(9) Prior to the issue of any Construction Certificate for Stage 3 or 4 of the development, evidence shall be submitted to Council/Principal Certifier of the lodgement of plans with NSW Land and Property Information to consolidate Lots 34, 35 and 36 DP 1035913 into one parcel.

(10) Prior to the issue of the Construction Certificate for each stage of the development, details showing how compliance will be achieved with Australian Standard AS1940-2004 The storage and handling of flammable and combustible liquids, including the provision of bunding and fire protection to the proposed tanks, are to be submitted to Council/Accredited Certifier for assessment.

(11) The proposed spray painting booth shall be designed, installed and maintained in accordance with AS/NZS 4114.1 and 2:2003.Prior to the issue of the Construction Certificate for Stage 1 of the development, details are to be provided to Council/Accredited Certifier showing how compliance will be achieved.

(12) Prior to the issue of a Construction Certificate for Stage 1 of the Development, details are to be provided to Council/Accredited Certifier of how the dust from the blasting area will be managed.

(13) Engineering plans, showing details of all proposed work and adhering to any engineering conditions of development consent, are to be submitted to, and approved by, Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate for Stage 1 of the development.

(14) A water and soil erosion control plan for each stage of the development 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 for Stage 1 of the development. 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.

(15) Engineering plans providing complete details of the proposed driveway and car parking areas for each stage of the development are to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate for Stage 1 of the development. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and are to be in accordance with Orange City Council Development and Subdivision Code.

(16) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction Certificate for Stage 1 of the development. 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.

(17) 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 for Stage 1 of the development.

PRIOR TO WORKS COMMENCING

(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 for each stage of the development.

(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) Satisfactory arrangements must be made with Essential Energy for the provision of power to the proposed development. It is the applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the development, which may include the payment of fees and contributions.

(21) The site is located within an area identified as containing serpentinite rock formations, which can contain chrysotile, a naturally occurring asbestos. Therefore the applicant or person with management or control of the site shall ensure that a written plan (an Asbestos Management Plan) for the site is prepared in accordance with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011 prior to Stage 1 of the development.

To assist applicants with developing an Asbestos Management Plan, applicants are encouraged to access the ‘Asbestos Management Plan for Orange City Council 2014’, which is available on Council’s website: www.orange.nsw.gov.au

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

DURING CONSTRUCTION/SITEWORKS

(23) 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.

(24) All construction works are to be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans.

(25) 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.

(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.

Sealed vehicle access suitable for a 19m articulated vehicle shall be provided for the full perimeter of the building for Stages 1 to 4 of the development. Access for heavy vehicles shall be provided by at least two heavy duty concrete laybacks fronting Colliers Avenue.

(29) 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.

(30) All storage/standing areas are to have hard standing all-weather surfaces and be in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(31) 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 for each stage of the development (ie an Occupation Certificate may be issued separately for each individual stage of development).

(32) For each stage of the development, 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.

(33) 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 for each stage of the development.

(34) 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 for each stage of the development.

(35) Prior to the issue of any Occupation Certificate for Stage 1 of the development, evidence shall be submitted to Council/Principal Certifier of the registration of plans with NSW Land and Property Information to consolidate Lots 35 and 36 DP 1035913 into one parcel.

(36) Prior to the issue of any Occupation Certificate for Stage 3 or 4 of the development, evidence shall be submitted to Council/Principal Certifier of the registration of plans with NSW Land and Property Information to consolidate Lots 34, 35 and 36 DP 1035913 into one parcel.

(37) Prior to the issue of any Occupation Certificate for Stage 1 of the development, evidence of the registration of the cooling tower in accordance with the provisions of the Public Health Act 2010 and Public Health Regulation 2012 is to be submitted to Council/Principal Certifier.

(38) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate for each stage of the development 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.

(39) 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 for each stage of the development.

(40) Prior to the issue of an Occupation Certificate for each stage of the development, off-street car parking is to be provided onsite in accordance with the approved plans for each stage of the development and in accordance with the provisions of Development Control Plan 2004. The parking spaces are to be constructed in accordance with the requirements of Council’s Development and Subdivision Code, prior to the issuing of an Occupation Certificate.

(41) Prior to the issue of an Occupation Certificate for each stage of the development, landscaping shall be installed in accordance with the approved landscaping plan for each stage of the development and shall be permanently maintained to the satisfaction of Council’s Manager Development Assessments.

(42) 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

(43) The developer shall be responsible for ensuring the establishment of the Northern Distributor Road buffer planting for a 12 month period from the date of practical completion of the project. Any trees that fail within this establishment period shall be replaced by the developer in a timely fashion and in consultation with Council’s Manager City Presentation.

(44) Any fencing, planting, landscaping or any proposed development around the padmount substation located on Lot 36 DP 1039513 must not restrict access to the padmount substation and/or its doors, nor be a fire hazard. Refer Essential Energy’s policy CEOM7098 Operational Manual – Underground Design Manual and ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

(45) Outdoor lighting must be in accordance with Australian Standard AS 4282-1997 - Control of the obtrusive effects of outdoor lighting.

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 and motorists.

(46) The hours of operation of the premises shall not exceed 7am - 10pm Monday to Saturday, inclusive, without the prior approval of Council.

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

(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) Within 3 months of the issue of any Occupation Certificate for each stage of the development, an Acoustic Commissioning Report is to be submitted to Council verifying that the development, when operating, is complying with the predicted noise levels contained in the Operational Noise Impact Assessment by Wilkinson Murray (Report No. 16223 Version C) dated December 2017.

(50) All vehicles must enter and leave the site in a forward direction.

ADVISORY NOTES

(1) If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment.

(2) Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property, should be complied with.

(3) Essential Energy’s records indicate there is electricity infrastructure located within the property and within close proximity of the property. Any activities within these locations must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

(4) Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW).

(5) Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Underground Assets.

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 8.7 of Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court. Pursuant to Section 8.10 an applicant may only appeal within 6 months after the date the decision is notified.

*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 of the Conveyancing Act 1919 - 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:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	7 March 2018

Planning and Development Committee 6 March 2018

2.3 Development Application DA 442/2017(1) - 122 McLachlan Street

RECORD NUMBER: 2018/246

AUTHOR: Summer Commins, Senior Planner

EXECUTIVE Summary

Application lodged	23 November 2017
Applicant/s	Bassmann Drafting Services
Owner/s	Mustang Rocks Pty Ltd and 2Pursue Mr Gini Pty Ltd
Land description	Lot 172 DP 1238302 - 122 McLachlan Street, Orange
Proposed land use	Boarding House (four boarding houses), Subdivision (four lot Strata) and Demolition (tree removal)
Value of proposed development	$1,930,000

Council’s consent is sought for development of land at 122 McLachlan Street, Orange, for the purpose of boarding houses. The development site was recently created by a subdivision (boundary adjustment) pursuant to DA 157/2017 (amended), to excise the historic cottage at the site frontage and create a vacant battleaxe development lot.

The proposal involves construction of four x two-storey buildings, each containing five or six self-contained double rooms and a communal living room. Shared outdoor open space areas will be provided for each building, together with private courtyards for some of the rooms. Onsite vehicle parking will be available. The boarding houses will provide residential accommodation for lodgers for three months or more. A four lot Strata subdivision is also proposed to excise each building/boarding house on a separate Strata lot.

The proposal comprises ‘new generation boarding houses’ pursuant to State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009. ‘New generation boarding houses’ provide a form of low cost, self-contained rental accommodation for a wide range of tenants, including singles, retirees, students and young couples. The SEPP contains clear standards for the design and construction of ‘new generation boarding houses’ in order to increase the supply and diversity of affordable rental housing throughout NSW.

The subject land is located in the East Orange Heritage Conservation Area. Staff and Council’s Heritage Advisor do not support the proposal on the grounds that the general building design has minimal elements which relate to the Conservation Area. In particular, the roof type is not supported. On this basis, it is considered that the proposal will adversely impact on the significance of the Conservation Area pursuant to Clause 5.10(4) of Orange Local Environmental Plan (LEP) 2011; and is incompatible with the character of the local area pursuant to Clause 30A of the SEPP (Affordable Rental Housing) 2009.

The proposed development will have impacts for the adjoining dwellings in terms of privacy, visual bulk and overshadowing. The cumulative effect of those impacts will alter the existing residential amenity afforded to those dwellings. Notwithstanding, the development is generally consistent with the relevant planning outcomes and guidelines contained in Development Control Plan (DCP) 2004. The impacts for the adjoining dwellings are considered to be within reasonable limit, subject to mitigation conditions should Council be of the view to support the proposal.

The proposal comprises advertised development pursuant to Orange Development Control Plan (DCP) 2004. At the completion of the exhibition period four submissions had been received in relation to the development. The submissions generally relate to the potential for adverse social, traffic and amenity impacts on the neighbourhood associated with the proposed boarding houses.

It is recommended that determination of the application be deferred at this time and the applicant be requested to redesign the development to comply with the requirements of Council’s Infill Guidelines, the requirements of Clause 5.10(4) of Orange LEP 2011; and the provisions of Clause 30A of the SEPP (Affordable Rental Housing) 2009 in terms of its impact upon the character of the locality and the Heritage Conservation Area in general.

DECISION FRAMEWORK

Development in Orange is governed by two key documents Orange Local Environment Plan 2011 and Orange Development Control Plan 2004. In addition the Infill Guidelines are used to guide development, particularly in the heritage conservation areas and around heritage items.

Director’s Comment

This development application involves infill development comprising a boarding house which, although it is somewhat obscured by an existing house, will impact on the streetscape and the heritage conservation area in general. Being in a heritage zone, and reinforced by Council’s recent position on heritage compatible design, it is very important to maintain streetscapes and ensure that new development is compatible with the surrounding character where possible. Council’s Heritage Advisor and staff do not support the skillion style design of the proposed boarding house, preferring a more traditional roof form comprising a pitch/hip roof design.

Should Council wish to support staff’s recommendation of redesign, then an attempt will be made to further encourage the developer to pursue a more appropriate design. If Council prefers to either refuse or support the development application, then a Notice of Approval or Refusal will be brought back to the next Council Meeting outlining the reasons for that refusal or approval.

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 defer determination of development application DA 442/2017(1) for Boarding House (four boarding houses), Subdivision (four lot Strata) and Demolition (tree removal) at Lot 172 DP 1238302 – 122 McLachlan Street, Orange and the applicant be requested to redesign the development to comply with the requirements of Council’s Infill Guidelines, the provisions of Clause 5.10(4) of Orange Local Environmental Plan 2011, and the provisions of Clause 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009 in terms of its impact upon the character of the locality and the Heritage Conservation Area in general.

further considerations

SUPPORTING INFORMATION

THE APPLICATION

The proposal involves development of land at 122 McLachlan Street, Orange for the purpose of boarding houses, Strata subdivision and tree removal. The development site was recently created by a subdivision (boundary adjustment) pursuant to DA 157/2017 (amended), to excise the historic cottage at the site frontage and create a vacant battle-axe development lot.

Figure 1 - locality

Four boarding houses will be erected on the land, each containing five or six self‑contained double rooms, a communal living room and communal balcony. A total of 22 boarding rooms will be provided, with 20 rooms available for lodgers and two manager’s rooms. Each boarding room will be furnished and self-contained, with kitchenette, ensuite bathroom and laundry facilities.

Shared outdoor open space areas will be provided for each building, together with private courtyards for four ground floor boarding rooms, including the manager’s room. Each boarding house will incorporate an accessible room, and a manager’s room will be provided in Buildings A and B.

The boarding houses will have a generally rectangular footprint, arranged parallel to central walkways and communal open space areas. The buildings will be two-storey and of modern styling with skillion/clerestory roof profiles; contemporary fenestration (window arrangement) and balustrades; and mix of painted wall cladding.

Vehicular access to the site will be via an existing access handle adjacent to the southern boundary. The access driveway will have a formed minimum width of 6m. Shared onsite parking will be provided at the front (west) of the boarding houses. The parking area will contain 14 car spaces, 8 motorcycle spaces and 8 bicycle spaces. A bin enclosure for storage of waste and recycling bins is proposed on the northern side of the access driveway, together with mail boxes and utilities (gas meters and electrical boxes).

The proposal involves removal of vegetation along the southern boundary of the site, comprising English Elm (Ulmus minor) (which has suckered profusely) and Maple (Aver sp.). New site landscaping is proposed, and perimeter and internal fencing will be installed.

The proposed site layout and building design are depicted below.

Figure 2 - proposed site plan

Figure 3 - front (western) elevation and parking area

The development will provide short term accommodation for a maximum of 40 lodgers (two lodgers x 20 rooms) and four managers (two managers x 2 rooms). The minimum period of stay for lodgers will be three months. The boarding rooms will not be serviced (meals, cleaning or laundry). Maintenance of common areas (grounds and rooms) will be undertaken by the manager or professional contractor.

Four lot Strata subdivision is proposed in order to excise each boarding house on a separate Strata lot. Vehicle parking and open spaces within the development will be allocated to corresponding Strata lots. The remainder of the site, including driveways, pedestrian areas and landscaped space, will comprise common property available for shared use by all boarding house lodgers.

MATTERS FOR CONSIDERATION

Section 1.7 - Application of Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994

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

Section 4.15

Section 4.15 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 S4.15

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The particular aims of Orange LEP 2011 relevant to the proposal 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,

(e) to provide a range of housing choices in planned urban and rural locations to meet population growth,

(f) to recognise and manage valued environmental heritage, landscape and scenic features of Orange.

The application is considered to be consistent with aims (b) and (e) above but inconsistent with (a) and (f). The following assessment demonstrates that the built form of the proposed development is generally inconsistent with the character of the surrounding area and the Heritage Conservation Area in general. Matters pertaining to the development’s compatibility with various planning controls relating to the built form and heritage have been addressed in the body of this report.

Clause 1.6 - Consent Authority

Clause 1.6 is applicable and states:

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

Clause 1.7 Map

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:	Not a heritage item; located within East Orange Heritage Conservation Area
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No FSR requirements
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
Flood Planning Map:	Flood planning area

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

Clause 1.9A Suspension of Covenants, Agreements and Instruments

Clause 1.9A is applicable and states in part:

(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, 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.

(2) This clause does not apply:

(a) to a covenant imposed by the Council or that the Council requires to be imposed, or

(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or

(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

In consideration of this clause, Council staff are not aware of the title of the subject property being affected by any of the above.

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones

The subject site is located within the R1 General Residential zone. The proposed development is defined as “boarding houses,” “subdivision,” and “demolition.”

Pursuant to the LEP Dictionary:

Boarding house means a building that:

(a) is wholly or partly let in lodgings, and

(b) provides lodgers with a principal place of residence for 3 months or more, and

(c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers

Boarding houses are permitted with consent in the R1 zone.

Pursuant to the LEP Dictionary:

Demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.

Demolition (tree removal) is permitted with consent pursuant to Clause 2.7 (see below).

Pursuant to Section 4B of the Environmental Planning and Assessment Act:

Subdivision of land means the division of land into two or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition.

Subdivision is permitted with consent pursuant to Clause 2.6 (see below).

Clause 2.3 - Zone Objectives

The objectives for land zoned R1 General Residential are as follows:

· 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 proposal is consistent with the relevant zone objectives as considered below:

- The proposal will provide a rental housing option to supplement housing needs in the community.

- The proposed boarding houses will contribute to the variety of housing types and densities in the neighbourhood.

- The subject land is located in proximity to local and neighbourhood shops, and accessible via public transport.

Clause 2.6 - Subdivision - Consent Requirements

Clause 2.6 is applicable and states:

(1) Land to which this Plan applies may be subdivided but only with development consent.

Consent is sought for a four lot Strata subdivision of the development in accordance with this clause.

Clause 2.7 - Demolition Requires Consent

Clause 2.7 is applicable and states:

The demolition of a building or work may be carried out only with development consent.

Consent is sought for tree removal in accordance with this clause.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

The Part 4 Principal Development Standards are not applicable to the proposal.

Part 5 - Miscellaneous Provisions

Clause 5.10 Heritage Conservation

Clause 5.10 is applicable and states in part:

(4) The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

The subject land is located in the East Orange Heritage Conservation Area (HCA). The character of this particular precinct and streetscape is defined by the following design elements:

· traditional, detached single-storey dwellings;

· dwelling detailing incorporating modelled roofs with hips and gables, chimneys and verandahs;

· established public and private landscaping (front and rear gardens) including mature trees;

· a mix of external finishes; and

· generous side setbacks/dwelling curtilages with view corridors to the rear.

A departure from the established built character is a two-storey residential flat building with skillion roof on the adjoining land to the north (126 McLachlan Street).

In order to consider the effect of the proposed development on the significance of the East Orange HCA, the proposed development was referred to Council’s Heritage Advisor. He raised concerns in relation to the suitability of the building design in the heritage setting and offered the following guidance/recommendations:

1 The spacing between buildings needs to include mitigation in the form of varied wall colours … and mature trees in the car park

2 The open space needs to allow for landscape tree planting consistent with that in the area and a mature height of 6-8m is recommended to relate to the building heights and to allow for visual screening of the bulk

3 The external materials and colours need to relate to the context and to be sufficiently dark to visually recede: Buildings A and B only are required to use two varying darker colours.

4 The roofs to Buildings A and B need to pitched and hipped in the traditional manner

5 The roofs to be Colorbond Windspray

6 Buildings A and B should be provided with propped window awnings to their north, west and eastern windows and doors in those elevations

The applicant was requested to amend the building design to address the recommendations of Council’s Heritage Advisor.

Amended plans were subsequently submitted to address the Heritage Advisor’s recommendations in relation to colours, finishes and landscaping (listed Items 1, 2, 3 and 5). The proponent was not amendable to an alternative roof design (listed Item 4) and provided the following (summarised) justification:

· ‘The clerestory roof has been designed to provide maximum sunlight and ventilation without impacting the privacy of residents or neighbours.

· The clerestory roof form also results in a lower roof profile which will assist in mitigating the two-storey form.

· The retention of the existing cottage at 124 McLachlan Street [DA 157/2017 (amended)] and its excision from the site is a substantial measure that has already been taken in recognition of the contribution that the cottages makes to the character of the conservation area. The retention of the cottage between the development site and street goes a long way towards ensuring that the overall development will be compatible with the heritage character.

· A respective, low design approach has been following by:

- Maximum two-storey height

- Breaking the development up into four buildings with forms and proportions that relate to other modern era buildings in the conservation area

- Utilising a simple, modern architectural style which clearly identifies this as a contemporary development

- Avoiding replication of period decoration and detailing.

· Specific contextual details which support the [clerestory roof] design include:

- The variety of building forms in East Orange Conservation Area, including several non-traditional style infill developments such as the adjacent town houses (126 McLachlan Street)

- The proximity of the site to commercial development along Bathurst Road which generally utilises flat or skillion roofing forms and unavoidably influences the character of this location

- The significant front setback of the buildings (over 38m) which, in combination with the additional screen planting now proposed, will reduce their visibility to the street.

· Having regard to the above, it is submitted that the proposed clerestory roofs are consistent with [DCP 2004] “respectful design principles” and that it is not necessary to reproduce pitched and hipped roof forms in the context of this development.’

Council’s Heritage Advisor provided the following [paraphrased] comments in relation to the proponent’s amended and justified submission:

· McLachlan Street is dominated by pitched roof forms and traditional cottages; indeed, the development site is informed by the historic cottage at the site frontage (124 McLachlan Street).

· The residential flat building adjoining the subject site to the north is not consistent with the conservation character, and should not be used to justify further degradation of the character.

· The proposed buildings will be clearly visible from McLachlan Street based on the curtilage afforded the historic cottage at 124 McLachlan Street.

· The general design, materials selection and fenestration are contemporary and have minimal elements which relate to the conservation area.

· A medium density design with a serious climate response may be achieved using traditional forms, with contemporary details and character (as depicted in the examples provided by the Heritage Advisor below).

Figure 4 - traditional built form with contemporary details

Based on the foregoing, it is considered that the proposed building design will have an adverse effect on the significance of this setting in the East Orange HCA, pursuant to Clause 10(4).

Given that the subject land is located in a conservation area, development consent is required and sought for tree removal of the English Elm (Ulmus minor) and Maple (Aver sp).

As outlined in the following sections of this report, Council’s Manager City Presentation raised no objection to removal of the English Elm which has suckered profusely, but he requires that the Maple be retained. It is considered that the proposed vegetation removal will significantly alter the landscape setting in the locality.

It is noted that Council’s Heritage Advisor recommended that landscape tree planting be established to provide a visual screen to the building bulk. While additional plantings are included in the latest plan set, the submitted landscape plan is ‘uninspiring’ and ‘not consistent with the landscape character in this area’ (Council’s Manager City Presentation).

Should the application be approved, conditions would be imposed requiring preparation and implementation of a landscape plan prepared by a suitability qualified landscape architect. New plantings would mitigate vegetation removal along the southern boundary and provide visual screening of the proposed built form. To this end, subject to conditions, the proposed tree removal would not adversely impact on the significance of the site and setting in the East Orange HCA pursuant to Clause 10(4).

Part 6 - Urban Release Area

Part 6 is not relevant to the proposal. The subject land is not contained within an urban release area.

Part 7 - Additional Local Provisions

7.1 - Earthworks

Clause 7.1 applies. This clause states in part:

(3) Before granting development consent for earthworks, the consent authority must consider the following matters:

(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).

In consideration of this clause, the proposal is suitable. The development will necessitate earthworks to create level pads for the vehicle areas, buildings A and B and open space areas. The earthworks will be supported onsite and the change in ground level is not substantial. Disruption to drainage is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways. Should the application be approved, conditions would be imposed in relation to sediment and erosion control during construction.

7.2 - Flood Planning

The subject land is contained within a Flood Planning Area pursuant to the Flood Planning Map. Clause 7.2 applies and states in part:

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a) is compatible with the flood hazard of the land, and

(b) is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and

(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

In consideration of this clause, proposed Buildings C and D are located within the medium flood risk precinct and adjoin the high flood risk precinct, pursuant to the Blackmans Swamp Creek Floodplain Risk Management Study.

Figure 5 - flood risk precincts

As a consequence of the flood risk, the proposal involves elevation of rear Buildings C and D on stilts. The overall height of the rear buildings at the rear building facade will be 8.4m.

Council’s Development Engineer advised that should the application be approved, conditions would be imposed to ensure that the development is compatible with the flood hazard of the land. Such conditions would relate to floor levels, flood compatible construction, structural details and maintaining an open waterway (no above-ground structures, unenclosed building subfloor and palisade fencing).

7.3 - Stormwater Management

Clause 7.3 is applicable. This clause states in part:

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(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

(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.

Subject to engineering design, stormwater from the development will be directed to the drainage channel at the rear of the site. Onsite stormwater detention will also be required to limit post-development peak flows to pre-development levels. Should the application be approved, conditions would be imposed in relation to stormwater management of the development to satisfy the requirements of Clause 7.3.

Clause 7.11 - Essential Services

Clause 7.11 is applicable. This clause states:

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:

(a) the supply of water

(b) the supply of electricity

(c) the disposal and management of sewage

(d) storm water drainage or onsite conservation

(e) suitable road access.

In consideration of this clause, all utility services are available to the land and adequate for the proposal:

· the subject land is connected to reticulated water supply;

· electricity and telecommunications are available to the land;

· the site is connected to Council’s reticulated sewerage system;

· subject to augmentation and administration, stormwater management for the subject land is suitable; and

· the site has direct frontage and access to McLachlan Street.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Affordable Rental Housing) 2009

SEPP (Affordable Rental Housing) 2009 is applicable. An assessment of the development against the requirements of the SEPP is outlined below.

· The proposal is consistent with the relevant Clause 3 Aims of policy in that affordable rental housing will be provided in reasonable proximity to employment and businesses.

· The SEPP adopts the standard instrument definition for “boarding house” pursuant to Clause 4(2). The proposed development satisfies the definition.

· Boarding houses are permitted with consent in the R1 General Residential zone, pursuant to Clauses 26 and 28.

· The proposal complies with the development standards listed in Clause 29 Standards that cannot be used to refuse consent:

Clause	Control	Proposal	Compliance
29(1)(a)	FSR: maximum FSR for any form of residential development permitted on the land	Not applicable as there is no floor space limit for the subject land pursuant to OLEP 2011 Floor Space Ratio Map.	NA
29(2)(a)	Building height: maximum building height permitted on the land	Not applicable, as there is no building height limit for the subject land pursuant to the OLEP 2011 Height of Buildings Map.	NA
29(2)(b)	Landscape area: landscape treatment of the front setback is compatible with the streetscape	Not applicable, as the subject land and proposed development does not have frontage to McLachlan Street (excepting the access driveway).	NA
29(2)(c)	Solar access: communal living room to receive three hours direct sunlight between 9am and 3pm	The communal living rooms in all buildings/ boarding houses have glazing on the northern building facade. Solar access to communal living rooms in Buildings B and C (on the northern side of the land) will receive required sunlight.	Yes

		Shadow diagrams submitted with the application demonstrate that the internal space between the buildings will be wholly overshadowed between 9am and 3pm. Window shadow elevations have not been submitted, but the diagrams suggest communal living rooms in Buildings A and D will not receive three hours direct sunlight. Notwithstanding, Clause 29(4) allows for variation of a development standard. It is considered reasonable to vary this standard as a communal balcony is provided on the first floor of each building. Reasonable solar access will be provided to the first floor balconies.
29(2)(d)	Private open space: minimum 20m² and with 3m dimension for each boarding house; and minimum 8m² and 2.5m dimension for manager	Each boarding house will be provided with an adjacent communal open space area with minimum area of 21.3m² and minimum dimension of 3m. A communal balcony to each boarding house will provide additional private open space for lodgers. The four ground floor rooms in Buildings A and B (which include manager’s rooms) will each have a private courtyard, with minimum area of 15.4m² and minimum dimensions of 2.5m.	Yes
29(2)(e)	Parking: 0.4 parking spaces for each room and 1 space for manager	10 parking spaces are required, based on 8 parking spaces for 20 boarding rooms and 2 parking spaces for 2 manager’s rooms. Fourteen (14) onsite car parking spaces are provided.	Yes
29(2)(f)	Accommodation size: 16m² excluding kitchen and bathroom facilities	Each boarding room exceeds 16m², excluding kitchen and bathrooms facilities	Yes

· The proposal complies with the prescribed Clause 30 Standards for boarding houses:

Clause	Control	Proposal	Compliance
30(1)(a)	A communal living room is required for 5+ boarding rooms	Each boarding house will comprise 5 or 6 boarding rooms and a shared communal living room and communal balcony.	Yes
30(1)(b)	Boarding rooms to have maximum GFA (excluding kitchen and bathroom) of 25m²	The boarding rooms will comprise a maximum GFA of 22.23m² (excluding kitchen and bathroom)	Yes
30(1)(c)	Occupancy is limited to 2 adult lodgers	Each boarding room will accommodate a maximum of 2 adult lodgers	Yes
30(1)(d)	Bathroom and kitchen facilities are available for lodgers	Each boarding room will be self-contained with bathroom and kitchen facilities	Yes
30(1)(e)	Manager’s room required for boarding house with 20+ lodgers	Each boarding house will accommodate less than 20 lodgers (a maximum 8 lodgers in Buildings A and B, and 12 lodgers in Buildings C and D). Notwithstanding, the development will function as a single facility, and 2 manager’s rooms will be provided in Buildings A and B.	Yes
30(1)(g)	In commercial zones, residential purposes not permitted on ground floor	This control is not applicable as the subject land is located in the R1 General Residential zone.	NA
30(1)(h)	1 bicycle space and 1 motorcycle space required for every 5 boarding rooms	5 bicycle spaces and 5 motorcycle spaces are required based on 22 boarding rooms. Eight (8) of each will be provided onsite.	Yes

· Clause 30A of the SEPP provides that a consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area. As outlined in the heritage assessment above, the building design for the proposed boarding houses is considered to be incompatible with the character of the local area. On this basis Council staff are of the view that the subject development is inconsistent with the requirements of Clause 30A of the SEPP.

· Clause 52 provides that ‘a consent authority must not grant consent to the strata subdivision or community title subdivision of a boarding house.’ The intent of this prohibition is to prevent separate titles being created for each boarding room, as this would enable rooms to be owner-occupied and therefore no longer ‘let in lodgings’ which is a defining characteristic of a boarding house.

· Strata subdivision is proposed in order to excise each boarding house on a separate Strata lot. Vehicle parking and open spaces within the development will be allocated to corresponding Strata lots. The remainder of the site, including driveways, pedestrian areas and landscaped space, will comprise common property available for shared use by all boarding house lodgers.

Council has sought legal advice, which confirms that Strata subdivision of individual boarding houses is not contrary to the requirements of Clause 52.

State Environmental Planning Policy 55 - Remediation of Land

SEPP 55 - Remediation of Land is applicable. Pursuant to Clause 7(1):

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

In consideration of this clause, the potential for contamination of the site is considered to be low. The subject land is well established for residential use. The site is not known to have been used for a Table 1 purpose to the contaminated land planning guidelines. Further contamination investigation as a precursor to potential site remediation is considered unnecessary for the proposed development.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION S4.15

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.

INTEGRATED DEVELOPMENT

The proposal is not integrated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN S4.15

Development Control Plan 2004

CHAPTER 0 - TRANSITIONAL PROVISIONS

The following Part 0 Planning Outcomes are applicable to Tree Preservation:

· Trees prescribed by this DCP must not be ringbarked, cut down, topped, lopped or wilfully destroyed without the Council’s approval and landowners consent.

· This clause applies to Eucalypts of any size belonging to the White Box, Yellow Box and Blakely’s Red Gum Endangered Ecological Communities, including species indicated as affected in the tree preservation table.

· This clause also applies to any tree, native or exotic, with a trunk diameter equal to or greater than 300mm at breast height (refer AS4970-2009 for measurement guidelines).

· Notwithstanding IPO-4(3) this clause does not apply to species indicated as exempt in the tree preservation table.

· An application for the Council’s approval must be accompanied by an appropriately qualified specialist (i.e. Arborist) report.

With reference to the planning outcomes, the proposal involves removal of two trees adjacent to the southern boundary comprising English Elm (Ulmus minor) and Maple (Aver sp). The proposed tree removal was referred to Council’s Manager City Presentation. He advised as follows:

“With regard to existing vegetation on the southern boundary, there is a significant amount of English Elm (Ulmus minor). This tree suckers profusely and in recent years (past 2) elm trees in Orange have become susceptible to Elm Leaf Beetle. This Beetle, in its various stages of the life cycle, significantly affects the aesthetics of elm trees, and over time if left untreated may cause or predispose the tree to pathogens that compromise the health, vigour and structure. As such I would support the removal of the Elm Trees along this southern boundary.

Of particular note is the presence of a Maple (Acer sp. [possibly A. opalus]) growing immediately on the southern side of the existing boundary fence separating 122 and 120 McLachlan Streets. The stem of the subject tree is located upon 120 McLachlan Street, it is a healthy specimen that appears… worthy of retention and protection from the works associated with the proposed development.

With reference to the Australian Standards - Protection of Trees on Development Sites (AS4970-2009) a suitable tree protection zone shall be established… to ensure that the health and stability of the subject tree are not compromised…

To effect a reasonable TPZ, but not imposing on the proposed development, the removal of the bike parking slot and car parks Nos 13 and 14 shall be deleted from the proposal and the area maintained as ‘low maintenance ground cover’. Providing an estimated TPZ on the subject development site of approximately 6m in radius from the centre of the stem of the subject tree.”

Based on the foregoing, should the application be approved, conditions would be imposed requiring retention of the Maple tree and establishment of a suitable tree protection zone. The impact of the tree protection zone on onsite vehicle parking for the development is considered below.

CHAPTER 7 - DEVELOPMENT IN RESIDENTIAL AREAS

The following Chapter 7 Planning Outcomes are considered as a guide in the assessment of the proposal:

Neighbourhood Character

The DCP sets the following Planning Outcomes in regard to Neighbourhood Character:

· site layout and building design enables the:

- creation of attractive residential environments with clear character and identity

- use of site features such as views, aspect, existing vegetation and landmarks

· buildings are designed to complement the relevant features and built form that are identified as part of the desired neighbourhood character

· the streetscape is designed to encourage pedestrian access and use.

As considered in the heritage assessment above, the building design for the proposed boarding houses is considered to be incompatible with the character of the local conservation area. It is recommended that the applicant be requested to redesign the subject development so as to complement the relevant features and built form that are identified as part of the desired neighbourhood character for this locality.

In terms of neighbourhood function, the proposed development will provide for a continuation of residential landuse and will not alter the function of the neighbourhood. The proposal will provide a rental housing option to supplement housing needs in the community, and contribute to the variety of housing types and densities in the neighbourhood.

Building Appearance

The DCP sets the following Planning Outcomes in regard to Building Appearance:

· the building design, detailing and finishes relate to the desired neighbourhood character, complement the residential scale of the area, and add visual interest to the street

· the frontages of buildings and their entries face the street

· garages and car parks are sited and designed so that they do not dominate the street frontage.

As considered in the heritage assessment above, the building design for the proposed boarding houses is incompatible with the character of the local area. The general design, materials selection and fenestration are contemporary and have minimal elements which relate to the conservation area.

Being a battleaxe parcel, the site has limited visibility in the McLachlan Street view corridor (ie when travelling along the public road). Notwithstanding, expansive views of the site are available at the frontage due to the spacing between buildings on adjoining parcels.

Vehicle parking areas will not have a street presence.

Heritage

The DCP sets the following Planning Outcomes in regard to Heritage:

· heritage buildings and structures are efficiently re-used

· new development complements and enhances the significance of a heritage item or place of heritage significance listed in the Orange Heritage Study

· significant landscape features are retained including original period fences and period gardens.

As considered in the heritage assessment above, it is considered that the proposed development will not complement or enhance the significance of this conservation setting. Recent adjacent buildings that are inconsistent with the historic character should not be used as a precedent, or to justify further degradation of the character.

Setbacks

The DCP sets the following Planning Outcomes in regard to Setbacks:

· street setbacks contribute to the desired neighbourhood character, assist with the integration of new development and make efficient use of the site

· street setbacks create an appropriate scale for the street considering all other streetscape components.

Being a battleaxe parcel, the proposed development will have nil impact on streetscape setbacks.

Front Fences and Walls

The DCP sets the following Planning Outcomes in regard to Fences and Walls:

· Front fences and walls:

- assist in highlighting entrances and creating a sense of identity within the streetscape

- are constructed of materials compatible with associated housing and with fences visible from the site that positively contribute to the streetscape

- provide for facilities in the street frontage area such as mail boxes.

The proposal does not involve front fencing to McLachlan Street. Perimeter and internal fencing will be installed. Mail boxes will be provided on the northern side of the access driveway at the site frontage.

Visual Bulk

The DCP sets the following Planning Outcome in regard to Visual Bulk:

· Built form accords with the desired neighbourhood character of the area with:

- side and rear setbacks progressively increased to reduce bulk and overshadowing

- site coverage that retains the relatively low density landscaped character of residential areas

- building form and siting that relates to landform, with minimal land shaping (cut and fill)

- building height at the street frontage that maintains a comparable scale with the predominant adjacent development form

- building to the boundary where appropriate.

The visual bulk impacts of the proposed development are considered to be substantial for this particular site due to the following:

· Expansive views of the site are available at the McLachlan Street frontage due to the spacing between buildings on adjoining parcels and the curtilage afforded the front cottage.

· Excepting the adjoining residential units to the north, the predominant building height is this neighbourhood is single-storey.

· While four separate buildings are proposed, the boarding houses will present as a single complex by virtue of consistent design, enclosed fencing and landscape theme. The overall footprint for the development is markedly larger than improvements on adjoining lands.

· The site falls to the rear towards the drainage channel. A consistent building height is proposed and required for flood levels, with Buildings C and D to be elevated on stilts. The building height at the rear façade will be 8.4m, being some 3-4m higher than adjoining single-storey dwellings to the west and south.

Notwithstanding, the visual impacts in terms of bulk are generally consistent with the DCP planning outcomes and considered to be within reasonable limit:

· Side and rear setbacks will exceed typical residential setbacks, and generally relate to the setbacks on adjoining lots to the north and south.

· Site coverage for the development will comprise 24.3% and not exceed the maximum site coverage for residential development (ie 50% for multi dwelling housing).

· Negligible earthworks will be required.

· The proposed boarding houses will be located at the rear of the site on a battleaxe parcel. Buildings A and B will be set back some 38m from the McLachlan Street frontage and at the rear of the existing cottage at 124 McLachlan Street.

· The proposed two-storey form will complement the height of the residential units on the adjoining parcel to the north at 126 McLachlan Street. Despite this, the unit development is not considered a precedent to justify a variation to the neighbourhood character in terms of height.

· The proposed buildings will be contained within the DCP prescribed visual bulk envelope plane, excepting minor eave encroachment.

· At the highest point (8.4m for the rear facades of Buildings C and D), the buildings are well-removed the McLachlan Street frontage and the adjoining dwellings to the north and south. Whilst the buildings are large in dimension and will introduce a new building element at the rear of the subject land, it is considered that the development will not visually encroach upon adjoining dwellings.

Walls and Boundaries

The DCP sets the following Planning Outcome in regard to Walls and Boundaries:

· Building to the boundary is undertaken to provide for efficient use of the site taking into account:

- the privacy of neighbouring dwellings and private open space

- the access to daylight reaching adjoining properties

- the impact of boundary walls on neighbours.

The proposal does not involve the construction of buildings on the boundary.

Daylight and Sunlight

The DCP sets the following Planning Outcome in regard to Daylight and Sunlight:

· Buildings are sited and designed to ensure:

- daylight to habitable rooms in adjacent dwellings is not significantly reduced

- overshadowing of neighbouring secluded open spaces or main living area windows is not significantly increased

- consideration of Council’s Energy Efficiency Code.

Shadow diagrams have been submitted in support of the proposal. As demonstrated, the proposed development will impact on solar access for the adjoining dwelling to the south at 120 McLachlan Street.

As shown, the proposed development will not overshadow northern windows or the rear (north and east facing) deck from approximately 11am onwards. Similarly, a portion of the rear yard immediately adjacent to the dwelling (between the dwelling and shed) will receive on-ground solar access from approximately 11am onwards.

Shadow calculations have not been submitted, however, it is extrapolated from the diagrams that solar access to 120 McLachlan Street will be maintained consistent with the DCP guidelines (ie 40% of the required open space area for three hours and 75% of north‑facing windows for four hours), notwithstanding overshadowing caused by the proposed boarding houses.

Views

The DCP sets the following Planning Outcomes in regard to Views:

· building form and design allow for residents from adjacent properties to share prominent views where possible

· views including vistas of heritage items or landmarks are not substantially affected by the bulk and scale of the new development.

Notwithstanding the battleaxe configuration of the development site, expansive views of the land are available at the McLachlan Street frontage due to the spacing between buildings on adjoining parcels. The development will be viewed from the street between the buildings at the site frontage. As such, the building design and detailing should complement the neighbourhood character. As considered in the heritage assessment above, the building design for the proposed boarding houses is incompatible with the character of the local area.

Visual Privacy

The DCP sets the following Planning Outcome in regard to Visual Privacy:

· direct overlooking of principal living areas and private open spaces of other dwellings is minimised firstly by:

- building siting and layout

- location of windows and balconies

and secondly by:

- design of windows or use of screening devices and landscaping.

The proposed site layout and building design will provide reasonable visual privacy for the proposed development and adjoining dwellings.

The boarding houses will be sited a minimum 4m from the side boundaries, being more than a typical residential setback. Perimeter fencing 1.8m in height will be installed/ maintained on the development site.

Buildings B and C will oppose the residential units on the adjoining land to the north (126 McLachlan Street), including driveway and unit entrances. Windows to boarding rooms on the first floor northern façade will comprise hi-lite windows only, with sill height of 1.5m. Communal room windows to the north will be at ground level only and sited some 6m from the northern boundary. Perimeter fencing will prevent direct views. The first floor and north-facing communal balcony will have a solid balustrade to prevent overlooking when sitting.

Buildings A and D will oppose the dwelling on the adjoining land to the south (at 120 McLachlan Street). The first floor southern façade will comprise balconies/verandahs, entry doors and ensuite windows to boarding rooms on the first floor. The spaces are non‑habitable and will not result in unreasonable overlooking to the south. It is noted that a distance of some 13m is available between nearest Building A and the rear deck for 120 McLachlan Street. This distance exceeds the DCP-prescribed 9m, for which additional privacy measures are considered necessary. Retention of the Maple tree and new screen planting to the southern boundary (as required by conditions should the application be approved) will maintain visual privacy for 120 McLachlan Street. Should Council be of the view that additional privacy measures along the upstairs verandah were required in this case, it would also be necessary to attach a condition of consent in the event that consent is granted.

Buildings A and B will oppose the dwelling on the adjoining land to the west (known as 124 McLachlan Street, at the site frontage). The western façade comprises first-floor boarding room habitable windows. The subject windows are located a distance of 17.8m from the common boundary. This distance, exceeds the DCP-prescribed 9m, for which additional privacy measures are required. Perimeter landscaping to the vehicle parking area will be established to assist in obscuring views from the development to the historic cottage and its rear yard.

Acoustic Privacy

The DCP sets the following Planning Outcome in regard to Acoustic Privacy:

· site layout and building design:

- protect habitable rooms from excessively high levels of external noise

- minimise the entry of external noise to private open space for dwellings close to major noise sources

- minimise transmission of sound through a building to affect other dwellings.

A Noise Impact Assessment (Wilkinson Murray November 2017) was submitted in support of the proposal. Noise impacts associated with the development involve movement of vehicles in the car park and mechanical plant. The assessment concludes that noise impacts on neighbouring residential receivers associated with the development will comply with established criteria (NSW Industrial Noise Policy) at all times.

Security

The DCP sets the following Planning Outcomes in regard to Security:

· the site layout enhances personal safety and minimises the potential for crime, vandalism and fear

· the design of dwellings enables residents to survey streets, communal areas and approaches to dwelling entrances.

Should the application be approved, conditions would be imposed in relation to surveillance, access control, territorial enforcement and space management in order to reduce the crime risks associated with the proposal.

Circulation and Design

The DCP sets the following Planning Outcome in regard to Circulation and Design:

· accessways and parking areas are designed to manage stormwater

· accessways, driveways and open parking areas are suitably landscaped to enhance amenity while providing security and accessibility to residents and visitors

· the site layout allows people with a disability to travel to and within the site between car parks, buildings and communal open space.

Subject to engineering design, stormwater from the development (including the access driveway and parking areas) will be directed to the drainage channel at the rear of the site. Onsite stormwater detention will be required to limit post-development peak flows to pre‑development levels. Should the application be approved, conditions would be imposed in relation to stormwater management of the development.

The subject land has vehicular access via McLachlan Street adjacent to the southern boundary. The existing vehicle crossing and proposed formed driveway will have a minimum width of 6m to ensure safe and convenient vehicle access to the site with forward entry and exit. The proposed car park layout will comply with AS 2860.1-2004 - Off Street Parking. Landscaping will be provided to the parking area perimeter and adjacent to the access driveway.

The site layout and building design will facilitate the movement of people with a disability between parking area, accessible rooms and communal areas.

Car Parking

The DCP sets the following Planning Outcomes in regard to Car Parking:

· parking facilities are provided, designed and located to:

- enable the efficient and convenient use of car spaces and accessways within the site

- reduce the visual dominance of car parking areas and accessways.

· car parking is provided with regard to the:

- the number and size of proposed dwellings

- requirements of people with limited mobility or disabilities.

As outlined previously, car parking will be provided for the development in compliance with the SEPP (Affordable Rental Housing) 2009 (Clause 29(2)(e)). Ten (10) car spaces are required and 14 provided.

Proposed tree removal along the southern boundary has implications for onsite parking resources. Council’s Manager City Presentation raised no objection to removal of the English Elm, which has suckered profusely; however he requires retention of the Maple. In order to retain the Maple a tree protection zone will be required, comprising an area of approximately 6m in radius from the centre of the stem of the subject tree. The tree protection zone will necessitate the removal of car spaces numbered 13 and 14 and motorcycle space numbered 8. Despite removal of these spaces (via conditions subject to approval), the proposal will remain consistent with the provisions of the SEPP in relation to vehicle parking for the development.

The proposal is inconsistent with the nearest-equivalent car parking requirement of DCP 2004, which requires one space per bedroom, or a total of 22 spaces. The development would have a parking shortfall of 10 spaces (based on removal of car spaces for the tree protection zone). Notwithstanding, the provisions of the SEPP prevail in the event of any inconsistency.

On-street parking is available at the frontage of the development site, with additional spaces at the frontage of adjoining residential parcels to the south along McLachlan Street. It is likely, despite the development’s compliance with the requirements of the SEPP, that on-street parking would be required to accommodate overflow parking needs.

Private Open Space

The DCP sets the following Planning Outcomes in regard to Private Open Space:

· private open space is clearly defined for private use

· private open space areas are of a size, shape and slope to suit the reasonable requirements of residents including some outdoor recreational needs and service functions

· private open space is:

- capable of being an extension of the dwelling for outdoor living, entertainment and recreation

- accessible from a living area of the dwelling

- located to take advantage of outlooks; and to reduce adverse impacts of overshadowing or privacy from adjoining buildings

- Orientated to optimise year round use.

As outlined previously, private open space will be provided for the development in compliance with SEPP (Affordable Rental Housing) 2009 (Clause 29(2)(d)).

Open Space and Landscaping

The DCP sets the following Planning Outcomes in regard to Open Space and Landscaping:

· the site layout provides open space and landscaped areas which:

- contribute to the character of the development by providing buildings in a landscaped setting

- provide for a range of uses and activities including stormwater management

- allow cost effective management.

· the landscape design specifies landscape themes consistent with the desired neighbourhood character; vegetation types and location, paving and lighting provided for access and security

· major existing trees are retained and protected in a viable condition whenever practicable through appropriate siting of buildings, accessways and parking areas

· paving is applied sparingly and integrated in the landscape design.

A landscape plan has been submitted in support of the proposal. Council’s Manager City Presentation provided the following advice in relation to the plan:

“The submitted landscape plan is uninspiring and the selection of trees (Eucalypts) does not meet with the Heritage Advisor’s stipulation of ‘consistent with that in the area’ apart from the mature height (which is rather small). Deciduous exotics are the dominant tree type in the vicinity as such I would recommended examples such as:

- Crepe Myrtle (Lagerstroemia indica) D

- Crab Apple (Malus ioensis ‘Plena’) D

- Chinese Elm (Ulmus parvifolia) Note Chinese Elm is not known to be susceptible to Elf Leaf Beetle. D

- Ornamental Pear (Pyrus sp)

- Trident Maple (Acer

- Persian Witchhazel (Parrotia persica)

A greater number of planted trees [will be required], not just 5 specimens.”

Should the application be approved, conditions would be imposed requiring preparation and implementation of a revised landscape plan by a suitably qualified landscape architect, including but not limited to:

· exotic deciduous species (consistent with the advice of Council’s Manager City Presentation and Heritage Advisor);

· screen planting to the southern (side) boundary adjacent to 120 McLachlan Street;

· screen planting to the western (front) boundary adjacent to 124 McLachlan Street;

· additional plantings to the eastern (rear) boundary appropriate to the flood risk precinct;

· additional plantings to the southern side of the access driveway to soften hardstand; and

· retention of the Maple tree and establishment of a planted tree protection zone.

Stormwater

The DCP sets the following Planning Outcomes in regard to Stormwater:

· onsite drainage systems are designed to consider:

- downstream capacity and need for onsite retention, detention and re-use

- scope for onsite infiltration of water

- safety and convenience of pedestrians and vehicles

- overland flow paths.

· provision is made for onsite drainage which does not cause damage or nuisance flows to adjoining properties.

Subject to engineering design, stormwater from the development will be directed to the drainage channel at the rear of the site. Onsite stormwater detention will be required to limit post-development peak flows to pre-development levels. Should the application be approved, conditions would be imposed in relation to stormwater management of the development to satisfy the requirements of Clause 7.3.

Erosion and Sedimentation

The DCP sets the following Planning Outcome in regard to Erosion and Sedimentation:

· measures implemented during construction to ensure that the landform is stabilised and erosion is controlled.

Should the application be approved, conditions would be imposed in relation to sediment and erosion control during construction.

Subdivision

The DCP sets the following (applicable) Planning Outcomes in regard to urban residential subdivision:

· lots are fully serviced and have direct frontage and access to a public road

· design and construction complies with the Orange Development and Subdivision Code.

The proposal involves Strata subdivision of the development to excise each boarding house and associated parking spaces on separate Strata lots. Vehicle parking and open spaces within the development will be allocated to corresponding Strata lots. The remainder of the site, including driveways, pedestrian areas and landscaped space will comprise common property available for shared use by all boarding house lodgers. The proposed strata subdivision is not contrary to the planning outcomes, nor the provisions of SEPP (Affordable Rental Housing) 2009 (Clause 52).

INFILL GUIDELINES

As considered in the heritage assessment above, the proposed development departs from the Assessment Criteria contained in the Infill Guidelines:

Scale and Form: the proposal is inconsistent with the prevailing residential form, profile and height. “The residential flat building adjoining the subject site to the north is not consistent with the conservation character, and should not be used to justify further degradation of the character” (Heritage Advisor to Orange City Council).

Siting: development on the battleaxe parcel will not affect the established streetscape building line. Notwithstanding, views of the site are available between buildings at the site frontage; as such the building design and detailing should complement the neighbourhood character.

Materials and colour: external colours have been recommended by Council’s Heritage Advisor to mitigate the contemporary building design

Detailing: the general design, materials selection and fenestration are contemporary and have minimal elements which relate to the conservation area.

Based on an assessment of the development against Council’s adopted Infill Guidelines, the requirements of Clause 5.10(4)of the LEP relating to heritage matters and the requirements of Clause 30A of the SEPP (Affordable Rental Housing) 2009 it is recommended that the applicant be requested to consider redesign of the development to more appropriately relate to the context of the surrounding locality.

DEVELOPMENT CONTRIBUTIONS

Orange Development Contributions Plan 2017

Orange Development Contributions Plan provides for the levying of development contributions for residential accommodation (including boarding houses). Based on 22 boarding rooms less 1 credit for the existing residential parcel in the LGA contributions area, development contributions are applicable as follows:

Should the application be approved, a condition would be imposed requiring payment of contributions (applicable to the LGA contributions area) prior to issue of a Construction Certificate for the proposed development.

Open Space and Recreation	22 additional 1 bedroom boarding rooms @ $1,641.58 less 1 standard lot @ $3,891.67	32,223.09
Community and Cultural	22 additional 1 bedroom boarding rooms @ $476.06 less 1 standard lot @ $1,128.59	9,344.73
Roads and Traffic Management	22 additional 1 bedroom boarding rooms @ $2,417.35 less 1 standard lot @ $5,136.89	48,044.81
Plan Preparation & Administration	22 additional 1 bedroom boarding rooms @ $128.54 less 1 standard lot @ $304.72	2,523.16
TOTAL:		$92,135.79

WATER AND SEWER HEADWORKS CHARGES

Section 64 water and sewer headwork charges are applicable to the proposed development. The contributions for water, sewer and drainage works are based on 0.33 water ET and 0.5 sewer ET per boarding room, pursuant to the NSW Water Directorate Guidelines. Should the application be approved, conditions would be imposed requiring payment of contributions prior to issue of a Construction Certificate.

PROVISIONS PRESCRIBED BY THE REGULATIONS S4.15

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

Each boarding room will be considered a separate fire compartment. Details to achieve compliance with the BCA in this respect will be required with a Construction Certificate application. Should the application be approved, conditions would be recommended in relation to this matter.

Buildings to be Upgraded (clause 94)

The proposal does not involve the upgrading of an existing building.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed boarding house. A Section J energy efficiency statement will be required with the Construction Certificate application.

THE LIKELY IMPACTS OF THE DEVELOPMENT S4.15

Impacts on Conservation Area

As considered in the heritage assessment above, the building design for the proposed boarding houses is incompatible with the character of the local area. It is considered that the proposed building design will have adverse effect on the significance of this setting in the East Orange HCA.

Visual Impacts

As outlined in the foregoing assessment, the visual impacts of the proposal are considered unsuitable as the general design does not relate to the neighbourhood built form. Visual impacts associated with siting, massing and landscaping are considered to be within reasonable limit, subject to mitigation conditions should the application be approved.

Residential Amenity

A high standard of residential amenity will be provided to lodgers of the proposed boarding house. In various design considerations, the development exceeds the prescribed controls contained within the SEPP (Affordable Rental Housing) 2009. Impacts of the development on the amenity of adjoining dwellings (in terms of acoustic privacy, visual privacy, solar access and visual bulk) are considered to be within reasonable limit, subject to mitigation conditions should the application be approved.

Anti-Social Behaviour and Crime

Consideration has been given to the principles of Crime Prevention through Environmental Design in the proposed site layout and building design. Should the application be approved, conditions would be imposed in relation to surveillance, access control, territorial enforcement and space management in order to reduce the crime risks associated with the proposal.

Traffic Matters

The proposal is considered to be satisfactory in terms of traffic impacts due to the following:

· The capacity of the local road network is sufficient to accommodate additional localised traffic generated by the boarding houses.

· Onsite vehicle parking resources are consistent with the requirements of the SEPP (Affordable Rental Housing) 2009.

· On-street parking may be required to meet a perceived shortfall of parking spaces (ie 12 car parking spaces are available for a total of 22 boarding rooms). On-street parking is available to the north along McLachlan Street. On-street parking adjacent to the site is suitably removed from intersections and has reasonable sightlines to the north. On‑street parking is unlikely to generate traffic conflicts.

· The car park layout and design will comply with AS 2890.1-2004 - Off-street car parking.

Environmental Impacts

The subject land is contained within an established residential precinct and comprises cleared vacant land, excepting vegetation proposed for removal along the southern boundary. Significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely to be present. The site is not in proximity to any waterway, drinking water catchment or sensitive area.

THE SUITABILITY OF THE SITE S4.15

The subject land is suitable for the development due to the following:

· boarding houses are a permitted landuse in the R1 zone;

· the site is of sufficient area and dimensions to accommodate the proposed development;

· the subject land is flood liable; however Council’s Technical Services Division advises that mitigation conditions may be imposed to manage flood hazards should the application be approved;

· the site has direct frontage and access to McLachlan Street;

· onsite vehicle parking will be provided;

· the site topography will not unreasonably constrain the development nor generate unreasonable offsite impacts;

· there is no known contamination on the land;

· the subject land is located in proximity to the Central Business District, and is accessible via public transport;

· all utility services are available and adequate subject to augmentation;

· the subject land has no biodiversity or habitat value;

· the site is not known to contain any Aboriginal, European or archaeological relics.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT S4.15

The proposed development is defined as "advertised development" pursuant to DCP 2004‑5.3. The application was advertised for the prescribed period, and at the end of that period four (4) submissions had been received. The issues raised in the submissions are considered below.

· Nominated health professionals are unlikely to utilise or require low cost rental accommodation; ongoing use of the boarding rooms by nominated health professionals is unlikely.

Comment: The applicant intends that the boarding houses will be occupied by medical professionals. The intended lodgers is not a matter for Council in consideration of the proposal. Council does not have the ability to impose conditions of consent (nor enforce such conditions) placing limitations on lodgers. It is concurred that ongoing occupation of the boarding houses may not be by medical professionals; however, this is not a planning matter.

· The boarding houses may be occupied by socially or economically disadvantaged persons, with associated potential for adverse social impacts in the neighbourhood.

Comment: Traditional boarding houses, being those with shared facilities, have historically provided low cost rental accommodation for disadvantaged persons. The proposed development comprises ‘new generation boarding houses’ pursuant to SEPP (Affordable Rental Housing) 2009. Pursuant to the SEPP, ‘new generation boarding houses’ provide a form of low cost, self-contained rental accommodation for a wide range of tenants, including singles, retirees, students and young couples. The SEPP contains clear standards for the design and construction of ‘new generation boarding houses,’ in order to increase the supply and diversity of affordable rental housing throughout NSW. Adverse social impacts are not anticipated as a consequence of the proposal, due to the following:

- The proposal complies with or exceeds the development standards contained in SEPP (Affordable Rental Housing) 2009.

- Operation and management of the boarding houses will be governed by legislation (Boarding Houses Act 2012 and the Boarding Houses Regulation 2013).

- Should the application be approved, conditions would be imposed relating to the prevention of crime and anti-social behaviour.

· Insufficient onsite parking is available for the boarding houses; overflow on-street parking will cause traffic congestion and conflict; parking restrictions in McLachlan Street are required.

Comment: As outlined in this report, onsite vehicle parking resources are consistent with the requirements of SEPP (Affordable Rental Housing) 2009. Overflow on-street parking is available in the vicinity of the site. It is not considered that parking restrictions in McLachlan Street are required as a consequence of the development. Notwithstanding, this matter can be monitored and assessed as required in conjunction with Council’s Traffic Committee.

· The development should be ‘gated’ in order to increase site security.

Comment: The proposal does not involve a gate across the access driveway to restrict site access to managers and lodgers. There is no requirement for a gate to be provided.

· The proposal will result in overlooking of the historic cottage at 124 McLachlan Street from first floor west-facing boarding room windows; landscaping will be required to achieve privacy.

Comment: As outlined previously, the subject windows are located a distance of 17.8m from the common boundary with 124 McLachlan Street. DCP 2004 prescribes that ‘habitable room windows on upper-floor levels within 9m from windows or living areas of adjacent dwellings ..… are offset sufficient distance, or include measures to screen or obscure views.’ As such, habitable room windows in the development are located a greater distance to adjoining habitable spaces than prescribed in the DCP, and preclude the need for screening. Perimeter landscaping to the vehicle parking area will be established to assist in obscuring views from the development to the historic cottage (as outlined above).

· The bin bay should not be sited adjacent to existing dwellings.

Comment: A permanent bin enclosure is proposed on the northern side of the access driveway, adjoining the cottage at 124 McLachlan Street. Should the application be approved, a condition would be imposed requiring placement of bins in the bin enclosure on collection days only, and permanent storage of bins elsewhere on the site in a location more convenient to lodgers. This arrangement is consistent with waste collection at other multi-dwelling housing developments in the City whereby the proponent enters into a private waste pick-up contract for the servicing of bins. A further bin storage area for during the week (ie not collection days) would be required to be shown on Construction Certificate drawings.

· Smoking control in McLachlan Street will be required if the boarding house is a non‑smoking facility.

Comment: Communal open space is available for lodgers who choose to smoke.

· The letter boxes should be relocated from the north side of the access driveway at the site frontage.

Comment: There is no planning reason to require relocation of the letter boxes. The facility will be screened from the adjoining dwelling at 124 McLachlan Street by perimeter fencing and landscaping. The proposed location is functional.

· Boarding houses are unsuitable in the low-density residential neighbourhood.

Comment: Boarding houses are permitted in the R1 General Residential zone (being the zoning of the subject land) pursuant to Orange LEP 2011 and SEPP (Affordable Rental Housing) 2009. The proposal is consistent with the relevant R1 zone objectives insofar as the proposal will provide a rental housing option to supplement housing needs in the community, and contribute to the variety of housing types and densities in the neighbourhood. It is considered that the proposed boarding houses will suitably integrate in the neighbourhood in respect of landuse and function.

· The proposed built form will have adverse visual impacts on the streetscape.

Comment: This matter has been variously addressed in this report. It is considered that the proposed built form is unsuitable in this setting.

· The proposed tree removal on the southern boundary will alter the landscape setting.

Comment: As outlined in this report, Council’s Manager City Presentation raised no objection to removal of the English Elm which has suckered profusely, but he requires that the Maple be retained. Should the application be approved conditions would be imposed requiring preparation and implementation of a landscape plan prepared by a suitability qualified landscape architect. New plantings would mitigate vegetation removal along the southern boundary and provide visual screening of the proposed built form.

· The proposal will overlook the rear deck at 120 McLachlan Street (adjoining to the south).

Comment: As outlined in this report, the rear deck at 120 McLachlan Street will oppose the proposed vehicle parking area. Retention of the adjacent Maple on the boundary as noted above will assist to maintain privacy to the deck. Additional plantings on the southern boundary pursuant to an amended landscape plan (as required by conditions should the application be approved) will also assist.

· The proposal will unreasonably overshadow 120 McLachlan Street (adjoining to the south).

Comment: As outlined previously, shadow diagrams have been submitted in support of the proposal. As demonstrated, the proposed development will impact on solar access for the adjoining dwelling to the south at 120 McLachlan Street.

As shown, the proposed development will not overshadow northern windows or the rear (north and east facing) deck from approximately 11am onwards. Similarly, a portion of the rear yard immediately adjacent to the dwelling (between the dwelling and shed) will receive on-ground solar access from approximately 11am onwards.

Shadow calculations have not been submitted; however, it is extrapolated from the diagrams that solar access to 120 McLachlan Street will be maintained consistent with the DCP guidelines (ie 40% of the required open space area for three hours; and 75% of north-facing windows for four hours), notwithstanding overshadowing caused by the proposed boarding houses.

· The balcony/access areas on the south façade of the boarding houses will overlook 120 McLachlan Street.

Comment: As previously considered, Buildings A and B will oppose the cottage on the adjoining land to the south. The first floor southern façade will comprise balconies/ verandahs, entry doors and ensuite windows to boarding rooms. The spaces are non‑habitable and will not result in unreasonable overlooking to the south. A distance of some 13m is available between nearest Building A and the rear deck at 120 McLachlan Street. This distance exceeds the DCP-prescribed 9m for which additional privacy measures are required.

Should the application be approved, conditions would be imposed requiring perimeter planting to the southern boundary of sufficient height to minimise overlooking from Buildings A and D entrance balconies/verandahs to the rear yard of 120 McLachlan Street. Whilst not specifically recommended, should Council be of the view that additional privacy measures along the upstairs verandah were required in this case, it would also be necessary to attach a condition of consent in the event that consent is granted.

· Is strata subdivision of the development permitted?

Comment: Council has sought legal advice which confirms that Strata subdivision as proposed is not contrary to the requirements of SEPP (Affordable Rental Housing) 2009. There are no planning objections to the proposed Strata subdivision.

PUBLIC INTEREST S4.15

The proposal is not inconsistent with the planning regime that applies to the particular landuse and subject land, excepting the heritage and character provisions cited in this report. The proposed landuse is considered to be in the public interest by increasing the supply and diversity of rental housing. However, the proposed building design is considered unsuitable in the particular conservation setting. Approval of the application in the form submitted would not be in the public interest.

SUMMARY

Council’s consent is sought for development of land at 122 McLachlan Street, Orange, for the purpose of boarding houses.

The subject land is located in the East Orange Heritage Conservation Area. Council’s Heritage Advisor does not support the proposal on grounds that that the general building design has minimal elements which relate to the Conservation Area. On this basis, it is considered that the proposal will adversely impact on the significance of the Conservation Area pursuant to Clause 5.10(4) of Orange LEP 2011, and is incompatible with the character of the local area pursuant to Clause 30A of State Environmental Planning Policy (Affordable Rental Housing) (ARHSEPP) 2009.

It is recommended that determination of the application be deferred pending design revisions that that are appropriate to the conservation setting and will satisfy Council’s Development Control Plan 2004 Infill Guidelines.

Attachments

1 Plans, D18/7787 ⇩

2 Submissions, D18/7881 ⇩

Planning and Development Committee 6 March 2018

2.4 Development Application DA 12/2018(1) - 3 Redmond Place

RECORD NUMBER: 2018/266

AUTHOR: Daniel Drum, Senior Planner

EXECUTIVE Summary

Application lodged	16 January 2018
Applicant/s	Orange City Council
Owner/s	Orange City Council
Land description	Lot 6 DP 1031236 - 3 Redmond Place, Orange
Proposed land use	Warehouse or Distribution Centre
Value of proposed development	$0

Council's consent is sought for the use of a Warehouse or Distribution Centre at 3 Redmond Place, Orange, being Lot 6 DP 1031236 (the ‘subject property’).

The subject property was formerly developed and used as a Helicopter Landing Site by NSW Ambulance Medical Retrieval Service.

The proposed use of Warehouse or Distribution Centre will involve the storage of ten vehicles within the former hangar building and truck parking, with one truck to be parked inside the former hangar and one truck to be parked on the former helipad.

Given that the Retrieval Service was moved to the Orange Airport in 2017, the proposed Warehouse or Distribution Centre presents an appropriate re-use of an existing building which may otherwise be vacant.

DECISION FRAMEWORK

Director’s Comment

The proposed development involves the establishment of a Warehouse or Distribution Centre involving the storage of ten vehicles within the former hangar building and truck parking, with one truck to be parked inside the former hangar and one truck to be parked on the former helipad. A section 4.15 evaluation of the development application by staff 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.

It is understood that the subject business premises was established recently following the relocation of the Air Ambulance to the Orange Airport in 2017. Whilst the applicant was of the initial understanding that development consent was not required given the former commercial use of the property prior to them occupying the building, investigations by Planning Staff revealed that development consent was, in fact, required. The applicant submitted this development application to address the issue of illegal development. It is understood that consent was not obtained as a result of a simple oversight by the applicant, Orange City Council.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA 12/2018(1) for Warehouse or Distribution Centre (change of use) at Lot 6 DP 1031236 - 3 Redmond Place, 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 the use of a Warehouse or Distribution Centre at 3 Redmond Place, Orange, being Lot 6 DP 1031236 (the ‘subject property’).

The proposed use of Warehouse or Distribution Centre will involve the storage of vehicles within the former hangar building and truck parking, with one truck to be parked inside the former hangar and one truck to be parked on the former helipad.

The operation of the proposed Warehouse or Distribution Centre is depicted in Figure 1, below:

Figure 1: proposed operation

MATTERS FOR CONSIDERATION

Section 5 Assessment

Section 1.7 Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994

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

Section 4.15 Evaluation

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15(1)(a)(i)