Agenda of Planning and Development Committee

Planning and Development Committee 5 June 2018

2.1 Items Approved Under the Delegated Authority of Council

RECORD NUMBER: 2018/1113

AUTHOR: Paul Johnston, Manager Development Assessments

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 449/2011(3)	Determination Date	27 April 2018
PR Number	PR10016
Applicant/s:	Mr PA Jarratt
Owner/s:	Mr PA and Mrs CT Jarratt
Location:	Lot 1 DP 712402 – 697 Pinnacle Road, Orange
Proposal:	Modification of development consent – rural dual occupancy (second dwelling). The modification involves deleting Condition 9 of the consent, which requires details of fire separation between the existing shed and the proposed dwelling.
Value:	160,000 (being the same value as the original proposal)

Reference:	DA 120/2015(2)	Determination Date	9 May 2018
PR Number	PR27806 AND PR23989
Applicant/s:	McAdams Developments Pty Limited
Owner/s:	McAdams Developments Pty Limited
Location:	Lots 100 and 101 DP 1234284 – 398 and 398A Summer Street, Orange (formerly Lot 100 DP 1144306 – 398 Summer Street, Orange)
Proposal:	Modification of development consent - subdivision (two lot Torrens), demolition (sheds, outbuildings and trees), subdivision (four lot community) and dwelling houses (three). The modification involves stormwater drainage arrangements, and requirements for the timing of construction of same.
Value:	$650,000 (being the same value as the original development)

Reference:	DA 380/2016(3)	Determination Date	23 April 2018
PR Number	PR15494
Applicant/s:	Tony Leahey Motor Group
Owner/s:	Mr AR and Mrs LJ Leahey
Location:	Lots 574 and 575 DP 836044 – 24 and 25 Cameron Place, Orange
Proposal:	Modification of development consent – vehicle sales or hire premises (new vehicle display platform), vehicle repair workshop and demolition. This modification sought to alter the wording of Condition (30) to allow for flexibility to either consolidate the lots or create easements. The modified wording allows for an Interim Occupation Certificate to be issued, with easements created within 90 days.
Value:	$1,360,000 (being the same value as the original proposal)

Reference:	DA 53/2017(2)	Determination Date	8 May 2018
PR Number	PR27999
Applicant/s:	Contemporary Homes
Owner/s:	C Alchin
Location:	Lots 201-204 DP 1239827 – 24-30 Telopea Way, Orange (formerly known as Lot 16 DP 1210246 – 30 Telopea Way, Orange)
Proposal:	Modification of development consent - subdivision (four lot Torrens title), subdivision (eight lot Community title), dwelling houses (nine) and medical centre. The modification involves an amended floor plan for proposed Dwelling 1 at 28 Telopea Way.
Value:	$2,899,830 (being $299,830 more than the original proposal )

Reference:	DA 364/2017(2)	Determination Date	3 May 2018
PR Number	PR8325
Applicant/s:	Mr JA Vandenbert
Owner/s:	Amberlend Pty Limited
Location:	Lot 4 DP 233405 – 45-47 McNamara Street, Orange
Proposal:	Modification of development consent – small bar. The modification involves a minor extension to approved trading hours for the premises.
Value:	$0 (being the same value as the original proposal)

Reference:	DA 465/2017(1)	Determination Date	16 April 2018
PR Number	PR7084
Applicant/s:	Rural Centre Properties Pty Limited
Owner/s:	Rural Centre Properties Pty Limited
Location:	Lot 30 DP 820995 – 154-158 Lords Place, Orange
Proposal:	Rural supplies (additions and alterations) and signage
Value:	$85,800

Reference:	DA 10/2018(1)	Determination Date	2 May 2018
PR Number	PR12136
Applicant/s:	Mr MJ Meagher
Owner/s:	Mr MJ and Mrs KA Meagher
Location:	Lot 1 DP 741906 – 356 Canobolas Road, Orange
Proposal:	Farm stay accommodation
Value:	$0

Reference:	DA 32/2018(1)	Determination Date	27 April 2018
PR Number	PR9440
Applicant/s:	Ms EL May
Owner/s:	Ms EL May
Location:	Lot 2 DP 362373, and Lot 1 DP 415220 – 12 Orana Street, Orange
Proposal:	Subdivision (two lot residential boundary adjustment), Demolition (garage, carport, pergola) and Carport
Value:	$0

Reference:	DA 49/2018(1)	Determination Date	11 May 2018
PR Number	PR26308
Applicant/s:	Kinross Wolaroi School
Owner/s:	The Uniting Church in Australia Property Trust (NSW)
Location:	Lot 30 DP 1190518 – 59-67 Bathurst Road, Lot 35 DP 664207 – 107 Bathurst Road, Lot 36 Sec 3 DP 9684 – 105 Bathurst Road and Lot 37 Sec 3 DP 9684 – 103 Bathurst Road, Orange
Proposal:	Educational establishment (school) (alterations and additions to agricultural plot)
Value:	$50,000

Reference:	DA 70/2018(1)	Determination Date	3 May 2018
PR Number	PR2792
Applicant/s:	Architecture Raw Pty Ltd
Owner/s:	Ms JA Venamore and Ms BE Grieve
Location:	Lot A DP 155739 – 24-26 Clinton Street, Orange
Proposal:	Dwelling (alterations and additions to existing dwelling), secondary dwelling and demolition (outbuilding)
Value:	$350,000

Reference:	DA 74/2018(1)	Determination Date	23 April 2018
PR Number	PR27835
Applicant/s:	Willowdene Constructions Pty Ltd
Owner/s:	Mr RI and Mrs S Kirkby
Location:	Lot 524 DP 1233683 – 29 Buckland Drive, Orange
Proposal:	Dual occupancy and subdivision (two lot residential)
Value:	$420,000

Reference:	DA 89/2018(1)	Determination Date	15 May 2018
PR Number	PR22773
Applicant/s:	Future Build CPD
Owner/s:	Mr TA and Mrs JE Keene
Location:	Lot 5 DP 1122522 – 73 Dean Drive, Orange
Proposal:	Secondary dwelling
Value:	$140,000

Reference:	DA 92/2018(1)	Determination Date	8 May 2018
PR Number	PR27946
Applicant/s:	Mr IY Zhang
Owner/s:	Mrs JM Zhang
Location:	Lot 208 DP 1238394 – 1 Stevenson Way, Orange
Proposal:	Subdivision (two lot residential)
Value:	$1,000

Reference:	DA 102/2018(1)	Determination Date	2 May 2018
PR Number	PR14632
Applicant/s:	Dimension 5 Design
Owner/s:	Orange Masonic Hall Limited
Location:	Lots 5 and 6 DP 237232 – 21 and 23 Moad Street, Orange
Proposal:	Community facility; group home (transitional) and ancillary dwelling (alterations and additions to existing building)
Value:	$43,000

Reference:	DA 103/2018(1)	Determination Date	23 April 2018
PR Number	PR5238
Applicant/s:	Mr NJ Collins
Owner/s:	Mr NJ and Mrs SL Collins
Location:	Lot B DP 37213 – 56 Hill Street, Orange
Proposal:	Office premises (change of use and alterations)
Value:	$18,000

Reference:	DA 124/2018(1)	Determination Date	2 May 2018
PR Number	PR12654
Applicant/s:	Greengate Pool Centre
Owner/s:	Mr L J and Mrs E A Neville
Location:	Lot 4 DP 707145 – 28 William Street, Orange
Proposal:	Hardware and building supplies and light industry (change of use and shed)
Value:	$50,000

TOTAL NET* VALUE OF ALL DEVELOPMENTS APPROVED IN THIS PERIOD: $1,457,630

* 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 5 June 2018

2.2 Development Application DA 83/2018(1) - 66 Byng Street

RECORD NUMBER: 2018/1348

AUTHOR: Summer Commins, Senior Planner

EXECUTIVE Summary

Application lodged	12 March 2018
Applicant/s	Ms BJ Gray
Owner/s	Ms BJ Gray
Land description	Lot 1 DP 522647 - 66 Byng Street, Orange
Proposed land use	Demolition (tree removal - three trees)
Value of proposed development	$3,000

Council's consent is sought for proposed tree removal at Lot 1 DP 522647 – 66 Byng Street, Orange.

The proposal involves removal of three advanced Cedars (Cedrus deodara) located adjacent to the rear boundary of the subject land. The size of the trees is considered unsuitable on a residential parcel, with potential for damage to the subject dwelling and the adjoining dwelling to the south. An arborist report and subsequent email prepared by Mr Bruce Smith was submitted in support of the proposal and recommends removal of the subject trees.

The subject land contains a local heritage item and is located within the Central Orange Heritage Conservation Area. Due to the heritage setting and size of the subject trees, Council’s consent is required for removal.

The proposal comprises advertised development. At the completion of the public notice and exhibition period, one submission had been received. The submission supports the proposed development.

Council’s Manager City Presentation and Heritage Advisor raised no objection to tree removal, subject to planting of replacement specimens. The proposed development is consistent with the planning provisions applying to the subject land and particular land use. Approval of the application is recommended.

Figure 1 - locality plan

RECENT LEGISLATIVE CHANGES

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

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 83/2018(1) for Demolition (tree removal - three trees) at Lot 1 DP 522647 - 66 Byng Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

THE PROPOSAL

The proposal involves removal of three advanced Cedars (Cedrus deodara) located adjacent to the rear boundary of the subject land, and at the Hill Street frontage. The size of the trees (16m tall) is considered unsuitable on a residential parcel, with potential for structural damage to the subject dwelling and the adjoining dwelling to the south. An arborist report was submitted in support of the proposal and recommends removal of the trees.

Figure 2 – street view 66 Byng Street – subject trees at rear and side of dwelling

Figure 2 – trees to be removed

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

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 based on an inspection of the subject property, it is considered that the proposed development is not likely to significantly affect a threatened species. Site inspection reveals that the subject property has no biodiversity or habitat value. A Biodiversity Development Assessment Report is not required in this instance.

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,

(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,

(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 R1 General Residential
Lot Size Map:	No minimum lot size
Heritage Map:	A Local heritage item (‘Emily’ dwelling Item I131) and within Central Orange Heritage 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

Clause 1.9A is applicable and states in part:

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

(2) This clause does not apply:

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

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

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

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

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

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

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

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

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones

The subject site is located within the R1 General Residential Zone. The proposed tree removal is defined as ‘demolition’ under LEP 2011, which means:

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

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

Clause 2.3 Zone Objectives

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

· To provide for the housing needs of the community.

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

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

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

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

The proposal is not contrary to the objectives for the R1 zone.

Clause 2.7 - Demolition Requires Development Consent

Clause 2.7 is applicable and states:

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

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

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

The Part 4 standards are not applicable to the proposal.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

The subject land contains a local heritage item (Emily Dwelling – Item I131); is located in the vicinity of a number of heritage items, and is contained in the Central Orange Heritage Conservation Area. Clause 5.10 is applicable and states in part.

(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).

In consideration of this clause, the net effect of the proposed development will have positive impacts for the heritage setting. While the proposal will alter the landscape setting of the site and streetscape, tree removal is warranted in order to protect the heritage dwelling from potential structural damage and fire risks. Replacement plantings as required by conditions will mitigate vegetation loss and associated visual impacts in the medium-long term.

Council’s Heritage Advisor provided the following comments in relation to the proposal:

The trees are prominent within the streetscape and contribute to the character of the house within the streetscape and conservation area. I concur with the comments [in the arborist reports (see below)] about the locations and potential for damage. I agree that the trees can be removed subject to/conditional upon… replacement trees at the Hill Street frontage and rear.

Part 7 - Additional Local Provisions

7.1 - Earthworks

Clause 7.1 is applicable and 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).

The earthworks proposed in the application are limited to the extent of removing the trees, stump and root systems, and the planting of a replacement tree. The earthworks can be appropriately supported onsite without disruption to onsite drainage arrangements, or impacting adjoining properties.

Clause 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 on-site infiltration of water, and

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

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

In consideration of Clause 7.3, the proposed tree removal and replacement will not alter the existing stormwater drainage arrangements that service the subject land.

Clause 7.6 Groundwater Vulnerability

The subject land is identified as Groundwater Vulnerable on the Groundwater Vulnerability Map. Clause 7.6 applies. This clause 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 onsite storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and

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

In consideration of Clause 7.6, the proposed tree removal will not impact on groundwater and related ecosystems.

STATE ENVIRONMENTAL PLANNING POLICIES

There are no State Environmental Planning Policies that apply to the subject development.

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

DCP 2004-0 Tree Preservation

DCP 2004 – 0.4-2 prescribes the following Interim Planning Outcomes for Tree Preservation:

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

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

3 This clause applies to any tree, native or exotic, with a trunk diameter equal to or greater than 300mm at breast height.

4 This clause does not apply to species indicated as exempt in the tree preservation table.

5 An application for the Council’s approval must be accompanied by an appropriately qualified specialist (arborist) report.

In consideration of the planning outcomes, an arborist report and subsequent email from Mr Bruce Smith was submitted in support of the proposal (The Tree Surgeon, 4 March 2018). The reports find:

· the subject trees are in reasonably good condition and semi-mature (16m tall with 700mm diameter at breast height)

· the subject trees regularly grow beyond 25m tall and are known to reach heights of over 60m in their natural habitat.

· due to the proximity of trees to the dwelling, the trees have caused/are likely to cause structural damage to the dwelling

· an unacceptable amount of needle trash is collecting in gutters of the dwelling, being a fire hazard and maintenance issue

· tree pruning to separate from the dwelling and adjoining dwelling to the south would leave unsightly and imbalanced trees

· the trees have been mistakenly planted too close to the dwelling

· the trees have a history of branch loss.

The initial arborist report and the supplementary email prepared by Mr Bruce Smith dated 25 May 2018 conclude that the subject trees have been planted too close to the house and adjoining property and only their removal and replacement would alleviate the problems being caused to these significant buildings.

Council’s Manager City Presentation has indicated that the positioning of the subject trees are affecting the structural integrity of the heritage building and other buildings on adjoining land and also concurs with the findings of the submitted arborist reports. No objection is raised to removal of the trees subject to replacement plantings, as required by conditions.

DCP 2004-13 Heritage

DCP 2004-13 prescribes the following Planning Outcomes for Heritage Development:

1 Development relates to the significant features of heritage buildings on or near the site, as reflected in inventory sheets.

2 Development conforms with recognised conservation principles.

3 Conservation Management Plans are prepared for development having a significant effect on heritage sites.

As considered earlier in this report, the proposed development is not contrary to the above planning outcomes.

INFILL GUIDELINES

The proposal is not contrary to the Infill Guidelines. Proposed tree removal is warranted in order to protect the heritage dwelling from potential structural damage and fire risks. Conditions are recommended for replacement plantings on the subject land.

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

The proposal is not inconsistent with any matter prescribed by Regulation.

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

Visual Impacts

The proposal will alter the landscape setting of the site and streetscape. Notwithstanding, tree removal is warranted in order to protect the heritage dwelling. Replacement plantings as required by conditions will mitigate vegetation loss and associated visual impacts in the medium-long term. Existing street tree avenue-planting along Hill Street will retain substantial tree canopy in the streetscape.

Heritage Significance

The two groups of trees and particularly the tree on the Hill Street side are prominent within the streetscape and contribute to the character of the house and the streetscape within the Conservation Area. Council’s heritage adviser has reviewed the Arborist reports prepared by Mr Bruce Smith and the comments made by Council’s Manager City Presentation in relation to the subject trees and has indicated support for removal of the trees given their locations and potential for damage to the heritage building. Support however is subject to a recommendation to include a condition for suitable replacement species being provided both in the front and rear yard of the premises.

Whilst the removal of the trees will have an impact of the heritage streetscape, tree removal is considered warranted in this case in order to protect the heritage dwelling and adjoining buildings from potential structural damage and fire risks.

Environmental Impacts

The subject property is unlikely to have any biodiversity or habitat value due to the use of the site for a residential dwelling and garden. Inspections carried out did not indicate any habitat within the subject trees to be removed. The replacement planting will assist in continuing any existing surrounding habitat and providing habitat in the future.

The proposal will not impact on groundwater or stormwater. As such, the proposal is unlikely to have adverse impacts on the environment.

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

There are no known physical attributes within the site that would unreasonably constrain the proposed development.

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. At the end of that period, one (1) submission was received from the owner of the adjoining land to the south (78 Hill Street). The submission expressed support for the proposed tree removal due to potential hazards.

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

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. The applicant has suitably demonstrated that the net effect of the proposed development will have positive impacts for the heritage setting. While the proposal will certainly alter the landscape setting of the site and streetscape, tree removal is warranted in this case in order to protect the heritage dwelling and adjoining buildings from potential structural damage and fire risks. Replacement plantings as required by conditions will mitigate vegetation loss and associated visual impacts in the medium-long term. The proposal has the support from Council’s Manager City Presentation and Heritage Adviser. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

It is recommended that Council supports the subject development.

COMMENTS

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

Attachments

1 Notice of Approval, D18/27523 ⇩

2 Plan, D18/27520 ⇩

3 Submission, D18/27510 ⇩

Planning and Development Committee 5 June 2018

2.2 Development Application DA 83/2018(1) - 66 Byng Street

Attachment 1 Notice of Approval

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 83/2018(1)

NA18/ Container PR2109

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Ms BJ Gray
Applicant Address:	66 Byng Street ORANGE NSW 2800
Owner’s Name:	Ms BJ Gray
Land to Be Developed:	Lot 1 DP 522647 - 66 Byng Street, Orange
Proposed Development:	Demolition (tree removal - three trees)

Building Code of Australia building classification:	Not applicable

Determination made under Section 4.16
Made On:	5 June 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	6 June 2018
Consent to Lapse On:	6 June 2023

Terms of Approval

The reasons for the imposition of conditions are:

(1) To maintain neighbourhood amenity and character.

(2) To ensure compliance with relevant statutory requirements.

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

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

Conditions

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

(a) Unnumbered and marked-up drainage diagram (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.

DURING CONSTRUCTION/SITEWORKS

(2) All demolition work (tree removal) on the site is to be carried out between the hours of 7am and 6pm Monday to Friday inclusive, 7 am to 5pm Saturdays and 8am to 5pm Sundays and Public Holidays.

(3) Three (3) replacement trees shall be planted on the subject land, including one (1) tree at the Hill Street frontage. Species shall complement the landscape character of the heritage setting; have a minimum 75L container size at planting; and have a mature height of 6m.

Council shall be advised of replacement tree planting when works are complete. The replacement tree shall be permanently maintained to the satisfaction of Council’s Manager, City Presentation.

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

(5) 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.

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:	23 May 2018