Agenda of Planning and Development Committee

Planning and Development Committee 1 May 2018

2.1 Items Approved Under Delegated Authority of Council

RECORD NUMBER: 2018/776

AUTHOR: Mark Hodges, Manager Building and Environment

EXECUTIVE Summary

Following is a list of development applications approved under the delegated authority of Council.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

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

further considerations

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

SUPPORTING INFORMATION

Reference:	DA 404/2012(2)	Determination Date	18 March 2018
PR Number	PR6618
Applicant/s:	Mr M and Mrs B Casido
Owner/s:	Mr MCL and Mrs BT Casido
Location:	Lot 18 DP 255071 – 21 Leewood Drive, Orange
Proposal:	Modification of development consent – agricultural produce industry. The modified proposal will increase the height of the approved rear extension by approximately 2m.
Value:	$300,000 (being $125,000 more than the original development)

Reference:	DA 307/2013(4)	Determination Date	22 March 2018
PR Number	PR27375
Applicant/s:	Benedict Design
Owner/s:	Beverley Anna Duncan
Location:	Approved Lot 5. Lot 3 DP 286647 – 51 Moulder Street, Orange (formerly known as Lot 1 DP 797835 and Lot 201 DP 1175177 – 49 and 51 Moulder Street, Orange.
Proposal:	Modification of development application - dwelling house, community title subdivision (three lot residential), community title subdivision (four lot residential) and dwelling houses (four). The modification involves an amended floor plan for proposed Unit 5 within Lot 5.
Value:	$350,000 (being $50,000 more than the original development)

Reference:	DA 307/2013(5)	Determination Date	22 March 2018
PR Number	PR27375
Applicant/s:	Mr LG and Mrs GC Cook
Owner/s:	Mr LG and Mrs GC Cook
Location:	Approved Lot 6. Lot 3 DP 286647 – 51 Moulder Street, Orange (formerly known as Lot 1 DP 797835 and Lot 201 DP 1175177 – 49 and 51 Moulder Street, Orange.
Proposal:	Modification of development application – dwelling house, community title subdivision (three lot residential), community title subdivision (four lot residential) and dwelling houses (four). The modification involves an amended floor plan for proposed Unit 6 within Lot 6.
Value:	$400,000 (being $100,000 more than the original development)

Reference:	DA 259/2017(2)	Determination Date	6 April 2018
PR Number	PR1974
Applicant/s:	Saran Holdings Pty Ltd
Owner/s:	Saran Holdings Pty Ltd
Location:	Lot 3 DP 150391 – 129-131 Byng Street, Orange
Proposal:	Modification of development consent – office premises (change of use from pub, alterations and additions to existing building, and verandah reinstatement) and demolition (ancillary buildings and tree removal). The modified proposal involves: · addressing the windows that have been removed from the building; · amending a condition relating to one of the exterior paint colours; · substituting the proposed galvanised iron roof cladding materials and stormwater goods for Colorbond custom orb roof cladding in Windspray colour and the same colour rain goods; · clarifying the supplier of the chimney pots; · proposing a sliding gate; and · relocating the location of mechanical plant from the new flat roof to within the car park area, resulting in the loss of one car parking space.
Value:	$1,900,000 (being the same value as the original development)

Reference:	DA 271/2017(2)	Determination Date	23 March 2018
PR Number	PR27941
Applicant/s:	Hanna Developments Group Pty Limited
Owner/s:	Hanna Developments Group Pty Limited
Location:	Lot 203 DP 1238394 – 19 William Maker Drive, Orange
Proposal:	Modification of development consent – centre based child care facility and business identification sign (pylon sign). The modification involves raising the finished floor levels for the child care facility by 500mm above the original approved development.
Value:	$2,000,000 (being $548,165 more than the original development)

Reference:	DA 418/2017(1)	Determination Date	21 March 2018
PR Number	PR22164
Applicant/s:	Mr JA Kerdic and Ms LM Auteri
Owner/s:	Mr JA Kerdic and Ms LM Auteri
Location:	Lot 101 DP 1107586 – 319 Lords Place, Orange
Proposal:	Dwelling alterations and additions, fence additions, garage/workshop, demolition (outbuildings) and tree removal
Value:	$620,000

Reference:	DA 457/2017(1)	Determination Date	7 April 2018
PR Number	PR11015
Applicant/s:	BT Homes
Owner/s:	Mr BE and Mrs EK Cook
Location:	Lot 19 DP 722291 – 48 Sharp Road, Orange
Proposal:	Subdivision (two lot residential)
Value:	$224,000

Reference:	DA 476/2017(1)	Determination Date	23 March 2018
PR Number	PR26353
Applicant/s:	MET School - Orange
Owner/s:	MET – Orange Campus Pty Ltd
Location:	Lot 501 DP 1189720 – 257 Dalton Street, Orange
Proposal:	Educational establishment (school)(new building)
Value:	$395,000

Reference:	DA 2/2018(1)	Determination Date	3 April 2018
PR Number	PR27600
Applicant/s:	Mr MD and Mrs WJ Miller
Owner/s:	Mr MD and Mrs WJ Miller
Location:	Lot 438 DP 1228050 – 24 Buckland Drive, Orange
Proposal:	Dual occupancy (attached) and subdivision (two lot residential)
Value:	$585,000

Reference:	DA 11/2018(1)	Determination Date	19 March 2018
PR Number	PR5127
Applicant/s:	Mr DJ Williams and Ms JM Scott
Owner/s:	Mr DJ Williams and Ms JM Scott
Location:	Lot 1 DP 194882 – 115 Hill Street, Orange
Proposal:	Demolition (tree removal)
Value:	$1,020

Reference:	DA 29/2018(1)	Determination Date	5 April 2018
PR Number	PR10704
Applicant/s:	Lead Architects
Owner/s:	Mr Z and Mrs T Rossi
Location:	Lot A DP 155863 – 20 Sale Street, Orange
Proposal:	Take away food and drink premises (shop fitout) and business identification signage
Value:	$135,000

Reference:	DA 58/2018(1)	Determination Date	3 April 2018
PR Number	PR25684
Applicant/s:	Spotless Services Pty Limited
Owner/s:	Bloomfield Hospital
Location:	Lot 100 DP 1225276 and Lot 10 DP 11474672 – 1502 and 1530 Forest Road, Orange
Proposal:	Demolition (tree removal)
Value:	$0

Reference:	DA 60/2018(1)	Determination Date	26 March 2018
PR Number	PR20579
Applicant/s:	Mrs JM Granger
Owner/s:	Mrs JM Granger
Location:	Lot 1 DP 1085535 – 31 Autumn Street, Orange
Proposal:	Demolition (tree removal)
Value:	$0

Reference:	DA 63/2018(1)	Determination Date	29 March 2018
PR Number	PR27830
Applicant/s:	Willowdene Constructions Pty Ltd
Owner/s:	Mr GJ and Mrs KL Stevenson
Location:	Lot 519 DP 1233683 – 27 Buckland Drive, Orange
Proposal:	Dual occupancy and subdivision (two lot residential)
Value:	$530,000

Reference:	DA 84/2018(1)	Determination Date	10 April 2018
PR Number	PR19015
Applicant/s:	Hi-Tec Vehicle Management Pty Ltd
Owner/s:	Newlyn Canobolas Pty Ltd
Location:	Lot 45 DP 1063083 – 11 Elwin Drive, Orange
Proposal:	Vehicular repair station (part change of use)
Value:	$0

Reference:	DA 93/2018(1)	Determination Date	11 April 2018
PR Number	PR8739
Applicant/s:	Mr A Roweth
Owner/s:	Mr AC and Mrs RT Roweth
Location:	Lot 27 DP 11439 – 111 Moulder Street, Orange
Proposal:	Business identification sign
Value:	$0

TOTAL NET* VALUE OF ALL DEVELOPMENTS APPROVED IN THIS PERIOD: $3,313,185.00

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

Planning and Development Committee 1 May 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:	1 May 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	2 May 2018
Consent to Lapse On:	2 May 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)

Landscape plan by rfa Landscape Architects

Project no. 4255b - 26 February 2018 - Drawing no. L-01 – rev. DA issue no. B (1 sheet)

(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 (including both stage 1 vapour recovery and stage 2 vapour recovery systems) 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 systems.

(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.

NEIGHBOURHOOD 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.

· 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.

ESSENTIAL ENERGY REQUIREMENTS FOR THE DEVELOPMENT

(176) The Essential Energy requirements for the development are:

· Due care should be taken that no construction activities take place in the exclusion zone (shown in the red hatched area and from the red hatched area to the blue dashed line) on the attached plan. Mobile plant or equipment that is capable of extending to greater than 4.6 metres including any load and or person should not be able to occupy the exclusion zone.

· If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment;

· Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with; and

· In addition, Essential Energy’s records indicate there is electricity infrastructure located within the property. Any activities within this location must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

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

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

Other Approvals

(1) Local Government Act 1993 approvals granted under section 68.

Nil

(2) General terms of other approvals integrated as part of this consent.

Nil

Right of Appeal

If you are dissatisfied with this decision, Section 8.7 of 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:	2 May 2018

Planning and Development Committee 1 May 2018

2.3 Development Application DA 389/2017(1) - Lot 7004 Baker Street, Spring Hill (Alf Read Park)

RECORD NUMBER: 2017/2521

AUTHOR: Andrew Crump, Senior Planner

EXECUTIVE Summary

Application lodged	24/10/2017
Applicant/s	Orange City Council
Owner/s	The State of NSW (Crown Land)
Land description	Lot 7004 DP 1020289 - Baker Street, Spring Hill
Proposed land use	Recreation Area - Amenities Block – Single Accessible WC (Alf Read Park)
Value of proposed development	$50,000

Council's consent is sought to install a building comprising a single accessible Water Closet (WC) at Alf Read Park, Spring Hill. The land is known as Lot 7004 DP 1020289. Refer below locality plan.

Figure 1: locality plan - subject land shown in blue outline

The toilet block consists of a single accessible water closet (WC). The amenities block will be located between the covered play area and the run-up strip for the existing cricket nets.

The form of the building will be contemporary, with a mono-pitched roof providing an awning at the entrance to the WC. The external appearance will consist of lightweight cladding.

A small solar system will be installed on the roof of the structure to power the associated lighting.

Council’s reticulated water and sewer systems will need to be extended to service the facility.

The land is Crown Land. It was noted as part of the process in obtaining owner’s consent that the trustee was vested in Cabonne Council, rather than Orange City Council. This anomaly has been rectified and owners consent has been provided.

The development will have an acceptable level of impact upon the heritage conservation area and acceptable impacts upon the amenity of the locality. Accordingly, the development is recommended for approval.

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.

The proposed toilet design and location is supported by the Spring Hill Community Committee. The design is considered to be modest and considers the heritage significance of the village. One submission from an adjoining neighbour raising objection to the structure was received. The development is permissible within the zone and would, if approved, improve public services to Alf Read Park and Spring Hill.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Our City - Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA 389/2017(1) for Recreation Area - Amenities Block (Alf Read Park) at Lot 7004 DP 1020289 - Baker Street, Spring Hill pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE APPLICATION/PROPOSAL

Council's consent is sought to install a single water closet (WC) amenities structure on land legally described as Lot 7004 DP 1020289, known as Alf Read Park, Spring Hill.

The toilet block consists of a single accessible WC. The amenities block will be located between the covered play area and the run-up strip for the cricket nets.

The form of the building will be contemporary with a mono-pitched roof providing an awning at the entrance to the WC. The external appearance will consist of lightweight cladding. Refer below image.

Figure 2: diagrammatic example of front of proposed structure

(actual external colours will be different)

Figure 3: rear view of proposed facility

(external colours and finsihes will align with those shown in above Figure 3)

Council’s reticulated water and sewer systems will need to be extended to service the facility.

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 Environmental Planning and Assessment Act 1979 (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 EP&A 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

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

The application is considered to be consistent with aims (a), (b), (c) and (f) 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 Zoning Map:	Land zoned RE1 Public Creation
Lot Size Map:	Minimum Lot Size 1000m²
Heritage Map:	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 RE1 Public Recreation zone. The proposed development is defined as a recreation area under OLEP 2011 which means:

recreation area means a place used for outdoor recreation that is normally open to the public, and includes:

(a) a children’s playground, or

(b) an area used for community sporting activities, or

(c) a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

The development is an ancillary building within a recreation area and is permissible in the RE1 Public Recreation zone with the consent of Council.

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

1 - Objectives of the RE1 Public Recreation Zone

· To enable land to be used for public open space or recreational purposes.

· To provide a range of recreational settings and activities and compatible land uses.

· To protect and enhance the natural environment for recreational purposes.

· 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 development along the Southern Link Road has alternative access.

The development is not inconsistent with the objectives of the RE1 Public Recreation Zone. The proposed development will provide public amenities to users of the public space.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

The subject land is located within the Spring Hill Heritage conservation area. The state of significance for Spring Hill Heritage Conservation Area is described as:

Spring Hill - The original subdivision has historic significance as an early successful farming community which developed under the influence of the railway in the 1870's and 1880's, and the character of the domestic scale and wide range of building types including dwellings, shops, sheds, a hotel, police station, school and other uses remain to provide a character which is rare within the central west, valued by the local community and worthy of conserving and enhancing.

(1) Objectives

The objectives of this clause are as follows:

(a) to conserve the environmental heritage of Orange

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

(c) to conserve archaeological sites

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

The development is not inconsistent with the above objectives of the clause. The building design will be a simple sympathetic design adopting lightweight cladding materials and a dark recessive colour palette.

(2) Requirement for Consent

Development consent is required for any of the following:

(e) erecting a building on land:

(i) on which a heritage item is located or that is within a heritage conservation area.

The development involves the erection of a building within a heritage conservation area which requires development consent.

(4) Effect of Proposed Development on Heritage Significance

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

The development will have an acceptable impact upon the significance of the heritage conservation area. The structure will be appropriately sited within the park so as not to impact upon the significance of dwellings within the locality. Moreover, the toilet is respectfully sited away from the Alf Read memorial sign at the southern end of the park. The size of the structure will be subordinate to other existing structures within the park. The condition relating to colours and materials will result in structure that is visually recessive within the setting, and overall, will result in a building that will be an appropriate fit within the context and setting. The proposed solar system will integrate reasonably well within the design and general appearance of the structure and is considered acceptable.

(5) Heritage Assessment

The consent authority may, before granting consent to any development:

(a) on land on which a heritage item is located

(b) on land that is within a heritage conservation area

(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

A heritage management document is not required.

(6) Heritage Conservation Management Plans

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

A heritage conservation management plan is not required.

(7) Archaeological Sites

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a) notify the Heritage Council of its intention to grant consent

(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

The site is not known to be an archaeological site. Notwithstanding this, Council’s standard precautionary condition relating to heritage is attached.

(8) Aboriginal Places of Heritage Significance

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement)

(b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

An Aboriginal Heritage Information Management System (AHMS) search confirms that the subject land is not an Aboriginal Place of Heritage Significance.

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

7.6 - 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

(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

(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.

In consideration of this clause, Council’s reticulated water and sewerage systems is available in close proximity to the subject land. It will be necessary for an engineering plan to be submitted that shows how the facility will be served by Council’s reticulated systems.

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. The development does not involve a change of use.

The subject land has a long history of being used for public recreation purposes and no prior uses of a nature that could result in contamination of land are known to have occurred previously. As such, the land is not expected to be affected by contamination. Notwithstanding this, Council’s standard precautionary condition relating to unexpected contamination is attached to the consent.

STATE ENVIRONMENTAL PLANNING POLICY (Infrastructure)

A small solar panel located on the roof of the structure is proposed to power the associated lighting. As the land is located in a heritage conservation area and the roof will be orientated in a way whereby the system addresses a road, the structure requires consent pursuant to Clause 34(7) of the SEPP. The applicant has sought consent as part of the application.

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.

INTEGRATED DEVELOPMENT

The proposed development is not integrated 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 11 – Land used for Open space and recreation and chapter and chapter 13 – Heritage). 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 6 Open Space (Orange LEP 2000) is zone RE1 Public Recreation zone (Orange LEP 2011). As such, Orange DCP 2004 – Chapter 11 – Land used for Open Space and Recreation is the principle chapter relevant to development upon such zoned land. Those provisions that are relevant are addressed below.

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 fauna management, all of which have been considered above under the heading Orange LEP 2011 (stormwater, groundwater) or Section 1.7 of the Act.

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 are addressed below under the heading “Likely Impacts”. Scenic, landscape and urban areas are addressed under the infill guidelines below, and energy efficiency is addressed through the provision of a solar panel to power LED lighting within the building.

Chapter 11 – Land used for Open Space and recreation

Chapter 11 requires land that is used for open space and recreation to be done so in accordance with a relevant adopted plan of management. The subject land is Crown Land. Council is not aware of a plan of management having been prepared for the land. Notwithstanding this, the Crown reservation is for the purposes of public recreation in the trust of Orange City Parklands Reserve Trust, with the additional purpose for the land to be used for tourist facilities and services. The proposed development relating to the provision of additional amenities for the park is not inconsistent with the gazetted reservation of the Crown land. The development is not inconsistent with chapter 11 of the DCP.

Chapter 13 – Heritage

Heritage matters are addressed both above under the heading Clause 5.10(3) and below under the heading “Infill Guidelines”. Those assessments both conclude that the development is satisfactory in terms of heritage conservation.

INFILL GUIDELINES

The development involves a new building within the Spring Hill Heritage Conservation Area. The heritage significance of the area is detailed above. Relevantly, Council’s adopted infill guidelines are applicable to the assessment of the application. The guidelines principally deal with the following heads of consideration; character, scale and form, siting, materials and colour and detailing. Each head of consideration is addressed below.

Character

The area is characterised as a centrally located triangular shaped public reserve that is bounded by Grove and Baker Streets and an unformed road reserve. The existing improvements on the land comprise a children’s playground and shade sail, cricket nets and basketball court. There are also a number of large deciduous trees within the park. At the southern end of the park there is a memorial sign in dedication to Mr Alf Read.

The proposed toilet will not unreasonably alter the character of the park, nor will it alter in a detrimental way, the character of the surrounding locality. This is due to the building’s siting within the park, appropriate sympathetic design and recessive colour scheme.

Scale and Form

The building will be a small single storey building comprising one accessible WC. The form of the building will be of a simple rectangular form with a mono-pitch roof, pitching to the front of the building extending past the building proper which provides a covered entrance to the WC.

The scale and form of the subject building will be appropriate for the context and setting.

Siting

The building will be sited generally at the mid-point between the northern and southern boundaries of the park, and will be 2m off the eastern boundary which is the common boundary between the park and an unformed road reserve. Although only being 2m from the eastern boundary, the selected siting is acceptable as the unformed road reserve has the appearance of being part of the park, meaning for all intents and purposes the subject structure is centrally located within the park.

In the unlikely event of the road being provided within the road reserve, notwithstanding the selected setback; the modest size of the building, its purpose within a public park and arrangement of existing improvements, the 2m setback will not result in an unsatisfactory streetscape/amenity impact. The selected siting is acceptable.

Materials and Colour

The external building materials will consist of powder coated steel, Colorbond custom orb roof and wall cladding (lower portion) and aluminium wall cladding to the upper portion of the building.

A condition is attached that requires the building to adopt a dark grey colour palette for the frame, roof and lower portion and timber look cladding to the upper portion of external walls.

Council’s Heritage Advisor has recommended that all new concrete be charcoal or basalt coloured concrete. This is to ensure new concrete is sympathetic and recessive within the landscape. A relevant condition is attached in this regard.

Detailing

The detailing relates to the integration and location of modern services and in this case the small solar collector on the roof. Although this will be visible it will not be visually offensive in the locality.

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

The development is not inconsistent with the provisions prescribed by the regulations.

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

Traffic Impacts

The facility is expected to complement the existing facilities within Alf Read Park by improving amenities rather than directly generating additional traffic. That being said, given the modest nature of the facility, any additional traffic is not likely to be excessive. As such, existing arrangements of on-street parking would be acceptable.

Visual impacts

The proposed facility is well separated from Grove and Baker Streets and is separated from nearby dwellings to the east by the existing unformed road reserve. Additionally, the external colour palette and modest size will result in a development that does not adversely impact upon the amenity of the area and will therefore have acceptable visual impacts in the locality.

Environmental impacts

The development will have a minimal impact upon any endangered ecological communities, endangered species or their habits. The works associated with the provision of water and sewer connections will also have minimal environmental impacts.

Heritage impacts

Heritage impacts are addressed above under the heading 5.10 – Heritage Conservation. The foregoing assessment relating to heritage determined that the development would have an acceptable level of impact upon the significance of the Spring Hill Heritage Conservation Area.

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.

Given the modest scale of the development and the conditioned hours of operation, the development is not expected to result in any of the above scenarios that would result in an unsatisfactory impact in the locality.

Safety, security and crime prevention

The siting, design and ongoing management of the proposed toilet will result in satisfactory impacts in relation to safety, security and crime prevention. The siting of the facility within the park will allow passive surveillance of the external areas around the proposed toilet which will assist in the deterrence of anti-social behaviour. The design of the facility will allow for easy maintenance and repair/clean-up of incidents of vandalism. To ensure this is the case, an ongoing condition is attached that requires incidents of vandalism and graffiti to be repaired/removed as soon as practicable to deter further incidents from occurring.

In terms of the management of the facility, the facility will be locked each evening and then opened each morning, meaning the facility will not be accessible at night.

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

The site is suitable for the proposed development. The development will provide additional amenities within an existing public park. Council staff are not aware of the subject land being affected by any natural, physical or technological hazards that would unreasonably constrain the development from occurring in a satisfactory manner.

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

The proposed development is not defined as advertised development under the provisions of the Regulations, and as such no formal exhibition of the application was required. Notwithstanding this, notification of the development application was provided to adjoining owners. During this process one submission was received.

Submission – resident of 22 Baker Street

The submission draws attention to a similar existing facility 285m away from the subject land, stating that the proposed facility is unnecessary and will negatively affect the park.

The submitter also purports that the selected location will impact on existing park facilities, aesthetics of the area and create safety issues.

The submission flags the absence of any formal parking and describes the situation that occurs when vehicles park within the park and the resulting damage that occurs to the ground surface and potential safety issues this creates. The submission also raises the issue of the facility being retracted in terms of accessibility.

The submitter also suggests that the building materials will deteriorate quickly and the facility will become and ongoing maintenance issue.

The submission concludes with the submitter conveying his displeasure with the consultation processes that this project has gone through.

Council staff response

Council planning staff requested that a response be provided in relation to the submission received. The following was provided by the applicant:

Thank you for the opportunity to respond to the submission in regard to the above development.

I note the concerns of the resident.

As part of the DA process I met with the author on site. At that meeting we agreed that the proposed location was the best location available and had the least impact on adjoining residents whilst providing amenity to the users of the park.

The distance to the alternative facility is excessive and not regarded as a viable alternative.

The location and style of the facility has been agreed with the Spring Hill Community Committee members and other adjoining residents.

Access to the facility both for users and the cleaners is regarded as suitable.

The product is in use in a wide variety of locations across Australia and does not present any of the possible issues identified by the objector.

In response to the submission it is agreed that the distance to the existing facility is excessive and the provision of a toilet facility at this park is justified.

The proposed toilet is expected to complement and enhance the level of amenities on offer within the existing public space rather than directly drawing people to the park. As such, the existing parking arrangements are considered adequate for the proposed development. The comments in relation to contractors and the like driving onto the park is not directly related to the assessment of this application. It will be necessary for cleaning and maintenance staff and the like to be directed not to drive onto the park as a separate process.

In terms of the level accessibility, this is an important point, particularly when the toilet is designed to be an accessible toilet. As such, a condition is attached that requires a footpath to be installed from a public road to the facility. This is required to be installed prior to the issue of a final occupation certificate. The footpath will be required to be basalt or charcoal coloured concrete so as to be sympathetic with the context and setting.

The development will use powder coated steel structure with lightweight external cladding. Such products are designed to withstand the elements and it is expected that the facility will have an acceptable life-cycle. Notwithstanding this, a condition is attached that requires incidents of vandalism and graffiti to be repaired / cleaned as soon as practicable.

In terms of the consultative processes that have occurred in relation to this project, this is separate to the relevant planning matters. Council planning staff elected to notify the development to adjoining owners to make them aware of the development and provide the opportunity for those owners to make representation in relation to the development. Council has met its obligations in relation to public consultation in relation to this matter pursuant to the Environmental Planning and Assessment Act.

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 Plans, D18/20320 ⇩

2 Submission, IC17/22799 ⇩

3 Notice of Approval, NA18/228 ⇩

Planning and Development Committee 1 May 2018

2.3 Development Application DA 389/2017(1) - Lot 7004 Baker Street, Spring Hill (Alf Read Park)

Attachment 3 Notice of Approval

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 389/2017(1)

NA18/ Container PR12990

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Orange City Council
Applicant Address:	PO Box 35 ORANGE NSW 2800
Owner’s Name:	Orange City Council
Land to Be Developed:	Lot 7004 DP 1020289 - Baker Street, Spring Hill
Proposed Development:	Recreation Area - Amenities Block (Alf Read Park)

Building Code of Australia building classification:	Class 10a

Determination made under Section 4.16
Made On:	1 May 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	2 May 2018
Consent to Lapse On:	2 May 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) To ensure the utility services are available to the site and adequate for the development.

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

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

Conditions

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

(a) Plan/s numbered:

One unnumbered site plan,

Plans by ‘modus’ dated 24 July 2017 job no. 5378; sheet 01 (duplicated sheet number, two separate plans); sheet 02a; sheet 02b; sheet 03; sheet 04; sheet 05; sheet 06 (8 sheets)

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

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(4) Full details of external colours and finishes of external materials are to be submitted and approved by Councils Manager Development Assessments prior to the issue of a Construction Certificate. The external materials and colours shall consist of woodland grey coloured framing, roof and lower external cladding. The upper external cladding to be timber coloured or similar lightweight material cladding. All new concrete is to consist of oxide through mixed concrete in basalt or charcoal colour.

(5) A 150mm-diameter sewer main is to be constructed from Council’s existing sewer network 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.

PRIOR TO WORKS COMMENCING

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

(7) 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.

DURING CONSTRUCTION/SITEWORKS

(8) 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.

(9) In the event of an unexpected find during works such as (but not limited to) the presence of undocumented waste, odorous or stained soil, asbestos, structures such as underground storage tanks, slabs, or any contaminated or suspect material, all work on site must cease immediately. The beneficiary of the consent must discuss with Council the appropriate process that should be followed therein. Works on site must not resume unless the express permission of the Director Development Services is obtained in writing.

(10) 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.

(11) Where Orange City Council is appointed as the Principal Certifying Authority, the following inspections will be required to be carried out by Council:

- at commencement of building work

- slab reinforcement, prior to the pouring of concrete

- frame inspection

- final inspection.

Should any of the above mandatory inspections not be carried out by Council, an Occupation Certificate will not be issued on the complete structure.

(12) 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.

(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 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.

(15) A water meter and sewer junction is to be provided inside the boundary of the allotment in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(16) 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.

(17) A concrete footpath shall be installed between a public road and the facility to provide an accessible connection to the facility. The concrete used for the footpath shall be oxide through mixed coloured concrete in a charcoal or basalt colour. The footpath shall be installed prior to the issue of a final occupation certificate.

(18) 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.

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

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

(21) The toilet shall be locked closed each evening before dusk and then unlocked each morning at dawn.

(22) All incidents of vandalism and graffiti shall be repaired / removed as soon as practicable.

Other Approvals

General terms of other approvals integrated as part of this consent:

Local Government Act 1993 approvals granted under Section 68.

Water, sewer and stormwater

(1) All plumbing and drainage (water supply, sanitary plumbing and drainage, stormwater drainage and hot water supply) is to comply with the Local Government (Water, Sewerage and Drainage) Regulation 1998, the Plumbing Code of Australia 2016 - Plumbing & Drainage and Australian Standard AS3500 - National Plumbing and Drainage Code. Such work is to be installed by a licensed plumber and is to be inspected and approved by Council prior to concealment.

(2) The following inspections are required to be carried out by Council as the Water and Sewer Authority:

- internal sewer

- hot and cold water installation

- external sewer

- stormwater drainage

- final on water, sewer and stormwater drainage and Council services.

(3) Hot water shall be stored at a minimum of 60^OC and be delivered to all sanitary fixtures used for personal hygiene (bathrooms/ensuites) at a temperature not exceeding 50^oC. Where tempering valves are installed, a sign is to be permanently fixed on the hot water heater adjacent to the tempering valve (clearly visible) indicating:

“A tempering valve has been installed to prevent scalding. This valve is to be renewed at intervals as recommended by the manufacturer.”

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

(5) All stormwater is to be disposed of in a manner suitable to the site.

Right of Appeal

Disability Discrimination Act 1992:

The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation.


*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:	2 May 2018

Planning and Development Committee 1 May 2018

2.4 Development Application DA 405/2017(1) - 241 Ploughmans Lane

RECORD NUMBER: 2018/989

AUTHOR: Summer Commins, Senior Planner

EXECUTIVE Summary

Application lodged	2 November 2017
Applicant/s	Orange Evangelical Church Incorporated
Owner/s	Orange Evangelical Church Incorporated
Land description	Lot 9 DP 746439 - 241 Ploughmans Lane, Orange
Proposed land use	Place of Public Worship and Business Identification Sign
Value of proposed development	$3,000,000.00

Council's consent is sought for a proposed place of public worship at 241 Ploughmans Lane, Orange.

Figure 1 - locality plan

The proposal involves erection of a purpose-built church building with floor area of 967m²; conversion of the existing dwelling house to ancillary church offices; and construction of an onsite car park containing 112 spaces. The development will necessitate new site access via the road reserve to the west of the site, including intersection construction at Cargo Road and new public road. Infilling of dams over the site is also proposed.

The proposed place of public worship will provide Sunday church services, and various pastoral care activities and groups throughout the week. Proposed hours of operation are generally between the hours of 7am and 10.30pm with operation to midnight on a Saturday night for up to 12 times a year.

The proposal comprises nominated integrated development. The subject land is traversed by Ploughmans Creek. Separate approval is required from NSW Department of Primary Industries (DPI) (Water) under the Water Management Act 2000, for works in the vicinity of Ploughmans Creek. DPI Water has issued General Terms of Approval for the proposed development. These are included in the attached Notice of Approval.

The subject land has frontage to Cargo Road being a classified road. The concurrence of Roads and Maritime Services (RMS) is required for proposed new intersection and road, pursuant to the Roads Act 1993. RMS has granted its concurrence, subject to conditions. The conditions are included in the attached Notice of Approval.

The proposal comprises advertised development. At the completion of the public notice and exhibition period, two submissions had been received in relation to the application. The issues raised in the submissions generally relate to the impacts of the development on residential amenity (light, noise and traffic). The impacts are considered to be within reasonable limit, consistent with applicable standards, and addressed via conditions of consent.

The proposed development complies with the planning provisions that apply to the subject land and particular landuse. Approval of the application is recommended, subject to conditions in the attached Notice of Approval.

RECENT LEGISLATIVE CHANGES

DECISION FRAMEWORK

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

Director’s Comment - the development will necessitate new site access via the road reserve to the west of the site, including intersection construction at Cargo Road and new public road. RMS have given support for the concept. The proposed development is not contrary to the DCP masterplan for the Ploughmans Valley. The main issues to consider relate to traffic impacts, hours of operation and noise impacts. These issues have been addressed by recommended conditions of development consent. The proposed development is considered acceptable subject to the conditions in the attached Notice of Determination.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA 405/2017(1) for Place of Public Worship and Advertisement at Lot 9 DP 746439 - 241 Ploughmans Lane, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

HISTORY/BACKGROUND

The site has been the subject of recent development consent for a proposed place of worship and advertisements (DA 366/2008(1) approved 15 December 2008. The current proposal represents a modified version of the approved DA.

THE PROPOSAL

The proposal involves development of the subject land for a place of public worship for Orange Evangelical Church. Proposed works include:

· Erection of a church building with floor area of 967m² and comprising:

- auditorium with 347 seats

- three classrooms

- a crèche and crying room

- kitchen and amenities

- entrance and foyer

- break out space/café

- store rooms

· Change of use of the existing dwelling to ancillary church offices and self-contained apartment for church visitors.

· New site access via the road reserve to the west of the site, including intersection construction at Cargo Road and new public road.

· Construction of internal access roads and onsite parking areas containing 112 parking spaces.

· Establishment of an outdoor playground between the proposed church building and offices (former dwelling).

· Erection of business identification signage at the Cargo Road frontage, comprising a double-sided free-standing pylon sign with signage panels of 2.5m² each, and height of 3.56m.

· Landscaping of the site.

· Infilling of two existing dams, beneath the proposed building footprint and at the Ploughmans Lane site frontage.

The proposed church building design and site layout are depicted below.

Figure 2 – proposed church building, east elevation

Figure 3 – proposed site layout

The application provides the following details in relation to day to day use of the site:

As shown, the proposed place of public worship will provide Sunday church services, and various pastoral care activities and groups throughout the week night and day. Peak attendance to the place of worship will be Sunday morning services at 9am and 11am, with some 200 people present.

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.

Having regard to the relevant provisions and as outline in this report, 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 particular aims of Orange LEP 2011 relevant to the proposal include:

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

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

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

The application is considered to be consistent with the above objectives, as outlined in this report.

Clause 1.6 - Consent Authority

Clause 1.6 is applicable and states:

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

Clause 1.7 - Mapping

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

Land Zoning Map:	Land zoned R2 Low Density Residential
Lot Size Map:	Minimum lot size 850m² and 2000m²
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:	Land contains defined watercourse (Ploughmans Creek)
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:	Land within a flood planning area (adjacent to watercourse)

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

Clause 1.9A is applicable and states in part:

(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2) This clause does not apply:

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

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

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

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

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

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

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

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

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones

The subject land is located within the R2 Low Density Residential Zone. The proposed development is defined as ‘place of public worship’ and ‘business identification sign.’

Pursuant to the LEP Dictionary:

‘Place of public worship’ means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building is also used for counselling, social events, instruction or religious training.

‘Business identification sign’ means a sign:

(a) that indicates:

(i) the name of the person or business, and

(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and

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

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

‘Places of public worship’ and ‘business identification signs’ are permitted with consent in the R2 zone. The proposed kitchen and breakout space café have been assessed as ancillary to the place of public worship, and are permitted with consent in the zone. A condition is included on the attached Notice of Approval to this effect, and further requiring that additional development consent would be required for separate use as a kiosk, neighbourhood shop, etc.

Clause 2.3 - Zone Objectives and Land Use Table

The objectives for land zoned R2 Low Density Residential are as follows:

· To provide for the housing needs of the community within a low density residential environment.

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

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

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

The proposed development is consistent with the relevant R2 zone objectives. The proposal does not involve residential landuse (excepting an ancillary apartment for occasional use by visiting church members). The proposal will provide a place of worship that may be utilised by local and wider residents. Places of public worship are a permitted and complementary landuse in the R2 zone. The neighbourhood is serviced by public transport. The site does not have frontage or access to the Southern Link Road.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

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

Part 5 - Miscellaneous Provisions

The Part 5 Miscellaneous Provisions are not applicable to the proposal.

Part 7 - Additional Local Provisions

7.1 - Earthworks

Clause 7.1 applies. This clause states in part:

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

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

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

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

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

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

(f) The likelihood of disturbing relics

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

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

Earthworks associated with the development involve infill existing dams at the site frontage to Ploughmans Lane and beneath the footprint of the main building; and the creation of level building pads for the church building, internal roads and parking areas.

The earthworks will be supported onsite and the change in ground level is not substantial. Disruption to drainage is considered to be minor and will not detrimentally affect adjoining properties. The eastern dam is off-line to Ploughmans Creek; infilling of this dam will have nil impact on adjoining properties or Ploughmans Creek, subject to erosion and sediment controls, as required by conditions.

7.2 - Flood Planning

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

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

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

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

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

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

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

In consideration of Clause 7.2, the proposed building is located outside of the Flood Planning Area that affects the subject land. Localised flooding is controlled by existing infrastructure within the Ploughmans Lane road reserve. The development will have nil impact on flood behaviour, nor alter the existing flood hazard of the land.

7.3 - Stormwater Management

Clause 7.3 is applicable. This clause states in part:

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

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

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

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

Subject to engineering design, stormwater from the development will be piped to Ploughmans Creek or Council’s piped stormwater drainage system on Cargo Road (when road upgrading works are complete). Onsite stormwater detention will also be required to limit post-development peak flows to pre-development levels. Conditions are included on the attached Notice of Approval in relation to stormwater management to satisfy the requirements of Clause 7.3.

7.5 - Riparian Land and Watercourses

The subject land contains a Sensitive Waterway, as shown on the Watercourse Map. Ploughmans Creek is located in the eastern portion of the land, adjacent to Ploughmans Lane. Clause 7.5 is applicable and states in part:

(3) Before determining a development application to carry out development on land to which this clause applies, the consent authority must consider whether or not the development:

(a) is likely to have any adverse impact on the following:

(i) the water quality and flows within a watercourse,

(ii) aquatic and riparian species, habitats and ecosystems of the watercourse,

(iii) the stability of the bed and banks of the watercourse,

(iv) the free passage of fish and other aquatic organisms within or along the watercourse,

(v) any future rehabilitation of the watercourse and its riparian areas, and

(b) is likely to increase water extraction from the watercourse.

DPI Water has issued general terms of approval for development within 40m of the Ploughmans Creek (refer Integrated Development below). Building siting, stormwater management and construction measures will avoid risks to the adjacent watercourse.

7.6 - Groundwater Vulnerability

The subject land is identified as groundwater vulnerable on the Groundwater Vulnerability Map. Clause 7.6 is applicable and states in part:

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider:

(a) whether or not the development (including any on-site 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.

In consideration of this clause, the proposal does not involve any activities that will cause groundwater contamination. The proposed development involves only minor excavation for footings and will not intersect groundwater bearing zones. Conditions are included on the attached Notice of Approval requiring existing and proposed buildings to be connected to Council’s reticulated sewerage system.

Clause 7.11 - Essential Services

Clause 7.11 is applicable. This clause states:

(a) the supply of water

(b) the supply of electricity

(c) the disposal and management of sewage

(d) storm water drainage or onsite conservation

(e) suitable road access.

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

· the subject land is connected to reticulated water supply

· electricity and telecommunications are available to the land

· conditions are included on the attached Notice of Approval requiring existing and proposed buildings be connected to Council’s reticulated sewerage system

· subject to augmentation and administration, stormwater management for the subject land is suitable. Stormwater from the development will be piped to Ploughmans Creek or Council’s piped stormwater drainage system on Cargo Road (when road upgrading works are complete). Conditions are included on the attached Notice of Approval in relation to stormwater management

· vehicular access to the site is proposed via a new road within the road reserve to the west of the site, including a new intersection at Cargo Road. Conditions are included on the attached Notice of Approval requiring intersection construction; full road construction from Cargo Road to the site entrance; and half road construction for the full frontage of the development. RMS has given their concurrence to the intersection work (refer Integrated Development below).

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 - Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) is applicable. Pursuant to Clause 7 Contamination and remediation to be considered in determining development application:

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

(a) it has considered whether the land is contaminated, and

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

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

In consideration of this clause, the potential for contamination of the site is considered to be low. The subject land has longstanding residential use and is not known to have been used for a Table 1 purpose to the contaminated land planning guidelines. The proposed place of public worship does not comprise a more sensitive landuse than the existing residential use. Further contamination investigation as a precursor to potential site remediation is considered unnecessary for the proposed development.

State Environmental Planning Policy 64 - Advertising and Signage

State Environmental Planning Policy 64 - Advertising and Signage (SEPP 64) is applicable and states in part:

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

(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.

Business identification signage will be erected at the Cargo Road frontage. Signage will comprise a double-sided free-standing pylon sign with signage panels of 2.5m² each, and height of 3.56m, as shown:

Figure 4 – proposed signage

In consideration of the relevant requirements of the SEPP, the proposed pylon sign is consistent with the policy objectives and assessment criteria, as outlined below.

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 locality is fringe urban area/residential and does not contain a particular theme for outdoor advertising. Places of worship are a permitted and complementary landuse in the setting and ancillary advertising is an expected visual element.

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?

The subject and adjoining lands are zoned R2 Low General Residential. The proposed pylon sign subject to recommended conditions of consent will not detract from the amenity or visual quality of the locality, given the setback from the public road, the undulation of the site and the provision of landscaping which is to surround the site.

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?

The proposed advertising signage will not unreasonably obscure or compromise views. There are no other advertisers in the immediate locality. The sign will not protrude above the natural or built skyline in the locality pursuant to Clause 23 Freestanding Advertisements. Notwithstanding, the proposed overall height of the pylon sign at 3.56m is considered excessive in the residential neighbourhood. In order that the sign will be of a residential scale, a condition is included on the attached Notice of Approval limiting the sign height to 2m.

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?

The proposed pylon sign subject to recommended conditions will have acceptable impacts on the Cargo Road streetscape in respect of scale, proportion and form.

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 pylon sign subject to conditions will be of appropriate scale and proportion in the context of the proposed church building.

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?

The proposal does not involve safety devices, platforms or lighting devices.

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 sign will not be illuminated.

8 - Safety

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

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

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

The proposed sign will be wholly contained within the subject land and will not obscure sight lines. Consistent with RMS advice, a condition is included on the attached Notice of Approval that advertising comply with the Transport Corridor Outdoor Advertising and Signage Guidelines (Department of Planning and Environment 2017), and not flash, move or be objectionably glaring or luminous.

State Environmental Planning Policy Infrastructure 2007

The subject land has frontage to a classified road (Cargo Road) and State Environmental Planning Policy (SEPP) Infrastructure 2007 applies. The applicable clauses are outlined below.

Clause 101 Development with frontage to a classified road

(1) The objectives of this clause are:

(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

(2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

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

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

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

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

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

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

In consideration of Clause 101, vehicular access to Cargo Road is not available for the subject land. The proposal involves vehicular access to the site via a new road within the road reserve to the west of the site, including a new intersection at Cargo Road. RMS has given their concurrence to the intersection work (refer Integrated Development below). The development will have nil impact on the safety, efficiency and ongoing operation of Cargo Road. Places of public worship are not sensitive to traffic noise or vehicle emissions.

Clause 104 Traffic generating development

The proposal comprises traffic generating development pursuant to Schedule 3, being a place of public worship that has access within 90m of a classified road and has parking for 50 or more motor vehicles. Pursuant to Clause 104(3):

(3) Before determining a development application for development to which this clause applies, the consent authority must:

(a) give written notice of the application to RMS within 7 days after the application is made, and

(b) take into consideration:

(i) any submission that RMS provides in response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, RMS advises that it will not be making a submission), and

(ii) the accessibility of the site concerned, including:

(A) the efficiency of movement of people and freight to and from the site and the extent of multi-purpose trips, and

(B) the potential to minimise the need for travel by car and to maximise movement of freight in containers or bulk freight by rail, and

(iii) any potential traffic safety, road congestion or parking implications of the development.

In consideration of this clause, the proposed development was referred to RMS for consideration. RMS raised no objection to the proposal on traffic generation grounds, subject to conditions in relation to clearance for service vehicles; dedicated onsite un/loading areas; and appropriate signage. RMS conditions are included on the attached Notice of Approval. Impacts of the development in relation to traffic safety, road congestion and parking are considered to be within reasonable limit, as outlined below (refer Impacts of the Development – Traffic Matters).

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.

INTEGRATED DEVELOPMENT

The proposed development comprises integrated development pursuant to Section 4.46 of the Environmental Planning and Assessment Act 1979.

The proposal requires a Controlled Activity approval under Section 91 of the Water Management Act 2000, from DPI Water, for works adjacent to Ploughmans Creek. DPI Water has provided general terms of approval for the development, and these are included on the attached Notice of Approval.

The subject land has frontage to Cargo Road. Council is the roads authority for Cargo Road, and as such, integrated approval is not required. Notwithstanding, RMS concurrence for the proposed development is required pursuant to Section 138(2) of the Roads Act 1993. RMS concurrence has been granted to the development, subject to conditions. These are included on the attached Notice of Approval.

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

Development Control Plan 2004

The proposal is consistent with the relevant Planning Outcomes (PO), as follows:

Chapter 00 Transitional Provisions

PO 0.4-2 Tree Preservation

· The proposal involves removal of radiata pine trees. The species are exempt from a tree preservation order; consent is not required for removal.

PO 0.4-11 Transport Routes

· The proposed site layout and building design will have positive visual impacts on the arterial road corridor (Cargo Road).

· Proposed business identification signage will not generate a distraction to motorists, as considered previously.

· Direct access to the development site will not be available via Cargo Road.

· Onsite parking will be visible and accessible via the new public road and internal roadway.

· The proposed place of public worship is not sensitive to traffic noise.

Chapter 2 Natural Resource Management

PO 2.1-1 Stormwater Quality

· Soil and erosion control measures will be implemented during construction.

· Conditions are included on the attached Notice of Approval requiring the proposed development comply with the Development and Subdivision Code.

· The stormwater design for the development will include onsite detention, prior to discharge to Ploughmans Creek or Cargo Road.

· Ploughmans Creek is located in the eastern portion of the land, adjacent to Ploughmans Lane. The proposed development will be wholly located outside of the LEP-prescribed flood planning area and riparian watercourse, and will have nil impact on the waterway.

PO 2.3-1 Vegetation Management

· Consent is not required for proposed removal of radiata pine trees.

· Retention of vegetation in the northern portion of the land will retain a vegetative buffer between the development and adjoining dwelling to the north. Additional landscaping will be provided to the development site. A quality landscape setting will be retained.

PO 2.4-1 Flora and Fauna Management

· The proposed development will necessitate removal of radiata pine trees over the site and within the adjoining western road reserve. Pursuant to the NSW National Parks and Wildlife Service: Atlas of NSW Wildlife, the locality does not contain threatened species of flora or fauna. As such, the development is not likely to have a significant effect on threatened species, populations or ecological communities, or their habitats.

Chapter 3 General Considerations

PO 3.1-1 Cumulative Impact

· The cumulative impacts of the development in relation to landuse, character, public domain and natural and built environment are considered to be within reasonable limit (refer Likely Impacts of the Development – Cumulative Impacts below).

PO 3.2-1 Scenic, Landscape and Urban Areas

· Site landscaping will be undertaken. Conditions are included in the attached Notice of Approval requiring preparation and implementation of a landscape plan.

· Conditions are included in the attached Notice of Approval requiring submission of an external colours and finishes schedule, to ensure suitability in the particular setting.

PO 3.3-1 Energy Efficiency

· The development will be carried out in accordance with Section J of the Building Code of Australia.

PO 3.4-1 Waste Generation

· The proposal does not involve demolition. Vegetation to be removed will be mulched and re-used on site.

Chapter 4 Special Environmental Considerations

PO 4.1-1 Sewage Disposal

· Conditions are included in the attached Notice of Approval requiring existing and proposed buildings be connected to Council’s reticulated sewerage system.

PO 4.3-1 Land Shaping

· Conditions are included in the attached Notice of Approval requiring preparation and implementation of soil and erosion control measures.

· Conditions are included in the attached Notice of Approval requiring clean fill to the dam only.

PO 4.4-1 Contaminated Land

· The potential for contamination of the site is considered to be low, as considered previously. Further contamination investigation as a precursor to potential site remediation is considered unnecessary for the proposed development.

Chapter 5 General Considerations for Zones and Development

Part 5.3 Advertised Development

· Places of public worship are advertised development pursuant to Part 5.3. The application was advertised for the prescribed period. At the conclusion of the public notice and exhibition period, 2 submissions had been received. The issues raised in the submission are considered below (refer Submissions).

Chapter 7 Development in Residential Areas

PO 4.2-2 Residential Subdivision in Ploughmans Valley

· The proposal does not involve subdivision.

· The development will have nil impact on the Area 3 subdivision masterplan allotment layout.

· The proposed new road to service the development to the west of the site is consistent with the road layout shown on the Area 3 masterplan.

· Stormwater management will include onsite detention prior to discharge to Ploughmans Creek or Cargo Road.

· The proposal will have nil impact on open space linkages through Ploughmans Valley.

PO 7.7-1 Neighbourhood Character and PO 7.7-2 Building Appearance

· The subject site is located on the corner of Ploughmans Lane and Cargo Road, within the Ploughmans Valley precinct. The area has high visual amenity and features undulating land with native and introduced species. The localised cadastre comprises rural residential parcels and more recent standard residential lots. The predominant built form comprises substantial modern dwellings and ancillary structures.

· The proposed building will be contemporary in presentation with flat and skillion roof profiles; varied wall heights; mixed wall cladding; and horizontal and vertical window fenestration. It is considered that the building design is typical for a modern place of worship in respect of design and detailing.

Figure 5 – south elevation, presentation to Cargo Road

· The proposed building design will reasonably complement the neighbourhood built form. Contemporary design elements have been utilised for newer dwellings in the precinct. Footprint and massing will relate to substantial dwellings on adjoining parcels. Part-retention of existing vegetation and new plantings will retain the landscaped setting and provide integration of the building within the site and setting.

· The proposed landuse is permitted and complementary in the zone. An existing place of worship is located nearby to the site on the southern side of Cargo Road.

· The development will have primary frontage and access to the proposed new road. Notwithstanding, the new building has been sited and designed to address all road frontages (notwithstanding the substantial setbacks from Ploughmans Lane and Cargo Road).

· Car parking will be partly sited in the front setback to the proposed new road. Planting to the front boundary will prevent the carpark from dominating the street frontage. The intervening public reserve between the site and new road will also assist to soften and screen the hardstand parking area.

PO 7.7-4 Setbacks

· The DCP prescribes a 15m setback to Cargo Road, with the setback to comprise plantings with a “landscape-entry avenue character.” Building siting is consistent with the prescribed setback. Conditions are included in the attached Notice of Approval in relation to landscaping requirements.

· The DCP prescribes a 6m setback from a local service road, including the proposed new road. The proposed new building will be sited some 18m from this frontage

· Public reserve lands to the south and west of the site will provide additional visual separation (over and above the building setbacks) between the development and the public domain. The building will not visually encroach on the public roads. Opportunity will exist for a possible part road closure of the former distributor Road corridor and possible sale of land to the proponent in the future once the new road is constructed which would further enhance setbacks in this locality.

PO 7.7-5 Fences and Walls

· Conditions are included in the attached Notice of Approval that perimeter fencing comply with the DCP for this location, ie. open style and integrated with plantings.

PO 7.7-6 Visual Bulk

· The proposed building will not encroach the visual bulk envelope plane, nor exceed the site coverage prescribed in the DCP.

· The building will be single-storey, but the auditorium component will present a two-storey building bulk. The height of the building will be 8.5m at its highest point.

· The proposed bulk is considered suitable due to the undulating landform on this parcel and in the locality generally; the massing and height of improvements on adjoining lands; and the setbacks provided for the building. Furthermore, the building scale is considered suitable on an allotment of this size.

· Existing and proposed landscaping will also assist to screen the building bulk and provide integration of the building form in the site and streetscape.

· The intervening public reserves will provide additional separation between the development and public domain. The proposed development will not visual encroach public roads or adjoining properties.

· The interface between the development and nearest dwelling to the north will be negligibly altered due to retention of the existing dwelling (and conversion to offices) and landscaping in the north of the site.

PO 7.7-8 Daylight and Sunlight

· The proposal will have nil impact on solar access for adjoining properties.

PO 7.7-9 Views

· The location of the proposed church building within a valley will ensure that the development will not impact on prominent views for adjacent properties, nor dominate the skyline.

PO 7.7-10 Visual Privacy

· The development will not result in overlooking of, or loss of privacy to the adjoining dwelling to the north due to the following:

- the existing dwelling (to be converted to ancillary church offices) will provide a buffer between the new church improvements

- parking areas will removed from the northern boundary by some 50m

- advanced trees in the northern portion of the site will be retained

- outdoor play space for the church will be central to the site, between the existing and proposed buildings.

PO 7.7-11 Acoustic Privacy

· Matters in relation to acoustic privacy have been addressed below under the heading “Noise Impacts”. Conditions are included on the attached Notice of Approval in relation to acoustic measures required to ensure the proposed development would comply with the NSW Noise Policy.

PO 7.7-12 Security

· The proposed site layout and building design will reasonably satisfy the following crime prevention principles:

- territorial enforcement (perimeter fencing, building identification signage, landscape maintenance)

- surveillance (sight lines between church facilities and public domain, external lighting, non-concealing landscaping)

- access control (single site entry point, perimeter fencing)

- space management (landscape maintenance).

PO 7.7-14 Circulation Design

· Vehicular access to the site will be via the new road. Internal roads and car parking areas will provide for functional onsite passing and manoeuvring, and forward direction egress to the new road.

· Onsite vehicle areas will be designed to manage stormwater.

· Landscaping will be provided to vehicle areas.

· Internal accessways and parking areas will be designed consistent with AS 1428.1 Design access and mobility.

PO 7.7-15 Car Parking

· Onsite car parking is required for places of worship at a rate of 1 space per 10m² GFA or 1 space per every 10 seats, whichever is the greater. The proposed development comprises GFA of 967m² with 96.7 parking spaces (or 97 whole spaces) required. Alternatively, based on 347 seats in the auditorium, 34.7 parking spaces (or 35 whole spaces) are required.

· Three parking areas are proposed for the development, containing a total of 112 car parking spaces, including three spaces for disabled drivers. Onsite parking for the development is thereby consistent with the DCP.

PO 7.7-17 Open Space and Landscaping

· Conditions are included in the attached Notice of Approval requiring preparation and implementation of a landscape plan, in order to satisfy the requirements of this part.

PO 7.7-18 Stormwater

· Stormwater from the development will be piped to Ploughmans Creek or Council’s piped stormwater drainage system on Cargo Road (when road upgrading works are complete). Conditions are included in the attached Notice of Approval in relation to stormwater management to satisfy the requirements of this part.

PO 7.7-19 Erosion and Sediment Control

· Conditions are included in the attached Notice of Approval requiring preparation and implementation of an erosion and sediment control plan, in order to satisfy the requirements of this part.

Chapter 14 Advertising

PO 14.2-1 Advertisements and PO 14.3-1 High Profile Areas

· Proposed business identification signage is considered suitable for the site and setting as outlined previously (refer SEPP 64 Advertising and Signage).

Chapter 15 Car Parking

PO 15.6-1 Off-street Car Parking

· Onsite car parking will be provided for the development consistent with the DCP.

· Car parking design and construction will comply with AS2890.1 Off street car parking.

· The proposal involves external lighting to parking areas. Conditions are included on the attached Notice of Approval that external lighting comply with applicable standards and not cause nuisance glare for adjoining properties.

· The proposed landuse will not generate service vehicles, and a dedicated un/loading zone is not required. Any un/loading activities could be undertaken at the building entrance, without conflict to the movement of vehicles over internal accessways.

SECTION 64 WATER AND SEWER HEADWORKS CHARGES

Section 64 water and sewer headwork charges are applicable to the proposed development. The contributions are based on 3ETs for water supply headworks and 4ETs for sewerage headworks. Conditions are included in the attached Notice of Approval requiring payment of applicable contributions.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

The proposal partly involves a change of building use for an existing building (dwelling house to ancillary church office). Council is satisfied that the fire protection and structural capacity will be appropriate for the existing and proposed buildings. Relevant conditions are attached.

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

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

Noise Impacts

A Noise Impact Assessment was submitted in support of the proposal (Guz Box Design + Audio March 2017). The assessment concludes:

‘Following installation of acoustic materials and construction systems outlined [in the assessment], it is anticipated that the proposed worship centre for Orange Evangelical Church at 241 Ploughmans Lane with satisfy the requirements of the NSW Industrial Noise Policy… It is anticipated that any noise from within the proposed worship centre associated with the normal functions of the church will have little impact on the surrounding residential areas.’

It should be noted that since the acoustic report was completed in March 2017, the NSW Industrial Noise Policy was replaced with the Noise Policy for Industry. Council’s Manager Building and Environment has advised that the noise report as submitted still adequately assessed noise from the proposed development, with predicted noise levels used being relatively conservative. The acoustic report recommends specific design/construction features for the proposed building that would adequately minimise noise emissions from the building. Council’s Manager Building and Environment concurs with the findings and recommendations of the Noise Impact Assessment. Conditions are included on the attached Notice of Approval in relation to acoustic measures required to ensure the proposed development would comply with the NSW Noise Policy.

The matter in relation to hours of operation have been addressed below under the heading “Submissions”.

Visual Impacts

As outlined in the foregoing assessment, the visual impacts of the proposal are considered suitable with reference to siting, design, detailing, bulk, signage and landscaping.

Traffic Matters

The proposal is considered to be satisfactory in terms of traffic impacts, as outlined below. RMS have raised no objections to the development and conditions have been recommended to address access requirements.

Car Parking

Onsite car parking will be provided for the development consistent with the DCP. The parking areas layout and design will comply with AS 2890.1 Off-street car parking.

Access

Vehicular access to the site is proposed via a new road within the road reserve to the west of the site, including a new intersection at Cargo Road (being a classified road). RMS has granted concurrence to the proposed intersection work as required pursuant to Section 138(2) of the Roads Act 1993, subject to conditions which require:

· a Channelised Right (CHR) turn treatment being provided in Cargo Road at the intersection with the proposed new road

· safe Intersection Sight Distances (SISD) being provided in both directions at the vehicle access point servicing the site, and at the intersection of Cargo Road and the proposed new road

· no direct access to the site from Cargo Road being permitted.

RMS conditions are included on the attached Notice of Approval.

Additionally, Council’s Development Engineer has recommended conditions in relation to construction of the proposed road, including:

· full road construction from Cargo Road, between the new intersection and development site access

· half road construction for the full frontage of the development site between the site access and northern boundary.

The conditions of the Development Engineer are included on the attached Notice of Approval.

The required intersection and proposed new road will be designed and constructed consistent with RMS and Council standards.

Traffic Generation

Based on the nature of the proposed landuse, an increase in local traffic levels is anticipated. Indeed, the proposal comprises ‘traffic generating development’ pursuant to SEPP Infrastructure 2007. Traffic associated with the development will generally comprise passenger cars. Peak traffic generation will occur during church service arrival and departure on Sunday morning and afternoon.

A Traffic and Parking Assessment has been submitted in support of the proposal (Geolyse October 2017). The assessment evaluated the traffic generation potential of the development and the associated impact on the surrounding road network. The assessment concluded:

“The greatest percentage increase in annual average daily traffic (AADT) following the development occurs on Cargo Road east of the site with an increase in traffic volume of approximately 131% and 142% for the eastbound and westbound lands respectively.

Notwithstanding the significant increase in peak hour traffic volumes on Cargo Road, the overall impact of the additional traffic generated by the proposed development on the surrounding road network is limited, and the classification of the surrounding roads will not change following the development of the site. The increase in traffic volumes is capable of being dispersed and absorbed into the surrounding road network with minor impact on the existing traffic facilities.

Analysis of the proposed new intersection of Cargo Road and the new access road indicated the intersection will operate at Level of Service A under post development traffic loadings.”

The Traffic and Parking Assessment provided numerous recommendations to manage traffic generated by the development including the proposed Cargo Road intersection; proposed new access road at the western frontage of the site; and requirements for site access and onsite car parking. Council’s Development Engineer concurred with the findings and recommendations of the Traffic and Parking Assessment. Relevant conditions are included on the attached Notice of Approval.

As the proposal comprises traffic generating development, pursuant to SEPP Infrastructure 2007, RMS consideration of the proposal is required. RMS raised no objection to the proposal on traffic generation grounds, subject to conditions which require:

· adequate turning circles, storage room and vertical clearances being provided onsite, for the largest vehicle that will attend the site during construction and operation

· all un/loading activities being undertaken in a dedicated area

· outdoor signage be consistent with Transport Corridor Outdoor Advertising and Signage Guidelines (NSW Department of Planning and Environment 2017).

· access standards for the new intersection.

RMS conditions are included on the attached Notice of Approval.

Road Connections

The foregoing access arrangements are consistent with the Conceptual Subdivision Layout for Area 3 Ploughmans Valley, pursuant to DCP 2004. The proposed road will facilitate future road connections to adjoining land.

Internal Vehicle Areas

Internal vehicle areas are considered functional to achieve appropriate sight lines, on-site passing and forward-direction site ingress and egress.

Public Domain

The proposed development will have nil impact on the provision of open space/recreational opportunities in the locality pursuant to the Conceptual Subdivision Layout for Area 3 Ploughmans Valley.

Environmental Impacts

Water

The subject land contains a Sensitive Waterway as prescribed in Orange LEP 2011. Ploughmans Creek is located in the eastern portion of the land, adjacent to Ploughmans Lane. DPI Water has issued general terms of approval for development within 40m of the Ploughmans Creek, including erosion and sediment controls during construction; and rehabilitation and maintenance of land adjacent the waterway post‑development.

Building siting, stormwater management and construction measures will avoid risks to the adjacent watercourse. Relevant conditions from DPI Water and Council’s Development Engineer are included on the attached Notice of Approval.

Flora and Fauna

The proposed development will necessitate removal of radiata pine trees over the site and within the adjoining western road reserve. Pursuant to the NSW National Parks and Wildlife Service: Atlas of NSW Wildlife, the locality does not contain threatened species of flora or fauna. As such, the development is not likely to have a significant effect on threatened species, populations or ecological communities, or their habitats.

Based on their established nature, the radiata pine trees may contain protected fauna, such as Common Eastern Froglet, Australian Magpie, Galah, and Brushtail Possum. The habitat of the majority of these species is known to be timbered/woodland and usually near water. It is therefore recommended that the existing native trees be retained where possible to provide habitat for the foregoing protected fauna. Replacement plantings will, in time, provide additional habitat for local fauna.

Residential Amenity

As outlined previously, impacts of the development on the amenity of the adjoining northern dwelling (in terms of acoustic privacy, visual privacy, solar access and visual bulk) are considered to be within reasonable limit, subject to mitigation conditions. On-street and onsite vehicle movements associated with the development will be removed from the adjoining northern dwelling. New site access will be located to the south of the site, with internal vehicle areas located in the centre and south of the site. The existing dwelling (church office conversion) and vegetation in the northern portion of the site will assist to provide a buffer screen.

Social and Economic Impacts

The proposed development has the potential to generate positive social and economic impacts as follows:

· The development will provide a purpose-built facility for religious workshop and associated activities for an existing community organisation;

· The development will not compromise existing way of life, culture or community cohesion for the local community; and

· The proposal will result in investment in the local economy, and generate employment opportunities during construction.

Waste Management

The proposed development will be serviced by Council’s kerbside collections. The development will be connected to Council’s reticulated sewer. Green waste associated with vegetation removal will be reused onsite.

Crime Prevention

As addressed previously, the proposed site layout and building design is considered suitable in terms of surveillance, territorial enforcement, access control and space management.

Construction

Conditions are included in the attached Notice of Approval to minimise construction impacts on adjoining dwellings and the public domain, including but not limited to hours of operation, erosion control measures, works to cease if relics are located, etc.

Cumulative Impacts

The proposal is considered to be satisfactory in terms of cumulative impact. The proposed development will satisfactorily complement the neighbourhood character in respect of built form and landuse. The development will not adversely impact on residential amenity for adjoining dwellings in terms of acoustic privacy, visual privacy, solar access and visual bulk. The proposed development will have nil impact on the provision of open space / recreational opportunities in the Ploughmans Valley locality. The development will have positive social and economic impacts.

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

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

· places of public worship are a permitted landuse in the R2 zone

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

· the subject land is flood liable; however the proposed development will be wholly located outside of the affected area

· access will be provided to the development site via a new intersection on Cargo Road and new public road

· onsite vehicle areas (internal roads and car parking) will be provided

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

· there is no known contamination on the land

· all utility services are available and adequate subject to augmentation

· the subject land has no particular biodiversity value

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

· the site contains a sensitive waterway, however conditions in relation to building siting, stormwater management and construction measures will avoid risks to the watercourse.

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

The proposed development is defined as "advertised development" pursuant to DCP 2004‑5.3. The application was advertised for the prescribed period, and at the end of that period two (2) submissions had been received. The issues raised in the submissions are considered below.

Submission 1

Operating Hours- concerned about late operating hours.

Comment: The following hours of operation are considered fair and reasonable for a non-residential and complementary landuse in a residential neighbourhood:

8am to 7pm Monday to Thursday

8am to 10pm Friday and Saturday

9am to 7pm Sunday.

It is recommended that Council adopt the proposed hours of operation to protect the residential amenity of the locality. A condition is included on the attached Notice of Approval to this effect.

External lighting and lights from cars will cause light spill for the adjoining northern dwelling

Comment: The existing dwelling (converted church office) and vegetation will provide some screening of external lighting and lights from cars affecting the adjoining northern dwelling. In order to provide additional protection, a condition is included on the attached Notice of Approval requiring hard and soft landscaping treatment including earth mounding be provided to the northern end of the internal vehicle areas.

Outside congregation should not occur adjacent to the adjoining northern dwelling

Comment: A condition is included on the attached Notice of Approval to this effect.

Use of the Ploughmans Lane access

Comment: Access to the land is proposed via a new road to the west of the development site, with deletion of the existing access driveway via Ploughmans Lane. The existing access comprises a shared right of way with the adjoining land to the north (see below).

Figure – shared access - 241 and 243 Ploughmans Lane

The proponent advises that access works and earthworks to prepare the site will be completed as a first stage of the development. Consequently, construction access to the site may not be required via Ploughmans Lane. Notwithstanding this, the subject land has legal access via the right of way, any may be legally used during construction. Any potential damage to the right of way during construction works would be a civil matter between the parties.

Once operational, access to the proposed place of public worship will be via the new road to the west, and the existing Ploughmans Lane access will be deleted / redundant. Conditions are included on the attached Notice of Approval that access to the site via Ploughmans Lane is prohibited, excepting for the purposes of a dwelling; furthermore, at the completion of construction all access to the site will be via the new road.

No congregating on site prior to completion of the development

Comment: A condition is included on the attached Notice of Approval to this effect.

Car parking lighting will cause nuisance glare for adjoining properties

Comment: Conditions are included on the attached Notice of Approval requiring external lighting for the site be designed and installed in compliance with AS 4282-1997 Control of the obtrusive effects of outdoor lighting; further, that external lighting is not to exceed approved hours of operation.

Submission 2

Traffic generated by the development will adversely impact on local road conditions and cause traffic congestion

Comment: As outlined in this report, the overall impact of the additional traffic generated by the proposed development on the surrounding road network has been assessed as limited, and the classification of the surrounding roads will not change following the development of the site. The increase in traffic volumes associated with the development is capable of being dispersed and absorbed into the surrounding road network with minor impact on the existing traffic facilities. The proposed Cargo Road intersection, new road to the west of the site, and upgrading of Cargo Road will assist to manage traffic generation associated with the development.

The development will have unreasonable noise impacts

Comment: As outlined in this report, a Noise Impact Assessment was submitted in support of the proposal (Guz Box Design + Audio March 2017). The assessment concludes that the development will satisfy the requirements of the NSW Industrial Noise Policy; furthermore, noise impacts will not adversely affect the surrounding residential areas. Conditions are included on the attached Notice of Approval to manage noise impacts including hours of operation, and restrictions of emitted noise levels (not to exceed 5dB(A) above background sound levels).

The development will adverse impact on property values

Comment: This matter is not a valid consideration in the assessment of a development application.

PUBLIC INTEREST s4.15(1)(e)

The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment.

SUMMARY

COMMENTS

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

Attachments

1 Notice of Approval, NA18/236 ⇩

2 Plans, D18/19279 ⇩

3 Submissions, D18/19307 ⇩

Planning and Development Committee 1 May 2018

2.4 Development Application DA 405/2017(1) - 241 Ploughmans Lane

Attachment 1 Notice of Approval

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 405/2017(1)

NA18/236 Container PR10141

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Orange Evangelical Church Incorporated
Applicant Address:	C/- Geolyse PO Box 1963 ORANGE NSW 2800
Owner’s Name:	Orange Evangelical Church Incorporated
Land to Be Developed:	Lot 9 DP 746439 - 241 Ploughmans Lane, Orange
Proposed Development:	Place of Public Worship and Business Indentification Sign

Building Code of Australia building classification:	To be determined by certifier (Class 9b)

Determination made under Section 4.16
Made On:	1 May 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	2 May 2018
Consent to Lapse On:	2 May 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 minimise the impact of development on the environment.

Conditions

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

(a) Drawings by Geolyse. Project No. 216145, Set 02E. Sheets A002, A003, A004, A005, A006, A007, A008, C001 (8 sheets)

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

(c) General Terms of Approval issued by the Department of Primary Industries (Water) (Reference Number IDAS1103024) (attached).

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(4) A Controlled Activity Approval under the Water Management Act 2000 shall be obtained from NSW Department of Primary Industries (Water) and submitted to Council prior to issue of a construction certificate.

(5) Full details of external colours and finishes of external materials shall be submitted to and approved by Council’s Manager Development Assessments prior to issue of a Construction Certificate.

(6) Full details of proposed perimeter fencing shall be submitted to and approved by Council’s Manager Development Assessments prior to issue of a Construction Certificate. Fencing shall be consistent with the Guidelines for Fences and Walls in Ploughmans Valley, pursuant to Orange Development Control Plan 2004 (PO7.7-5).

(7) A detailed landscape plan, compiled by a suitably qualified landscape architect shall be submitted for approval of Council’s Manager City Presentation prior to issue of a Construction Certificate. The landscape plan shall incorporate the following particulars:

· A detailed plant schedule identifying low maintenance ground covers through to specimen trees with mature height commensurate to the building

· Plantings to the site perimeter

· Plantings to the Cargo Road frontage consistent with Guidelines for Setbacks in Ploughmans Valley, pursuant to Orange Development Control Plan 2004 (PO7.7-4).

· Plantings to onsite car parking areas, particularly the most-western carpark at the site frontage to the new road

· Hard and soft landscaping including earth mounding to the northern end of each parking area

(8) The fitout of the food preparation and storage areas are to be installed in accordance with the requirements of Australian Standard 4674-2004 “Design and construction and fit-out of food premises” and Standard 3.2.3 “Food Premises and Equipment” of the Australian New Zealand Food Standards Code. Prior to the issue of the Construction Certificate, details of the fit-out of the kitchen are to be submitted to Council/accredited certifier for approval.

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

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

(11) 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.

(12) 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

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

(13) 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.

(14) Stormwater from the site is to be piped to the adjacent watercourse, where it is to be discharged through a standard headwall with appropriate scour protection, or alternatively into Councils piped stormwater drainage system on Cargo Road. Engineering plans of this required drainage system are to be approved by Orange City Council or by an Accredited Certifier (Categories B1, C3, C4, C6).

(15) A 150mm-diameter sewer main 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.

(16) 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.

(17) 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 3 ETs for water supply headworks and 4 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

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

(18) 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 Environmental Noise Assessment Report by Guz Box Design + Audio Report dated 29 March 2017 and the NSW Noise Policy for Industry.

(19) Plans of the development shall be amended to include the design, construction and operation requirements recommended within the Environmental Noise Assessment Report by Guz Box Design + Audio Report dated 29 March 2017.

PRIOR TO WORKS COMMENCING

(20) 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.

(21) 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.

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

DURING CONSTRUCTION/SITEWORKS

(23) 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.

(24) Clean fill shall be utilised for all site earthworks.

(25) 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.

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

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

(28) 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.

(29) The fit-out of the food preparation and storage areas are to be installed in accordance with the requirements of Food Safety Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code and Australian Standard 4674-2004 "Design and construction and fit-out of food premises".

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

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

(32) A road is to be constructed from Cargo Road to the proposed entrance to the development. Construction work is to be to full urban road standard (9.0m wide kerb face to kerb face) in accordance with the Orange City Council Development and Subdivision Code.

(33) Half road width is to be constructed for the full frontage of the proposed development immediately north of the access driveway into the carpark. This work is to include road pavement and pavement surfacing to the centreline, kerb and gutter construction and earth-formed footpath on the development side of the road. Boxing out and pavement construction of the roadway on the opposite side of the development is to also be carried out.

(34) The existing residence is to be connected to the proposed reticulated sewer. The contents of the existing septic tank are to be removed by a licensed contractor for disposal into Council’s sewer system. The septic tank is to be excavated and disposed of at a licensed landfill and the absorption trench is to be drained and the voids limed and backfilled with clean compacted material.

Evidence of such work is to be provided to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.

(35) The following Roads and Maritime Services conditions are to be satisfied as part of the development:

· Prior to the issuance of an occupation certificate, a Channelised Right (CHR) turn treatment in accordance with Austroads Guide to Road Design, is to be provided in Cargo Road (MR237) at its intersection with the proposed public road. The intersection works are to be designed and constructed for a 60km/h speed zone and be able to accommodate the largest vehicle accessing the intersection.

· Safe Intersection Sight Distance (SISD) requirements outlined in Austroads Guide to Road Design Part 4A and relevant Roads and Maritime supplements is to be provided in both directions at the vehicular access point servicing the proposed development and at the intersection of the proposed public road and Cargo Road.

· No direct access to the site from Cargo Road is permitted.

· Adequate turning circles, storage room and vertical clearances are to be provided in the site for the largest type of vehicle that will visit the site during construction and operation.

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

· Outdoor 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.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(36) Onsite vehicle parking shall be provided on the land consistent with the approved plan, and in accordance with Council’s Development and Subdivision Code, prior to issue of an occupation certificate.

(37) Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

(38) Perimeter fencing shall be established on the land consistent with the approved plan.

(39) External colours and finishes for the completed building shall be consistent with the approved schedule.

(40) There shall be no congregations on the site, prior to issue of an occupation certificate.

(41) Occupation certificate/s for the development may be issued prior to completion of filling works of the dam at the Ploughmans Lane frontage. A temporary fence shall be installed and maintained to the dam perimeter until filling works are completed to the satisfaction of Council’s Manager Development Assessments. Fencing details shall be consistent with approved perimeter fencing.

(42) 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.

(43) 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.

(44) 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.

(45) 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.

(46) 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.

(47) 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.

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(49) 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.

(50) The hours of operation of the development shall not exceed the following, without the prior approval of Council:

- 8am to 7pm Monday to Thursday

- 8am to 10pm Friday and Saturday

- 9am to 7pm Sunday.

Illumination of the building and parking areas shall not occur outside of the approved hours of operation.

(51) The kitchen and break-out space / café shall be ancillary to the place of public worship. Further development consent is required for separate commercial use of the kitchen and break-out space / café.

(52) Outdoor lighting shall be sited and designed to comply with Australian Standard 4282-1997 Control of the obtrusive effects of outdoor lighting. Ancillary light fittings installed to the exterior of the buildings and within the parking areas shall be shielded or mounted in a position to minimise glare to adjoining properties.

(53) Worship and pastoral activities shall be wholly located within the approved buildings and outdoor play areas. Congregational activities shall not occur on the northern side of the administration building.

(54) The approved pylon sign shall have a maximum height of 2m, with signage panels to be of suitable proportions.

Advertising content to the pylon sign shall comprise “business identification” as defined in Orange Local Environmental Plan 2011:

‘Business identification sign’ means a sign:

(a) that indicates:

(i) the name of the person or business, and

(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and

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

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

The approved pylon sign shall be consistent with Transport Corridor Outdoor Advertising and Signage Guidelines (NSW Department of Environment and Planning 2017) (refer conditions from Roads and Maritime Services).

Illumination of the approved pylon sign is not permitted.

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

(56) Site access via Ploughmans Lane is prohibited, other than in conjunction with a dwelling. All access to the site associated with the development shall be via the new road.

(57) Amplifiers shall not to be used outside of the building at any time.

(58) Conditions from Roads and Maritime Services:

1. Adequate turning circles, storage room and vertical clearances are to be provided on the site for the largest type of vehicle that will visit the site during construction and operation.

2. All activities including loading and unloading of good associated with the development are to be carried out onsite in the dedicated areas.

3. Outdoor 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.

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

(60) 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.

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.

The development shall be carried out in accordance with the General Terms of Approval issued by the Department of Primary Industries (Water) (Reference Number IDAS1103024) (attached).

Right of Appeal

*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:

2 May 2018

Planning and Development Committee 1 May 2018

2.5 Development Application DA 56/2018(1) - 5 William Maker Drive

RECORD NUMBER: 2018/704

AUTHOR: Michael Glenn, Senior Planner

EXECUTIVE Summary

Application lodged	22 February 2018
Applicant/s	Landorange Partnership
Owner	Mr BJ Hutchinson
Land description	Lot 44 DP 1116123 - 5 William Maker Drive, Orange
Proposed land use	Subdivision (16 lot residential) (2 stage)
Value of proposed development	Not Applicable

Council's consent is sought to subdivide land described as Lot 44 DP 1116123 – 5 William Maker Drive, Orange. The application seeks to subdivide the aforementioned land into 16 residential lots comprising a range of lot sizes varying from 654m²up to 4,492m². The site is constrained by native vegetation located at the western end of the property. This area is classified as Box Gum Grassy Woodland (BGGW) Endangered Ecological Community (EEC), with clear linkages to more substantial BGGW remnants more to the west of the site. This classification of vegetation alliance is fully protected under the Threatened Species Conservation Act and subject to full protection under the threatened species guidelines.

It is noted that the application was lodged prior to the relevant date of the commencement of the new Biodiversity Conservation Act 2017. The assessment of significance for this application is carried out in accordance with the procedures and legislation in place prior to the current provisions taking effect. The guidelines, recovery plans and OEH Scientific Committee determination for this vegetation type remain unchanged.

The application in its current configuration (which has been amended to respond to biodiversity conservation issues) is generally satisfactory, but will require conditions to mitigate the effects of the development and help ensure ongoing survival of the urban bushland on the site. The applicant in his discussions has indicated general agreement to those conditions.

It is necessary to refer the subject application to the Planning and Development Committee for determination as the proposed subdivision is not consistent with the applicable masterplan for the site and the number of lots exceeds ten lots. A detailed assessment of the proposal has been undertaken in the body of this report. A Section 4.15 evaluation of the application has been undertaken and the application is recommended for approval, subject to conditions.

Figure 1 – Locality Plan

RECENT LEGISLATIVE CHANGES

DECISION FRAMEWORK

Director’s Comment - the subject land was not included in the North Orange masterplan when it was originally rezoned for residential development. This land was left out in the initial master planning of this locality due in part to servicing constraints associated with the land which have since been resolved, and the fact that the land contained in part patches of significant vegetation. Whilst it would have been ideal to have a DCP concept in place for this particular precinct following resolution of servicing constraints before allowing development, it is not a mandatory requirement to have a DCP to consider such development. Council recently granted development at 1 William Maker Drive under the same circumstances. A detailed assessment of relevant matters for the subdivision (including servicing arrangements, access, connectivity and vegetation) have been undertaken in the assessment of the development application. The evaluation of the application indicates that the development concept is acceptable in this case.

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 56/2018(1) for Subdivision (16 lot residential) (2 stage) at Lot 44 DP 1116123 - 5 William Maker Drive, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

Council’s consent is sought for a 16 lot residential subdivision of the subject property. The proposed lots range in sizes varying from 654m²up to 4,492m². The proposed subdivision includes provision for a cul-de-sac to be constructed from Stevenson Way to provide access to the proposed lots. Proposed lots 401, 402 and 403 will have direct access from Stevenson Way.

The proposed subdivision is to be completed in two stages with Stage 1 to create proposed Lots 400 and 401, and Stage 2 to create proposed Lots 402 to 416 (Figures 2 and 3). Part of the lots created in Stage 1 would be reconfigured so as to create a separate allotment in Stage 2. This is unusual but not prohibited.

Building envelopes are proposed for Lots 414, 415 and 416 as these lots have BGGW threatened EECs located on them. The intent of the building envelopes is to limit the level of disturbance and loss within the EEC.

Figure 2: proposed Stage 1

Figure 3: proposed Stage 2

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

Part 5A is applicable as a pre-determination test and is applied as a seven part test (as set out in the Act). It is applicable to all applications, but the test of significance, ie whether or not the proposed development is likely to have significant adverse effect, is only of tangible effect in the context of likely impacts on Threatened Species or on listed EECs. If no threatened species or EEC is present on a site, the Assessment of Significance is of no practical relevance to the assessment. In the case of EECs, if such areas are protected it can be assumed that impacts on threatened species associated with such EECs are also adequately protected.

In this case the bushland extant on proposed Lots 414, 415 and 416 contain elements of viable and survivable tree canopies for the EEC type listed in the OEH wildlife atlas as White Box Yellow Box Blakely’s Red Gum Woodland (commonly referred to as Box-Gum Woodland). This is an open woodland community (sometimes occurring as a forest formation), in which the most obvious species are one or more of the following: Apple Box Eucalyptus bridgesiana, White Box Eucalyptus albens, Yellow Box E. melliodora and Blakely's Red Gum E. blakelyi. Ground covers are integral to the EEC, but in the context of locally occurring BGGW, bushland that retains either the tree canopy or the ground covers, or some degraded combination of both elements is considered a BGGW for the purposes of classification. The example occurring on the subject site has consistent elements of BGGW EEC present on the site, albeit in a degraded state.

The bushland on the lots other than Lots 414, 415 and 416, whilst native (in part) are not consistent with BGGW EEC though the maturity and species type do suggest some biodiversity value and supporting importance to the continued survival and viability to the classified EEC further to the west. There are no observed threatened species, nesting places or food sources in these areas that suggest a need for a more rigorous application of the Assessment of Significance for these lots.

There is little or no native ground cover left on the site. Some of the trees contained on these blocks are in poor health or are of poor structure, or are diseased or dying. However a number are in good health and structure and should be considered as viable elements of the larger biomass to which they enjoy a high level of connectivity.

OEH have advised that BGGW areas are in acute decline. Any loss from these areas should be considered as significant. In situations where losses are unavoidable Council has the option to refuse the application or seek suitable offsets, recovery mechanisms (even in the local sense) and/or compensations within the application. It does not have the legal authority to approve applications where there is a significant impact likely to arise, and where such impacts remain unaddressed.

Why the Conservation of Old Growth BGGW is important

The old growth components of a BGGW provide the skeletal framework for threatened species to live, feed and breed, and importantly tend to act as the most prolific seed banking components of the EEC, as well as providing the best opportunities for nesting and forest floor litter, all of which are important structural elements of the EEC. The other elements of a BGGW (the mid-storey juvenile trees and the understorey grasses) are also important but it is the trees that most people identify with the “bush”.

Assessment of tree Losses

The submitted plan indicates that 88 trees are extant on the site. There are 37 trees located in the unprotected area and 51 trees are located in the EEC areas of the site. Of the 88 trees, it is proposed to remove or effectively cause the removal of 54 trees from the site (all of the 37 unprotected trees and 11 of the EEC trees, with a further 6 considered to be at a high risk due mainly to their proximity to the designated building envelopes. It will be virtually impossible to save these marginal trees once the building envelopes are prepared and the hydrology surrounding these trees is significantly changed. It will not be possible to protect the marginal trees as specified in the relevant Australian standard (AS4790). It is appropriate to assume the loss of the marginal trees.

Unquestionably, if left as a total loss the removal of this many trees without replacement should be considered a significant impact. However, the applicant has agreed in principal to the planting and nurturing of replacements for those trees to be removed. Mitigation is therefore possible and may be considered as part of the application given the applicants agreement in principal to that concept.

Whilst not all the trees are within a designated EEC area, most, if not all the trees on the site have some level of positive contribution to the viability of the EEC vegetation. Even the dying trees are part of the EEC’s life cycle and if left to natural fates would provide significant ground litter and protection to the forest floor after they die. It is considered essential that in order to achieve a neutral effect from the development on the biodiversity of the site, a replacement planting regime at the rates specified in the National Recovery Plans for BGGW vegetation (between 2:1 and 5:1 replacement rates, depending on the relative value of the vegetation to be removed) is appropriate for those trees to be removed from the BGGW and 1:1 for those trees to be removed that are outside the EEC. In terms of spacing the vegetation outside the designated EEC (comprising a loss of 37 trees, could be replaced at virtually any density, but the trees to be removed from the EEC vegetation should be replaced with spacing consistent with the National Recovery Plan Guidelines (generally 1 tree per 35m²).

Recommended Conditions

[Prior to works commencing]

· This consent approves the removal of the trees numbered as follows on the approved plans; 1, 3, 4, 5, 14, 16, 36, 37, 38, 39, 40, 41, 44, 45, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89. All other numbered trees on the approved plans are to be conserved and protected in accordance with the provisions of AS 4970 – 2009 – Protection Of Trees On Development sites except as modified by this consent.

· All trees that are not shown as approved for removal under this consent shall be fully protected in accordance with the requirements of AS4970-2009 (protection of trees). Protective fencing is required to be erected around these trees at a minimum distance of 5m from the base of the trees, and retained in place until the issue of the subdivision certificate.

Trenching or earthworks carried out on the site within a 7m radius of the protected trees shall be supervised by an arborist engaged by the contractor or applicant. The arborist shall provide instructions to the contractor as to whether such excavation work can be undertaken at no risk to the long term health and stability of the tree in question. Written certification is required to be forwarded to Council prior to the issue of a subdivision certificate that the arborist was on site and his advice observed at the time such work was undertaken. The arborist is required to certify that the protected trees are healthy and stable at the completion of the subdivision works.

· A detailed landscaping plan is required to be submitted providing replacement trees for those to be removed from Lots 414-416 as follows:

- Apple Box Eucalyptus bridgesiana: minimum 26 healthy species

- Yellow Box E. melliodora: minimum 4 healthy species

- White Box Eucalyptus albens, and/or Blakely's Red Gum E. blakelyi: minimum 6 healthy species.

These listed trees shall be spaced at minimum intervals of 35m² per specimen, requiring a total landscaped area of 1260m² over the western parts of Lots 414, 415 and 416 contiguous to the EEC located to the west of the site. The area calculations do not include areas around existing EEC trees that are also required to be retained with adequate spacing.

These replacements are required to replace those trees to be removed from the EEC vegetation contained within the existing Box Gum Grassy Woodland located on Lots 414-416.

· A further detailed landscaping plan is required providing replacement trees for the non EEC trees to be removed from the site, being all trees except those located on future Lots 414-416).

A minimum of 37 replacement trees are required. The species selection shall be of types reinforcing of the Box Gum Grassy Woodland areas at the western end of the site. Such landscaping may be located within the verge areas of the roads network, but such species as are proposed must receive prior approval from Council’s Manager City Presentation.

[Prior to the issue of a subdivision certificate]

· A Restriction-as-to-User under Section 88b of the NSW Conveyancing Act 1979 shall be placed on the titles of proposed Lots 414, 415 and 416 specifying that all buildings shall be limited to within the designated building envelopes, and further prohibiting construction of any structure within a 4m radius of the protected trees on these sites, except with the further approval of Council. The location of the building envelopes and TPZs shall be in accordance with the stamped approved plan. The Restriction-as-to-User under Section 88b of the NSW Conveyancing Act 1979 shall also provide for the retention of those trees not specifically identified for removal (and including all replacement trees specified elsewhere in this consent), except with the prior approval of Council.

· Landscaping Plans required under this consent are required to be fully implemented to the satisfaction of the Manager Development Assessments. All required landscaping must have been in good health and well established prior to the release of the Subdivision Certificate.

· Landscape plantings are required to be maintained with respect to weed control, and watering as well as replacement of any dying or damaged stock for a minimum period of two years after release of the Subdivision Certificate or until all lots have been sold and Council is satisfied that the trees are well established.

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,

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

The application is considered to be consistent with aims (a) and (e).

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 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:	High 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.

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

Figure 4 – easements

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.

The land is subject to water and sewer easements as shown in Figure 4. The proposed development will not have any tangible effect on the functionality of those water and sewer easements.

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 R1 General Residential zone. The proposed development is defined as subdivision of land under OLEP 2011. Pursuant to Section 4B of the Environmental Planning and Assessment Act, subdivision of land means:

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

Subdivision of land is permissible with the consent of Council in the R1 General Residential zone.

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned R1 General Residential are as follows:

1 - Objectives of the R1 General Residential Zone

· To provide for the housing needs of the community.

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

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

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

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

The development is not inconsistent with the objectives of the R1 General Residential zone. The new residential lots will add to the available stock of residential land within the City and provide a range of lot sizes. No non-residential land uses are proposed at this stage. A range of non-residential land uses could occur once the subdivision has been completed. Conditions are attached in relation to footpaths and cycle ways which will connect to the existing footpath and cycle way network within the Waratahs area and beyond. The development will have a nil effect on the Southern Feeder Road.

Clause 2.6 - Subdivision - Consent Requirements

This clause triggers the need for development consent for the subdivision of land, which the applicant has applied for.

Part 7 - Additional Local Provisions

7.1 - Earthworks

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

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

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

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

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

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

(f) the likelihood of disturbing relics

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

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

The earthworks proposed in the application are limited to the extent required to facilitate the constructions of the subdivision. The extent of disruption to the drainage of the site is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways.

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

The site is not known to be contaminated, however conditions are attached that require chemical residue testing to ensure that the land is suitable for residential development. Excavated materials will be reused onsite as far as possible and conditions are imposed that require surplus materials to be disposed of to an appropriate destination.

The earthworks will be appropriately supported onsite and the change in ground level is not substantial. Therefore the effect on the amenity of adjoining properties is considered to be minor.

The 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. However, conditions are imposed to ensure that should site works uncover a potential 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.

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 Technical Services Division advises that the applicant will be required to contribute to the provision of an off-site stormwater system for the development.

7.4 - Terrestrial Biodiversity

This clause seeks to maintain terrestrial biodiversity and requires that consent must not be issued unless the application demonstrates whether or not the proposal:

(a) is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land

(b) is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna

(c) has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(d) is likely to have any adverse impact on the habitat elements providing connectivity on the land.

Additionally, this clause prevents consent being 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, or

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

The proposal is located on land that has been identified on the Terrestrial Biodiversity Map as partially comprising “High Biodiversity Sensitivity” land (see below) – Environmentally Sensitive Areas (ESAs). The subject site was inspected on 22 February 2018 and the area of sensitivity was found to be significant and largely consistent with the LEP map layer. With many native trees proposed or required, or likely to be lost during the development process, the proposed development can only be shown to be neutral in its effect. If harm minimisation and recovery actions are accepted and implemented no significant impact arises.

The mapped area shows that the sensitive area extends from the north of the site (see image below).

Figure 5 - extent of Mapped High Biodiversity - OLEP 2011 High Biodiversity Map

The ESA mapping used in Council’s LEP is based on a dataset provided by the Catchment Management Authority (CMA), and was a mapping tool intended for use at a regional planning scale. It was an electronic data source, with data collection mostly based on satellite imagery and spectral analysis undertaken by the CMA. This explains the heavy pixilation of the mapping. Despite these obvious shortcomings, in this case the Bio sensitive mapping is a reasonably accurate spatial representation of what parts of the locality are constrained by high biodiversity sensitivity.

The LEP bio sensitivity mapping is a reflection of sensitive values for all native species, not just threatened species and EECs, as is applicable to the Part 5A assessment of significance. In this case the mapping contained in the LEP gives some credence to the need to offset the vegetation losses that will occur outside the defined BGGW areas at the western end of the site. As previously discussed, conditions are included to address these more general vegetation losses.

With regard to the impacts on those areas that by their nature are defined as BGGW, the preceding Section 5A assessment already completed and discussed in this report includes a condition that acknowledges that the vegetation losses are potentially significant, but can be offset by harm minimisation and recovery actions to which the applicant is agreeable.

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.

Clause 7.11 - Essential Services

Clause 7.11 applies and states:

(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.

In consideration of this clause, all utility services are available, or can be made available to the proposed lots.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 Remediation of Land

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

A search of records indicates that the subject property has existed as a 2ha rural residential property since at least 1990. Prior to that, since at least July 1920, records show that land has existed as a 5ha hobby farm. A site inspection confirms that there are no signs of the site having been used for intensive plant agriculture, no signs of sheep dips or spray drum disposal on the site. On this basis, the risks from contamination are considered to be minimal.

However, notwithstanding the above assessment it is recommended that a condition be attached to the Notice of Determination requiring soil sampling for analysing chemical residue to be undertaken for the residential allotments in a manner and frequency as determined by an appropriately qualified and experienced consultant giving consideration to specific uses and onsite characteristics of the site. The results of the testing will be required to be provided to the Principal Certifying Authority and are to demonstrate that the land is suitable for residential use to enable the Subdivision Certificate to be released.

State Environmental Planning Policy (Infrastructure) 2008

Referral of the application to the electricity provider is required as the site on which the proposed development is to be carried out is adjacent a power transmission line along the property frontage.

By email communication the energy provider has responded in the following terms:

We refer to Council’s correspondence seeking comment from Essential Energy in relation to the proposed development at the above property. Strictly based on the documents submitted, Essential Energy has no comments to make as to potential safety risks arising from the proposed development. Essential Energy makes the following general comments:

· As part of the subdivision, an easement/s is/are created for any existing electrical infrastructure. The easement/s is/are to be created using Essential Energy’s standard easement terms current at the time of registration of the plan of subdivision

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

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

· Council should ensure that a Notification of Arrangement (confirming satisfactory arrangements have been made for the provision of power) is issued by Essential Energy with respect to all proposed lots which will form part of the subdivision, prior to Council releasing the Subdivision Certificate. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions

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

These requirements have been included as either conditions of consent or as advisory notes in the consent, depending on the specificity of the issue raised.

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

There are no draft EPI that apply to the subject land or proposed development.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated 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 (Part 7). 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 subject property was zoned Residential 2(a) under LEP 2000, and with the adoption of LEP 2011 the subject property was classified as R1 General Residential, which is the nearest equivalent zoning to the previous land classification. It is noted that a masterplan for the subdivision of this land forms part of the DCP provisions. It is appropriate to apply such parts of Chapter 7 of the DCP as are applicable to the subdivision in the assessment. Additionally, the general provisions of Chapters 2 (Natural Resource Management) and 3 (General Considerations) have relevance with respect to cumulative impacts and scenic landscape issues.

Waratahs Masterplan

The DCP has a masterplan for the Waratahs precinct, of which the subject property is a part. The masterplan for the subject property is as follows:

Figure 6 - Waratahs Masterplan (from DCP 2004)

The areas shown in yellow are non-urban land zoned E4. The blue areas shown on the plan are stormwater detention basins. The green areas are the elements of open space. The white areas are allocated to residential development. The grey area, whilst zoned residential, has not had any conceptual master planning undertaken for that part of the site (as well as adjoining sites). The reason for the omission appears to relate to the fall of the land, which falls to the west rather than the south east, making stormwater and sewer reticulation harder to provide. It could be interpreted as meaning the intention of the DCP was to allow no subdivision in these areas, however this would render the DCP inconsistent with the general principals of the LEP as is applicable to general residential development, and render the DCP less relevant to the assessment as a matter for consideration. A DCP must be generally consistent with the LEP that relates to it from which it derives its statutory weight. Lots of 2ha or larger would generally be considered to be inconsistent with zone objectives for the R1 zone.

The masterplan is useful conceptually, particularly with respect to the amounts of open space planned for, as well the general roads and subdivision layout. It is a matter for consideration in the planning assessment of the proposal. The masterplan is based on Urban Design Advisory Service (UDAS) principals. These principals are published by the Division of Planning and set out best practice design principals for the design of new subdivisions and settlements.

As indicated above, the masterplan was left uncompleted for the western part of the site. At the time of the development of the DCP, it was considered infeasible to provide water, sewer and stormwater reticulation, because of the slope and topography of this site. Later, after the DCP was adopted, this area was also shown to be environmentally sensitive because of the biodiversity value of this part of the site. Both of these constraints should not be considered insurmountable, acting as a total barrier to development for residential purposes. The applicant's submission substantially addresses these site constraints satisfactorily. Council’s Technical Services Division has advised that the previously identified constraints in terms of servicing have been resolved in the proposed design and that no objection is raised. Conditions of consent are attached to address these issues.

Council has recently granted development consent for the property to the immediate north and for land located further south of the subject land that fall within the same category. The identified constraints have been properly considered and addressed in the determination of those applications. The subject development remains consistent with the outcomes approved on these adjoining properties and is therefore considered to be acceptable. One remaining property to the immediate south of the subject land has not been the subject of a development application at this time. The proposed concept provides adequate arrangements for access to this land in the future.

Part 2 - Natural Resource Management

The DCP states:

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. Erosion appears to be particularly prevalent within the “North Orange” red earth soil types.

Urban stormwater has also been identified as a significant source of water pollutants. Uncontrolled stormwater flows from urban development has the potential to contribute to downstream impacts, including periodic flooding, erosion, sedimentation and reduced in‑stream water quality.

It is noted that in this case there is no direct access by the development to natural waterways.

Part 3 - General Considerations

The applicant has responded to the site constraints in a way generally satisfactory to environmental issues affecting this site. The issues of slope, character and native vegetation have been generally responded to co-operatively by the applicant.

With regard to cumulative impacts, the DCP requires that applicants demonstrate how the development relates to the existing character of the locality. In this instance there is a mixed character for the locality. To the west there is E4 land with a minimum lot size of 10ha and very limited opportunity for further development. To the north, east and south the land is zoned for residential purposes.

There are significant vegetation remnants evident in the locality, and important open space links and opportunities for which parts of the site are important. There is a major transport link in the form of the NDR (NDR) further to the south. Each of these constraints have differing, and sometimes competing demands on land capability, but as a generalisation the proposed subdivision responds well to the constraints.

It is accepted that the proposed development is generally consistent with the lot sizes and subdivision patterns of the residential subdivisions that are nearby. Within that context and in the absence of any specific master planning in the DCP, it cannot be strongly argued that the proposed development is vastly inconsistent with the expected future character of the locality.

The site has been given a zone that dictates what is appropriate to the site. The proposed development meets that standard. The density and lot size are urban residential, with the lots on the western side tending towards a larger size to provide some level of transition to E4 land along the western flank (lots along the western boundary tend to be 1200m² or larger). There will be some friction issues between the differing lot sizes along the zone boundary, but this should be able to be mitigated to an extent by appropriate buffers, fencing and landscaping. It is conceded, however, that the future development of this site in terms of expected yields, spacing and intensity of development, will be greater than has hitherto been the case in this locality. Attached are conditions of consent to address matters pertaining to fencing and landscaping.

Part 7 - Development in Residential Areas

General Principles

The DCP in its preliminary instructions includes the following guidelines for design of urban residential subdivisions, based on Department of Planning Urban Design guidelines:

“The Urban Form publication identifies the following issues for future development of the city:

· The square grid of 200m blocks and the open space system along the creek lines are the most important features of Orange’s urban identity.

· Maintaining this pattern in new development will allow uninterrupted view lines, and offer variety as the streets traverse the topography. It will also result in the efficient provision of services and permeable pedestrian routes.

· Expanding open space along natural creek lines and in associated parks will increase amenity, provide environmental buffer zones, allow for drainage control structures and help people orient themselves by being able to read the landscape.

· Laneways that have been introduced through the original blocks as cul-de-sacs can be extended to give pedestrian or vehicular access across the blocks.

· As the town grows, radial expansion will require cross connections to assist the movement between outer suburbs.

The distribution of facilities such as schools and places of worship in existing development suggest similar distribution will be required near new residential development, ie, within a five- to ten-minute walking distance from every home”.

It is considered that the revised design responds positively to these urban design principles.

Subdivision in North Orange – Waratahs (DCP 2004)

General Principles

The North Orange-Waratah precinct comprises those lands situated to the north of the NDR and south of Beer Road, between Clergate Road in the east and the E4 zoned land adjacent to Burrendong Way in the west.

The Orange Sustainable Settlement Strategy (Parsons Brinckerhoff 2004) identified the Waratah precinct as a major source for further expansion of the City, and to a large extent this is now completing. Parsons Brinckerhoff recommended that this occur, and this finding was consistent with various planning studies that had supported the use of the northern land for urban purposes since the 1970s. The land was rezoned in November 2005 from 2(d) Urban Transition to 2(a) Urban Residential pursuant to Orange Local Environmental Plan 2000 (Amendment No 4).

The pattern of residential development in North Orange-Waratah has always been determined by the physical attributes of the land and existing and adjoining landuse. The land is traversed by a north-south ridgeline towards the west and contains pockets of remnant vegetation. The terrain is generally undulating, falling away from the central ridge both to the east and west. The western flank of the subdivision, of which the subject property is a part, abuts land with steeper slope, making that land unsuitable for more intense development.

Planning Outcomes

· The subdivision layout is generally in accordance with the Conceptual Subdivision Layout.

As previously noted, there is no conceptual layout for most of this this site, however it is ringed on three sides by residential land, and the general layout in terms of such issues as drainage works, sewer and roads geometry appears compatible to surrounding and pending future development nearby.

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

Council’s Technical Services Division is principally responsible for the application of the Subdivision Code. They have not raised objection to the submitted layout, and have imposed a suite of conditions to ensure that the development is carried out in accordance with the Subdivision Code requirements.

· Lots are oriented to maximise energy-efficiency principles. Where practicable, lots are rectangular rather than splay shaped and oriented to provide the long axis within the range N20⁰W to N30⁰E or E20⁰N to E30⁰S.

The orientation of some lots conforms to this planning outcome, but a significant number do not comply. Lots 404 to 410 are within this category of non-complying for solar orientation. This will increase the difficulty in achieving complying solar access for future development on these lots but it is not impossible for compliance to be achieved.

· Lots adjoining Farrell Road and industrial lands in Clergate Road and Ralston Drive have a minimum area of 2,000m².

Not relevant to this application.

· Battleaxe lots have a minimum area of 650m², excluding the access handle. Access handles have a minimum width of 4.5m incorporating a 3m- wide driveway.

Proposed Lots 412, 413 and 414 are battleaxe in shape, with areas exceeding the minimum specified and driveway widths that also comply to the DCP standards.

· Local collector roads connect to the NDR, Clergate Road and Farrell Road generally at the locations shown on the Conceptual Subdivision Layout. Future road connections to adjoining land are located generally in accordance with the Conceptual Subdivision Layout.

Access to William Maker Drive being the collector road is proposed via Stevenson Way. The proposed subdivision is generally consistent with the intended outcome envisaged in the conceptual subdivision designs that apply to other subdivision localities on the western side of William Maker Drive.

· Residential lots have direct frontage and access to a public road. Access is not available to the NDR and Clergate Road for adjoining lots.

All residential lots will have direct frontage and access to a public road. See comments above.

· Footpath cycle ways (4.5m wide) are provided in the locations shown on the Conceptual Subdivision Layout.

There are no footpaths or cycle ways shown on the plans though the proposed road reserves are wide enough to accommodate such facilities. Attached are relevant conditions addressing this issue.

· A pedestrian overpass over the NDR is provided in the vicinity of the proposed Catholic school site (ie, Lot 2 DP 1074558).

Not directly relevant to this application.

· Hard and soft landscape treatment is provided at the intersection of collector roads with the NDR, Farrell Road and Clergate Road.

Not directly relevant to this application.

· Onsite stormwater detention basins and drainage reserves are provided.

It is proposed to provide reticulated stormwater collection and disposal for all lots except lots 414-416. These three lifestyle block will be provided with onsite detention at the rear of the designated building envelopes.

· All utility services are provided to the proposed lots. The capacity for sewer reticulation to lots to the west of the ridgeline is investigated at development application stage.

The detailed designs for water, sewer and stormwater management for the proposed development have not been provided, however it will be possible to provide these services according to Technical Services. Attached are relevant conditions of consent addressing servicing requirements.

· Significant landscape features are retained and disturbance to natural vegetation, landform and overland-flow paths is minimised.

The principal landscape features on this site are the tree formations. The most visually significant elements of the landscape are the large planted trees at the eastern end of the site close to Stevenson Way. The applicant has not nominated their removal, but the small size of the lots (apart from Lot 401), renders it impractical to retain these landscape elements after development of the new lots begin. Large native trees on small lots is impractical. It is more viable to allow existing trees to be removed and then replacements planted after structures have been constructed. Soil disturbance and inevitable changes to hydrology make it virtually impossible to retain trees and expect them to be safe and healthy after that process. Vegetation planted after construction will grow and develop according to the parameters set by the soil hydrology (as it will exist at that time) and will not suffer catastrophic root disturbance or soil compaction in the same manner as existing vegetation.

This is not to say or claim that the existing vegetation is not significant to the landscape character; they are significant. For this reason the existing planted vegetation is required to be replaced, with appropriate native landscaping to match those removed, after completion of the subdivision works, in locations where the vegetation will not interfere with future dwelling construction on these sites.

The second element of the landscape on this site is the BGGW vegetation at the western end of the site. This vegetation is further removed from visible exposure, less stunning as a visual element, but forming part of a critically endangered ecological community (EEC) for which Council does not have the direct authority to permit removal of, except if suitable (and approved) recovery actions are incorporated into the proposal. In this case the proposed development, with respect to Lots 414-416, will result in the loss of significant landscape elements of the EEC vegetation, but the applicant has indicated the retention of a portion of this protected vegetation, and replacement of other elements that are to be removed as a result of the development. It is noted that whilst a good number of the EEC classified vegetation is to be removed as a result of the application, such vegetation (with a few exceptions) is already diseased, dying or poorly formed.

· Public open-space areas are sited in accordance with the Conceptual Subdivision Layout. Public open-space contains significant trees/tree groups, threatened species, populations, ecological communities or their habitats. Public open-space areas incorporate stormwater detention basins where required.

Not relevant to this application as no parts of the site are shown in the masterplan as providing open space.

· An assessment under Section 5A of the Environmental Planning and Assessment Act 1979 is submitted at development-application stage to identify the effect of subdivision on threatened species, ecological communities or their habitats.

The Section 5A assessment has been completed and summary of findings included within this report.

· Building envelopes are identified on lots with trees or tree groups. Building envelopes, roads, drainage and service trenches are sited a minimum 4m from trees and tree groups.

The amended subdivision plan incorporates building envelopes on several of the proposed lots for the purposes of retention of the native vegetation on these sites. Attached are conditions of consent to this effect.

· Allotments for multi-unit housing are identified on development application plans.

No lots within the subdivision have been identified as potential multi-unit sites.

· A traffic-noise assessment (potential impacts and attenuation measures) prepared by a qualified acoustic engineer is required for lots adjoining the NDR. Consideration is given to the Noise and Vibration Assessment prepared by Richard Heggie Associates Pty Ltd in support of the EIS for the NDR.

The subject property is not adjoining the NDR, and it is further noted that it is also some distance from William Maker Drive. As such, the risks from excessive noise are considered to be low, and no requirement exists under the DCP for a noise assessment exists.

DEVELOPMENT CONTRIBUTIONS

Section 7.11 Contributions

The proposed development contains two stages. Stage 1 will result in one additional lot. Stage 2 will result in an additional 14 lots. The subject property has a credit of one Equivalent Tenement (ET) for the existing lot at Stage 1. Stage 1 generates a credit of two lots for Stage 2.

Stage 1

Pursuant to Orange Development Contributions Plan 2017, the following contributions have been levied for the subject development and are attached as a condition of consent.

The payment of contributions as per the following shall be made to Council in accordance with Section 7.11 of the Act and the Orange Development Contributions Plan 2017 (development in Waratahs Urban Release Area) towards the provision of the following public facilities:

Open Space and Recreation	@ 3,876.54 x 1 additional lot	3,876.54
Community and Cultural	@ 1,124.19 x 1 additional lot	1,124.19
Roads and Traffic Management	@ 5,116.91 x 1 additional lot	5,116.91
Local Area Facilities	@ 9,299.84 x 1 additional lot	9,299.84
Plan Preparation and Administration	@ 582.52 x 1 additional lot	582.52
TOTAL (subtotal less compensation):		$20,000.00

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2017 (development in Waratahs Urban Release Area).

Stage 2

Pursuant to Orange Development Contributions Plan 2017, the following contributions have been levied for the subject development and are attached as a condition of consent.

Open Space and Recreation	@ 3,876.54 x 14 additional lots	54,271.56
Community and Cultural	@ 1,124.19 x 14 additional lots	15738.56
Roads and Traffic Management	@ 5,116.91x 14 additional lots	71,636.74
Local Area Facilities	@ 9,299.84 x 14 additional lots	130,197.76
Plan Preparation and Administration	@ 582.52 x 14 additional lots	8,155.28
TOTAL (subtotal less compensation):		$280,000.00

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2017 (development in Waratahs Urban Release Area).

Section 64 Water and Sewer Headwork Charges

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

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

The development is not inconsistent with the provisions prescribed by the regulations

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

Traffic

The capacity of the road network in the vicinity of the site is sufficient to accommodate additional localised traffic generated by the development, or the likely additional traffic that future developments on the subdivided lots are likely to generate. Council’s Technical Services Department advises that the proposed road layout is satisfactory, allows adjoining land to be developed and is generally in accordance with the DCP.

Conditions are considered necessary and are included in the attached consent preventing access for the individual lots directly onto either the NDR or William Maker Drive.

Noise

The principal source of noise disturbance for the residential subdivision will emanate from the NDR. As alluded to elsewhere in this report the applicant has not undertaken a site specific noise assessment as part of the submission to Council, but neither is the site in close proximity to the NDR. The subject lots will not be adversely affected by noise impacts from the NDR.

Cumulative Impacts

The proliferation of low density residential development on the fringe of the City is a reflection of the urban growth of Orange, which is currently being achieved by an expansion of residential land into the surrounding lower density rural and non-urban land.

A continuation of green field residential subdivisions satisfies the market demand but is likely to result in community isolation from transport facilities and services due to the increase in distance from employment areas and the CBD. Because of the distances, a continuation on motor vehicle reliance is likely to be reinforced by developments such as the subject application.

On the other hand, the development of a new estate creates opportunities for home ownership, improves housing stock quality from an aesthetic point of view and promotes economic activity in the building industry.

Cumulative impacts of the development are acceptable.

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

The subject property has two significant natural features, being the waterways that cross the site and the vegetation remnants. These are adequately allowed for in the subdivision design.

The subject property will be significantly reliant on motor vehicles for access to most facilities and amenities, and this should be seen as a negative to the overall amenity and ambience the site will generate. To achieve satisfactory levels of amenity it is considered highly desirable to provide pedestrian linkages to the open space network.

Overall, the applicant has suitably demonstrated that the site is suitable for the proposed development. Attached to the Notice of Approval are a suite of conditions considered appropriate to ensure that the development proceeds in an acceptable 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 the LEP. The application was advertised for the prescribed period of 14 days and at the end of that period two submissions had been received, with the issues summarised and commented upon as follows:

Tom and Jenny Priest

As part of the development works on the Hutchinson subdivision the developer wishes to pull down fencing part located on our existing boundary to the north of our dwelling as he said this will allow to them to carry out their work in a more efficient manner. The developer has proposed that he will replace that part of the existing fence that they pull down with a new colorbond fence to match height, colour and style of the already existing front fence at no cost to us. However, to address our concerns with noise and our privacy we would like the new fence extended to take in the full north side of our house yard at no cost to us, so the issues we have concerns with will be addressed. Thank you for your time.

Comment:

The proposed road design will ultimately facilitate development of adjoining land in the future. Road widening and footpath extension at that point would ordinarily be required if a proposal of that type was to be submitted which would ultimately impact the location of the fencing. Replacement fencing along the boundary road reserve has the potential to affect the streetscape but it would not be an uncommon element given that it will be a future corner allotment. The final positioning and agreement to undertake any fencing is a matter for the applicant and the adjoining property owner to resolve. A condition of consent is proposed that requires the erection of a solid fence along the boundary of the main private open space (house block). It is considered that this would provide adequate private and noise attenuation to the property.

The submitter has also requested a new fence to be constructed along the entire length of the northern boundary. There is no planning justification to require such fencing by condition of consent at this time. Matters in relation to fencing beyond the extent of that detailed above, would need to be via a private landowner agreement and should not form part of the development consent.

Cyril Smith

The Waratahs Masterplan and DCP and LEP are outdated and need to be revised.

Comment:

As alluded to in the report this land was not included in the North Orange masterplan when it was first developed when rezoning of this land occurred. It is understood that this land was left out in the initial planning of this locality due in part to servicing constraints associated with the land which have since been resolved, and the fact that the land is contained in part patches of significant vegetation. Whilst it would have been ideal to have a DCP concept in place for this particular precinct following resolution of servicing constraints before allowing development, it is not a mandatory requirement to have a DCP to consider development. Council recently granted development at 1 William Maker Drive under the same circumstances. A detailed assessment of relevant matters for the subdivision (including servicing arrangements, access, connectivity and vegetation) have been undertaken in the assessment of the development application. The evaluation of the application indicates that the development concept is acceptable in this case.

Drainage

Comment

Adequate arrangements for drainage can be incorporated into the design and the resultant consent.

Land Use - it should be noted that the subject land was originally used for native vegetation, inhabited by the Wiradjuri and was recently used for grazing.

Comment

A detailed assessment of matters pertaining to this issue have been addressed in the report.

A “9m wide” access road could prove to be insufficient for traffic management.

Comment

Council development and subdivision code is based on best practice engineering standards broadly adopted across the state. There is no element of the proposed subdivision to suggest that the carriageway widths (which are derived from the Subdivision code) will not be sufficient to cater for expected generated demand emanating from the proposed development.

Available Services - There is no data in the proposal to indicate the volume of rainfall that infiltrates the subject land and how the removal of this infiltration would affect the subject land or neighbouring properties.

Comment

The hydrology of the site will change as a result of soil compaction and increased hard surfaces introduced to the site. This will inevitably result in increased surface runoff. However, stormwater collection and disposal will be the subject of a detailed stormwater plan, the details of which will be required to be submitted by the applicant’s Hydraulic Engineer and be approved by Council as part of the post consent approvals process.

The Waratahs DCP does not include the subject land, which would give Council the opportunity to consider other criteria when assessing the proposal. The Shiralee subdivision document probably would be a better guide to the future direction of urban expansion in Orange.

Comment

It is accepted that the Waratahs Masterplan is not complete with respect to preferred subdivision layouts for much of the site, but the subject property is nevertheless part of the Waratahs precinct and is within the R1 General Residential zone. It is without any legal foundation to attempt to apply the Shiralee Masterplan to this proposal. Such application would be without any legal standing and not enforceable in any way. Council’s assessment would flawed if it attempted to do so.

Tree losses on smaller lots appear unavoidable. Is it possible for Council and the developers to consider Lot 414 to become a part of a new public neighbourhood park? This would allow Council time to decide the fate of the trees on Lot 414. This park could be extended to include the tree area behind the building envelopes of Lots 415 and 416, creating some connectivity of the remnant bushland. To compensate, Lots 413 and 412 could be further subdivided or a more intense use be allowed - possibly some 2 storey townhouses.

Comment

Lot 414 is not identified in the masterplan for open space acquisition, and it has not been offered as such by the applicant to Council. Council is not in a position to require such offers to be made. Moreover, such an offer would inevitably require some form of compensation by Council, in the order of $200,000 (on the basis of current acquisition rates, which is totally unfunded at this time. Public benefits for open space on a location so far removed from population nodes would be very difficult to justify from a social benefit point of view.

It would be incumbent on Council to consider the relevant changes that are currently being made to Section 79C(1) of the Environmental Planning and Assessment Act, 1979 by the NSW Government.

Comment

The application has been assessed in accordance with the provision of Section 4.15 of the Environmental Planning and Assessment Act. It is acknowledged that changes are being proposed to the heads of consideration for residential development, however the precise nature of such changes is still uncertain. Changes to the act itself are not the same as changes to supporting Environmental Planning Instruments (EPI’s). In the event that changes are proposed for an EPI that is relevant to the proposed development, Council is required to consider such changes, but this obligation does not extend to changes to the legislation itself.

We are all governed by the intent of policy and it is clear that State Planning is intending to make changes to the EPI. The draft policy changes, when adopted, will be incorporated into changes in the existing SEPPs. It may be reasonable to argue that currently there exists draft changes (Greener Places and Better Places) and they should be considered during this development application.

Comment

The Department of Planning has circulated for discussion a policy on Greener Places, which when finalised will be intended to act as a guideline in the preparation of DCPs, LEPs and SEPPs (particularly the code SEPP). It is not a draft policy as such, rather a guideline for discussion in the preparation of directions that are yet to be revealed. As a matter for consideration to a development proposal they carry virtually no statutory weight. Further, in the context of the Waratahs Masterplan, which is nearing completion, the provisions for open space are at the high end of the regional statistics, and are well based on the findings of the Sustainable Settlements Strategy. This is an older strategic policy, but now nearing completion. For the reasons outlined in this report there seems no real justification for alteration or modification, much less refusal, of an application that is, or can be made to comply with best practice guidelines already.

State Planning has indicated that DCPs should be reviewed every five years. Noting this, the Waratah DCP 2005 would be considered outdated. A better guide for planning this subdivision would be to look at the Shiralee development components.

Comment

The DCP has undergone a number of amendments since 2005. Council has been advised by the Department of Planning that they are in the process of drafting a proposal aimed at introducing a standardised DCP template for the State. Council is in the process of reviewing the current DCP provisions with a view to having them incorporated into the template when adopted.

Some components of the Waratah DCP may be (in-)appropriate as they may relate to all DCPs: “To protect landscape features [sic, ridge lines per Orange SSS] and environmentally sensitive areas [sic, OLEP Clause 7.4]”.

Comment

Efforts have been made in relation to this application to assess the landscape value of its features (which are generally its trees on the site), and to devise harm minimisation mechanisms in response to those challenges. The science behind those conservation measures do not support a more aggressive application of conservation principles in this case.

Allotment Layout and Size: The creation of a Council owned park would greatly increase the protection of the native vegetation in the subdivision into the future.

Comment

There are no provisions in the masterplan for acquisitions to be undertaken on this site. Council has little or no opportunity to insist on an acquisition in these circumstances.

Roads and Access: Generally, it has been found that a more rectangular grid street pattern works better for traffic movements - as adopted in the Shiralee development. This proposal does not include a cul-de-sac”, but one is indicated adjoining Lot 410 through to Lot 416 - the only road in the development. “The proposed road widths are in accordance with the DCP” (Waratahs) but may not be creating a desirable outcome. Other streets, like Roselawn Drive in a nearby area, are dangerous because of their narrow winding nature. It is doubtful whether anyone could park legally on any section of this street. Streets of this design should not be acceptable in future subdivisions.

Comment:

Waratahs utilises a modified grid layout template which is slightly different to the more rigid roads design set out in the Shiralee urban release area. For the purposes of categorisation, however, both Shiralee and the subject site are utilising a modified grid layout. Both are known to produce satisfactory results in terms of “safer by design” principals. A semi‑curvilinear approach with relatively narrow carriageways produces natural impediments to high speed traffic in residential areas. High speed in residential areas is well known to be a major safety hazard, and something to be avoided as much as possible. Wide straight street patterns fashioned on the traditional grid pattern are not safer, they are more dangerous in a residential situation.

Stormwater Management; Designing a stormwater system to a “1 in 10 year average recurrence” would be a gross under design. This would not be able to cope with the expected extreme rain events in the future, because of climate change. If this is Council’s standard, it should change with the revision of the LEP and DCP. This application requires much more data to determine the accuracy of the assertions made in it.

Comment

Clause 54(4) of the Environmental Planning and Assessment Regulations 2000 makes the following provisions with regard to information to be provided: “the information that a consent authority may request does not include, in relation to building or subdivision work, the information that is required to be attached to an application for a construction certificate”. “Note: The aim of this provision is to ensure that the consent authority does not oblige the applicant to provide these construction details up-front where the applicant may prefer to test the waters first and delay applying for a construction certificate until, or if, development consent is granted”.

Stormwater designs at the level of detail advocated by the submitter are normally worked out as a construction certificate detail. Relevant conditions are attached.

PUBLIC INTEREST s4.15(1)(e)

SUMMARY

COMMENTS

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

Attachments

1 Notice of Approval, NA18/230 ⇩

2 Plans, D18/20436 ⇩

3 Submissions, D18/20448 ⇩

Planning and Development Committee 1 May 2018

2.5 Development Application DA 56/2018(1) - 5 William Maker Drive

Attachment 1 Notice of Approval

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 56/2018(1)

NA18/ Container PR22400

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Landorange Partnership
Applicant Address:	1 Borrodell Drive ORANGE NSW 2800
Owner’s Name:	Mr BJ Hutchinson
Land to Be Developed:	Lot 44 DP 1116123 - 5 William Maker Drive, Orange
Proposed Development:	Subdivision (16 lot residential) (2 stage)

Building Code of Australia building classification:	Not applicable

Determination made under Section 4.16
Made On:	1 May 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	2 May 2018
Consent to Lapse On:	2 May 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) Plan by Heath Consulting Engineers Job Number 18_003, Drawing Number 18003-DA04, Revision D, (Sheets 2, 3, & 4) (3 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.

STAGE 1 - TWO LOT SUBDIVISION

DURING CONSTRUCTION/SITEWORKS

(4) 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.

(5) 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

(6) Pursuant to Orange Development Contributions Plan 2017, the following contributions have been levied for the subject development and are attached as a condition of consent.

Open Space and Recreation	@ 3,876.54 x 1 additional lots	3,876.54
Community and Cultural	@ 1,124.19 x 1 additional lots	1,124.19
Roads and Traffic Management	@ 5,116.91 x 1 additional lots	5,116.91
Local Area Facilities	@ 9,299.84 x 1 additional lots	9,299.84
Plan Preparation and Administration	@ 582.52 x 1 additional lots	582.52
TOTAL (subtotal less compensation):		$20,000.00

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2017 (development in Waratahs Urban Release Area).

(7) 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 and associated on-site sewerage management system is within the boundaries of the proposed Lot 401 comply in respect to the distances of walls from boundaries.

(8) As part of the subdivision, an easement shall be created for any existing electrical infrastructure affecting the subject land. The easement if required is to be created using Essential Energy’s standard easement terms current at the time of registration of the plan of subdivision;

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

(10) A Notification of Arrangement (confirming satisfactory arrangements have been made for the provision of power) issued by Essential Energy with respect to all proposed lots which will form part of the subdivision must be provided to the Orange City Council prior to the release of the Subdivision Certificate. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions.

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

(12) A Restriction-as-to-User under section 88B of the NSW Conveyancing Act is to be created on the title of proposed Lot 401 requiring the subject land to be connected to reticulated sewer when it becomes available and the existing septic system to be removed in accordance with Council policy. Payment of the relevant section 64-sewer headwork’s charges is to be made to Council at that time.

(13) 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.

(14) A Restriction-as-to-User under Section 88B of the NSW Conveyancing Act is to be created on the title of proposed Lot 400 which states that:

· Proposed Lot 400 may not be subdivided or further developed and may not be used for residential purposes unless the following works are carried out to the satisfaction of Orange City Council:

- All infrastructure services (roads, water, sewer, stormwater drainage, gas, electricity, phone lines) as required by the Orange City Council Development and Subdivision Code are provided to Lot 400; and

- The developer of proposed Lot 400 is responsible for gaining access over adjoining land for services as necessary. Easements are to be created about all service mains within and outside the lots they serve; and

- Section 94 contributions are paid as required by the development contributions plan applicable at the time of development and Water and Sewer charges as required by Orange City Council in accordance with Division 5 of Part 2 of Chapter 6 of the Water Management act 2000; and

- Stevenson Way frontage is constructed in accordance with the Orange City Council Development and Subdivision Code.

(15) A Restriction-as-to-User under section 88B of the NSW Conveyancing Act is to be created on the title of proposed Lot 401 which states that:

The western portion of Lot 401 may only be used for non-habitable purposes until the following works are carried out to the satisfaction of Orange City Council:

· All infrastructure services (roads, water, sewer, stormwater drainage, gas, electricity, phone lines) as required by the Orange City Council Development and Subdivision Code are provided to Lot 401; and

·
The eastern and western portions of Lot 401 may not be subdivided or further developed until the following works are carried out to the satisfaction of Orange City Council:

· The developer of proposed Lot 401 is responsible for gaining access over adjoining land for services as necessary. Easements are to be created about all service mains within and outside the lots they serve; and

· Section 94 contributions are paid as required by the development contributions plan applicable at the time of development and Water and Sewer charges as required by Orange City Council in accordance with Division 5 of Part 2 of Chapter 6 of the Water Management act 2000; and

· Stevenson Way frontage is constructed in accordance with the Orange City Council Development and Subdivision Code.

(16) Prior to the issue of a Subdivision Certificate access to the western portion of Lot 401 shall be provided by the establishment of right of way over Lot 400. The right of way shall be extinguished upon alternate public road access being provided to the land.

(17) 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.

(18) 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.

14 LOT SUBDIVISION AND DEMOLITION

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(20) A detailed landscaping plan is required providing replacement trees for the non EEC trees to be removed from the site, being all trees except those located on future lots 414-416). A minimum of 37 replacement trees are required within the subject land. The species selection shall be of types reinforcing of the Box Gum Grassy Woodland areas at the western end of the site. The Landscape Plan shall be approved by the Council’s Manager City Presentation prior to the issue of a Construction Certificate.

(21) A detailed landscaping plan is required to be submitted providing replacement trees for those to be removed from Lots 414-416 as follows:

· Apple Box Eucalyptus bridgesiana: minimum 26 healthy species

· Yellow Box E. melliodora: minimum 4 healthy species

· White Box Eucalyptus albens, and/or Blakely's Red Gum E. blakelyi: minimum 6 healthy species.

These listed shall be spaced at minimum intervals of 35m² per specimen, requiring a total landscaped area of 1260m² over the western parts of lots 414, 415 and 416 contiguous to the EEC located to the west of the site. The area calculations do not include areas around existing EEC trees that are also required to be retained with adequate spacing.

These replacements are required to replace those trees to be removed from the EEC vegetation contained within the existing Box Gum Grassy Woodland located on Lots 414-416.

(22) 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.

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

(24) 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.

(25) 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;

(26) Proposed lots are to be provided with interlot stormwater drainage, including those lots abutting public land, where the surface of the entire lot cannot be drained to the kerb and gutter at the lot frontage. A grated stormwater pit is to be constructed within each lot provided with interlot stormwater drainage. 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.

(27) A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve the proposed lots. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council. Written agreement is to be obtained from adjoining land owners to undertake works within their land.

(28) A water reticulation analysis is to be carried out by Orange City Council on any proposed water reticulation system for the development. Engineering plans are to be submitted to and approved by Orange City Council prior to the issue of a Construction Certificate.

The reticulation system is to be designed to supply a peak instantaneous demand by gravity of 0.15 L/s/tenement at a minimum residual head of 200kPa.

(29) Prior to the issue of a Construction Certificate written agreement is to be obtained from adjoining land owners to undertake works within and discharge stormwater onto their land.

(30) The existing residence is to be connected to the proposed reticulated sewer. The existing septic tank is to be accurately located and indicated on the submitted engineering plans.

PRIOR TO WORKS COMMENCING

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

(32) 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.

(33) All trees that are not shown as approved for removal under this consent shall be fully protected in accordance with the requirements of AS4970-2009 (protection of trees) except as modified by the provisions of this consent. Protective fencing is required to be erected around these trees at a minimum distance of 5m from the base of the trees, and retained in place until the issue of the subdivision certificate.

DURING CONSTRUCTION/SITEWORKS

(34) This consent approves the removal of the trees numbered as follows on the approved plans; 1, 3, 4, 5, 14, 16, 36, 37, 38, 39, 40, 41, 44, 45, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89. All other numbered trees on the approved plans are to be conserved and protected in accordance with the provisions of AS 4970 – 2009 – Protection of Trees on Development sites.

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

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

(37) 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.

(38) 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.

(39) 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.

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

(41) 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 all 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.

(42) Half road width is to be constructed for the frontage of the proposed development to Lot 102 DP 1147159 on the 18m wide road. This work is to include road pavement and pavement surfacing to the centreline, kerb and gutter construction and earth-formed footpath on the development side of the road. Boxing out, pavement construction, bitumen seal of the roadway and sufficient kerb and gutter works to allow for the construction of the intersection with Stevenson Way and function of drainage on the opposite side of the development is to also be carried out. No Parking signs shall be installed to Councils satisfaction in the section of 15.5m wide road.

Stevenson Way is to be constructed to an urban standard on the development side of the road.

(43) A heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed to serve the existing dwelling on Lot 401. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code.

(44) A minimum 3.5m wide heavy-duty concrete driveway including kerb and gutter layback and footpath crossing is to be constructed along the western boundary of Lot 413 to provide vehicle access to the stormwater detention basins. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code.

(45) Dual water and sewerage reticulation is to be provided to every lot in the proposed residential subdivision in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

(46) The payment of contributions as per the following table shall be made to Council in accordance with Section 7.11 of the Act and the Orange Development Contributions Plan 2017 (Development in Waratahs Urban Release Area) towards the provision of the following public facilities:

Open Space and Recreation	@ 3,876.54 x 14 additional lots	54,271.56
Community and Cultural	@ 1,124.19 x 14 additional lots	15,738.66
Roads and Traffic Management	@ 5,116.91 x 14 additional lots	71,636.74
Local Area Facilities	@ 9,299.84 x 14 additional lots	130,197.76
Plan Preparation and Administration	@ 582.52 x 14 additional lots	8,155.28
TOTAL (subtotal less compensation):		$280,000.00

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2017 (development in Waratahs Urban Release Area).

(47) A Restriction-as-to-User under Section 88b of the NSW Conveyancing Act 1979 shall be placed on the titles of proposed lots 414, 415 and 416 specifying that all buildings shall be limited to within the designated building envelopes, and further prohibiting construction of any structure within a 4m radius of the protected trees on these sites, except with the further approval of Council. The location of the building envelopes and TPZs shall be in accordance with the stamped approved plan. The restriction-as-to-user under section 88b of the NSW Conveyancing Act 1979 shall also provide for the retention of those trees not specifically identified for removal (and including all replacement trees specified elsewhere in this consent), except with the prior approval of Council.

(48) Landscaping Plans required under this consent (all stages) are required to be fully implemented to the satisfaction of the Manager-Development Assessments. All required landscaping must have been in good health and well established prior to the release of the subdivision certificate.

(49) New Rural Fencing (ie stock proof fencing) to Council rural fencing standards (as set out in DCP-2004) is required to be provided along the entire length of the western boundary of the existing lot, to Council satisfaction.

(50) As part of the subdivision, an easement shall be created for any existing electrical infrastructure affecting the subject land. The easement if required shall be created using Essential Energy’s standard easement terms current at the time of registration of the plan of subdivision;

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

(52) A Notification of Arrangement (confirming satisfactory arrangements have been made for the provision of power) issued by Essential Energy with respect to all proposed lots which will form part of the subdivision must be provided to the Orange City Council prior to the release of the Subdivision Certificate. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions.

(53) The contents of the existing septic tank are to be removed by a licensed contractor for disposal into Council’s sewer system. The septic tank is to be excavated and disposed of at a licensed landfill and the absorption trench is to be drained and the voids limed and backfilled with clean compacted material.

Evidence of such work is to be provided to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

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

(55) 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 16 ETs for water supply headworks and 16 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.

(56) Evidence from a registered NATA laboratory is to be submitted prior to the issuing of a Subdivision Certificate stating that the filling of all dams and low-lying areas has been carried out in accordance with Australian Standard 3798-2007.

(57) 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.

(58) 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.

(59) 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.

(60) 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 a Subdivision Certificate.

(61) A Maintenance Security Deposit, in accordance with the provisions and requirements of the Orange City Council Development and Subdivision Code, is to be provided to Orange City Council prior to the issuing of a Subdivision Certificate.

A Certificate of Compliance, from Orange City Council, certifying that the maintenance security deposit has been paid, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(62) 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, except for the drainage easement on Lot 413 which shall fully contain the access driveway.

(63) Prior to the issuing of a Subdivision Certificate, a Road Naming Application form is to be completed and submitted with a plan of the whole development defining the stage being released - including future road extensions.

(64) 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.

(65) 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.

(66) Soil sampling for analysing chemical residue is to be carried out for the residential allotments in a manner and frequency as determined by an appropriately qualified and experienced consultant giving consideration to specific uses and onsite characteristics of the site. Reference is to be made to the Contaminated Land Management Act 1997 and State Environmental Planning Policy No 55 – “Remediation of Land”. The results of the testing are to be provided to the Principal Certifying Authority and are to demonstrate that the land is suitable for residential use, to enable the subdivision certificate to be released.

(67) A solid colorbond or lapped and capped timber fence of 1.8m in height shall be erected on the boundary of the neighbouring lot to the immediate south of the development. The fence shall extend from the front building line of the existing house fronting Stevenson Way to the western edge of the current private open space (house yard) of that property (opposite proposed Lot 407), prior to the issue of a Subdivision Certificate.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(68) Landscape plantings are required to be maintained with respect to weed control, and watering as well as replacement of any dying or damaged stock for a minimum period of 2 years after release of the subdivision certificate or until all lots have been sold and Council is satisfied that the trees are well established.

(69) Aboriginal artefacts or other indigenous heritage that is discovered during the construction process is required to be conserved, with all work in the vicinity of the discovered item being suspended until the appropriate permits have been obtained from the National Parks and Wildlife Service and the Local Aboriginal Land Council has been appropriately consulted.

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

*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:	2 May 2018

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	$3,000,000.00