Agenda of Planning and Development Committee

Planning and Development Committee 3 April 2018

2.2 Development Application DA 347/2017(1) - 68-74 Molong Road

RECORD NUMBER: 2018/702

AUTHOR: Andrew Crump, Senior Planner

EXECUTIVE Summary

Application lodged	18 September 2017
Applicant/s	Hargreaves Property Group
Owner/s	Mr J Stojanovic
Land description	Lot 1 DP 393543 - 68-74 Molong Road, Orange
Proposed land use	Service Station; Neighbourhood Shop (two); Business Premises (car wash); Category 1 Remediation; Subdivision (two lot commercial), Signage, Demolition and Tree Removal
Value of proposed development	$3,000,000

Council's consent is sought to construct and operate a 24-hour service station, two neighbourhood shops and a car wash. As part of the development the applicant is proposing a two lot subdivision that will allow the service station/neighbourhood shops to be located on a separate lot from the car wash. To facilitate the development on a more level site, extensive earthworks and retaining walls are required. The land has been identified as contaminated, and as such Category 1 remediation is required. The land concerned is described as Lot 1 DP 393543, known as 68-74 Molong Road, Orange and shown in the below locality plan.

Figure 1 - locality plan

RECENT LEGISLATIVE CHANGES

On 1 March 2018 the Environmental Planning and Assessment Act 1979 was substantially amended. The most immediate change involves the restructuring and renumbering of the Act, with other more substantive changes to be phased in over time. However, for some applications (particularly where an application was lodged prior to the changes coming into effect) the supporting documentation may still reference the previous numbering regime. In the drafting of this report the content and substance of the supporting material has been considered irrespective of which legislative references were used.

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

This development involves a non-residential use replacing a non-residential use in a B6 zone. Given the zoning of the site, such a use was not unlikely. Given there are residences in close proximity and whilst the development meets the outcomes of the LEP and DCP, Councillors need to be satisfied that the development addresses the concerns of objectors. Road safety concerns have been addressed by conditions from the RMS given Molong Road is a major road.

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 347/2017(1) for Service Station; Neighbourhood Shop (two); Business Premises (car wash); Category 1 Remediation; Subdivision (two lot commercial), Signage, Demolition and Tree Removal at Lot 1 DP 393543 - 68-74 Molong Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

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

SUPPORTING INFORMATION

THE APPLICATION/PROPOSAL

The application involves the construction and operation of a 24-hour service station, two neighbourhood shops and a four bay car wash (one automated bay and three self-service bays). The application also involves a two lot subdivision that will allow the service station/neighbourhood shops to be located on a separate lot from the car wash. To facilitate the development on a level site, it is proposed to undertake extensive earthworks and retaining walls. The land has been identified as being contaminated, and as such Category 1 remediation is required. The development is proposed to be established in a series of stages which are outlined below.

STAGING

The applicant submits the staging will comprise the following:

· Stage 1 - subdivision including demolition, tree removal, site remediation, and associated works

· Stage 2 - service station signage and associated works

· Stage 3 - neighbourhood shops and associated works

· Stage 4 - car wash and associated works.

The applicant further clarified the staging with the following:

· The vehicle areas attributed to Stages 1 and 3 will be constructed as a concrete surface to the northern edge of the proposed right of carriageway within proposed lot 100.

· The remaining area (shaded green [attached plans]) will be shaped from the northern edge of the abovementioned right of carriageway to the northern boundary of the site and sown with an appropriate.

· Proposed lot 100 will remain as a grassed area until such time that Stage 4 of the development proceeds. At that point, the relevant retaining structures and the landscaping along the northern edge of the subject land will be provided as proposed.

· On-site stormwater detention will be provided to address all stages of the development and any relevant easements will be created as required. It is understood that Council will impose conditions to this effect.

The above staging presents an issue in relation to achieving the required noise attenuation for the development. This is because the noise assessment does not account for a staged arrangement. The noise assessment arrives at the respective conclusions based on a complete development. If the service station proceeds before the car wash and it is not until the car wash is constructed that the noise wall is built, there would be limited noise attenuation measures controlling the operation of the service station in that interim period.

Accordingly, conditions are attached that require the sound wall (as required within the acoustic assessment) adjacent to the southern side of the power line exclusion zone to be installed at the time of constructing the service station. This will have the effect of also requiring some of the civil works in the northern part of the site to be carried out such that the wall can extend to the required height to achieve the necessary attenuation.

As there is no certainty around when the car wash will be constructed, and therefore when the civil works in that part will be complete, it is considered necessary to require landscaping in the interim period to ensure that the required sound wall presents satisfactorily within the street. Relevant conditions are attached that require landscaping to soften and screen the subject sound wall.

BACKGROUND

The information submitted with the application at the time of lodgement acknowledged the presence of a 66kV power line along the northern boundary, stating that the development had been designed to achieve the required clearances from the subject infrastructure.

Council staff completed their obligations pursuant to clause 45 of SEPP (Infrastructure) and referred the application to Essential Energy (EE) accordingly. EE responded with a requirement for an ASP 3 accredited person to provided EE with evidence that the development complied with the relevant policy document.

As it transpired, the subject power line resulted in an exclusion zone within the development site. Effectively this results in a buffer along the northern boundary of between 9m and 6m from the northern boundary which cannot be developed upon. Consequently, the scale of the car wash has been reduced from five wash bays down to four, and a landscaped buffer can be provided between the development and the adjoining residential property to the north.

The subject exclusion zone is shown below in Figures 2 and 3:

Figure 2: context plan showing wedged shape exclusion zone at the northern boundary

Figures 3: isometric plan showing wedged shape exclusion zone at the northern boundary

Council staff are of the view that this results in a diminution of impact at the interface of the development site and the adjoining residential property.

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

Development Applications lodged prior to 25 February 2018

Section 1.7 of the EP&A Act 1979 identifies that Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994 have effect in connection with terrestrial and aquatic environments.

Notwithstanding, Section 28 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 states that the former planning provisions continue to apply to the determination of a pending planning application, being an application for planning approval made before the commencement of the new Act but not determined before that commencement. The relevant provisions are set out at Part 5A of the historical version of the EP&A Act 1979 dated 24 August 2017.

Having regard to the relevant provisions and based on an inspection of the subject property, it is considered that the proposed development is not likely to have a significant effect on any threatened species, populations or ecological communities or their habitats.

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(1)(a)(i)

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

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

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

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that allows present and future generations to meet their needs by implementing the principles for ecologically sustainable development,

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

The application is considered to be consistent with aims (a), (b) and (c) as listed above.

Clause 1.6 - Consent Authority

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

Clause 1.7 - Mapping

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

Land Zoned:	Land zoned B6 Enterprise Corridor
Lot Size Map:	No Minimum Lot Size
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:	Groundwater 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:	Not within a 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

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

· covenants imposed or required by Council

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

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

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

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

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

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

Part 2 - Permitted or Prohibited Development

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

The subject site is located within the B6 Enterprise Corridor zone. The proposed development is defined as a service station, neighbourhood shops, business premises (car wash) and signage. Each of the above described land uses are defined as follows:

NB the development also involves subdivision, demolition and tree removal, which are addressed separately below.

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

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

(b) the cleaning of motor vehicles,

(c) installation of accessories,

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

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

Neighborhood Shop - means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.

Business Premises - means a building or place at or on which:

(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or

(b) a service is provided directly to members of the public on a regular basis,

and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.

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

(a) an advertising structure,

(b) a building identification sign,

(c) a business identification sign,

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

Service stations, neighbourhood shops, business premises and signage are all permissible in the B6 Enterprise Corridor zone with development consent.

Subdivision, demolition (including tree removal) and Category 1 remediation are also permissible, but are addressed under separate parts below.

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

1 - Objectives of the B6 Enterprise Corridor

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

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

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

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

The development is not inconsistent with the objectives of the zone. The development will provide for an appropriate employment generating commercial landuse on the highway. The landuse will not unreasonably conflict with the primacy of the CBD. The scale of retailing is limited to the shop associated with the service station and two neighbourhood shops that are restricted in floor area under a miscellaneous development standard. No residential uses are proposed.

Clause 2.6 - Subdivision - Consent Requirements

This clause triggers the need for development consent for the subdivision of land, which the applicant has sought through the lodgement of this application.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to a building or work, which the applicant has sought through the lodgement of this application.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 5 - Miscellaneous Provisions

Clause 5.4 - Controls Relating to Miscellaneous Permissible Uses

This clause contains various development standards that apply to specific types of development. Relevantly the clause requires:

· neighbourhood shops to be limited to 140 square metres of gross floor area

There are two neighbourhood shops proposed with floor areas of 80m² and 50m²respectively (aggregate total 130m²). Thus the development is consistent with the above development standard.

Part 6 - Urban Release Area

Not relevant to the application. The subject site is not located in an Urban Release Area.

Part 7 - Additional Local Provisions

7.1 - Earthworks

This clause establishes a range of matters that must be considered prior to granting development consent for any application involving earthworks, such as:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development

(b) the effect of the development on the likely future use or redevelopment of the land

(c) the quality of the fill or the soil to be excavated, or both

(d) the effect of the development on the existing and likely amenity of adjoining properties

(e) the source of any fill material and the destination of any excavated material

(f) the likelihood of disturbing relics

(g) the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area

(h) any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).

The earthworks proposed within the application are considered ancillary to the principle development. Notwithstanding this, the following assessment is provided for completeness. The earthworks proposed in the application relate primarily to the filling of the site to provide a more level area for vehicles to utilise the development. The extent of fill required is reasonably significant along the northern portion of the site. At the most extreme point, the site will be filled approximately 3.5m, which tappers down to existing ground level at the front of the site. Notwithstanding the extent of earthworks, the degree of disruption to the drainage of the site is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways.

The extent of the earthworks will not materially affect the potential future use or redevelopment of the site that may occur at the end of the proposed development's lifespan.

The site is known to be contaminated as detailed below. A remediation action plan has been submitted with the development application – relevant conditions are attached. Conditions are also attached that require the use of verified clean fill only. Excavated materials will be reused onsite as far as possible, and conditions may be imposed to require that surplus materials will disposed of to an appropriate destination.

The earthworks will be appropriately supported onsite through the use of retaining walls as part of the final stage. The impact of the proposed earthworks upon the residential property to the north has been significantly reduced as a result of the power line exclusion zone. There will now be a substantial landscaped buffer between the retaining walls and the boundary. Therefore, the effect on the amenity of adjoining properties is considered to be within acceptable levels.

The site is not known to contain any Aboriginal objects; or European or Archaeological relics. Previous known uses of the site do not suggest that any object or relics are likely to be uncovered. However, Council’s standard precautionary condition is imposed to ensure that should site works uncover a potential aboriginal object, relic or artefact, works will be halted to enable proper investigation by relevant authorities and the proponent required to seek relevant permits to either destroy or relocate the findings.

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

7.3 - Stormwater Management

This clause applies to all industrial, commercial and residential zones and requires that Council be satisfied that the proposal:

(a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting onsite infiltration of water

(b) includes, where practical, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water; and

(c) avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

Council’s Technical Services Division has assessed the development in regards to stormwater. Relevant conditions are attached to ensure that the post-development run-off levels do not exceed pre-development levels.

7.6 - Groundwater Vulnerability

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

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

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

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

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

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

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

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

Clause 7.11 - Essential Services

Clause 7.11 applies and 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 on-site conservation,

(e) suitable road access.

The subject land is located in a fully developed urban environment, and as such all essential services are available to the property.

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 to be made suitable for the proposed development it is satisfied that the land will be remediated before the land is used for that purpose.

Furthermore, SEPP 55 requires that before determining an application for consent to carry out development that would involve a change of use on any of the land specified in subclause (4), the consent authority must consider a report specifying findings of a preliminary investigation of the land concerned. Notably, subclause (4) refers to ‘a purpose referred to in Table 1’.

The land has a long history of being used for the purposes of a motor mechanic, and prior to that a cannery, and before that horticultural purposes.

A preliminary investigation was undertaken which found the land concerned to be contaminated. The contamination relates to a small drum storage area (hydrocarbon impacted soil), as well as asbestos fragments through the road base used to construct an internal driveway. It is noted that four monitor wells have been established within the site boundaries. The particulates in the groundwater within the subject monitoring wells were found to be below the relevant thresholds.

Consequently, Council staff requested that the development be amended to include Category 1 remediation and that a remediation action plan (RAP) be submitted with the application. This was done and a RAP was submitted which outlines the methodology for remediation. The clean-up of the site will involve excavation and stockpiling of hydrocarbon stained material for waste classification and transport to a licenced landfill facility. Following this process the excavated area will be analysed and validated to ensure that all impacted soil is removed and the site is suitable for commercial purposes.

Asbestos material will be excavated in accordance with SafeWork’s (2011) How to safely remove Asbestos. A clearance certificate/validation will be required post removal of asbestos material. Relevant conditions are attached in this regard.

There are no objections to the proposed remediation action plan. Relevant conditions are attached to ensure that the remediation occurs in a manner consistent with the proposed plan.

State Environmental Planning Policy 64 - Advertising and Signage

The application involves a mix of signage, business identification signage and directional signage. The proposed signage (collectively) is as follows:

· 6m high pylon sign displaying business identification signage, fuel products and fuel prices;

· 1.55m directional signage which also includes the business name;

· canopy and building awning signage;

· window decals;

· window film; and

· digital display sign.

This assessment relates only to the proposed signage to be affixed to the 7eleven service station development. Future signage affixed to the neighbourhood shops and car wash will require separate approval; relevant conditions are attached in this regard.

3 Aims, Objectives etc

(1) This Policy aims:

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

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

(ii) provides effective communication in suitable locations, and

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

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

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

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

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

The development is not inconsistent with the aims, objectives etc of the plan. Where an inconsistency exists, a relevant condition is attached to ensure consistency with the plan.

(8) Granting of Consent to Signage

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

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

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

The development is considered to be consistent with the aims, objectives etc of the plan. Additionally, the proposed signage is consistent with the assessment criteria contained in schedule 1 as addressed below, or is conditioned to accord with the relevant criteria.

1 - Character of the Area

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

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

The character of the area is described as a small cluster of commercial properties that have frontage and/or access to the highway, and which sit amongst an area that is primarily residential. The signage within the immediate locality comprises business identification signage of modest sizes. Of particular note is the pylon sign located at the West Orange Self Storage which sits at 3.5m in height. The overwhelming theme of signage within the immediate locality is modest signage of between 2-4m in height.

Council staff initially wrote to the applicant requesting further justification in relation to the proposed 6m pylon sign indicating that:

In relation to the 6m pylon sign, an assessment of the theme of signage in the immediate area reveals that it comprises modest freestanding signage of not higher than 3.5m (West Orange Self-Storage) associated with a small pocket of commercial activities surrounded by residential development. Further justification is required which demonstrates the pylon sign is not incongruous with the locality; or alternatively, the plans should be amended to reduce the height of the subject sign to reflect others in the vicinity.

The applicant responded to this request with the following statements:

In regard to the proposed 6 metre pylon sign, it is our submission that the surrounding residential development pattern should not dictate a reduction in sign height due to the following:

· The subject land is zoned B6 Enterprise Corridor. In other areas around the City that are zoned B6, Council has generally accepted a maximum pylon sign height of 6 metres. It is considered unreasonable to zone the subject land as B6 and then not afford it the same signage expectations that apply to the other B6 zones within the City.

· The proposed pylon sign remains commensurate with the height of the proposed building to which it relates.

In response to the above, the SEPP is set up in a way whereby the proposed signage needs to be compatible with the character of the area - the policy has very little to do with the zoning of the land. Furthermore, the applicant’s comments in regard to other signs in the B6 zone that Council has approved are not supported. Again, the SEPP requires Council to be satisfied that the subject sign is compatible with a particular character or theme of signage, thus the signs referenced by the applicant would have to have been consistent with the character and theme of signage in that particular location.

The character of the area and the theme of signage in this particular circumstance are such that it is appropriate to limit the pylon sign to a height of not more than 4.5m. A relevant condition is attached.

2 - Special Areas

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

Although the subject land adjoins residential properties, the land is not located in a special area.

3 - Views and Vistas

· Does the proposal obscure or compromise important views?

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

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

There are no prominent views identified as being currently enjoyed in the locality that would be impacted by the proposed signage; nor is the proposed signage likely to dominate the landscape or erode the quality of any existing vistas to an unacceptable level.

4 - Streetscape, Setting or Landscape

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

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

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

· Does the proposal screen unsightliness?

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

· Does the proposal require ongoing vegetation management?

With respect to the above comments in relation to the character of the area and the recommended condition to reduce the height of the pylon sign, the signage is considered to have acceptable compatibility with the streetscape; and the scale, proportions and form are commensurate with the setting and landscape.

The signage affixed to the forecourt canopy and pay-point building will have acceptable streetscape compatibility and will be not be incongruous with the broader locality.

Again, with respect to the recommended condition in relation to the height of the pylon sign; the proposed signage will sit appropriately against trees, buildings, dwellings and other structures in the backdrop.

5 - Site and Building

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

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

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

The proposed signage will have an acceptable relationship with the host building to which it is affixed and the site in general. There are no important features of the site or building that warrant protecting. The signage is similar to the style and approach to branding of similar developments within the City. The signage does not exhibit any material innovation or imagination, but nonetheless it is considered to be acceptable.

6 - Associated Devices and Logos With Advertisements and Advertising Structures

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

Not relevant.

7 - Illumination

· Would illumination result in unacceptable glare?

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

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

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

· Is the illumination subject to a curfew?

The proposed signage will be illuminated. Given the proximity of the proposed illuminated signage to nearby residential receivers, a condition is imposed that requires a lux level study of all illuminated signage to be completed, submitted to and approved by the Principle Certifying Authority prior to the issue of an Occupation Certificate. The study is to be prepared by a suitably qualified expert and is to demonstrate that the lux levels of the illuminated signage are below or equal to the accepted lux levels contained within relevant standards, polices or the like.

8 - Safety

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

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

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

This primarily relates to the location of the pylon sign. The width of the verge, the central positioning of the pylon sign within the frontage of the site and the distances between the sign and the respective entry and exit result in a circumstance where drivers will have good sight lines entering and exiting the site. The proposed signage is not likely to create any undesirable safety issue for motorists, cyclists or pedestrians.

State Environmental Planning Policy 33 - Hazardous and Offensive Development

State Environment Planning Policy 33 - Hazardous and Offensive Development is applicable to the assessment of this application. The principle purpose of the SEPP is to determine whether or not a development is potentially hazardous or potentially offensive; and in the event of such, to assess what measures will be implanted to reduce the likely risks.

The SEPP relies on a series of guidelines and other papers to determine whether a development is potentially hazardous or potentially offensive. The guidelines adopt a threshold test based on the particular characteristics of a particular development and its setting and context (ie types of goods being stored, dispensed and transported, quantities, distances of fill points and dispensers from boundaries etc). It should be noted that if a particular development falls below the relevant thresholds, the SEPP is considered to not apply to the development.

The following is an assessment of the relevant thresholds.

The development is not a type that is listed as offensive development within the Applying SEPP 33 guidelines.

The submitted information states that the fuel storage will consist of the following Class 3 hazardous substances:

Hazardous Material	Quantity (KL) Nominal Capacity	Classification and Package Group
Unleaded 91	60	3 PG II
Ethanol 10	30	3 PG II
Premium Unleaded 95	30	3 PG II
Premium Unleaded 98	30	3 PG II
Automotive Diesel Fuel	30	3 PG II**
Total Class 3	180KL

** Combustible Liquid Class C1, treated as Class 3 PG II for assessment purposes as it is stored with petrol.

The above listed fuels will be stored in two underground type 90 double walled storage tanks arranged as one; 60,000/30,000 split and the other a 30,000/30,000/30, 000 split.

As the storage will be underground the total quantity is divided by 5 to apply the relevant threshold test - ie 180/5 = 36KL

The following threshold test has been carried out.

Figure 4: application of relevant threshold test

The relevant separation distance of fill points and dispensaries is approximately 7.3m to the boundary.

The fill points and bowsers/dispensers are in excess of 7.3m to all boundaries. NB This includes the northern boundary of the proposed subdivision created under Stage 1.

The applicant also submits that the volume of deliveries will be below the relevant transportation thresholds. Relevant conditions are attached to ensure that the development remains below the threshold in the future.

From the above it can be concluded that a preliminary hazard analysis (PHA) is not required, and therefore SEPP 33 does not apply to the development. Notwithstanding this, the applicant has undertaken a PHA as a matter of completeness.

The submitted information provides a risk analysis to determine what level of qualitative risk analysis is required. That analysis concludes that having plotted the frequency of an event against consequences based on relevant population density and the like, the societal risk is determined to be negligible. Accordingly, a level one qualitative risk analysis is required, which has been submitted with the application.

The effect of the development upon the biophysical environment is considered to be negligible. The development is not located in an environmentally sensitive area and is in excess of 200m from the closest mapped creek or stream, being Ploughmans Creek within Somerset Park.

From the foregoing assessment it can be concluded that the development is acceptable in terms of the requirements of SEPP 33.

State Environmental Planning Policy (Infrastructure)

Clause 45

Clause 45 of the SEPP (Infrastructure) requires Council to refer development applications to the relevant electricity supply authority in circumstances where there is electricity infrastructure on the land concerned or adjoining the land concerned.

As mentioned above, there is a large 66kV power line running along the northern boundary of the subject land. The presence of the power line resulted in a requirement for an exclusion zone to be put in place and the development redesigned accordingly.

The redesigned development was referred back to Essential Energy as required by the relevant clause, and accordingly Essential Energy raised no objections to the amended proposal (which now includes the exclusion area). However, that organisation did provide a number of comments that are attached as advisory notes.

Although not required by Essential Energy, a condition is attached that controls the height of landscaping within the exclusion zone.

Clause 101

The purpose of this clause is to ensure that new development that has frontage to a classified road does not impact upon the ongoing operations and functions of the road; and also that any noise sensitive development will not be impacted upon by the subject road.

The subject land has frontage to just one road, which is the classified road, there are no opportunities for the land to be served by any other roads. Council staff are satisfied that the design and management of the development (which includes one-way circulation) are arranged in such a way that the development will not unreasonably impact upon the classified road.

Finally, the development is not a noise sensitive development.

Clause 104

This clause identifies certain development being of a relevant size or capacity as development requiring the concurrence of Roads and Maritime Service (RMS) as traffic generating development. The proposed development is identified as traffic generating development, and accordingly the concurrence of the RMS has been obtained.

The RMS raises no objections to the (amended) development application. However, that department requires the following to be done as part of the issuance of their concurrence:

· All vehicle access to and from the land from Molong Road is to be in a forward direction.

· Prior to the issuance of an occupation certificate, a Channelised Right Short [CHR(s)] turn treatment in accordance with Figure 7.18 Part 4A of Austroads Guide to Road Design (copy enclosed), and relevant Roads and Maritime supplements, is to be provided in Molong Road at its intersection with the site entry driveway. The intersection works are to be designed and constructed for a 50km/h speed zone and be able to accommodate the largest vehicle accessing the intersection.

· Prior to the issuance of an occupation certificate, an Auxiliary Left Short [AUL(s)] turn treatment in accordance with Figure 8.10 Part4A of Austroads Guide to Road Design (copy enclosed), and relevant Roads and Maritime supplements, is to be provided in Molong Road at its intersection with the site entry driveway. The intersection works are to be designed and constructed for a 50km/h speed zone and be able to accommodate the largest vehicle accessing the intersection.

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

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

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

· “No Entry” (R2-4) signs are to be provided on the land at each side of the exit driveway. The signs are to face Molong Road to advise motorists not to enter the site from Molong road via the exit driveway.

· “No Entry” (R2-4) signs are to be erected on the land on each side of the entry driveway. The signs are to face the site to advise motorists not to exit onto Molong Road via the entry driveway

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

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

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

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

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

· Landscaping, signage and fencing are not to impede sight lines of traffic within or when passing, entering or departing from the site. Safe Intersection Sight Distance (SISD) is to be provided and maintained in both directions of Molong Road. For a 50km/h speed zone, SISD is 97 metres.

· Signage is to be in accordance with the Department of Planning and Environment’s Transport Corridor Outdoor Advertising and Signage Guidelines 2017, is not to flash, move or be objectionably glaring or luminous.

The above have been incorporated into the development consent as conditions.

It is noted that the applicant has not elected to have the application treated as integrated development under Section 138(b) of the Roads Act.

Council staff, following normal procedure, referred the application to the RMS pursuant to Clause 104 of the SEPP (Infrastructure). The RMS submission also includes their concurrence as required under the Roads Act. In meeting the requirements of the Roads Act, the applicant is obligated to obtain all necessary approvals, licences or agreements prior to works occurring on the land.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION 4.15(1)(a)(ii)

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

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)

Development Control Plan 2004

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

· Chapter 0 – LEP 2011;

· Chapter 2 – Natural Resource Management;

· Chapter 3 – General considerations;

· Chapter 8 - Development in Business Zones;

· Chapter 14 – Advertisements; and

· Chapter 15 - Car Parking).

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

Pursuant to Planning Outcome 0.2-1 Interim Planning Outcomes - Conversion of Zones:

· Throughout this Plan, any reference to a zone in Orange LEP 2000 is to be taken to be a reference to the corresponding zone(s) in the zone conversion table.

The corresponding zone to zone 3b Business Services (Orange LEP 2000) is zone B6 Enterprise Corridor (Orange LEP 2011). As such, Orange DCP 2004 - Chapter 8 is of primary relevance to the assessment, along with the other relevant chapters addressed below.

Chapter 0 – LEP 2011

PO 0.4-11 INTERIM PLANNING OUTCOMES - TRANSPORT ROUTES

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

The architectural style and design, the adopted materiality and the extent of landscaping for the development will result in a development with an acceptable streetscape compatibility and a reasonable standard of visual appeal.

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

The RMS has attached a condition that addresses this issue.

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

As above.

· Where land has more than one street frontage the street with the lower volume of traffic is to provide the principal access to the development, subject to safety considerations.

The development only has frontage to Molong Road. As detailed above, the RMS has reviewed the development and issued their concurrence, which includes conditions that require the necessary road treatment within Molong Road and other requirements.

· 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.

As detailed above, the RMS has reviewed the development and issued their concurrence, which includes conditions that require the necessary road treatment within Molong Road and other requirements.

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

The off-street parking characteristics for this development are somewhat unusual in the sense that neither the service station (save for the convenience store which does generate a parking demand) and the car wash generate a real parking demand based on how they function - they need queuing space more so than individual parking spaces. Notwithstanding this, the location of the proposed parking within the site will be obvious from the street. In relation to space ‘15’, being the allocated staff parking space for the car wash, this will be less obvious. Accordingly, a condition is attached that requires a sign indicating that the space is dedicated for staff only. A further condition is attached that obligates staff to park their vehicle in the staff parking space.

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

Not applicable.

Chapter 2 – Natural Resource Management

Chapter 2 – Natural Resource Management provides planning outcomes for stormwater quality, groundwater quality, soil resource management, vegetation management, and flora and fauna management; all of which have been considered above under the heading Orange LEP 2011 (stormwater, groundwater) or the above biodiversity considerations.

Chapter 3 – General Considerations

Chapter 3 provides planning outcomes of a general nature. Those of relevance to this assessment relate to cumulative impacts, scenic landscape, urban areas and energy efficiency. These are all addressed elsewhere within this report. Cumulative impacts and urban areas are addressed below under the heading “Likely Impacts”. Energy efficiency is addressed through a condition that requires a report addressing Section J of the Building Code of Australia to be submitted.

Chapter 8 – Development in Business Zones

PO 8.2-1 PLANNING OUTCOMES - BUSINESS SERVICES AREAS

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

The proposed development will have a neutral effect on the primacy of the CBD. The proposed development will provide a service to the travelling public and residents within the area. Moreover, the scale of the retailing component is controlled by a development standard.

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

Relevant conditions are attached which address this requirement.

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

Not applicable.

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

By their very nature and function, service stations and car washes are difficult to design in a way whereby a high level of architectural design is exhibited. That being said, this development presents acceptably. The building along the southern boundary and also the car wash will be constructed principally using concrete tilt panels, and the retail component will also incorporate aluminium shopfronts. It is unclear what purpose the shade sail structure in front of the automated car wash serves. This structure is considered to be incompatible with the streetscape, and as such it is recommended that structure be deleted from the development.

Landscaping will ensure an appropriate level of streetscape capability.

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

A detailed landscape plan has been submitted that demonstrates the landscape design intent. The design rationale incorporates shrubs and groundcovers as the only new plantings and relies on existing trees within the site that are being retained.

Council’s Manager City Presentation (MCP) has reviewed the development with respect to tree removal and proposed new landscaping. The MCP has concluded that given the extent of tree loss and the significant change to the streetscape both within the site and from the footpath, a condition is recommended that requires an additional six (6) trees be to planted within the site that have a mature height of at least 8m.

The exclusion zone that has been established under the existing power line along the northern boundary will be densely planted with small shrubs and groundcovers. Obviously, the mature heights of plants within the exclusion zone is a key consideration to ensure that vegetation does not conflict with the electricity infrastructure. The selected plants shown on the landscape plan will have a mature height of less than 2m. This is considered acceptable.

With respect to the imposition of the above condition relating to the planting of an additional six trees, the development is considered acceptable with regards to landscaping.

Chapter 14 – Advertisements

An assessment of proposed signage has been addressed under SEPP 64 above.

Chapter 15 – Car Parking

The separate landuses that are considered to generate a parking demand are the service station including the convenience store, the car wash and the neighbourhood shops. As the subdivision is occurring under the first stage, the parking demand for the petrol station and neighbourhood shops are considered separately to the demand generate by the car wash.

The DCP does not specify an onsite parking demand for a car wash. In such situations the DCP requires a professionally prepared traffic and parking study to be prepared and submitted with the application.

A traffic and parking study was submitted with the application prepared by McLaren Traffic Engineers.

The DCP provides the following parking requirements for services stations and shops outside of the CBD.

Service Station – combined total of 3 spaces for each work bay and 1 space per 25m² of gross floor area (GFA) of the shop, convenience store or pay area.

Shops (outside the CBD) – 6.1 Spaces per 100m² of gross leasable floor area (GLFA).

The McLaren report assessed the parking demand for the service station and neighbourhood shops by adopting the rationale that the neighbourhood shops contribute to the collective convenience shop offerings, and as such would generate the same parking demand rate as the service station shop.

Based on this approach the following equation is used to calculate parking demand:

Land use

Type

Scale

Rate

Spaces required

Service station

Work bay

Convenience store

Nil

313m²GFA

3 spaces/work bay

1 space/25m²

12.52

Total

13 spaces

Council staff do not accept the adopted rationale as the two landuses (service station shop and the two neighbourhood shops) do not have a dominate/subservient relationship. They are equally dominant, they are independent of each other and are likely to be operated as such. Accordingly, Council staff requested that the applicant address the parking demand on this basis. The applicant accordingly analysed the parking demand based on Council staff’s position and provided the following:

Land use	Type	Scale	Rate	Spaces required
Service station	Work bay Convenience store	Nil 183m²GFA	3 spaces/work bay 1 space/25m²	0 7.32
Neighbourhood shop	-	130m²	6.1 spaces / 100m²GLFA	7.93
Total				15.25 spaces

The submitted plans show the provision of 14 onsite parking spaces, thus resulting in a deficiency of 1.25 spaces (or 2 whole spaces).

As mentioned above, the DCP does not include a parking requirement for a car wash. The McLaren report concludes that the way a car wash typically operates results in a neutral parking demand as people do not typically leave their vehicle except to wash it. However, there should be allocation made for a single staff member.

Council staff accept the above position adopted within the McLaren report. To ensure that the car wash is operated in the same manner contemplated within the application, a condition is attached that limits the number of staff working at the car wash at any one time to not more than two staff. This is accounting for one staff member arriving to the car wash by a mode other than self-driven vehicle (ie walk, ride or car pool for example).

The submitted information provides little supporting justification in relation to the methodology that results in the development having a 2 space deficiency as the conclusions within the McLaren report rely on the rationale that the shops all have the same parking demand.

The SoEE does, however, point out that the way a typical customer uses a service station means that the forecourt acts as a parking resource. This is because people will typically fill their vehicle with fuel, then briefly leave their vehicle at the bowser and then proceed to the pay point.

Additionally, the forecourt area will also provide reasonable queuing opportunities for the use of both the car wash and service station. Moreover, there will be a reasonable means of escape to exit the site if a driver, having entered the site, then decides not to use the facilities.

Notwithstanding the 2 space deficiency as a result of the development, the development is considered to be acceptable and will not generate an unreasonable environmental impact within the locality.

SECTION 64 WATER AND SEWER HEADWORKS CHARGES

The service station and the car wash are both development types that require the levying of water and sewer headworks charges pursuant to section 64 of the Local Government Act. Relevant conditions are attached.

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)

Demolition of a Building (clause 92)

The proposal involves the demolition of existing buildings within the site. A condition is attached requiring the demolition to be carried out in accordance with Australian Standard AS2601 - 1991: The Demolition of Structures.

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.

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)

Context and Setting

The subject land is located on the northern edge of a small conglomeration of commercially zoned properties comprising self-storage units and light industrial/warehousing type land uses. The land has direct frontage to the Mitchell Highway. The land is approximately 100m from the intersection of Forbes Road and Molong Road, and 200m from the intersection of Molong Road and the Northern Distributor Road.

To the north of the subject land lies residential properties. A veterinary hospital is situated on the opposite of the highway and a further commercial property adjoins the vet to the north. The land benefits from an unusually deep footpath/verge which provides a sense of a larger setback from the public realm.

Traffic Impacts

The development will generate a greater volume of traffic than is currently experienced. Notwithstanding this, the design of the development in terms of circulation, stacking/ queuing opportunities for both fuel and the car wash, the number of parking spaces provided and the capacity of Molong Road will result in a situation that is not expected to impact upon the operations of the highway; nor is it expected to generate any unacceptable traffic impacts within the locality.

The requirements of the RMS have been included as conditions of consent within the Notice of Approval.

Impacts Upon the Natural Environment

The subject land does not comprise any significant vegetation. The trees to be removed from both the subject land and the street are exotic or non-native species. The development is not expected to impact upon any endangered ecological communities, endangered species or their habits.

In terms of the development’s impacts upon water quality, relevant conditions are attached that deal with the treatment of stormwater before it leaves the site.

Public Realm (Street trees)

The development necessitates the removal of two small street trees which are identified as Fraxinus excelsior ‘Aurea’. Council’s Manager City Presentation has reviewed the proposal and has indicated no objections subject to a condition being imposed that requires a $1,500 loss of public amenity fee per tree ($3,000 total) to be paid to Council. Council will then use that money to plant two new street trees once the construction has concluded and the development is operational.

Amenity (tree loss within the property)

Council’s Manager City Presentation has reviewed the proposed development in relation to the request to remove a number of trees within the development and has responded with the following:

The streetscape of Molong Road is uniformly planted with Golden Ash (Fraxinus excelsior ‘Aurea’) on the eastern side and Chinese Pistachio (Pistacia chinensis) on the western side. The proponent proposes to remove two Golden Ash trees from the road reserve (Council street trees), a further two Golden Ash trees from within the subject property on the Molong Road boundary, and a number of Box Elders (Acer negundo) and a Lombardy Poplar (Populus nigra ‘Italica’) from the rear of the existing building.

Not noted on the plans but also requiring removal are two Chinese Pistachio trees immediately in front of the existing building at the northern end. There is also a third Golden Ash in the property’s north-western corner that is not indicated on the survey plan and its retention or removal is not identified. I would suggest that the tree be retained as it provides a significant contribution to the streetscape.

The proponent has identified that they will retain the southernmost Ash tree. This specimen by all intentions, when planted, would have been meant to be a Golden Ash for consistency of the four trees planted on the street boundary of the subject property. However, its root stock has dominated and the tree has characteristics of a Desert Ash. By the amount of seed currently existing within the canopy the tree is likely to be under stress, with dieback to the canopy more than likely to eventuate (diagnosis of symptoms).

This is shown diagrammatically below:

In light of the above it is recommended that approval be granted for the removal of the follow trees occurring on the subject property (as identified on the attached image sheet):

· 2 x Golden Ash (Fraxinus excelsior ‘Aurea’) and one Desert Ash typ. (Fraxinus sp) from the front property boundary;

· 2 x Chinese Pistachio (Pistacia chinensis) immediately adjacent to the building at the northern end; and

· 4 x Box Elders (Acer negundo) and one Poplar (Populus nigra ‘Italic’) located behind the existing building.

The following conditions recommended by Council’s Manager City Presentation are attached as conditions of consent.

· The two Golden Ash (Fraxinus excelsior ‘Aurea’) street trees indicated on Site Plan 1708 DA-101 Dated 26.2.18 as being retained shall have Tree Protection Zone fencing established in accordance with AS 4970 – 2009 Protection of trees on development sites. The TPZ shall be a minimum of 2 metres in radius, measured from the centre of the stem of each tree, the TPZ fencing shall be temporary construction site fencing or similar and clearly signed ‘Tree Protection Zone’.

· A landscape plan shall be submitted for approval by Council’s Manager City Presentation that addresses the loss of amenity tree planting along the street frontage of the subject property. The plan is to include the planting of a minimum 6 trees growing to a minimum mature height of 8 metres within the property boundaries.

A condition is also attached that requires the retention of the golden ash in the north-western corner of the site.

Noise

An acoustic report has been submitted in support of the development. Simply put, the report analyses background noise levels, predicts the noise levels of the development and then recommends controls to ensure the development will be acceptable and not cause unsatisfactory noise impacts in the locality.

As mentioned above under the heading “Staging”, the noise report presents conclusions and recommendations based on a complete development; it does not contemplate the noise implications based on the development being constructed in stages. As such, to ensure that the service station (constructed as Stage 2) does not create any unreasonable noise impacts, the sound wall located on the southern side of the power line exclusion zone is required to be constructed prior to the occupation of the service station. The staging arrangement proposed by the applicant would result in this being constructed under the final stage relating to the car wash. Relevant conditions are attached.

The acoustic study provides commentary around why plant and equipment have not been considered. This is common practice with these types of facilities; but to ensure that the selected plant complies with the necessary requirements, a condition is attached that requires a further noise study to demonstrate compliance. Additionally, a commissioning report is required at the various stages to ensure that the development, once operational, is consistent with the relevant noise targets.

In terms of the ongoing operation of the development, the noise report recommends that the car wash cease operations no later 10pm each evening. This is likely to impede upon the general amenity of the area, and as such a more reasonable time has been recommended by Council’s Manager Building and Environment to be 9pm. A relevant condition is attached.

Further conditions are attached in relation to when and how many deliveries can be made to the development during the night time period.

As the tenants of the neighbourhood shops is unknown at this stage, to ensure that the operation of those shops is appropriate once occupied, a condition is attached that requires separate development applications to be lodged for their first use and fitout. This will give Council the opportunity to consider things like hours of operation, deliveries and the like based on their specific use.

Cumulative Impacts

Cumulative impacts of a development can arise under four typical scenarios, namely:

· time crowded effects where individual impacts occur so close in time that the initial impact is not dispersed before the proceeding occurs

· space crowded where impacts are felt because they occur so close in space they have a tendency to overlap

· nibbling effects occur where small, often minor impacts, act together to erode the environmental condition of a locality and

· synergistic effects, where a mix of heterogeneous impacts interact such that the combined impacts are greater than the sum of the separate effects.

This development has the potential to generate a number of the above scenarios, such as a circumstance where all the car wash bays are being operated at the one time, or vehicles queuing during busing periods. That being said, the design and management of the development and the imposed conditions of consent (particularly those relating to noise) will ensure that the likely cumulative impacts are kept to within community expectations.

Safety, Security and Crime Prevention

Typically, crime prevention is achieved by delineating public and private areas, providing physical barriers (territoriality) and surveillance opportunities (both natural surveillance and closed circuit television recordings). The development is considered acceptable in regards to crime prevention. The public and private spaces will be well demarcated and the orientation and openness of the site will allow reasonable opportunities for natural surveillance. Notwithstanding this, it is considered appropriate to require a plan of management for the ongoing operations of the site that details the necessary measures, such as:

· adequate staff training;

· holding an incident register on the site (including complaints);

· installation of a ‘panic button’ for emergencies;

· 24 hour CCTV surveillance;

· money handling procedures;

· theft procedures;

· external lighting;

· clear sightlines to forecourt; and

· restricted staff areas.

A relevant condition is attached in regards to a plan of management.

With respect to the required plan of management, the development is considered acceptable in relation to safety, security and crime prevention.

Neighbourhood Amenity

Having established the context and setting above, it is important to address the likely impacts upon the neighbourhood amenity. The Land and Environment Court established the following planning principle in Seaside Property Developments Pty Ltd v Wyong Shire Council [2004]:

As a matter of principle, at a zone interface as exists here, any development proposal in one zone needs to recognise and take into account the form of existing development and/or development likely to occur in an adjoining different zone. In this case residents living in the 2(b) zone must accept that a higher density and larger scale residential development can happen in the adjoining 2(c) or 2(d) zones and whilst impacts must be within reason they can nevertheless occur. Such impacts may well be greater than might be the case if adjacent development were in and complied with the requirements of the same zone. Conversely any development of this site must take into account its relationship to the 2(b) zoned lands to the east, south-east, south and south-west and the likely future character of those lands must be taken into account. Also in considering the likely future character of development on the other side of the interface it may be that the development of sites such as this may not be able to achieve the full potential otherwise indicated by applicable development standards and the like.

The subject land has a long history of being used for non-residential purposes. Under LEP 11 the land was zoned light industrial; following that under the two succeeding LEPs (which includes the current LEP) the subject land has been zoned for commercial purposes. Accordingly, it would not be unreasonable to expect a commercial use from occurring on the land, a use that is listed as permissible under the LEP. However, as outlined by the Court, this should not come at the cost of an appropriate level of amenity to the adjoining neighbours. As outlined in the foregoing assessment, the design of the development (particularly with the inclusion of the necessary exclusion zone which will be densely landscaped, management of the development and recommended conditions of consent around the operation of the car wash), will have a satisfactory level of impact upon land within the adjoining zones and will not jeopardise future development of adjoining land.

THE SUITABILITY OF THE SITE s4.15(1)(c)

The site is considered suitable for the proposed development. The proposed landuses are permissible in the zone and the development is considered to be consistent with the objectives of the zone. Moreover, Council staff are not aware of any natural, physical or technological hazards within the site that would unreasonably constrain the development form occurring in a satisfactory manner.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

The proposed development is defined as "advertised development" under the provisions of State Environmental Planning Policy 55 - Remediation of Land. The application was advertised for the prescribed period of 30 days and at the end of that period nine (9) submissions had been received. The submissions were provided to the applicant to address and a response was received.

The development was advertised in Orange City Life on Thursday, 23 November 2017. Exhibition was extended to account for the Christmas/New Year period and concluded on Friday, 5 January 2018.

Submission 1 - resident of 10 Royle Drive

The submission indicates that the residents of the above mention property raise no objection to the development.

Council staff comment

Noted.

Submission 2 - resident of 7 Royle Drive

The submission raises concerns in relation to noise and traffic impacts, and health implications of the residents in relation to fuel emissions. The submission also raises concerns in relation to the impact that the development may have on the real estate market in the area in the future. The submission concludes with a comment that this development would be better suited to the bypass.

Council staff comment

The potential noise impacts and traffic impacts are addressed in detail within the report. In relation to the health implications associated with the development, the applicant submits that a vapour recovery system capable of recovering 97% of vapours will be installed. To ensure this occurs a relevant condition of consent is attached. Additionally, further conditions are attached that require the development to be constructed to accord with all relevant regulations, standards and the like. Another condition is attached that requires the development to be carried out in accordance with the Preliminary Hazard Analysis and Summary. In relation to the concerns relating to the development effecting property values, as mentioned below, this is not considered a planning consideration. In relation to the comment regarding this type of use being better suited to a location along the bypass, the

Submission 3 - resident of 12 El Paso Place

The submission raises concerns in relation to noise impacts, light pollution, increased traffic/traffic congestion, hours of operation and property values. The submission also raises four general questions relating to controlling fuel spills, visual impacts, privacy impacts and increase of traffic and pedestrian activity in the submitters’ neighbourhood.

Council staff comment

The concerns relating to noise, light spill, traffic, hours of operation and property values have all been addressed in detail within the report.

In relation to the specific questions, a condition is attached that requires the development to be carried in accordance with the Preliminary Hazard Analysis and Summary document submitted with the application. In relation to the visual impacts that the submitter is concerned about, with respect to the existing surrounding built form it is unlikely that the development would be seen from the submitter’s property.

The two existing industrial scale buildings located at 66 Molong Road would serve the purpose screening much, if not all of the development from view from their property. In relation to privacy, given the separation distance and the existing buildings situated between the submitter’s property and the development site, the likelihood of the development causing any unsatisfactory privacy impacts is minimal.

In relation to increased traffic and pedestrian activity within El Paso Place, the likelihood of the development directly causing an increase in vehicle and pedestrian movements within El Paso Place is unlikely. There would be no need for vehicles to enter EL Paso Place, nor would there be a need for pedestrians to use El Paso Place as there are no access points from the rear of the site.

Submission 4 - resident of 4 Linda Crescent

The submission raises concerns in relation to noise pollution, traffic congestion and traffic safety, pedestrian connectivity, safety (in relation to crime prevention, vandalism, crime etc), environmental issues in relation to the operation of the service station, the effect of the development on property values and concerns in relation to the hours of operation.

Council staff comment

Noise, traffic, pedestrian connectivity, crime prevention and environmental considerations are addressed in detail above under the heading “Likely Impacts of the Development”. The considerations in relation to events involving fuel spills are addressed under the heading “SEPP 33”.

As mentioned elsewhere within this report, the effect a development may or may not have on the property market is not possible to quantify, and as such Council staff have consistently held the position that such a consideration is not a relevant planning consideration under section 4.15 of the Act.

The hours of operation are addressed above in relation to the likely noise impacts; and have also been considered in relation to safety, security and crime prevention.

Submission 5 - resident of 76 Molong Road

The submission raises concerns in relation to noise impacts as a result of the development and the possible health effect of fuel vapours and the like. The submission also raises concerns in relation to traffic impacts and makes comment that: “I will lose my on-street parking”. The submitter questions how many petrol stations are needed within the City. The submission also raises concerns in relation to property values, claiming they will have difficulty selling their property in the future and that they could lose $100,000 in value.

The submission also notes the extent of fill and retaining walls in the northern corner of the site.^{^[1]}

Finally, the submission brings to Council’s attention two matters. Firstly, it is claimed that the initial notification letter was not received at the above mentioned residence of the submitter, nor at another address connected to the submitter. Secondly, the submitter highlights an anomaly within the acoustic report which references 78 Molong Road as the closest receiver rather than 76 Molong Road.

Council staff comment

The matters relating to noise, health effects, and property values have been addressed in detail elsewhere within the report. In relation to the submitter’s query regarding the number of services stations, Council’s current planning scheme provides a mechanism for determining what landuses are appropriate in what locations. The planning system does not attempt to achieve what ordinary commercial markets would achieve. In other words, this would be a market-driven phenomena based on demand, rather than a planning function.

The submission was based on plans as originally submitted, which shows development along the common boundary with the submitter’s property. As mentioned above, the development has been amended to provide an exclusion zone along the northern boundary. This has the effect of pushing the development off the common boundary and providing a landscaped strip/exclusion zone along the northern boundary. As a consequence of the exclusion zone, a positive outcome is achieved in terms of impacts upon the adjoining owner.

In relation to the administrative matters raised in the submission, Council’s records indicate that all correspondence has been sent to the correct mailing address at the time the correspondence was sent. In relation to “78” Molong Road being referenced instead of “76” Molong Road, the applicant has clarified that the mistake related to a typographical error and has since been corrected in the amended application material.

Submission 6 - resident of 78 Molong Road

The submission raises a number of points of concern under several headings which are separately listed and addressed below.

Environmental and personal impacts of refilling – The submission raises health concerns relating to volatile organic compounds and their impacts on human health. The submission cites a journal article and suggests that the article concludes that petrol emissions and spillages can lead to contamination of the surrounding area for up 100m. The submission queries whether a vapour recovery system is being installed, if the development is consistent with the POEO (Clean Air) Regulations, if the development is a hazardous area and why there are no hazardous classification drawings included in the application.

Council staff comment

In relation to the above comments, the development is considered to be consistent with SEPP 33, being the principle planning instrument that deals with potentially hazardous and potentially offensive development. Additionally, the applicant has indicated that a vapour recovery system capable of recovering 97% of all vapours will be installed. A relevant condition is attached.

Also, a condition is attached that requires the development to be constructed and operated in accordance with all relevant regulations, Australian Standards or the like. A further condition is attached that requires the development to be carried out strictly in accordance with the submitted Preliminary Hazard Analysis and Summary prepared by Myros dated 15 August 2017.

In relation to the health concerns with specific reference to the cited journal article, the article relates mostly to highly trafficked major freeways and the like, or large scale fuel refineries. Council staff are unable to agree with the correlations purported within the submission in relation to the findings of journal article therein.

Noise pollution to nearby residents – The submission raises various questions in relation to the rigorousness of the acoustic testing, and questions what equipment was used and when was it last calibrated.

Council staff comment

The acoustic assessment has been scrutinised by Council’s Manager Building and Environment who has recommended that the development is acceptable subject to various conditions, which are attached and addressed above under the “Likely Impacts” section of this report.

The applicant’s response to submissions included advice from the acoustician that clarifies the matters raised in the submission, including the methods other than a sound wall to control noise. Further comment is provided in relation to frequency to the effect that the modelling has been based on a worst case scenario where all wash bays are in use.^{^[2]} In relation to vehicles driving over grates, this level of detail was beyond the scope of the report. Should such a scenario eventuate this would be controlled under the Protection of Environment Operations Act. Notwithstanding this, a condition is attached which ensures that all grates within the trafficable areas are designed in a way that reduces nuisance when driven over.

In relation to the plant room, the design of the plant room will be subject to final design of the plant and equipment inside. A further acoustic report is required, along with a commissioning report once operational. These are required by conditions of consent which address this issue.

The applicant’s response to the submissions has included a calibration certificate of the equipment used.

Light Pollution – The submission states that there are no controls in relation to light spill.

Council Staff Comment

There is a condition attached that requires a lux study of the proposed illuminated signage. Additionally, Council’s standard condition in relation to the relevant Australia Standard relating to the control of obtrusive outdoor lighting is also attached.

Operating Hours - The submission references the hours of operation of the existing landuse and questions why a 24 hour facility would be contemplated next to a residential zone.

Council staff comment

The hours of operation of the service station are proposed to be 24 hours. The car wash will have specific controls to ensure compliance with noise requirements, which requires all operations associated with the car wash including the vacuum bays to cease no later than 9pm each evening. The initial design (prior to the establishment of the power line exclusion zone) proposed five (5) wash bays, one of which was required to be shut down by 6pm to comply. As the car wash was reduced in scale by one wash bay, this staged curfew is no longer required.

The 24 hour service station has been designed in a way that would suggest a level of cognisance with the surrounding landuse pattern. The service station has been positioned within the site so that it will be effectively buffered on all sides by non-residential landuses.

As addressed above, the stagging proposed, whereby the service station precedes the other uses, particularly the car wash (at which point the sound wall is proposed to be constructed), presents an outcome where an unacceptable noise impact is likely. Thus, conditions are attached that require the necessary sound wall at the same time as the service station is being constructed. This will ensure that the operations of the service station do not present an unacceptable noise impact.

Additionally, controls are required around when deliveries to the site can be made; and also, a plan of management addressing the safety, security and crime prevention measures is required to be prepared (prior to Construction Certificate) and implemented prior to the occupation of the service station.

Traffic – The submission raises concerns in relation to the effects the development will have in redirecting traffic from the distributor. The submission also questions what controls will be in place to control traffic noise and compression braking of trucks, what design aspects have been made to allow for safe pedestrian crossing and safe turning of cars and trucks, and questions whether vehicles will be able to enter and leave without crossing double white lines.

Council staff comment

The development is likely to draw some level of traffic off the distributor road momentarily, but then return to the NDR via a right hand turn out of the facility back to the NDR (It should be noted though, that a service station does already exist close to the NDR off Hanrahan Place (and a second facility approved opposite the Woolworths facility)). Notwithstanding this, the access treatment (required by RMS) and the capacity of Molong Road could easily cater for such a circumstance. Typically though, it is expected that the majority of traffic will be attributed to those within the local area or vicinity.

The RMS has imposed a condition limiting the size of vehicles that are able to fill up at the facility to be not more than 12.5m in length. This will have the effect of limiting traffic to a certain sized vehicle, meaning semi-trailers are not able to use the facility other than to deliver fuel. This will also have the effect of reducing the likelihood of compression braking associated with the facility.

As mentioned above, the RMS has imposed conditions requiring a particular turn treatment for the facility to ensure safe ingress and egress.

Property values – The submission states that the development will decrease property values within the locality and questions what will be put in place to subsidise residents due to decreased property value.

Council staff comment

Council staff have held a consistent view that the effect of development on property values within the locality is not a relevant planning consideration. There are a multiplicity of factors effecting property values within a particular area, both in the short and long run. The effect a development may have on property values in a locality is not something that can be accurately quantified.

Removal of Vegetation and Environmental Factors - The submission raises concerns in relation to the extent of tree removal and other environmental issues, such as fuel leaving the site in stormwater, leakage prevention, requirements of a HASOP and the clearance requirements in relation to the power line.

Council staff comment

The extent of landscaping being removed from the site is addressed in detail above, along with measures to ensure that replacement trees are planted within the site.

In relation to the other environmental matters raised, Council’s Technical Services Division has imposed conditions that relate to stormwater treatment targets - the proposed underground tanks are double-walled to significantly reduce the risk of leakages. In relation to the requirements of a HASOP, a HASOP is not required. The development has been assessed against the requirements of SEPP 33 (being the principle environmental planning instrument for developments that could be classified as potentially hazardous or potentially offensive – this development is not classified as either). Additionally, a condition is attached that requires the development to be carried out in accordance with all relevant regulations, Australian Standards, policies, guidelines and the like.

The requirements of the necessary clearances relating to the power line are addressed in detail above.

Other similar facility’s within Orange – The submission references other similar facilities and highlights some alleged issues that have transpired with regards to noise. The submission queries the hours of operation of all the various aspects of the development and questions what will be in place if future changes occur to the facility.

The submission further questions the appropriateness of the location of the development and suggests that the distributor road would make a better location for the development. The submission also suggests that all other service stations have pedestrian access via a formed footpath, however there is no formed footpath within Molong Road.

This section of the submission concludes with a comment in relation the typographical error within the acoustic report.

Council staff comment

Council staff can only assess the development as presented. Notwithstanding this, from experience Council staff are cognisant of how other facilities operate and the typical issues that arise. This experience has been drawn upon when determining what controls should be imposed on the development to ensure that it operates in a satisfactory manner.

In relation to the comment in regards to the NDR, there are limited opportunities for a similar development to be located on the western sector of the NDR, and moreover, the NDR has been designed in a manner that reduces the number of connection points from the NDR to ensure its efficiency in moving traffic.

It is also worth noting that the B6 zoning allows for a service station to be established provided it is acceptable in terms of likely impacts.

In relation to the submitter’s last point under this heading, the applicant has acknowledged the error and described it as a typographical error and it has been corrected.

Further General Questions

The submission raises the following general questions, Council staff have provided comment directly following each question.

· Will there be increased traffic within my neighbourhood?

There is likely to be an increase in traffic within the area. However, the effect of the increase in traffic is not expected to result in an unacceptable environmental impact in the locality for the reasons outlined throughout the report.

· Is there adequate car parking provided onsite?

As mentioned above, adopting the rationale that treats the pay point of the service station separate to the neighbourhood shops, there is a two (2) space deficiency. However, Council staff have accepted that the deficiency is not likely to create an unacceptable environmental impact in the locality for the reasons outlined under the heading “Chapter 15 – Car Parking”.

· Will the development ‘fit-in’ with my neighbourhood?

The “neighbourhood” is characterised as a cluster of well-established commercially zoned properties located on a highway that is surrounded by residential properties. The proposed use is a commercial use commensurate with the long-standing non-residential use of the land. It is noted that prior to the preceding LEP the land was zoned light industrial, and prior to that the land was zoned for agricultural purposes. Based on the surrounding context and the historic landuse pattern, Council staff are of the view that the development is consistent with the neighbourhood character.

· Do building setbacks meet the standards?

There are no applicable setback requirements that apply to the land given the zoning of the land. That being said, from a likely impacts perspective the development is satisfactory in terms of siting. The car wash component adopts a setback that is behind the building line of the dwelling located on 76 Molong Road to the north. On the southern side the submitted plans show a 10m front setback to the building proper. This is considered acceptable.

There are no objections to the proposed siting of the buildings within the development in terms of front setbacks.

Relevant fire safety requirements would apply to side and rear boundaries where buildings are within 3m of the boundary.

· Will the proposed development overshadow my windows/backyards etc?

There will be zero impacts in relation to overshadowing of the submitter’s property. This is because the submitter’s residence is not located directly next to the development site – rather it is separated from the site by another residence.

· Are there any windows that overlook my property?

There are no windows that would cause an impact upon the residential amenity of the submitter’s property.

· How far is the proposed dwelling setback from my boundary/dwelling?

With respect to the author, Council staff are uncertain what is meant by this query; there are no dwellings proposed as part of the development.

· How would the proposal look from my property?

The submitter’s property is one property separated from the development site. That being said, it would be possible to see the development from the submitter’s backyard. The submitter would be able to see the retaining wall along the northern boundary, the northern elevation of the plant room and part of the car wash.

· Can I see the proposal from my property?

It is likely the submitter would be able to see the development from the rear of their property. That being said, being able to see a development is not sufficient grounds for a development to be considered unacceptable.

· Are there any trees or bushes to be removed from the property?

· Is there any replanting proposed?

The extent of tree removal and the level of replanting have been addressed in detail above.

· Will development affect the drainage in the area?

Council’s Technical Services staff have provided a referral which includes appropriate conditions of consent that deal with the management of stormwater.

· Can a fuel spill be controlled onsite?

A condition is attached that requires the development to be carried out in accordance with the Preliminary Hazard Analysis and Summary, which addresses spill incidents.

Submission 7 - El Paso Place resident

Council staff comment

This submission is principally a facsimile of Submission 6 which has been addressed in detail above. The general questions posed at the end of the submission (such as what will the development look like from the submitter’s property) are not possible to answer as the submission is effectively anonymous, save for the author residing somewhere in El Paso Place.

Submission 8 - anonymous

Council staff comment

Submission 9 - 80 Molong Road

Council staff comment

This development is principally a facsimile of Submission 6, however some additional text has been added. Notwithstanding the additional text, all the additional comments in this submission have been addressed throughout the report.

As the submitter has provided an address it is possible to address the general questions as they relate to their property.

Further General Questions

The submission raises the following general questions, Council staff have provided comment directly following each question.

· Will there be increased traffic within my neighbourhood?

· Is there adequate car parking provided onsite?

· Will the development ‘fit-in’ with my neighbourhood?

It is noted that prior to the preceding LEP the land was zoned light industrial, and prior to that the land was zoned for agricultural purposes. Based on the surrounding context and the historic landuse pattern, Council staff are of the view that the development is consistent with the neighbourhood character.

· Do building setbacks meet the standards?

Relevant fire safety requirements would apply to side and rear boundaries where buildings are within 3m of the boundary.

· Will the proposed development overshadow my windows/backyards etc?

There will be zero impacts in relation to overshadowing of the submitter’s property. This is because the submitter’s residence is not located directly next to the development site - rather it is separated from the site by two other properties. Moreover, the submitter’s property is located to the north of the development site.

· Are there any windows that overlook my property?

There are no windows that would cause an impact upon the residential amenity of the submitter’s property.

· How far is the proposed dwelling setback from my boundary/dwelling?

With respect to the author, Council staff are uncertain what is meant by this query; there are no dwellings proposed as part of the development.

· How would the proposal look from my property?

The submitter’s property is two properties separated from the development site. As such, it would be difficult to see the development from the submitter’s backyard as the dwellings and fences located at 78 and 76 Molong Road would obscure the development. It may be possible for the submitter to see the tops of buildings along the northern boundaries, however, this is not considered to result in an unacceptable impact.

· Can I see the proposal from my property?

As above.

· Are there any trees or bushes to be removed from the property?

· Is there any replanting proposed?

The extent of tree removal and the level of replanting have been addressed in detail above.

· Will development affect the drainage in the area?

Council’s Technical Services staff have provided a referral which includes appropriate conditions of consent that deal with the management of stormwater.

· Can a fuel spill be controlled onsite?

A condition is attached that requires the development to be carried out in accordance with the Preliminary Hazard Analysis and Summary, which addresses spill incidents.

PUBLIC INTEREST s4.15(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment.

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of Orange LEP 2011 (as amended) and DCP 2004. A section 4.15 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, D18/15544 ⇩

2 Plans, D18/15255 ⇩

3 Submissions, D18/13890 ⇩

Planning and Development Committee 3 April 2018

2.2 Development Application DA 347/2017(1) - 68-74 Molong Road

Attachment 1 Notice of Approval

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 347/2017(1)

NA18/ Container PR8504

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Hargreaves Property Group
Applicant Address:	C/- Peter Basha Planning & Development PO Box 1827 ORANGE NSW 2800
Owner’s Name:	Mr J Stojanovic
Land to Be Developed:	Lot 1 DP 393543 - 68-74 Molong Road, Orange
Proposed Development:	Service Station; Neighbourhood Shop (two); Business Premises (car wash); Category 1 Remediation; Subdivision (two lot commercial), Signage, Demolition and Tree Removal

Building Code of Australia building classification:	As determined by Certifier

Determination made under Section 4.16
Made On:	3 April 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	4 April 2018
Consent to Lapse On:	4 April 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 ensure compliance with relevant statutory requirements.

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

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

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

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

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

Conditions

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

(a) Plans by Peter Basha Planning and Development

Reference 17030DA:

Sheets 1 to 5 (including aerials) - dated 15 March 2018 (9 sheets)

Plans by studio architecture

Reference 1708:

DA-100 dated 21 March 2018

DA-100.1 dated 26 February 2018

DA-100.2 dated 19 October 2017

DA-101 dated 21 March 2018

DA-102 dated 21 March 2018

DA-103 dated 21 March 2018

DA-301 dated 21 March 2018
DA-302 dated 21 March 2018

DA-401 dated 21 March 2018

DA-501 dated 11 October 2017

DA-502 8 September 2017 (11 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.

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

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

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

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

DEMOLITION AND TWO LOT SUBDIVISION

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) 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. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(6) Proposed Lots 100 and 101 are to be provided with interlot stormwater drainage where the surface of the entire lot cannot be drained to the kerb and gutter at the lot frontage. A grated concrete stormwater pit is to be constructed within each lot provided with interlot stormwater drainage. Stormwater shall be piped from proposed lots 100 and 101 to the existing stormwater pipes located at the rear of 16 El Paso Place. Engineering plans for this drainage system are to be approved by Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. Evidence of a drainage easement benefitting Lot 1 DP 393543 is to be provided to the Certifying Authority prior to issuing a Construction Certificate.

(7) A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve proposed Lot 100. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

(8) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

PRIOR TO WORKS COMMENCING

(9) The beneficiary of the consent shall pay to Council a loss of public amenity fee of $1,500 per Council street tree removed, total $3,000; for Council to readdress the streetscape once construction works have ceased and the facility operational. The proponent shall remove, at their cost, the two Golden Ash Street trees marked on Site Plan 1708 DA-101 Dated 21.3.18 as being removed for vehicle access points.

(10) The two Golden Ash (Fraxinus excelsior ‘Aurea’) street trees indicated on Site Plan 1708 DA-101 Dated 21.3.18 as being retained shall have Tree Protection Zone fencing established in accordance with AS 4970 – 2009 Protection of trees on development sites. The TPZ shall be a minimum of 2 metres in radius, measured from the centre of the stem of each tree, the TPZ fencing shall be temporary construction site fencing or similar and clearly signed ‘Tree Protection Zone’.

(11) 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.

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

DURING CONSTRUCTION/SITEWORKS

(13) The remediation works shall be carried out in accordance with the Remediation Action Plan prepared by Envirowest Consulting Ref. R8260RAP Dated 16 October 2017.

(14) Only clean verified fill shall be transported onto the site. Excavated material, if not required for removal to meet the remediation action report requirements, shall be used on site as far as practicable. All excess excavated material shall be appropriately classified and disposed of at an authorised waste facility.

(15) If Aboriginal objects, relics, or other historical items or the like are located during development works, all works in the area of the identified object, relic or item shall cease, and the NSW Office of Environment and Heritage (OEH), and representatives from the Orange Local Aboriginal Land Council shall be notified. Where required, further archaeological investigation shall be undertaken. Development works in the area of the find(s) may recommence if and when outlined by the management strategy, developed in consultation with and approved by the OEH.

(16) The golden ash located in the North West corner of the site shall be retained. The ash tree in the south western corner of the site shown on the submitted plans as being retained shall be removed and replaced as per the amended landscape plan.

(17) All trafficable grates installed within the driveway system shall be designed and installed in a manner that prevents nuisance buy way of noise when vehicles drive over them.

(18) 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.

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

(20) Asbestos containing building materials must be removed in accordance with the provisions of the Work Health and Safety Act 2011 and any guidelines or Codes of Practice published by Safe Work NSW, and disposed of at a licenced landfill in accordance with the requirements of the NSW EPA.

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

(22) 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 lots 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.

(23) The water and sewerage services to the existing building are to be sealed off at their respective Council mains.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

(24) All necessary validation reports and asbestos clearance certificates shall be submitted to Council for Council’s records. The subdivision shall not be released until such time as the receipt of all necessary validation and clearance certificates have been acknowledged by Council staff in writing.

(25) Application shall be made for a Subdivision Certificate under Section 109(C)(1)(d) of the Act.

(26) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 1.0 ETs for water supply headworks and 1.0 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(27) Application is to be made to Telstra/NBN for infrastructure to be made available to each individual lot within the development. Either a Telecommunications Infrastructure Provisioning Confirmation or Certificate of Practical Completion is to be submitted to the Principal Certifying Authority confirming that the specified lots have been declared ready for service prior to the issue of a Subdivision Certificate.

(28) A Notice of Arrangement from Essential Energy stating arrangements have been made for the provision of electricity supply to the development, is to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate.

(29) An easement to drain sewage and to provide Council access for maintenance of sewerage works a minimum of 2.0 metres wide is to be created over the proposed sewerage works. The Principal Certifying Authority is to certify that the easement is in accordance with the Orange City Council Development and Subdivision Code prior to the issuing of a Subdivision Certificate.

(30) All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(31) Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the proposed Lots requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

(32) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(33) Prior to the issue of a Subdivision Certificate, reciprocal rights of way shall be established over the proposed common driveways, internal vehicle access and common parking areas for Lots 100 and 101.

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

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

SERVICE STATION

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(36) The proposed 6m high pylon sign shall be reduced in height from 6m down to 4.5m. The amended pylon sign shall be clearly shown on the plans submitted with an application for a Construction Certificate.

(37) The two Golden Ash (Fraxinus excelsior ‘Aurea’) street trees indicated on Site Plan 1708 DA-101 Dated 21.3.18 as being retained shall have Tree Protection Zone fencing established in accordance with AS 4970 – 2009 Protection of trees on development sites. The TPZ shall be a minimum of 2 metres in radius, measured from the centre of the stem of each tree, the TPZ fencing shall be temporary construction site fencing or similar and clearly signed ‘Tree Protection Zone’.

(38) An amended landscape plan shall be submitted to and approved by Council’s Manager City Presentation that addresses the loss of amenity tree planting along the street frontage of the subject property. The plan shall include the planting of a minimum 6 trees growing to a minimum mature height of 8 metres within the property boundaries.

Additionally, the landscape plan shall also provide planting in the location of the required sound wall on the southern side of the power line exclusion zone. The landscaping shall be designed such that it provides softening and screening of the required wall without conflicting with the power line.

The amended landscape plan shall be submitted to, and approved by Council’s Manager City Presentation prior to the issue of a Construction Certificate for the Service station.

(39) The service station shall include a vapour recovery system capable of achieving a capture efficiency of at least 97% of petrol vapours. The plans submitted with an application for a Construction Certificate shall clearly show the required vapour recovery system.

(40) A safety, security and crime prevention plan of management shall be prepared which outlines the measures that are to be implemented for the development in relation to safety, security and crime prevention. The plan of management must detail measures such as, but not limited to:

· adequate staff training;

· holding an incident register on the site (including complaints);

· installation of a ‘panic button’ for emergencies;

· 24 hour CCTV surveillance of all areas of the development;

· money handling procedures;

· theft procedures;

· external lighting;

· clear sightlines to forecourt; and

· restricted staff areas.

The safety, security and crime prevention plan of management shall be submitted to and approved by the principle certifying prior to the issue of a Construction Certificate. The plan shall also make provision for the neighbourhood shops proposed as a separate stage.

(41) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. No plumbing and drainage is to commence until approval is granted.

(42) The applicant shall provide the Principal Certifying Authority and Council with a report from a qualified Acoustic Consultant that certifies that all mechanical services and equipment proposed to be installed within the development will comply with the noise goals identified in the Noise Impact Assessment Report by Wilkinson Murray Report No. 17149 Version D dated 23 February 2017.

(43) An 3.5m high acoustic fence shall be installed on proposed Lot 100 as required in the Noise Impact Assessment Report by Wilkinson Murray Report No. 17149 Version D dated 23 February 2017. The fence shall be a lapped and capped design and shall be wholly constructed of hardwood timber. Plans shall be amended to identify this fence prior to the issue of a Construction Certificate.

(44) Prior to the issue of a Construction Certificate evidence shall be provided to the Principal Certifying Authority that proposed Lots 100 and 101 have been registered with NSW Land and Property Information.

(45) Engineering plans providing complete details of the proposed driveway and car parking areas are to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and are to be in accordance with Orange City Council Development and Subdivision Code. Driveways shall cross the footpath reserve at 90 degrees to the alignment of the kerb and gutter.

(46) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction (or Occupation) Certificate. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

(47) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 0.8 ETs for water supply headworks and 1.7 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

(48) All stormwater from the site is to be collected and piped to a stormwater treatment system. The design and construction of the stormwater treatment system for the subject land shall ensure that the quality of stormwater leaving the developed site shall achieve the following stormwater quality targets:

· 85% reduction in the post development mean annual load of Total Suspended Solids (TSS);

· 65% reduction in the post development mean annual load of Total Phosphorus (TP);

· 45% reduction in the post development mean annual load of Total Nitrogen loads (TN);

· 90% reduction in the post development average annual gross pollutant (>5 millimetres) load;

· No observable Hydrocarbons present in stormwater discharge (<10ppm).

Orange City Council is to approve engineering plans for this stormwater system prior to the issuing of a Construction Certificate. The applicant shall undertake comprehensive water quality modelling on for the site, using an accredited assessment tool (recommended using Music™ or other approved assessment tool) and shall include copies of the electronic data files. Modelling shall be undertaken for both pre and post development scenarios.

(49) Engineering plans, showing details of the following traffic management works, are to be submitted to and approved by Orange City Council prior to the issue of a Construction Certificate:

· Vehicle access for both lots 100 and 101 shall be entry only via the northern driveway on Lot 100 and exit only for both lots via the southern driveway on Lot 101;

· Linemarking of traffic flow direction arrows within the site enforcing a one way traffic flow within the site;

· Line marking of Molong Road to provide a BAR urban right turn treatment for the northern entry-only driveway;

· Installation of ‘No Standing’ signs on the western side of Molong Road between Royle Drive and the northern limit of the BAR right turn line marking;

· Any Roads and Maritime Services requirements.

(50) A copy of a Works Authorisation Deed from the Roads and Maritime Services for the proposed work on Molong Road is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate.

(51) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

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

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

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

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

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

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

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

(53) 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.

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.

PRIOR TO WORKS COMMENCING

(54) 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.

(55) 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.

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

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

DURING CONSTRUCTION/SITEWORKS

(58) If Aboriginal objects, relics, or other historical items or the like are located during development works, all works in the area of the identified object, relic or item shall cease, and the NSW Office of Environment and Heritage (OEH), and representatives from the Orange Local Aboriginal Land Council shall be notified. Where required, further archaeological investigation shall be undertaken. Development works in the area of the find(s) may recommence if and when outlined by the management strategy, developed in consultation with and approved by the OEH.

(59) The service station shall be designed and constructed in accordance with all relevant Regulations, Australian Standards, guidelines or similar relevant documents.

(60) All trafficable grates within the driveway system shall be designed and installed in a manner that prevents nuisance by way of noise when vehicles drive over them.

(61) Only clean verified fill shall be transported onto the site. Excavated material, if not required for removal to meet the remediation action report requirements, shall be used onsite as far as practicable. All excess excavated material shall be appropriately classified and disposed of at an authorised waste facility.

(62) 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.

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

(64) 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.

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

(66) All services (water, sewer and stormwater) shall be laid outside the easement unless there is a direct connection to the main within that easement.

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

(68) 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.

(69) 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.

(70) 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.

(71) The existing kerb and gutter laybacks and footpath crossings are to be replaced with standard concrete kerb and gutter and the footpath reinstated to the requirements in the Orange City Council Development and Subdivision Code.

(72) A 1.2m wide concrete footpath is to be constructed for the full frontage of the development.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(73) A lux level study of the proposed illuminated signage and outdoor lighting shall be undertaken by a suitably qualified person. The maximum lux level of the proposed illuminated signage and outdoor lighting shall be consistent with recognised relevant Australian Standards, guidelines or the like. The lux level study shall be submitted to the Principle Certifying Authority for approval prior to the issue of an Occupation Certificate.

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

(75) All Landscaping shall be installed in accordance with the approved plans prior to the issue of an Occupation Certificate.

(76) The duress alarm, CCTV system etc as required by the safety, security and crime prevention plan of management shall be installed and made operational prior to the issue of an Occupation Certificate.

(77) 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.

(78) 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.

(79) 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.

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

(81) The 3.5m high acoustic fence as detailed in the Noise Impact Assessment Report by Wilkinson Murray Report No. 17149 Version D dated 23 February 2017and landscaping shall be installed on proposed Lot 100 prior to the issue of any Occupation Certificate.

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

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

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

(85) Where stormwater detention or stormwater treatment systems are located on land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the burdened Lot requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the stormwater drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

(86) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(87) 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.

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(89) The service station shall be operated (in perpetuity) in a manner that is consistent with the Preliminary Hazard Analysis and Summary prepared by myros design pty. Ltd. dated 15 August 2017.

(90) The measures outlined in the safety, security and crime prevention plan of management shall be implemented at all times.

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

(92) The maximum number of annual fuel deliveries shall not exceed 300 deliveries.

(93) The landscaping within the power line exclusion zone shall be permanently maintained and kept at a height of not more 2m above existing ground level.

(94) This consent only provides approval for the signage relating to the service station. No signage has been approved for the neighbourhood shops or the car wash. A separate development application shall be submitted to and approved by Council prior to the erection of any signage of a type that does not meet the exempt development provisions contained in State Environmental Planning Policy (Exempt and Complying Development Code) 2008.

(95) 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.

(96) 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.

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

(98) Deliveries shall be limited as follows:

· Truck deliveries and servicing (waste collection, fresh food, dry goods, etc.) during daytime and evening periods, that is 7.00am to 10.00pm, shall occur in the designated loading bay;

· Truck deliveries and servicing (fresh food, dry goods etc) during night time periods, that is 10.00pm to 7.00am, are limited to occur under the canopy, where vehicles must enter and leave the site, as well as manoeuvre within the site, in a forward direction only. Delivery drivers shall be made aware of this prior to deliveries taking place on the site. The designated loading bay shall be cordoned off during night time periods, so that delivery vehicles with reversing alarms do not impact on the amenity of surrounding residents; and

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

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

SHOPS

(100) Development applications shall be lodged for the first use and fitout of the proposed neighbourhood shops.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(101) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. No plumbing and drainage is to commence until approval is granted.

(102) The applicant shall provide the Principal Certifying Authority and Council with a report from a qualified Acoustic Consultant that certifies that all mechanical services and equipment proposed to be installed within the development will comply with the noise goals identified in the Noise Impact Assessment Report by Wilkinson Murray Report No. 17149 Version D dated 23 February 2017.

PRIOR TO WORKS COMMENCING

(103) The two Golden Ash (Fraxinus excelsior ‘Aurea’) street trees indicated on Site Plan 1708 DA-101 Dated 21.3.18 as being retained shall have Tree Protection Zone fencing established in accordance with AS 4970 – 2009 Protection of trees on development sites. The TPZ shall be a minimum of 2 metres in radius, measured from the centre of the stem of each tree, the TPZ fencing shall be temporary construction site fencing or similar and clearly signed ‘Tree Protection Zone’.

(104) 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.

(105) 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.

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

DURING CONSTRUCTION/SITEWORKS

(107) If Aboriginal objects, relics, or other historical items or the like are located during development works, all works in the area of the identified object, relic or item shall cease, and the NSW Office of Environment and Heritage (OEH), and representatives from the Orange Local Aboriginal Land Council shall be notified. Where required, further archaeological investigation shall be undertaken. Development works in the area of the find(s) may recommence if and when outlined by the management strategy, developed in consultation with and approved by the OEH.

(108) All trafficable grates within the driveway system shall be designed and installed in a manner that prevents nuisance by way of noise when vehicles drive over them.

(109) 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.

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

(111) 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.

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

(113) All services (water, sewer and stormwater) shall be laid outside the easement unless there is a direct connection to the main within that easement.

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

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

(116) 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.

(117) 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.

(118) 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.

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

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

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

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(123) This consent only provides approval for the signage relating to the service station. No signage has been approved for the neighbourhood shops or the car wash. A separate development application shall be submitted to and approved by Council prior to the erection of any signage of a type that does not meet the exempt development provisions contained in State Environmental Planning Policy (Exempt and Complying Development Code) 2008.

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

(125) 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.

(126) 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.

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

CAR WASH

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(128) The shade sail structure in front of the automated wash bay is to be deleted from the proposal.

(129) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. No plumbing and drainage is to commence until approval is granted.

(130) Prior to the issue of a Construction Certificate evidence shall be provided to the Principal Certifying Authority that proposed Lots 100 and 101 have been registered with NSW Land and Property Information.

(131) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction Certificate. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

(132) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 22.8 ETs for water supply headworks and 36.0 ETs for sewerage headworks (a 1.0 ET site credit will be applied at the time of payment for both water and sewer headworks). A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

(133) Engineering plans, showing details of the following traffic management works, are to be submitted to and approved by Orange City Council prior to the issue of a Construction Certificate:

· Vehicle access for both lots 100 and 101 shall be entry only via the northern driveway on Lot 100 and exit only for both lots via the southern driveway on Lot 101;

· Linemarking of traffic flow direction arrows within the site enforcing a one way traffic flow within the site;

· Line marking of Molong Road to provide a BAR urban right turn treatment for the northern entry-only driveway;

· Installation of ‘No Standing’ signs on the western side of Molong Road between Royle Drive and the northern limit of the BAR right turn line marking;

· Any Roads and Maritime Services requirements.

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

(135) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

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

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

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

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

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

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

(137) All stormwater from the site is to be collected and piped to a stormwater treatment system. The design and construction of the stormwater treatment system for the subject land shall ensure that the quality of stormwater leaving the developed site shall achieve the following stormwater quality targets:

· 85% reduction in the post development mean annual load of Total Suspended Solids (TSS);

· 65% reduction in the post development mean annual load of Total Phosphorus (TP);

· 45% reduction in the post development mean annual load of Total Nitrogen loads (TN);

· 90% reduction in the post development average annual gross pollutant (>5 millimetres) load,

· No observable Hydrocarbons present in stormwater discharge (<10ppm).

(138) 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.

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.

PRIOR TO WORKS COMMENCING

(139) The two Golden Ash (Fraxinus excelsior ‘Aurea’) street trees indicated on Site Plan 1708 DA-101 Dated 21.3.18 as being retained shall have Tree Protection Zone fencing established in accordance with AS 4970 – 2009 Protection of trees on development sites. The TPZ shall be a minimum of 2 metres in radius, measured from the centre of the stem of each tree, the TPZ fencing shall be temporary construction site fencing or similar and clearly signed ‘Tree Protection Zone’.

(140) 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.

(141) 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.

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

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

DURING CONSTRUCTION/SITEWORKS

(144) Only clean verified fill shall be transported onto the site. Excavated material, if not required for removal to meet the remediation action report requirements, shall be used on site as far as practicable. All excess excavated material shall be appropriately classified and disposed of at an authorised waste facility.

(145) 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.

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

(147) 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.

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

(149) All services (water, sewer and stormwater) shall be laid outside the easement unless there is a direct connection to the main within that easement.

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

(151) 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.

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

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

(154) The parking space identified as space no. ‘15’ on the approved plans shall be utilised as staff parking associated with the car wash. Staff of the car wash must park in the dedicated space before parking anywhere else within the site. A suitable sign shall be erected advising that the space is for car wash staff only.

(155) 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.

(156) 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.

(157) 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.

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

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

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

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

(162) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(163) 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.

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(165) This consent only provides approval for the signage relating to the service station. No signage has been approved for the neighbourhood shops or the car wash. A separate development application shall be submitted to and approved by Council prior to the erection of any signage of a type that does not meet the exempt development provisions contained in State Environmental Planning Policy (Exempt and Complying Development Code) 2008.

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

(167) The landscaping within the power line exclusion zone shall be permanently maintained and kept at a height of not more 2m above existing ground level.

(168) The parking space identified as space no. ‘15’ on the approved plans shall be utilised as staff parking associated with the car wash. Staff of the car wash must park in the dedicated space before parking anywhere else within the site.

(169) The maximum number of staff associated with the car wash on-site at any one time shall not exceed two (2) persons. An increase in staff numbers for the car wash will require separate approval.

(170) 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.

(171) 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.

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

(173) The car wash (including the vacuum bays) shall operate only between the hours of 7.00am to 9.00pm daily.

(174) The automatic car wash bay shall be fitted with a roller door on the entrance and exit. The car wash shall not be operated (any processes) unless both roller doors are fully closed.

NSW ROADS AND MARITIME SERVICES (RMS) REQUIREMENTS FOR THE DEVELOPMENT

(175) The Roads and Maritime Services (RMS) requirements for the development are:

· All vehicle access to and from the land from Molong Road is to be in a forward direction.

· Prior to the issuance of an Occupation Certificate, a Channelised Right Short [CHR(s)] turn treatment in accordance with Figure 7.18 Part 4A of Austroads Guide to Road Design (copy enclosed), and relevant Roads and Maritime supplements, is to be provided in Molong Road at its intersection with the site entry driveway. The intersection works are to be designed and constructed for a 50km/h speed zone and be able to accommodate the largest vehicle accessing the intersection.

· Prior to the issuance of an Occupation Certificate, an Auxiliary Left Short [AUL(s)] turn treatment in accordance with Figure 8.10 Part4A of Austroads Guide to Road Design (copy enclosed), and relevant Roads and Maritime supplements, is to be provided in Molong Road at its intersection with the site entry driveway. The intersection works are to be designed and constructed for a 50km/h speed zone and be able to accommodate the largest vehicle accessing the intersection.

· “No Entry” (R2-4) signs are to be erected on the land on each side of the entry driveway. The signs are to face the site to advise motorists not to exit onto Molong Road via the entry driveway.

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

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

· Signage is to be in accordance with the Department of Planning and Environment’s Transport Corridor Outdoor Advertising and Signage Guidelines 2017, is not to flash, move or be objectionably glaring or luminous.

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 the 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:	4 April 2018

Planning and Development Committee 3 April 2018

2.3 Development Application DA 309/2017(1) - 26 Cox Avenue

RECORD NUMBER: 2018/761

AUTHOR: Daniel Drum, Senior Planner

EXECUTIVE Summary

Application lodged	22 August 2017
Applicant/s	Mr PR and Mrs JR Cox
Owner/s	Mr PR and Mrs JR Cox
Land description	Lot 9 Sec 4 DP 2986 – 26 Cox Avenue, Orange
Proposed land use	Demolition (existing dwelling and garage), Multi Dwelling Housing (three dwellings) and Subdivision (three lot residential Strata)
Value of proposed development	$700,000

Council's consent is sought for demolition of a dwelling, outbuilding and trees, construction of three dwellings and four lot strata title subdivision at 26 Cox Avenue, Orange, being Lot 9 Sec 4 DP 2986 (the ‘subject property’).

The subject property is located midway between Newman Street to the north and Frederica Street to the south. Properties to the north east and south of the subject property have been developed for a residential purpose, including a mix of single dwellings and multi dwelling housing. Land to the west of the subject property, beyond Cox Avenue, forms part of the Kinross Wolaroi School campus.

The proposed development appears to be typical of multi dwelling development which could reasonably be expected of a large residential property in central Orange.

The key issue for consideration is whether or not the proposed development will have an acceptable privacy impact on the adjoining residential property at 28 Cox Avenue. In summary, it is considered that an acceptable outcome can be achieved via recommended conditions of consent.

Further, the proposed development relies on an exception to the minimum lot size requirement for multi dwelling housing, being 1,250m². The subject property has a total area of 1,214m², being less than 3% (or 36m²) below the minimum lot size. In this instance it is considered that an exception to the minimum lot size for multi dwelling development is appropriate. This matter is addressed in detail in the body of the report.

The proposed use and development is considered to be consistent with the relevant aims, objectives and planning outcomes of the Orange Local Environmental Plan 2011 (LEP 2011) and Orange Development Control Plan 2004 (DCP 2004), subject to the recommended conditions of consent.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

That Council consents to development application DA 309/2017(1) for Demolition (existing dwelling and garage), Multi Dwelling Housing (three dwellings) and Subdivision (three lot residential Strata) at Lot 9 Sec 4 DP 2986 - 26 Cox Avenue, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE APPLICATION/PROPOSAL

Council's consent is sought for the demolition of a dwelling and outbuilding, construction of three dwellings and four lot strata title subdivision of the subject property.

The proposed development would be undertaken in three main stages:

Stage 1: Demolition of the dwelling, outbuilding and trees

Stage 2: Construction of proposed Dwellings 1, 2 and 3

Stage 3: Strata title subdivision to create proposed common property Lot 91 and proposed residential lots 92, 93 and 94.

The proposed development is illustrated in the attached architectural drawings.

EXISTING CONDITIONS

The subject property is a regularly shaped property in the order of 1,214m². The property currently comprises a single storey brick dwelling setback in the order of 5m from Cox Avenue. The balance of the property contains a detached weatherboard garage, mature vegetation and grass.

The existing conditions of the subject property are illustrated in Figure 1–2 below.

Figure 1 - the subject property – viewed from Cox Avenue

Figure 2 - the subject property – viewed from Cox Avenue

SURROUNDING USE AND DEVELOPMENT

Properties adjoining the subject property include 28 Cox Avenue to the north and 24 Cox Avenue to the south. Both 28 Cox Avenue and 24 Cox Avenue share a number of common characteristics with the subject property, including being regularly shaped, comprising a total area in the order of 1,000m and being developed with a single storey dwelling setback in the order of 5m from Cox Avenue.

An un-named land lane connecting Frederica Street and Newman Street is located to the immediate east of the subject property.

The existing conditions of surrounding use and development are illustrated in Figure 3, below.

Figure 3 - Site Context Plan

MATTERS FOR CONSIDERATION

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

Section 1.7 of the EP&A Act 1979 identifies that Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994 have effect in connection with terrestrial and aquatic environments.

It is considered that the subject property does not comprise any significant biodiversity or habitat value.

Section 4.15 Assessment

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(1)(a)(i)

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

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

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

(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 the foregoing aims insofar as it will contribute to the housing choices in close proximity to the Orange CBD without detracting from the unique character or social, economic and environmental characteristics of Orange.

Clause 1.6 - Consent Authority

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

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

· covenants imposed or required by Council

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

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

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

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

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

Council does not hold a Section 88B Instrument for the subject property. Council staff are not aware of the subject property being affected by any of the above.

Clause 1.7 - Maps

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

Land Zoning Map:	Land zoned R1 General Residential
Lot Size Map:	No Minimum Lot Size
Heritage Map:	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 site is located within the R1 General Residential zone. For the purpose of permissible uses in the R1 General Residential zone the proposed use is defined as Multi dwelling housing.

Multi dwelling housing is permitted with consent for this zone.

Clause 2.3 of LEP references the Land Use Table and Objectives for each zone. 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.

Section 4B of the Act defines subdivision as:

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

The proposed development is consistent with the meaning of Multi dwelling housing and subdivision, and is consistent with the objectives of the R1 General Residential zone as it contributes to the variety of housing types and densities in central Orange, providing for the housing needs of the community.

Clause 2.6 - Subdivision - Consent Requirements

Clause 2.6 requires development consent for the subdivision of land. Additionally, the clause prohibits subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal and secondary dwellings being located on separate lots if either of those lots are below the minimum lot size applying to the land.

Development consent is required for the third stage of development, which involves a Strata Title subdivision to create Lots 91, 92, 93 and 94.

The subject property is not affected by a minimum lot size.

Clause 2.7 - Demolition Requires Development Consent

Clause 2.7 requires the development consent for demolition of a building or work.

The proposal involves demolition of the existing dwelling and detached garage.

Part 4 - Principal Development Standards

Clause 4.1B - Minimum Lot Sizes for Dual Occupancy, Multi Dwelling Housing and Residential Flat Buildings

Clause 4.1B establishes the minimum lot size required for dual occupancies and multi dwelling housing in the R1, R2 and R3 zones. Given the proposed staging of development (ie construction of dwellings prior to Strata Title subdivision), this clause applies to the Development Application.

In this instance the subject property has a total area of 1,214m², being 36m²below the minimum lot size for multi dwelling housing. Approval is required under Clause 4.6 to vary the requirements of Clause 4.1B. Clause 4.6 is addressed in further detail below.

Notwithstanding, it is relevant to note that there are many examples of development applications for multi dwelling development whereby subdivision is proposed prior to construction of dwellings, therefore avoiding the requirement to consider Clause 4.1B and Clause 4.6.

Clause 4.6 - Exceptions to Development Standards

Clause 4.6 Exceptions to Development Standards provides that development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument (other than a development standard expressly excluded from the operation of the clause).

Development consent must not be granted for development that contravenes a development standard, unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and that there are sufficient environmental planning grounds to justify contravening the development standard.

Further, development consent must not be granted for development that contravenes a development standard, unless the consent authority is satisfied that the applicant’s written request has adequately addressed the matters required, and the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and the concurrence of the Secretary has been obtained.

As noted under the heading ‘Clause 4.1B - Minimum Lot Sizes for Dual Occupancy, Multi Dwelling Housing and Residential Flat Buildings’, the subject property comprises a total area of 1,214m², being 36m², or less than 3%, below the minimum lot size for multi dwelling housing.

In accordance with the requirements of Clause 4.6, the applicant has submitted a written request seeking to justify the relatively negligible contravention of the development standard.

While there are a number of factors which must be taken into consideration under Clause 4.6 to determine whether or not a variation to the minimum lot size for a multi dwelling housing should be met, it should be noted from the outset that the proposed variation is less than 3% and considered to be negligible.

The relevant assessment framework is addressed below:

1 Has the applicant’s written request adequately addressed the matters required to be addressed?

The applicant has provided a written submission which outlines why compliance with the standard is considered to be unnecessary and which demonstrates that there are sufficient planning grounds to justify contravening the development standard.

With regard to why compliance with the development standard is considered to be unnecessary, the applicant’s submission identifies that the objective of Clause 4.1B is to achieve planned residential density in certain zones, and that the proposal provides for planned infill residential development despite not meeting the minimum lot size requirement.

While the applicant’s response is relatively brief, it is accepted that a variation of less than 3% has no perceivable impact on the otherwise permissible residential density. Further, it is noted that other similar types of development in close proximity to the subject property at 30 Cox Avenue and 12–14 Wakeford Street have either a similar or higher density of development.

With regard to the environmental planning grounds which justify contravention of the development standard, the applicant’s submission identifies strict compliance with the standard would not allow for one additional dwelling to be built, while the proposed development would not have a significant off-site environmental impact.

It is accepted that a variation could be supported on the basis that the proposed development allows for a higher density of residential development than which would otherwise be permissible. In general, this is supported by two objectives of the R1 General Residential Zone, which seek to provide for the housing needs of the community and a variety of housing types and densities.

2 Is the proposed development in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out?

Consistent with the rationale outlined above, it is considered that the proposed development is consistent with both the objective of Clause 4.1B and the R1 General Residential Zone.

On this basis, it is considered that the proposed development is in the public interest.

3 Does the contravention of the development standard raise any matter of significance for State or regional environmental planning?

Based on the foregoing assessment, it is considered that a negligible contravention of the development standard would not raise any other matter of significance for State or Regional environmental planning.

4 Any other matters required to be taken into consideration by the Secretary before granting concurrence.

The assessing officer is not aware of any other matter required to be taken in to consideration in this matter.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

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

The subject property is located adjacent to the former Wolaroi Mansion (Heritage Item I9), which now forms part of the Kinross Wolaroi campus.

The Orange City Council Heritage Inventory describes the former Wolaroi Mansion as:

“A substantial original Victorian period Italianate style brick residence with elaborate brick and cast iron details and additions set within a mature landscape incorporating many cultural plantings, the adaptations over successive generations for private school use complement the original architecture and contribute to the significance of the site as an item of State heritage significance in relation to architecture and education.

Given that the subject property is located in excess of 300m from the heritage item and is physically separated by playing fields and other school buildings, it is considered that the proposed development will not affect the heritage significance of the former Wolaroi Mansion.

Part 7 - Additional Local Provisions

7.1 - Earthworks

This clause establishes a range of matters that must be considered prior to granting development consent for any application involving earthworks, such as:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development

(b) the effect of the development on the likely future use or redevelopment of the land

(c) the quality of the fill or the soil to be excavated, or both

(d) the effect of the development on the existing and likely amenity of adjoining properties

(e) the source of any fill material and the destination of any excavated material

(f) the likelihood of disturbing relics

(g) the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area

(h) any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).

The architectural plans submitted with the Development Application indicate that minor earthworks would be required in the order of +/- 500mm (50cm). The extent of disruption to the drainage of the site is considered to be moderate and is unlikely to affect adjoining properties or receiving waterways, with the proposed masonry walls design specifically to capture stormwater and direct it towards Cox Avenue. The extent of the earthworks are unlikely to materially affect potential future use or redevelopment of the subject property.

The subject property is not known to be contaminated. The earthworks will be appropriately supported onsite and the change in ground level is not substantial, therefore the effect on the amenity of adjoining properties is unlikely to be significant. However, the effect of elevated floor levels is discussed in the body of this report under the heading “Section 7.7 – Design Elements for Residential Development”.

The site is not known to contain any Aboriginal, European or archaeological relics. Previous known uses of the site do not suggest that any relics are likely to be uncovered. The site is not in proximity to any waterway, drinking water catchment or sensitive area. Conditions requiring a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries are recommended.

7.3 - Stormwater Management

This clause applies to all industrial, commercial and residential zones and requires that Council be satisfied that the proposal:

(a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting onsite infiltration of water

(b) includes, where practical, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water; and

Council’s Development Engineer has recommended that a condition of consent be applied requiring that the development’s stormwater design is to include stormwater detention within the development designed to limit peak outflows from the land to the pre-existing natural outflows up to the 100 year ARI frequency, with sufficient allowance in overflow spillway design capacity to safely pass flows of a lower frequency without damage to downstream developments.

It is noted that a portion of the proposed common property, located forward of Dwelling 1, is intended to be used for the purpose of stormwater detention.

7.6 - Groundwater Vulnerability

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

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

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

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

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

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 - Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land identifies that a consent authority must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated; and 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; and 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.

Given that the subject property is currently used for residential purposes and is located within a long established residential neighbourhood, it is unlikely that the uses of the land would have resulted in it being in a contaminated state unsuitable for residential use.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s74.15(1)(a)(ii)

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

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN 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 5 – General Considerations for Zones and Development

· Chapter 7 - Development in Residential Areas.

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

Chapter 0 - Transitional Provisions

Section 0.2 - General Translation of Zones

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

The table identifies that the R1 General Residential zone (LEP 2011) corresponds with the 2a Urban Residential and 2d Urban Transition zones (LEP 2000).

Section 0.4-2 - Tree Preservation

Section 0.4-2 - Tree Preservation identifies those trees subject to the Tree Preservation clause of the LEP.

Council’s Manager of City Presentation has advised that there are no trees of significance located on the subject property.

Chapter 2 - Natural Resource Management

Section - 2.1 Water Quality

Section 2.1 identifies 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.

Stormwater and groundwater has previously been addressed under Sections 7.3 -Stormwater Management and 7.6 - Groundwater Vulnerability.

Section 2.3 - Vegetation

Section 2.3 identifies that the heavily-modified landscape and climate of Orange have cumulated in introduced species of trees providing a significant contribution to the landscape character. Further, it is identified that the established urban areas are characterised by “cottage” gardens in residential areas and by formal parks and avenues of exotic street trees.

Vegetation has previously been addressed under Sections 5A Assessment and Section 0.4-2 - Tree Preservation.

Chapter 3 - General Considerations

Section 3.1 - Cumulative Impacts

“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.

Notably, this section identifies that residential units and dual occupancies should be located and designed in a way that fits in with the predominant low-density character of the City’s residential area.

Specific planning outcomes for cumulative impacts include:

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

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

· Water conservation measures are implemented.

The relevant matters are generally addressed under Section 7.7 - Design Elements for Residential Development, below and elsewhere throughout this report.

Based on that assessment it is considered that the proposed development adequately relates to the existing character and land use in the area, and would maintain environmental impacts within existing community accepted levels.

Section 3.2 - Scenic, Landscape and Urban Areas

Section 3.2 identifies that the urban character of the City is represented by a central area of established gardens, avenues of exotic trees, formal town parks and informal park networks along creeks. Informal landscaping increases, with a greater emphasis on native plants in parks and gardens in suburban areas.

Specific planning outcomes for scenic, landscape and urban areas include:

· Development incorporates landscaping that enhances the landscaped setting of the locality.

· External finishes, materials and colour schemes of development complement its setting.

The landscape character of the subject property and surrounding area is generally characterised by informal gardens, which often include maturing canopy trees.

It is recommended that a condition of consent be applied requiring that a small canopy tree be planted within the courtyard of each of the proposed dwellings to further enhance the proposed landscaping.

It is not considered that any particular external finishes, materials are colour schemes are required to complement the landscape setting.

Chapter 5 - General Consideration for Zones and Development

Section 5.3 - Advertised Development

Section 5.3 identifies that Council will give written and published notice of applications for advertised development as required by the Environmental Planning and Assessment Regulations. The proposed development was advertised in the Orange City Life on 7 September 2017.

Three submissions were received during the advertising period. Issues raised in submissions are addressed in detail under the heading ‘Any submissions made in accordance with the act s79c(1)(d)’.

Section 5.7 - Subdivision

Section 5.7 identifies that subdivision works are to be designed and undertaken in accordance with Council’s adopted standards as outlined in the Orange City Development and Subdivision Code.

Council’s Development Engineer has recommended a condition of consent requiring that the provisions and requirements of the Code are to be applied and all work constructed in accordance with the Code.

Chapter 7 - Development in Residential Areas

Section 7.2 - Residential Subdivision

Subdivision Lot Sizes

Section 7.2 identifies that lots less than 350m²must be able to define the configuration of a dwelling footprint and associated private open space.

This has been achieved as the applicant has sought consent for the construction of three dwellings as multi dwelling housing prior to subdivision.

Special Requirements for Battleaxe Lots

Section 7.2 identifies that battleaxe lots need to have a sufficient size and shape to permit a house and driveway positioned in a way that allow cars to turn around within the lot, and that the accessway needs to be wide enough to allow for vehicular access and services such as power, telecommunications, water and possibly drainage and internal sewer.

Section 7.2 identifies that a common driveway to two battleaxe lots or an access serving two dwellings requires a 4.5m driveway within a 6m wide accessway, however it may be necessary to require a 6m wide driveway to provide for passing cars.

The design plans incorporate a 6m wide (minimum) driveway from Cox Avenue to a point approximately 12m inside the front boundary of the property, which is considered adequate for the proposed development.

Further, Section 7.2 identifies that battleaxe lots should have a minimum area of 650m²excluding the area of the accessway; battleaxe lots should be designed to provide for solar access and privacy; and where practicable, lots should adjoin open space.

The proposed development involves a strata subdivision to create three residential lots in the order of 266m² to 296m²and one common lot of 378.67m². While the residential lots are substantially smaller than the required 650m², it is considered that they can be supported given that access to each of these lots is via the proposed common driveway and provided that adequate solar access and privacy outcomes are achieved. These matters are addressed in further detail below.

Subdivision Layout

The DCP sets out the following relevant planning outcomes for urban residential subdivision:

· Subdivision layout in areas zoned Urban Residential prior to this plan are generally in accordance with the applicable plan maps in Appendix 1.

Not applicable.

· Lots are orientated to optimise energy efficiency principles.

Each proposed dwelling has been designed to incorporate primary living areas on the northern side of each dwelling.

· New roads are planned according to modified grid layouts with restrained use of cul‑de-sac roads in new developments according to the UDAS Urban Form principles for Orange.

Not applicable.

· Local open space is provided along creek corridors to create open space linkages for environmental conservation and social interaction. Release areas removed from creeks provide for open space links incorporating substantial stands of native vegetation.

Not applicable.

· Release areas indicate trunk cycle and pedestrian ways that link the area to major open space networks and activity centres (schools, shopping centres and employment areas).

Not applicable.

· Lots below 500m2 indicate a mandatory side setback to provide for solar access and privacy.

Not applicable.

· Lots below 350m2 indicate existing or planned house layouts, which identify how privacy, solar access, vehicular access and private open-space needs are to be achieved.

The architectural plans submitted with the Development Application demonstrate that appropriate solar access, privacy, vehicle access and private open space outcomes can be achieved. These matters are addressed in detail below.

· Up to 25% of new subdivisions comprise small lots in dispersed locations.

As the proposed development will create two additional lots in the order of 266–296m2, the development will contribute to the availability of small lots within central Orange.

· Lots are fully serviced and have direct frontage/access to a public road.

It is understood that all services have the capacity to be extended to the proposed development. Each proposed lot would have direct access to Cox Avenue.

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

Council’s Development Engineer has recommended a condition of consent stating that the provisions and requirements of the Orange Development and Subdivision Code apply to the proposal.

· Corner lots provide for a house to front one street.

Not applicable.

· Battleaxe lots provide an adequate accessway width for the number of dwellings proposed to be served in order to allow for vehicle and pedestrian access and location of services.

The design plans submitted with the Development Application indicate that each of the proposed residential lots would be served via a common egress/ingress from Cox Avenue. The design plans incorporate a 6m wide (minimum) driveway from Cox Avenue to a point approximately 12m inside the front boundary of the property, which is considered adequate for the proposed development.

· Lots proposed to be used specifically for dual occupancy or units in new residential areas are identified on development application plans to inform prospective purchasers of mixed residential form of the area and measures are outlined on how prospective residents are to be informed of these identified sites prior to purchasing land.

While the subject property has not been specifically identified for multi dwelling development, Council has previously approved multi dwelling development and small lot subdivisions on such properties subject to meeting the appropriate merit assessment.

Section 7.7 - Design Elements for Residential Development

Section 7.7 sets out objectives and planning outcomes for residential development design elements. The objectives and planning outcomes are addressed in detail below.

Streetscape Objectives

The DCP sets out overarching objectives with regard to streetscape, including:

· To ensure that the development fits into its setting and environmental features of the locality.

· To ensure that the appearance of housing is of a high visual quality, enhances the streetscape and complements good quality surrounding development.

· To ensure that new development complements places with heritage significance and their settings in a contemporary way.

· To develop a sense of place with attractive street frontages.

· To encourage visually appealing cohesive streetscapes.

· To create a safe and secure environment.

· To provide consistent design elements that protect private investment.

Neighbourhood Character

The DCP sets out 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.

The design plans submitted with the original Development Application did not adequately address the forgoing objectives and outcomes. In particular, it was assessed that Dwelling 1 lacked any meaningful relief features which would assist in creating an attractive residential environment or which would make a positive contribution to the neighbourhood character of the area.

As such, Council staff advised that the amended design plans should be submitted with Dwelling 1 reoriented to address Cox Avenue, consistent with the prevailing neighbourhood character of the area.

The applicant subsequently submitted amended plans with Dwelling 1 redesigned to orientate towards Cox Avenue, including presentation of a front door. The amended design is considered to be acceptable.

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 discussed above, the design plans submitted with the original Development Application did not adequately address the forgoing objectives and outcomes.

Notwithstanding, the amended design is considered to be acceptable.

Setbacks

The DCP sets out the following planning outcomes with 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.

Dwelling 1 is set back in the order of 5m from Cox Avenue, consistent with the setback of the existing dwelling which is proposed to be demolished. The proposed setback is considered be appropriate.

Front Fences and Walls

The DCP sets out the following planning outcomes with 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 proposed development incorporates a front fence with a maximum height of 1.2m.

The proposed front fence will predominately be constructed of brick with timber infill, consistent with the proposed dwellings.

While the proposed fence is required to achieve temporary stormwater retention on the subject property, it is considered that it will also may a positive contribution to the streetscape. The proposed fence will be consistent, albeit slightly higher, with other masonry fences in Cox Avenue.

Bulk and Scale Objectives

The DCP sets out overarching objectives with regard to bulk and scale, including:

· To allow flexibility in siting buildings and to ensure that the bulk and scale of new development reasonably protects the amenity of neighbouring properties and maintains appropriate neighbourhood character.

· To allow adequate daylight, sunlight and ventilation to living areas and private open spaces of new and neighbouring developments.

· To encourage the sharing of views, while considering the reasonable development of the site.

Visual Bulk

The DCP sets out the following planning outcome with 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 DCP identifies that appropriate visual bulk is achieved by containing buildings within an envelope generated by planes projected over the site at 45°commencing at 2.5m above ground level from each side and rear boundary (Visual Bulk Envelope).

Design plans submitted with the Development Application demonstrate that each of the proposed dwellings meet this requirement.

The DCP also identifies that appropriate visual bulk is achieved by ensuring that single dwellings cover no more than 60% of the site area.

The SoEE indicates that the proposed development would have a total site coverage of 39%, incorporating the common areas.

Walls and Boundaries

The DCP sets out the following planning outcome with 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 design plans submitted with the development application indicate that the walls of the proposed dwellings would not be built to the boundary of the subject property, with all walls to be setback a minimum of 1m.

Daylight and Sunlight

The DCP sets out 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 prepared in support of the proposed development. In consideration of the DCP guidelines, the proposal is considered to be satisfactory as outlined below.

Habitable Rooms

The DCP Guidelines require habitable rooms that are facing private open space, a courtyard, verandah, patio or the like which are open to the sky, to be at least 1.8m from any adjoining buildings.

The proposed development has been designed and sited to ensure that adequate daylight and sunlight could be provided to habitable rooms where windows that face private open space are open to the sky. All windows of each dwelling are set back a minimum of 1m from the boundaries of the subject property, enabling a 1.8m setback from any future adjoining building.

Overshadowing of Private Open Space

The DCP guidelines and Council’s Energy Smart Homes Code require sunlight to be available to at least 40% of open space for dwellings within the development and on neighbouring properties for at least three hours between 9am and 3pm. For new developments, the 40% of open space is generally interpreted to be 40% of the required area of private open space, as opposed to 40% of the total area of open space.

Amended shadow diagrams provided with the Development Application and the SoEE indicate that the proposed development has been designed and sited.

The 1.8m southern boundary fence of the subject property will also overshadow the adjoining property to the south at 24 Cox Avenue. However, the overshadowing would be substantially below the 40% / three hour threshold.

Overshadowing of Dwelling

The DCP guidelines and Council’s Energy Efficiency Code require sunlight to at least 75% of north facing living area windows within the development and on adjoining land to be provided for a minimum of four hours on 21 June; or not further reduced where already less.

Amended shadow diagrams provided with the development application for Dwelling 1 will have a four hour average of 67.48%, Dwelling 2 will have a four hour average of 73.19% and Dwelling 3 will have a four hour average of 79.45%.

Notably, the applicant has not provided any meaningful justification to support a variation from the DCP guidelines. However, during discussion with the applicant it was made evident that the numerical standard could simply be overcome by redesigning the windows to be smaller ‘high lights’ which could be 100% unaffected by overshadowing, or removing the eaves of each dwelling.

On balance, it is considered that the best planning outcome is for the size of the windows and design of the eaves to remain as currently designed as they both make a significant contribution to the overall amenity of future residents.

Further, regard has been given to The Benevolent Society v Waverly Council at Paras 133‑144 which establishes the planning principle addressing access to sunlight. The first dot point of that principle sets out the following:

“The ease with which sunlight access can be protected is inversely proportional to the density of a development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain is not as strong.”

Taking this into consideration and given the higher density nature of the proposed development, it is considered reasonable that a minor variation from the DCP guideline is acceptable within the subject property. A variation such as this should only be considered on a site-by-site basis and not taken to be a precedent.

Views

The DCP sets the following planning outcomes with 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.

While proposed development would be clearly visible from each of the neighbouring dwellings, it is considered that no prominent views would be significantly affected. Existing views from the frontage and rear of each property would be retained.

Privacy and Security Objective

The DCP sets the following planning outcome in regard to privacy and security:

· To ensure that the siting and design of buildings provide privacy for residents and neighbours in their dwellings and principal private open space.

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 design plans submitted with the Development Application identify that a minimum 1.8m Colorbond fence is proposed along all internal and external property boundaries.

A 1.8m high perimeter fence would generally ensure adequate visual privacy between the private open space and habitable rooms of a single storey dwelling and surrounding development.

However, given the slightly elevated nature of Dwelling 1 and Dwelling 2, the proposed 1.8m high fence would have a reduced effect in this case. In particular, it is clear that the living room windows of Dwelling 1 would have a direct view towards the south facing bedroom windows of 28 Cox Avenue, while Dwelling 2 would overlook a portion of the private open space of 28 Cox Avenue.

The SoEE submitted with the development application contends that the proposed development is unlikely to have an adverse impact on visual privacy due to the single storey design and orientation of the windows. In general, this rationale is not accepted. There is an overlooking impact associated with Dwelling 1 and 2.

With regard to Meriton v Sydney City Council [2004] NSWLEC 313, which sets out the planning principle for privacy, it is noted that the use of each space determines the importance of its privacy (ie a living area is more important than a bedroom). However, the planning principle also identifies that overlooking of neighbours that arises out of poor design is not acceptable, and in areas undergoing change the impact on what is likely to be built on adjoining sites should be considered.

In this regard, the greatest impact will be experienced within the private open space of 28 Cox Avenue which would be partially overlooked by the living room window of Dwelling 2. A lesser impact would be experienced by the living room window of Dwelling 1 being orientated towards the bedroom windows of 28 Cox Avenue.

In order to address privacy issues, it is recommended that a condition of consent be attached to the Notice of Determination that requires a design solution to mitigate the overlooking impact on the bedroom windows and private open space of 28 Cox Avenue. An acceptable solution would be that a portion of each living area room window which overlooks 28 Cox Avenue be finished with an obscure type glass which, while obscuring view, allows for access to natural daylight.

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.

The proposed development is located within an existing residential area where the ambient noise is generally expected to be low, with the exception of traffic travelling along Cox Avenue.

It is considered that each proposed dwelling will not be detrimentally affected by high levels of external noise.

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.

The proposed development is consistent with the principles of Crime Prevention Through Environmental Design, being surveillance, access control, territorial reinforcement and space management.

Surveillance: The proposed development provides for clear sightlines between public and private places and landscaping will not provide offenders with a space to hide or entrap.

Access control: The layout of the proposed development clearly distinguishes between the private open space of each dwelling and the common property driveway. Physical barriers, such as fences and buildings, would prevent convenient access between these areas.

Territorial reinforcement: As discussed above, the layout of the proposed development clearly distinguishes between private and public spaces. While it is unlikely that residents would regularly gather within the common driveway area given its functional purpose, clear sightlines will provide for ongoing informal surveillance.

Space management: Given the relatively limited area of the common driveway it is not considered that any space management practices are required.

Site Access and Circulation Objectives

The DCP sets out the following objectives in regard to site access and circulation:

· To provide convenient and safe access and parking that meets the needs of all residents and visitors.

· To encourage the integrated design of access and parking facilities to minimise visual and environmental impacts.

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.

Council’s Development Engineer has identified that the proposed development has been appropriately designed with regard to accessways/parking areas and stormwater management.

The landscape plan submitted with the development application indicates that some landscaping will be provided within and adjacent to the accessway.

Car Parking

The DCP sets out 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.

The DCP generates a requirement for 1.5 car parking spaces for large dwellings (ie >110m²or 3+ bedrooms), 1.2 car parking spaces for small dwellings (ie 75m²–110m²or 2 bedroom unit) and 0.2 visitor parking spaces per dwelling.

The proposed development includes 3 x three bedroom units, generating a total requirement of 5.1 (6) car parking spaces. The proposed development has been designed to include six car parking spaces in form of three double garages separately attached to each proposed dwelling. As such, the proposed development includes sufficient parking.

Open Space And Landscaping Objectives

The DCP sets the following objectives in regard to open space and landscaping:

· To provide convenient and safe access and parking that meets the needs of all residents and visitors.

· To encourage the integrated design of access and parking facilities to minimise visual and environmental impacts.

Private Open Space

The DCP sets out 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.

The proposed development has been designed to incorporate private open space for each dwelling. Private open space has generally been located to benefit from a northern aspect, and be capable of forming an extension to the internal living areas. Each proposed dwelling would be provided with an adequate area of open space (ie at least one area with a minimum dimension of 5m x 5m), with a minimum area 50% of the total floor area of each dwelling.

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 simple landscape plan has been submitted with the Development Application. The landscape plan provides for some small to medium trees, medium to large shrubs and hedging.

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.

Stormwater has previously been addressed under the heading ‘7.3 - Stormwater Management’.

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.

Council’s Development Engineer has recommended a condition of consent requiring that a water and soil erosion control plan be submitted prior to the issue of a Construction Certificate and that the applicable measures be implemented prior to works commencing.

INFILL GUIDELINES

DEVELOPMENT CONTRIBUTIONS PLAN 2015

Development Contributions

The development has been assessed pursuant to Orange Development Contributions Plan 2015 (Development in Remainder of LGA) towards the provision of the following public facilities.

The existing lot has a credit for 1 x three bedroom dwelling. As the proposed development involves the development of two additional three bedroom dwellings, the following development contributions are calculated:

Open Space and Recreation	@ $3,891.67 x 2	7,783.34
Community and Cultural	@ $1,128.59 x 2	2,257.18
Roads and Traffic Management	@ $5,136.89 x 2	10,273.78
Local Area Facilities	Nil
Plan Preparation and Administration	@ $304.72 x 2	609.44
TOTAL:		$20,923.74

The attached Notice of Determination contains a condition of consent requiring the payment of contributions.

Water and Sewer Headworks Charges

Section 64 water and sewer headwork charges are also applicable to the proposal. Such charges are calculated at the time of release of a Construction Certificate for the proposed development. Attached are draft conditions requiring the payment of the required contributions prior to the issue of a Construction Certificate.

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)

Demolition of a Building (clause 92)

The proposal involves the demolition of a dwelling and outbuilding. A condition is attached requiring the demolition to be carried out in accordance with Australian Standard AS2601 - 1991: The Demolition of Structures.

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)

BASIX Certificates have been provided with the application which demonstrate that the proposed dwellings meet the requirements in regards to thermal and water efficiency.

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)

The likely impacts of the proposed development have generally been addressed in the body of this report. The only other likely impact is considered to be management of garbage bins.

With respect to solid waste disposal, the gradual increase of multi dwelling housing projects is considered to have an overall adverse impact on city presentation as the number of bins placed kerbside rapidly increases, and the collection of those bins can take many days to occur. This generates a situation where a large number of unsightly bins are being stored either in the public street, or in readily visible locations that are unsightly and detrimental to neighbourhood character.

In this particular situation the three units at the rear will only have a driveway to Cox Avenue for access, and would, if left to standard arrangements, result in a large number of bins being placed outside the frontage of an unrelated property. This is considered an unacceptable impost on the amenity of those neighbours, and will detract from the character of the locality.

“A private service agreement is to be negotiated between the applicant and the waste contractor (JR Richards at this time) that is also to the satisfaction of Council's Waste Services Manager that have bins awaiting collection being stored and collected from the storage areas within the property. The service agreement shall require bin collection to be made from the onsite storage areas, storage of full bins not being permitted under this agreement in the street. The service contract shall limit the number of bins required on a shared basis to a maximum of four general refuse, four recycled waste bins, and two green waste bins for each type. This needs to form part of the Strata Management Statement”

“Bins for waste management within the strata management plan are only permitted to be placed in the common property areas of the development on the day of rubbish collection, or the night immediately preceding”.

“The service agreement for the disposal of solid wastes and recyclables specified in this consent shall be incorporated into the Strata Management Statement, and shall include a rule that the Strata Management Statement may only vary or delete the requirement from their management statement with the agreement of Orange City Council’s Waste Services Manager”.

THE SUITABILITY OF THE SITE s4.15(1)(c)

The foregoing assessment demonstrates that the subject property is suitable for the proposed development.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

The proposed development is defined as "advertised development" under the provisions of the LEP. The application was advertised for the prescribed period of 14 days and at the end of that period three submissions were received from the owners of 24 Cox Avenue and 28 Cox Avenue, being the properties located to the immediate north and south of the subject property.

The issues raised are addressed below:

Fence between 26 Cox Avenue and 24 Cox Avenue

The owners of 24 Cox Avenue requested that the common boundary fence between 24 Cox Avenue and 26 Cox Avenue be replaced with a 1.8m fence prior to commencement of construction. The applicant accepted this request and amended the proposed plans accordingly.

Notwithstanding, it is considered that a condition of consent should be applied requiring the fence taper to a maximum height of 1.2 forward of the front building line of 26 Cox Avenue.

It is considered that there is no planning reason to require a condition of consent requiring that the fence be completed prior to the construction of the dwellings.

Shrubs along common boundary of 26 Cox Avenue and 24 Cox Avenue

The owners of 24 Cox Avenue have identified that the proposed shrubs and small plants shown on the landscaping plan are too close to the sewerage line, which runs proximate to the common boundary. The sewerage line has previously been blocked by tree roots.

While it is acknowledged that the owners of 24 Cox Avenue have previously experienced inconvenience associated with tree roots blocking a sewer pipe, it is considered that this is not a planning matter which should be addressed by condition of consent.

In particular, it is noted that even if a condition of consent were applied requiring an amended landscape plan to show no landscaping in the affected area, there would be nothing preventing planting to occur following the development of the subject property.

Proximity of Dwelling 1 to the dwelling at 28 Cox Avenue

The owner of 28 Cox Avenue has identified that the design plans indicate that proposed Dwelling 1 is sited in the order of 1.2m from the common boundary with 28 Cox Avenue, which would reduce the amount of sunlight reaching three bedrooms, create a dim and barren passageway and create a privacy issue.

With regard to access to sunlight, it is noted that the DCP requires habitable room windows which include windows be at least 1.8m from any adjoining building. Further, the DCP does not require that direct sunlight be accessible to windows, other than north facing windows. In this regard, it is considered that the proposed development is consistent with the requirements of the DCP.

With regard to privacy, it is accepted that the proposed development, as designed, would present an unacceptable privacy impact in terms of overlooking. As previously addressed, it is considered that the proposed development should be modified to incorporate a design solution which would mitigate the overlooking impact on the bedroom windows and private open space of 28 Cox Avenue.

As previously discussed, an acceptable solution would be that a portion of each living area room window which overlooks 28 Cox Avenue be finished with an obscure type glass, while obscuring view, allows for access to natural daylight. A condition of consent to this effect is attached.

PUBLIC INTEREST s4.15(1)(e)

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 4.15 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, D18/15129 ⇩

2 Plans, D18/15098 ⇩

3 Submissions, D18/15158 ⇩

Planning and Development Committee 3 April 2018

2.3 Development Application DA 309/2017(1) - 26 Cox Avenue

Attachment 1 Notice of Approval

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 309/2017(1)

NA18/ Container PR3107

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Mr PR and Mrs JR Cox
Applicant Address:	C/- Planning Potential PO Box 2512 ORANGE NSW 2800
Owner’s Name:	Mr PR and Mrs JR Cox
Land to Be Developed:	Lot 9 Sec 4 DP 2986 - 26 Cox Avenue, Orange
Proposed Development:	Demolition (existing dwelling and garage), Multi Dwelling Housing (three dwellings) and Subdivision (three lot residential Strata)

Building Code of Australia building classification:	As determined by Certifier

Determination made under Section 4.16
Made On:	3 April 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	4 April 2018
Consent to Lapse On:	4 April 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 ensure compliance with relevant statutory requirements.

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

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

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

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

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

Conditions

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

(a) Page 1 Site Plan – Existing dated 11.03.2017, Page 2 Site Plan – Proposed dated 31.01.2018,

Page 3 Floor Plan – Dwelling 1 dated 26.09.2017

Page 4 Elevations – Dwelling 1 dated 11.03.2017

Page 5 Floor Plan – Dwelling 2 dated 11.03.2017

Page 6 Elevations – Dwelling 2 dated 11.03.2017

Page 7 Floor Plan – Dwelling 3 dated 11.03.2017

Page 8 Elevations – Dwelling 3 dated 11.03.2017

Page 9 Street View, Construction Detail, Sediment Control, Basix, notes dated 11.03.2017

Page 10 Northern Windows – Dwelling 1 dated 12.02.2018

Page 11 Northern Windows – Dwelling 2 dated 12.02.2018

Page 12 Northern Windows – Dwelling 3 dated 11.03.2017

Page 13 Shadow Diagrams – 9am & 10am dated 31.01.2018

Page 14 Shadow Diagrams – 11am & 12pm

Page 15 Shadow Diagrams – 1pm & 2pm dated 31.01.2018

Page 16 Shadow Diagrams – 3pm dated 31.01.2018

Page 17 Long Section, Generic Perspective dated 11.03.2017

Page 18 Sub-Division dated 11.03.2017.

(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.

(4) In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of the Act, evidence that such a contract of insurance is in force is to be provided to the Principal Certifying Authority before any building work authorised to be carried out by the consent commences.

(5) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and the licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information under this condition becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

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

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

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

DEMOLITION

PRIOR TO WORKS COMMENCING

(7) Prior to works commencing a waste management plan is to be submitted to the Certifying Authority describing the nature of the wastes to be removed, the wastes to be recycled and the destination of the waste for disposal. All wastes from the demolition phase are to be deposited at a licensed or approved waste disposal site.

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

DURING CONSTRUCTION/SITEWORKS

(9) 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.

(10) All materials on site 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.

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

(12) Asbestos containing building materials must be removed in accordance with the provisions of the Work Health and Safety Act 2011 and any guidelines or Codes of Practice published by Safe Work NSW, and disposed of at a licenced landfill in accordance with the requirements of the NSW EPA.

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

(14) The water and sewerage services to the existing building are to be sealed off at their respective Council mains.

(15) 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.

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

CONSTRUCTION OF DWELLINGS

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(17) Amended architectural plans shall be submitted to and approved by, Council Manager Development Assessments prior to the issue of a Construction Certificate.

The amended plans must incorporate a screening device in the form of obscure glazing or obscure film for the north facing habitable room windows of Dwelling 1 and Dwelling 2 to prevent direct overlooking of habitable rooms and private open space of 28 Cox Avenue.

(18) The payment of $20,923.74 is to be made to Council in accordance with Section 7.11 of the Act and the Orange Development Contributions Plan 2017 (Development in Remainder of LGA) towards the provision of the following public facilities:

Open Space and Recreation	@ (3,891.67 x 2)	7,783.34
Community and Cultural	@ (1,128.59 x 2)	2,257.18
Roads and Traffic Management	@ (5,136.89 x 2)	10,273.78
Local Area Facilities	Nil
Plan Preparation and Administration	@ (304.72 x 2)	609.44
TOTAL:		$20,923.74

Payment must be made prior to the issuing of a Construction Certificate. The contributions will be indexed quarterly in accordance with the Orange Development Contributions Plan 2017.

(19) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. No plumbing and drainage is to commence until approval is granted.

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

(21) A 150mm-diameter sewer junction is to be constructed from Council’s existing main to serve the proposed development. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

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

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

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

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

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

(23) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

(24) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 2 ETs for water supply headworks and 2 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

PRIOR TO WORKS COMMENCING

(25) 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.

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

DURING CONSTRUCTION/SITEWORKS

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

(28) 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.

(29) 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.

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

(31) The existing kerb and gutter layback that is not proposed to be used is to be replaced with standard concrete kerb and gutter and the adjacent footpath area re‑graded to the shape and level requirements of footpaths in the Orange City Council Development and Subdivision Code.

(32) 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.

(33) All materials on site 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.

(34) All services (water, sewer and stormwater) shall be laid outside the easement unless there is a direct connection to the main within that easement.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(35) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

(36) 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.

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

(38) 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.

(39) 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.

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

(41) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(42) A private service agreement is to be negotiated between the applicant and the waste contractor (JR Richards at this time) that is also to the satisfaction of Council's Waste Services Manager that have bins awaiting collection being stored and collected from the storage areas within the property. The service agreement shall require bin collection to be made from the onsite storage areas, storage of full bins not being permitted under this agreement in the street. The service contract shall limit the number of bins required on a shared basis to a maximum of 4 general refuse, 4 recycled waste bins, and 2 green waste bins for each type. This needs to form part of the Strata Management Statement.

(43) A 1.8m-high fence is to be provided around the northern, eastern and southern perimeter of the development. The fence must taper to a height of 1.2m forward of the front building line of the dwellings located at 24 Cox Avenue and 28 Cox Avenue respectively.

A 1.5m-high fence is to be provided between each unit. The height of the fence is to be measured from the highest finished ground level adjacent to each part of that fence.

(44) Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Councils Manager Development Assessments.

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(46) Bins for waste management within the strata management plan are only permitted to be placed in the common property areas of the development on the day of rubbish collection, or the night immediately preceding

STRATA SUBDIVISION

DURING CONSTRUCTION/SITEWORKS

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

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

(48) Prior to the issuing of the Subdivision Certificate, a Surveyor’s Certificate or written statement is to be provided to the Principal Certifying Authority, stating that the buildings within the boundaries of the proposed Lots comply in respect to the distances of walls from boundaries.

(49) Application shall be made for a Subdivision Certificate under Section 109(C)(1)(d) of the Act.

(50) A Notice of Arrangement from Essential Energy stating arrangements have been made for the provision of electricity supply to the development, is to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate.

(51) All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(52) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(53) The service agreement for the disposal of solid wastes and recyclables specified in this consent shall be incorporated into the Strata Management Statement, and shall include a rule that the Strata Management Statement may only vary or delete the requirement from their management statement with the agreement of Orange City Council’s Waste Services Manager

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

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.

* Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

Disclaimer - S88B 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:	4 April 2018

Planning and Development Committee 3 April 2018

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

Attachment 1 Notice of Approval

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 442/2017(1)

NA18/ Container PR8272

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Bassmann Drafting Services
Applicant Address:	PO Box 911 ORANGE NSW 2800
Owner’s Name:	Mustang Rocks Pty Ltd & 2Pursue Mt Gini Pty Ltd
Land to Be Developed:	Lot 172 DP 1238302 - 122 McLachlan Street, Orange
Proposed Development:	Boarding House (four boarding houses),Subdivision (four lot Strata) and Demolition (tree removal)

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

Determination made under Section 4.16
Made On:	3 April 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	4 April 2018
Consent to Lapse On:	4 April 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 ensure compliance with relevant statutory requirements.

(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.

Conditions

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

(a) Plans by Bassmann Drafting Services, Job No. 17.039: Drawing Nos. DA-01(M); DA-02(E); DA-03(D); DA-04(F); DA-05(F) (5 sheets)

Draft Strata Plan by Timothy Collins Ref. 21216ST (3 sheets)