Planning and Development Committee

 

Agenda

 

1 October 2019

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Planning and Development Committee meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 1 October 2019.

 

 

David Waddell

Chief Executive Officer

 

For apologies please contact Administration on 6393 8218.

  

 

Planning and Development Committee                                                1 October 2019

Agenda

  

1                Introduction.. 3

1.1            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 3

2                General Reports. 5

2.1            Items Approved Under the Delegated Authority of Council 5

2.2            Development Application DA 222/2019(1) - 10 William Street 15

2.3            Development Application - DA 247/2019(1) - 269-279 Summer Street - (Robertson Park public amenities building) 19

 

Planning and Development Committee                                                1 October 2019

 

1       Introduction

1.1     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

It is recommended that Committee Members now disclose any conflicts of interest in matters under consideration by the Planning and Development Committee at this meeting.

 


Planning and Development Committee                                                1 October 2019

 

 

2       General Reports

2.1     Items Approved Under the Delegated Authority of Council

RECORD NUMBER:       2019/1855

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 “7.1 Preserve - Engage with the community to develop plans for growth and development that value the local environment”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves to acknowledge the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council.

 

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(3)

Determination Date

2 September 2019

PR Number

PR10206

Applicant/s:

Australian Queen Beeline Pty Ltd

Owner/s:

Mr MCL and Mrs BT Casido

Location:

Lot 18 DP 255071 - 21 Leewood Drive, Orange

Proposal:

Modification to development consent - Agricultural Produce Industry (alterations and additions to existing building). The modification seeks to alter some internal aspects of the approved extension and existing building and introduce a light retailing/display area at the western elevation.

Value:

$300,000 ($175,000 more than the original development)

 

 

 

Reference:

DA 342/2013(3)

Determination Date

2 September 2019

PR Number

PR14655

Applicant/s:

Wakehurst Ashurst Developments Pty Limited

Owner/s:

Northern Managers and Construction Pty Ltd and Wakefield Ashurst Developments Pty Ltd

Location:

Lot 144 DP 1233685 (former Lot 1 DP 833569) - 74 Beer Road, Orange

Proposal:

Modification to development consent - Subdivision (114 lot residential and three public reserve lots) and Demolition (ancillary structures). The modification seeks to reduce the number of residential lots from 117 to 116. The original consent allowed for the creation of up to 114 residential lots.

Value:

$0 (being the same value as the original development)

 

Reference:

DA 264/2015(2)

Determination Date

11 September 2019

PR Number

PR27043

Applicant/s:

Mr I Y Zhang

Owner/s:

Tork Investments Pty Ltd

Location:

Lot 407 DP 1210194 – 23 Hughes Street, Orange

Proposal:

Modification to development consent - Multi Dwelling Housing (six dwellings) and Subdivision (Community title – six residential lots and one Community lot). The modification involves: Dwellings 1, 2, 3 and 4 to be detached dwellings; Dwellings 5 and 6 will be single storey dwellings; minor internal alterations to the floor plans for Dwellings 1-6; associated amendments to the building design; minor reconfiguration of private open space areas for Dwellings 1-6; minor adjustment to site areas for the community lots.

Value:

$840,000 (being the same value as the original development)

 

Reference:

DA 311/2017(2)

Determination Date

5 September 2019

PR Number

PR3693

Applicant/s:

Mrs AA Davis

Owner/s:

Mr D R Davis and Ms AA Porch

Location:

Lot 20 DP 632537 - 26 Edward Street, Orange

Proposal:

Modification to development consent - General Industry (alterations and additions to existing building). The modification proposes changes to finished floor levels; site landscaping; location of accessible car parking space; and building setbacks.

Value:

$280,000 (being the same value as the original development)

 

Reference:

DA 47/2018(2)

Determination Date

30 August 2019

PR Number

PR18108

Applicant/s:

Hort Enterprises

Owner/s:

Hort Family Properties Pty Ltd

Location:

Lot 20 DP 1022526 - 258 Clergate Road, Orange

Proposal:

Modification to development consent - General Industry (alterations and additions to existing building). The modification seeks to change the approved office building associated with the use of the site.

Value:

$280,000 (being the same value as the original development)

 

Reference:

DA 77/2018(2)

Determination Date

6 September 2019

PR Number

PR26464

Applicant/s:

Aero Refuellers

Owner/s:

Orange City Council

Location:

Lot 200 DP 1195298 - 136 Aerodrome Road, Huntley

Proposal:

Modification to development consent - Airport (bulk fuel tanks (2) and refuelling facility). The modification proposes to modify the approved development to remove the ‘medium hazard’ HIPAP conditions, namely Conditions 4, 11, 21, 27, 28 and 29.

Value:

$450,000 (being the same value as the original development)

 

Reference:

DA 279/2018(2)

Determination Date

26 August 2019

PR Number

PR28358

Applicant/s:

Mr D Bouffler

Owner/s:

Mr D Bouffler

Location:

Lots 1 and 2 DP 1253077 - 17 Stevenson Way and 1 Handford Place, Orange

Proposal:

Modification to development consent - Dwelling house, subdivision (two lot residential) and dwelling house. The modification seeks retrospective approval for works already carried out. The works include finished floor levels slightly greater than that approved for Dwelling 1. Consent is also sought for face brick finishes for both Dwelling 1 and 2.

Value:

$440,000 (being the same value as the original development)

 

Reference:

DA 372/2018(2)

Determination Date

22 August 2019

PR Number

PR16982

Applicant/s:

Ramsay Health Care Pty Ltd

Owner/s:

HCOA Operations (Australia) Pty Limited

Location:

Lot 62 DP 877808 and Lots 1-5 SP 57262 – 261 March Street, Orange

Proposal:

Modification to development consent – Hospital (alterations and additions). The modified proposal will make amendments to the approved floor plan, external appearance and site layout, whilst also proposing to undertake the development in two stages.

Value:

$6,800,000 (being the same value as the original development)

 

Reference:

DA 444/2018(2)

Determination Date

30 August 2019

PR Number

PR20570

Applicant/s:

Orange City Council

Owner/s:

Orange City Council

Location:

Lots 119 and 125 DP 1087517 - 20 George Weily Place and The Escort Way, Orange

Proposal:

Modification to development consent – Subdivision (eight residential lots, one stormwater management lot and one residue lot). The modification seeks to amend the approved residential lot layout to provide land for a transformer within the subdivision and afford all lots with frontage to a public road.

Value:

$0 (being the same value as the original development)

 

 

Reference:

DA 92/2019(2)

Determination Date

4 September 2019

PR Number

PR26464

Applicant/s:

Kayuna Pty Ltd

Owner/s:

Orange City Council

Location:

Lot 200 DP 1195298 - 136 Aerodrome Road, Huntley

Proposal:

Modification to development consent – Airport (alterations and additions to erect hangar). The modification seeks to relocate the hangar due to the previous location being unsuitable, increase the size of the hangar and remove the bathroom and office.

Value:

$65,000 (being the same value as the original development)

 

Reference:

DA 163/2019(2)

Determination Date

2 September 2019

PR Number

PR11580

Applicant/s:

CPRAM Investments Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Lot 564 DP 776383 - 212-220 Summer Street, Orange

Proposal:

Modification to development consent - Business Identification Signage. The modification seeks to amend previous consent issued in the original development to include the signage for the Majestic Carwash, which was not previously included as the signage did not relate to any business being carried out on the site at the time of consent.

Value:

$0 (being the same value as the original development)

 

Reference:

DA 159/2019(1)

Determination Date

2 September

PR Number

PR 21840

Applicant/s:

Mr H Courtney

Owner/s:

Mr HJ and Mrs DJ Courtney

Location:

Lot 132 DP 1103278 - 5 Jade Avenue, Orange

Proposal:

Dual Occupancy and Subdivision (two lot residential)

Value:

$580,000

 

Reference:

DA 166/2019(1)

Determination Date

29 August 2019

PR Number

PR28158

Applicant/s:

Contemporary Homes Pty Ltd

Owner/s:

Divlist Pty Limited and Mikell Investments Pty Limited

Location:

Lot 217 DP 1245015 - 29 Miriam Drive, Orange

Proposal:

Subdivision (six lot Community title) and Dwelling Houses (five dwellings)

Value:

$850,000

 

 

 

Reference:

DA 205/2019(1)

Determination Date

2 September 2019

PR Number

PR10206

Applicant/s:

Mr P Colley

Owner/s:

Mr CE Ryan

Location:

Lot 7 DP 660439 - 113 Prince Street, Orange

Proposal:

Demolition (outbuildings and pergola), subdivision (three lot Torrens and four lot community title), dwelling houses (three) and carport

Value:

$650,000

 

Reference:

DA 213/2019(1)

Determination Date

18 September 2019

PR Number

PR7120

Applicant/s:

Homefront Crossfit

Owner/s:

Mr A O Baldwin

Location:

Lot 4 DP 235184 -52 Lords Place, Orange

Proposal:

Recreation facility (indoor) (change of use, and alterations and additions) and business identification signage

Value:

$450,000

 

Reference:

DA 223/2019(1)

Determination Date

12 September 2019

PR Number

PR5141

Applicant/s:

Garrett Crowe

Owner/s:

Mrs S J Rourke

Location:

Lot 1 DP 524723 -147 Hill Street, Orange

Proposal:

Demolition (existing structures), medical centre (new building and site works) and business identification sign (pylon sign)

Value:

$750,000

 

Reference:

DA 225/2019(1)

Determination Date

6 September 2019

PR Number

PR8324

Applicant/s:

AT & PL Swain Holdings Pty Ltd

Owner/s:

AT & PL Swain Holdings Pty Ltd

Location:

Lot 50 DP 595199 - 25-27 McNamara Street, Orange

Proposal:

Office Premises (alterations to existing building)

Value:

$500,000

 

Reference:

DA 242/2019(1)

Determination Date

6 September 2019

PR Number

PR20379

Applicant/s:

Mrs E A Hopwood

Owner/s:

Orange City Council

Location:

Lot 102 DP 1072260 -142-148 March Street, Orange

Proposal:

Mixed use development (including change of use from office premises to community facility)

Value:

$0

 

 

 

Reference:

DA 246/2019(1)

Determination Date

23 August 2019

PR Number

PR8270

Applicant/s:

Mr P and Mrs M C Close

Owner/s:

Wirong Holdings Pty Limited

Location:

Lot 18 DP 744092 – 126 McLachlan Street, Orange

Proposal:

Subdivision (five lot Strata title)

Value:

$0

 

Reference:

DA 254/2019(1)

Determination Date

26 August 2019

PR Number

PR11580

Applicant/s:

Novia Health Orange Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Tenancy 37 – Lot 564 DP 776383 – 212-220 Summer Street, Orange

Proposal:

Business premises (first use and fit-out) and business identification signage (tenancy 37)

Value:

$60,000

 

Reference:

DA 255/2019(1)

Determination Date

26 August 2019

PR Number

PR11580

Applicant/s:

Sportscraft Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Tenancy 43 – Lot 564 DP 776383 – 212-220 Summer Street, Orange

Proposal:

Shop (first use and fit-out) and business identification signage (tenancy 43)

Value:

$125,000

 

Reference:

DA 256/2019(1)

Determination Date

26 August 2019

PR Number

PR11580

Applicant/s:

Iconic Group Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Tenancy SO 8-9 – Lot 564 DP 776383 – 212-220 Summer Street, Orange

Proposal:

Restaurant or café (use and fit-out) and business identification signage (tenancy SO 8-9)

Value:

$250,000

 

Reference:

DA 260/2019(1)

Determination Date

12 September 2019

PR Number

PR4072

Applicant/s:

James Richmark Pty Ltd

Owner/s:

James Richmark Pty Ltd

Location:

Lot 2 DP 1250343, Lot 100 DP 1147525,

Lot 101 DP 1147525 - 1517 Forest Road, Orange

Proposal:

Hospital (fit-out of pharmacy) and Business Identification Signage

Value:

$280,000

 

 

 

Reference:

DA 261/2019(1)

Determination Date

6 September 2019

PR Number

PR4072

Applicant/s:

James Richmark Pty Ltd

Owner/s:

James Richmark Pty Ltd

Location:

Lot 2 DP 1250343, Lot 100 DP 1147525,

Lot 101 DP 1147525 - 1517 Forest Road, Orange

Proposal:

Hospital (fit-out of cafe)

Value:

$60,000

 

Reference:

DA 267/2019(1)

Determination Date

2 September 2019

PR Number

PR11580

Applicant/s:

Alceon Group Pty Limited

Owner/s:

Alceon Group Pty Limited

Location:

Tenancy 44 – Lot 564 DP 776383 – 212-220 Summer Street, Orange

Proposal:

Shop (first use and fit-out) and business identification signage (tenancy 44 - Noni B)

Value:

$119,000

 

Reference:

DA 268/2019(1)

Determination Date

2 September 2019

PR Number

PR11580

Applicant/s:

CPRAM Investments Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Lot 564 DP 776383 – 212-220 Summer Street, Orange

Proposal:

Shop (change of use and fit-out) and business identification signage (tenancy SO20 – Quick Fix Mobile)

Value:

$100,000

 

Reference:

DA 270/2019(1)

Determination Date

2 September 2019

PR Number

PR11580

Applicant/s:

Alceon Group Pty Limited

Owner/s:

Alceon Group Pty Limited

Location:

Tenancy 34 - Lot 564 DP 776383 – 212-220 Summer Street, Orange

Proposal:

Shop (first use and fit-out) and business identification signage (tenancy 34 – Tarocash)

Value:

$155,000

 

Reference:

DA 273/2019(1)

Determination Date

2 September 2019

PR Number

PR11580

Applicant/s:

Alceon Group Pty Limited

Owner/s:

Alceon Group Pty Limited

Location:

Tenancy 38 - Lot 564 DP 776383 – 212-220 Summer Street, Orange

Proposal:

Shop (first use and fit-out) and business identification signage (tenancy 38 – Dusk)

Value:

$175,000

 

 

 

Reference:

DA 274/2019(1)

Determination Date

3 September 2019

PR Number

PR11580

Applicant/s:

Alceon Group Pty Limited

Owner/s:

Alceon Group Pty Limited

Location:

Tenancy 47 - Lot 564 DP 776383 – 212-220 Summer Street, Orange

Proposal:

Shop (first use and fit-out) and business identification signage (tenancy 47 - Rockwear)

Value:

$160,000

 

Reference:

DA 285/2019(1)

Determination Date

16 September 2019

PR Number

PR11580

Applicant/s:

Iconic Group Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Lot 564 DP 776383 - 212-220 Summer Street, Orange

Proposal:

Take Away Food and Drink Premises (first use and fit-out) and Business Identification Signage (tenancy K2 -Sushia)

Value:

$80,000

 

Reference:

DA 286/2019(1)

Determination Date

16 September 2019

PR Number

PR11580

Applicant/s:

CPRAM Investments Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Lot 564  776383 - 212-220 Summer Street, Orange

Proposal:

Take Away Food and Drink Premises (first use and fit-out) and Business Identification Signage (tenancy 52 - Little Snack Shack)

Value:

$170,000

 

Reference:

DA 288/2019(1)

Determination Date

16 September 2019

PR Number

PR11580

Applicant/s:

Kingdom Projects

Owner/s:

Alceon Group Pty Limited

Location:

Lot 564 DP 776383 - 212-220 Summer Street, Orange

Proposal:

Business Premises (change of use and fit out) and Business Identification Signage (tenancy V8 - Bay Audio)

Value:

$118,000

 

Reference:

DA 298/2019(1)

Determination Date

16 September 2019

PR Number

PR11580

Applicant/s:

Mr J Lin

Owner/s:

Alceon Group Pty Limited

Location:

Lot 564 DP 776383 - 212-220 Summer Street, Orange

Proposal:

Take Away Food and Drink Premises (first use and fit-out) and Business Identification Signage (tenancy 50 - Noodle Time)

Value:

$100,000

 

 

 

Reference:

DA 300/2019(1)

Determination Date

16 September 2019

PR Number

PR11580

Applicant/s:

Alceon Group Pty Ltd

Owner/s:

Alceon Group Pty Ltd

Location:

Lot 564 DP 776383 - 212-220 Summer Street, Orange

Proposal:

Shop (first use and fit-out) and Business Identification Signage (tenancy 33 - Bonds)

Value:

$91,000

 

Reference:

DA 302/2019(1)

Determination Date

16 September 2019

PR Number

PR11580

Applicant/s:

CPRAM Investments Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Lot 564 DP 776383 - 212-220 Summer Street, Orange

Proposal:

Mixed Use Development (shop and business premises) (first uses and fit-out) and Business Identification Signage (tenancy 30 - Orange Health Food)

Value:

$200,000

 

Reference:

DA 303/2019(1)

Determination Date

16 September 2019

PR Number

PR11580

Applicant/s:

CPRAM Investments Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Lot 564 DP 776383 - 212-220 Summer Street, Orange

Proposal:

Take Away Food and Drink Premises (first use and fit-out) and Business Identification Signage (tenancy 51 - Indian Delight)

Value:

$90,000

 

Reference:

DA 306/2019(1)

Determination Date

16 September 2019

PR Number

PR11580

Applicant/s:

Alceon Group Pty Ltd

Owner/s:

Alceon Group Pty Ltd

Location:

Lot 564 DP 776383 - 212-220 Summer Street, Orange

Proposal:

Take Away Food and Drink Premises (first use and fit-out) and Business Identification Signage (tenancy 53 – ISPA Kebabs)

Value:

$240,000

 

Reference:

DA 311/2019(1)

Determination Date

20 September 2019

PR Number

PR11580

Applicant/s:

CPRAM Investments Pty Ltd

Owner/s:

Alceon Group Pty Limited

Location:

Lot 564 DP 776383  - 212-220 Summer Street, Orange

Proposal:

Business Premises (first use and fit-out) and Business Identification Signage (tenancy 35 – Barber Industries)

Value:

$96,000

 

 

 

Reference:

DA 312/2019(1)

Determination Date

20 September 2019

PR Number

PR11580

Applicant/s:

Alceon Group Pty Limited

Owner/s:

Alceon Group Pty Limited

Location:

Lot DP  - 212-220 Summer Street, Orange

Proposal:

Shop (first use and fit-out) and Business Identification Signage (tenancy 45 – Laurie Claire)

Value:

$80,000

 

Reference:

DA 319/2019(1)

Determination Date

20 September 2019

PR Number

PR11580

Applicant/s:

Alceon Group Pty Limited

Owner/s:

Alceon Group Pty Limited

Location:

Lot DP  - 212-220 Summer Street, Orange

Proposal:

Lot 564 DP 776383 – 212-220 Summer Street, Orange

Value:

$150,000

 

TOTAL NET* VALUE OF ALL DEVELOPMENTS APPROVED UNDER DELEGATED AUTHORITY  IN THIS PERIOD:                                                                                                                                $6,679,000.00

* 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 October 2019

2.2     Development Application DA 222/2019(1) - 10 William Street

RECORD NUMBER:       2019/2096

AUTHOR:                       Rishelle Kent, Senior Planner    

 

 

EXECUTIVE Summary

As per Council’s resolution 19/474 at the Council meeting of 19 September 2019, a Notice of Approval has been attached for DA 222/2019(1) for Demolition (tree removal) at Lot 2 DP 714681, 10 William Street, Orange.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.1 Preserve - Engage with the community to ensure plans for growth and development are respectful of our heritage”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves to issue Notice of Approval to DA 222/2019(1) for Demolition (tree removal) at Lot 2 DP 714681 – 10 William Street, Orange in the form of the attached consent.

 

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.

 

 

Attachments

1          Notice of Approval, D19/57056⇩

 


Planning and Development Committee                                                         1 October 2019

Attachment 1      Notice of Approval

 

ORANGE CITY COUNCIL

 

Development Application No DA 222/2019(1)

 

NA19/                                                                    Container PR12663

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application

 

  Applicant Name:

Mrs DV Gee

  Applicant Address:

PO Box 8280

ORANGE EAST  NSW  2800

  Owner’s Name:

Mrs DV Gee

  Land to Be Developed:

Lot 2 DP 714681 - 10 William Street Orange

  Proposed Development:

Demolition (tree removal)

 

 

Building Code of Australia

 building classification:

 

Not applicable

 

 

Determination made under

  Section 4.16

 

  Made On:

1 October 2019

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

2 October 2019

Consent to Lapse On:

2 October 2024

 

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 provide adequate public health and safety measures.

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

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

 

 

 

 

Conditions

 

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

 

(a)      Plan/s (not applicable)

 

(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.

 

 

PRIOR TO WORKS COMMENCING

 

(2)      Due to the nature of the demolition works and the proximity to the public footpath, the applicant is to provide public liability and public risk insurance cover for a minimum of $20,000,000, endorsed to cover Council for its respective rights and interests. Evidence of valid insurance cover must be submitted to Council.

 

(3)      An accredited Traffic Management Plan shall be submitted to, and approved by, Council’s Technical Services Department prior to the commencement of works.

 

(4)      The applicant shall be responsible for any damage caused to Council’s footpath during demolition.  The applicant shall arrange for Council’s Manager Engineering Services to inspect the condition of the footpath in the vicinity of the tree, prior to works commencing.  The applicant shall be responsible for any identified restoration works required to the footpath area following demolition of the tree.

 

 

DURING CONSTRUCTION/SITEWORKS

 

(5)      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.

 

(6)      Following the removal of the tree, a replacement tree capable of reaching 8m in mature height shall be planted in a suitable location elsewhere on the allotment.  The replacement tree shall be a minimum of 75 litre container size at the time of planting.

 

(7)      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:

 

2 October 2019

 

Planning and Development Committee                                                1 October 2019

2.3     Development Application - DA 247/2019(1) - 269-279 Summer Street - (Robertson Park public amenities building)

RECORD NUMBER:       2019/1908

AUTHOR:                       Kelly Walker, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

8 August 2019

Applicant/s

Orange City Council

Owner/s

Orange City Council

Land description

Lot 702 Pce C DP 1002273 - 269-279 Summer Street, Orange

Proposed land use

Recreation Area (public amenities building)

Value of proposed development

$300,000

Council's consent is sought to erect an amenities facility on the northern side of Robertson Park (see Figure 1), near to Byng Street and the CWA Hall, comprising a small toilet building constructed in brick with steel roof and a landscaped steel and timber pergola. The building will include one female, one male, and one accessible toilet; and a service cupboard.

Figure 1 - locality plan

Robertson Park is a listed heritage item, which includes the landscaping, trees, bandstand, war memorial, fountain, and CWA Hall. The site is also within the Heritage Conservation Area. Council’s Heritage Advisor has provided advice prior to lodgement of the application in regards to siting, design, materials, and detailing of the proposed building, in consultation with Council staff. The building will be nearby to a tree, and a Tree Protection Zone (TPZ) is recommended during construction to protect its integrity.

 

The application was advertised for the prescribed period of 14 days and at the end of that period no submissions were received.

Overall, a Section 4.15 assessment of the development indicates that the proposed development is acceptable, subject to the conditions of consent as discussed in the main body of this report. On this basis, it is recommended that Council supports the subject proposal. A draft Notice of Approval is attached.

DECISION FRAMEWORK

Development in Orange is governed by two key documents Orange Local Environment Plan 2011 (LEP) and Orange Development Control Plan 2004 (DCP). 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 provisions of the LEP must be considered by the Council in determining the application. 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. The objectives of each zoning and indeed the aims of the LEP itself are also to be considered and can be used to guide decision making around appropriateness of development.

Orange Development Control Plan 2004 – the DCP provides guidelines for development. In general it is a performance based document rather than prescriptive in nature. For each planning element 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. The DCP enables developers and architects to use design to achieve the planning outcomes in alternative ways.

DIRECTOR’S COMMENT

This amended design and location of a simple toilet block is considered to adequately address concerns raised by members of the public, businesses and community groups.

The proposal provides a practical solution that will allow the construction of a simple building that would not adversely impact on the park in the long term.  It allows for future strategic direction of Robertson Park, provides reasonable separation to the CWA Hall, and adjacent pine tree. The recommendation of staff to approve this amended development is supported.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.1 Preserve - Engage with the community to ensure plans for growth and development are respectful of our heritage”.

Financial Implications

Nil

 

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves to consent to development application DA 247/2019(1) for Recreation Area (public amenities building) at Lot 702 Pce C DP 1002273 - 269-279 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

further considerations

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

SUPPORTING INFORMATION

THE PROPOSAL

The proposal involves the construction of a new amenities facility on the northern side of Robertson Park, near to Byng Street and the CWA Hall, comprising a small toilet building constructed in brick with steel roof and landscaped steel and timber pergola (see Figures 2 and 3).

Figure 2 - proposed location plan (from Drawing number DA 01 A)

The building will measure approximately 8.2m by 3.5m, with a height of 4.58m to the apex. The building will comprise one female cubicle, one male cubicle, and one accessible toilet. The toilets will face into the park (west). A service cupboard is proposed on the eastern elevation. A pergola is proposed on the front (western) elevation, measuring around 3m by 12m (see Figure 3).

 

 

Figure 3 - proposed front (western) and side (southern) elevations (from Drawing number DA 04 A)

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 identifies that Part 7 of the Biodiversity Conservation Act 2016 (BC Act) and Part 7A of the Fisheries Management Act 1994 have effect in connection with terrestrial and aquatic environments.

There are four triggers known to insert a development into the Biodiversity Offset Scheme (ie the need for a BDAR to be submitted with a DA):

·    Trigger 1: development occurs in land mapped on the Biodiversity Values Map (OEH) (Clause 7.1 of BC Regulation 2017).

·    Trigger 2: development involves clearing/disturbance of native vegetation above a certain area threshold (Clauses 7.1 and 7.2 of BC Regulation 2017).

·    Trigger 3: development is otherwise likely to significantly affect threatened species (Clauses 7.2 and 7.3 of BC Act 2016).

In consideration of Triggers 1 and 2, the site is not land that is mapped on the OEH Biodiversity Values Map; only minor clearing of introduced grasses is required to construct the proposed building and put in the required services, and no native vegetation needs to be removed.

With regard to the third trigger, the test for determining whether proposed development is otherwise likely to significantly affect threatened species is listed in the BC Act 2016, under s7.3:

(a)     in the case of a threatened species, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,

(b)     in the case of an endangered ecological community or critically endangered ecological community, whether the proposed development or activity:

(i)      is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

 

(ii)     is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

(c)     in relation to the habitat of a threatened species or ecological community:

(i)      the extent to which habitat is likely to be removed or modified as a result of the proposed development or activity, and

(ii)     whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed development or activity, and

(iii)    the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species or ecological community in the locality,

(d)     whether the proposed development or activity is likely to have an adverse effect on any declared area of outstanding biodiversity value (either directly or indirectly),

(e)     whether the proposed development or activity is or is part of a key threatening process or is likely to increase the impact of a key threatening process.

The proposal intends to retain the adjacent tree, which is mature and provides good canopy to the City, but is not known to be habitat for any species. A Tree Protection Zone (TPZ) will need to be put in place prior to construction to ensure it is protected. Conditions of consent are recommended in relation to this matter. It is considered that the proposal is not likely to significantly affect a threatened species or ecological community pursuant to the BC Act.

The fourth trigger (development proposed to occur in an Area of Outstanding Biodiversity Value (Clause 7.2 of BC Act 2016) is generally not applicable to the Orange LGA; as no such areas are known to occur in the LGA. As such, no further comments will be made against the fourth trigger.

Section 4.15

Section 4.15 of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

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

Orange Local Environmental Plan 2011

Part 1 - Preliminary

 

Clause 1.2 - Aims of Plan

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

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

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

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

The application is considered to be consistent with these aims, as set out in this report.

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 Recreation

Lot Size Map:

No Minimum Lot Size

Heritage Map:

Listed heritage item and within a heritage conservation area

Height of Buildings Map:

Building height limit 6m

Floor Space Ratio Map:

Floor space limit 0.2:1

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:

Within a sensitive waterway

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:

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

The subject site is located within the RE1 Public Recreation zone. The proposed development is defined as a ‘recreation area’ under the LEP as follows:

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 proposed toilet building is considered to be ancillary to the public park, and recreation areas are permitted with consent in this zone. This application is seeking consent.

Clause 2.3 - Zone Objectives and Land Use Table

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned RE1 Public Recreation are as follows:

·    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 proposal is generally consistent with the objectives for the zone in that it provides a public facility which enhances the use of the land for community and recreational use, encourages walking and cycling, and does not impact on the natural environment.

 

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.3 - Height of Buildings

This clause limits the height of buildings (HoB) on land identified on the Height of Buildings Map. The subject land is identified on the Map as having a HoB limit of 6m. The maximum height of the proposed building is 4.58m and is therefore consistent with the established height limit.

Clause 4.4 - Floor Space Ratio

This clause limits the floor space ratio (FSR) permitted on land identified on the Floor Space Ratio Map. The subject land is identified on the Map as having an FSR of 0.2:1. Robertson Park is considered to be community land, and its site area has been calculated under Clause 4.5 as 17,941.2m2, meaning the site may have up to 3,588.2m2 of floor space. The existing CWA Hall and proposed toilet building will be well under this floor space allowance, consistent with the FSR clause.

Part 5 - Miscellaneous Provisions

Clause 5.10 applies and states in part:

(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.

(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).

Robertson Park is a listed heritage item, which includes the landscaping, trees, bandstand, war memorial, fountain, and CWA Hall. The site is also within the Heritage Conservation Area. The Orange Heritage database provides the following statement of significance:

“The park occupies 2 hectares, has an important central location in the city, and has considerable cultural significance in the town's history. Elements of significance which have retained their character include the diagonal layout, trees, bandstand, war memorial, fountain, Boer war memorial lamp post, and CWA Hall”.

 

Furthermore, the listing notes:

“This park is notable for its mature exotic trees - plains and elms on the west and ash and pin oaks on the east. A formal arrangement of paths, made of decomposed granite gravel with concrete edges, runs throughout, with focal points, which include the marble fountain. There is a timber and bluestone bandstand of 1915, with slate roof, an entrance arbour and a monument to the war dead. The grass is predominantly kikuyu. A country Women's Building occupies the north-west corner of the park”.

The park and its features are considered to be in good condition; mark the development of civic design in relation to landscaped amenity and recreational space; and have high level streetscape value. The site is also highly valued by the community. Council’s Heritage Study identifies key elements in the conservation of this important public place, namely the retention and replacement of significant vegetation, the respect and deference to the significant buildings and structures, and future development that respects the pronounced, traditional layout of the park with the central position of the rotunda and pathways and plantings that define the space.

Pre-lodgement discussions were held between the applicant, staff, and Council’s Heritage Advisor as to the appropriate siting, design, detailing, etc. of the amenities building. The Heritage Advisor was in support of the application generally.  Minor architectural and conservation planning recommendations provided by the Heritage Advisor have been include in the attached draft conditions.

The Heritage Advisor concludes that the proposed structure is a building consistent with the use of the park as an area of public open space. The architecture of the proposed building differs to the other elements in the park, which are varied in style and age, but uses complementary scale, materials and detailing. The separation of the building, along with the proposed landscaping, will ensure that it will not challenge or significantly detract from the existing features identified as having heritage significance within the park, such as the bandstand.

Conditions of consent are recommended in regards to materials and colours as discussed above. It is acknowledged that the proposed building will be in proximity to historical interpretive panels fronting Byng Street, the Sir Neville Howse Memorial (see Figure 4), and the Boer War Memorial. The proposed building is likely to adversely impact on the Sir Neville Howse Memorial given its close proximity, through a reduction in its circulation area, and making it less visible from certain viewpoints within the park. The viewpoints towards the Boer War Memorial will also be obscured from Byng Street through the siting of the proposed building.

 

 

Figure 4 – Sir Neville Howse Memorial viewed looking east towards McNamara Street

The applicant notes that in the short-term it is intended to review the impact on the memorials after the building is constructed; and in the medium-term, move memorials to the Southern end of the park in consultation with the RSL sub-branch, and taking into consideration the recommendations from Council’s Heritage Advisor that all war memorials be located together. The applicant also anticipates that a revised Plan of Management will be prepared for the park in line with the Crown Land Management Act 2016.

It is noted that work has begun for Orange City Council’s OC Future City initiative to transform Orange’s CBD, which includes plans for Robertson Park. While this is only in the preliminary planning stages, recent consultation documents in relation to scene setting, strategies for built form, place and movement, and direction for memorials in Robertson Park have been taken into account in designing and siting the proposed building.

It is considered reasonable that the relocation of any of the memorials is given consideration at a later stage, to tie in with the Future City project, rather than be hasty and move it as part of the construction of the amenities block subject to this application. This will ensure all relevant stakeholders are involved in any changes made, and that the park and its features tie in with the other CBD initiatives that come out of the project. Conditions of consent are recommended in relation to Council’s Heritage Advisor’s recommendations, including a CMS to guide future development in the park, and incorporating interpretive historical panels into the proposed pergola to mitigate impacts and consolidate structures in this area of the park.

 

The trees and plantings within the park are also part of the heritage listing, and the proposed building is in close proximity to a tree, which may be affected during construction. Council’s Manager City Presentation recommends conditions of consent requiring a TPZ to protect the integrity of the tree during construction. The proposal seeks to provide additional plantings on the proposed pergola structure, which will assist in blending the building into the park, however, species have not been identified at this stage. A condition of consent is recommended that a landscaping plan be submitted to assess the appropriateness of the proposed trees, in consultation with Council’s Manager City Presentation.

It is considered that a possibility exists for archaeological material to exist under this site, given the park's position near the heart of the first settlement of the township in the early 20th Century. As a precaution, a condition of consent is recommended to address potential archaeological artefact finds on the site during construction.

Overall, it is considered that the proposal meets the objectives of LEP Clause 5.10, and is unlikely to have any significant impacts on the historical values of the park and the surrounding heritage setting.

Part 6 - Urban Release Area

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

Part 7 - Additional Local Provisions

7.1 - Earthworks

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

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

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

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

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

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

(f)     the likelihood of disturbing relics

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

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

The earthworks proposed in the application are limited to the extent of minor cutting required for the construction of the proposed building. The earthworks can be appropriately supported onsite, and the change in ground level is not substantial. 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. As discussed above it is considered that a possibility exists for archaeological material to exist under this site. Conditions are recommended 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, as noted in the LEP Heritage assessment earlier in this report.

Conditions are also recommended to require a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries during construction.

7.2 - Flood Planning

This clause applies to land identified on the Flood Planning Map as a Flood Planning Area and requires that, before any consent is issued, Council must be satisfied that the proposal:

(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 this regard the proposed development is unlikely to change flooding regimes on or off the site, and would be unlikely to cause or contribute to erosion, siltation or reduce riparian vegetation, therefore unlikely to create a cost burden on the community or neighbours.

 

7.3 - Stormwater Management

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

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

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

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

The proposed building is modest in size and a substantial portion of the park will be retained as permeable surfaces, therefore post-development runoff levels are unlikely to exceed the pre-development levels. The proposal will be connected to the existing stormwater system, and monetary contributions towards water, sewer and drainage will be required, and a recommended condition of consent is attached.

 

7.5 - Riparian Land and Watercourses

This clause seeks to preserve both water quality and riparian ecological health. The clause applies to land identified as a “Sensitive Waterway” on the Watercourse Map. The subject land contains such a waterway and therefore Council must consider whether or not the proposal:

(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.

Additionally, consent may not be granted until 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.

While the subject site contains a sensitive waterway and key fish habitat, the waterway runs underground, underneath the park. The proposed development seeks to construct a small building, which will result in negligible difference in stormwater runoff for the overall site. Additionally, stormwater and sewer will be connected to the existing systems.

Overall, while there will always remain a risk to the waterway under extreme circumstances such as record storms and the like, it is considered that the risk of adverse impact can be appropriately managed to an acceptable level of risk.

7.6 - Groundwater Vulnerability

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

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

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

 

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

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

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

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

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The proposal will be connected to the existing sewer system, and monetary contributions towards water, sewer and drainage will be required. Overall, 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 onsite conservation,

(e)     suitable road access.

In consideration of this clause, all utility services are available to the land and adequate for the proposal. A condition of consent requires monetary contributions towards water, sewer and drainage works given the increased demand the proposal will place on these services (i.e. new toilets and hand basins).

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 this case, Council has no records that indicate the land was used for any purpose that was likely to have caused contamination of the site. The potential for contamination of the site is considered to be very low, where it has a long-standing history of being used for open space and recreation, and the proposal does not seek to change this use. On the basis of available evidence, it is considered that the site is suitable for the proposed use and no further preliminary investigation is required to satisfy the requirements of the SEPP.

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

From 31 January to13 April 2018 the Department of Planning and Environment publically exhibited an Explanation of Intended Effect (EIE) and Draft Planning Guidelines for the proposed Remediation of Land SEPP, which will repeal and replace State Environmental Planning Policy 55 – Remediation of Land (SEPP 55). Of particular note, the Draft Planning Guidelines state:

“In undertaking an initial evaluation, a planning authority should consider whether there is any known or potential contamination on nearby or neighbouring properties, or in nearby groundwater, and whether that contamination needs to be considered in the assessment and decision making process.”

“If the planning authority knows that contamination of nearby land is present but has not yet been investigated, it may require further information from the applicant to demonstrate that the contamination on nearby land will not adversely affect the subject land having regard to the proposed use.” (Proposed Remediation of Lands SEPP - Draft Planning Guidelines, Page 10).

As set out in the SEPP 55 assessment above, the site has a long-standing history of being used for open space and recreation, and is not known to be contaminated. Likewise, surrounding land is not known to be contaminated. In consideration of the draft guidelines, further contamination investigation is not required in this case.

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 (“the DCP”) applies to the subject land. An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

Chapter 11 - Land Used for Open Space and Recreation

The planning outcome for this chapter of the DCP states that development should be carried out in accordance with the relevant adopted plan of management.

Robertson Park is considered to be public and community land, with the registered owner being the Crown, with care, control and management being vested in Orange City Council. There is no Plan of Management that applies to the site, and Council has previously resolved to apply the provisions of its generic "Plan of Management for Local and Neighbourhood Parks" (the ‘Plan’), to all its reserves and open space areas.

The Plan contains over-arching “core objectives” that should be considered in this assessment, as follows:

1   To encourage and facilitate recreational, cultural social or educational pastimes or activities.

2   Provide for passive recreational activities or pastimes and for the casual playing of games

3   Improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.

The Plan details provisions about how these objectives might be achieved, principally with landscape preservation, protection of native vegetation, equipment, access, neighbourhood amenity, and risk management. The Plan allows for public amenities buildings where appropriately sited on land generically reserved as public space or local open space. Such appropriateness needs to be determined on a case-by-case basis. The following additional criteria needs to be considered:

·    The need for the proposed development on that land.

·    The impact of the proposed development on the existing or likely future use of the land.

·    How any proposed building complements the use of the land as open space?

·    Whether public use of, and access to, the site will be affected and to what extent.

It is considered that the proposed development is consistent with the above criteria and core objectives of the Plan, where it supports the use of the public open space for recreational, cultural and social activities; provides necessary amenity (toilet) facilities for the park; will not impact on ongoing or future use of the land; does not interfere with the flood characteristics of the area; and public use and access to and within the park will not be affected.

Overall, the proposed development is consistent with the relevant Plan and Chapter 11 of the DCP.

Chapter 13 - Heritage

Robertson Park is part of the Central Orange Conservation Area and is identified as a Heritage Item of local significance. The significance and impacts on the heritage setting have previously been addressed in the LEP Clause 5.10 assessment earlier in this report, where it was concluded that the proposed building is unlikely to significantly impact the heritage character of the park, locality, or wider conservation area.

Chapter 15 - Car Parking

The DCP does not set out car parking rates for areas of public open space. As the proposed development only seeks to improve the park and public amenities, it is not expected that the proposed development will increase the demand for car parking. It is noted that some travellers will stop at the park specifically to use the toilets, however, most patrons will already be utilising the park or surrounding areas, and therefore the demand has already been accounted for. It is considered that there is ample on-street car parking surrounding the park for users of the park, toilets, and neighbouring businesses. Most of the on-street parking is time restricted during peak hours, allowing for a greater availability and high turnover.

Council’s Heritage Advisor recommends that a disabled parking bay is marked nearby to the amenities block, as there are currently no disabled bays servicing the park. It is recommended that The City of Orange Traffic Committee consider this under separate cover.

Overall, the application is considered acceptable in regards to car parking.

Infill Guidelines

Development in a heritage setting must be assessed against Council’s Infill Guidelines. Heritage matters have already been addressed in the LEP Clause 5.10 Heritage assessment earlier in this report.

Section 64 Water and Sewer Headworks Charges

Pursuant to Section 64 of the Local Government Act 1993 water and sewer headwork charges are applicable to the proposal due to the increased demand on Council’s existing water and sewer systems (i.e. additional toilets and hand basins). The contributions for water and sewer works are based on 1 additional ET for water supply headworks and 1 ET for sewerage headworks. Conditions are recommended requiring payment of contributions prior to issuing of a Construction Certificate.

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)

Council’s Environmental Health and Building Surveyor comments that the building will have minimal fire safety requirements due to its size and non-combustible construction. This will be assessed at Construction Certificate stage.

Buildings to be Upgraded (clause 94)

Council’s Environmental Health and Building Surveyor comments that the proposed building will be at least 6m from the CWA hall and will not cause any upgrading requirements for that building.

 

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development, however Section J of the BCA applies, which will be assessed at Construction Certificate stage.

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

Visual and Heritage Impacts

As set out in the heritage assessment earlier in this report, the design and siting of the proposed building has been worked up in close consultation with Council’s Heritage Advisor and Council staff. Conditions of consent are recommended in regards to materials and colours, establishing a TPZ during construction to protect the adjacent tree, and a landscaping plan will need to be submitted for further assessment. A CMS is also recommended to guide future development in the park, and to tie in with the Future City project. The possible relocation of the nearby memorials can be dealt with at a later stage as part of those upcoming processes.

Subject to these conditions, and Council reviewing the location of the Sir Neville Howse Memorial in the medium future, adverse visual and heritage impacts on the surrounding locality, conservation area, streetscape, and neighbouring properties are unlikely.

Traffic Impacts

It is not expected that the proposed development will increase the demand for car parking, or trip generation/traffic movements. While it is noted that some travellers will stop at the park specifically to use the toilets, most patrons will already be utilising the park or surrounding areas, and therefore the parking demand and traffic movements have already been accounted for. It is considered that there is ample on-street car parking surrounding the park for users of the park, toilets, and neighbouring businesses. Most of the on-street parking is time restricted during peak hours, allowing for a greater availability and high turnover. A disabled car parking bay on Byng Street is recommended to service the toilets, to be considered by the City of Orange Traffic Committee under separate cover. Overall, it is considered that adverse traffic impacts are unlikely.

Safety and Security Impacts

The NSW Department of Planning "Crime Prevention and the Assessment of Development Applications”, referred to as Crime Prevention through Environmental Design (‘CPTED’), sets out preferred methodologies for both assessing and minimising the security risks posed by development. The broad considerations in relation to this proposal are as follows:

Surveillance

Good surveillance means that people can see what others are doing. People feel safe in public areas when they can easily see and interact with others. Would be offenders are often deterred from committing crime in areas with high levels of surveillance... ‘Deterrence’ can be achieved by:

·    Clear sightlines between public and private places.

·    Effective lighting of public places.

·    Landscaping that makes places attractive, but does not provide offenders with a place to hide or entrap victims.

In general, the proposed development is consistent with the surveillance principals. There are existing lights in the park nearby to the proposed location, and lights will also be installed on the building. The sightlines of the premises are considered satisfactory and landscaping can be further assessed to ensure compliance with the principals of the code.

Access Control

Effective access control can be achieved by creating:

·    Landscapes and physical locations that channel and group pedestrians into target areas.

·    Public spaces which attract, rather than discourage people from gathering.

·    Restricted access to internal areas or high-risk areas (like car parks or other rarely visited areas). This is often achieved through the use of physical barriers.

As an amenities facility, the male and female toilet areas will be clearly marked, and the cubicles clearly delineated inside the building, to achieve area classification consistent with the access control provisions. People that make a habit of loitering around the toilets will almost certainly be noticed in this prominent location, and this in itself will act as a deterrent to undesirable gathering. Details in regards to opening times have not been provided with the application, however, it is considered that the applicant will be able to monitor and manage this issue.

Territorial Reinforcement

Community ownership of public space sends positive signals. People often feel comfortable in, and are more likely to visit, places which feel owned and cared for. Well used places also reduce opportunities for crime and increase risk to criminals. If people feel that they have some ownership of public space, they are more likely to gather and to enjoy that space. Community ownership also increases the likelihood that people who witness crime will respond by quickly reporting it or by attempting to prevent it.

Territorial reinforcement can be achieved through:

·    Design that encourages people to gather in public space and to feel some responsibility for its use and condition.

·    Design with clear transitions and boundaries between public and private space.

·    Clear design cues on who is to use space and what it is to be used for. Care is needed to ensure that territorial reinforcement is not achieved by making public spaces private spaces, through gates and enclosures.

The proposed amenities facility will be located within Robertson Park, which is an area traditionally having a high sense of community ownership and use. Signage, doors and landscaping will delineate the different spaces.

Concerns have been raised previously by the community about safety and security late at night, which reflects a common sense observation that the provision of a public toilet in a public space carries with it inherent risk from the standpoint of security. The question should not, however, be whether there is a risk arising due to security, rather, whether there is a significant or excessive risk arising.

 

It is considered that the risks can be minimised through design, as discussed above, adequate lighting, setting and monitoring appropriate open and closed/locked times, as well as having regular but unscheduled cleaning and maintenance checks.

Overall, it is considered that the location of the proposed facility is consistent with the CPTED guidelines, and is unlikely to result in adverse safety and security impacts subject to appropriate management of the facility and installation of security lighting.

Environmental Impacts

As set out in the assessment earlier in this report, impacts in terms of flooding, sensitive waterways, key fish habitat, soil erosion, and groundwater are unlikely, and can be adequately mitigated through conditions of consent, design, and engineering.

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

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

·    Recreation areas are permitted in the RE1 zone pursuant to the LEP.

•    The proposal seeks to continue to use the land for recreational purposes.

·    The proposal will not adversely impact on the existing use of the park or surrounding land uses.

·    There is no known contamination on the land.

·    All utility services are or can be made available and adequate.

·    The site is subject to flooding, however, potential impacts can be minimised through design and materials.

·    The site is not subject to other known natural hazards.

·    The subject land has no biodiversity or habitat value.

·    The site is in proximity to a sensitive waterway, however, potential impacts can be avoided through appropriate design and engineering.

·    The proposal will not impact on public access in or around the park.

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 DCP. The application was advertised for the prescribed period of 14 days and at the end of that period no submissions were received.

PUBLIC INTEREST s4.15 (1) (e)

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

 

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of Orange LEP 2011 (as amended) and DCP 2004. A Section 4.15 assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner?

COMMENTS

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

 

Attachments

1          Notice of Approval, D19/56963⇩

2          Plans, D19/52892⇩

  

Planning and Development Committee                                                         1 October 2019

Attachment 1      Notice of Approval

 

ORANGE CITY COUNCIL

 

Development Application No DA 247/2019(1)

 

NA19/                                                                    Container PR17291

 

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 702 Pce C DP 1002273 - 269-279 Summer Street, Orange

  Proposed Development:

Recreation Area (public amenities building)

 

 

Building Code of Australia

 building classification:

 

Class to be determined by the PC

 

 

Determination made under

  Section 4.16

 

  Made On:

1 October 2019

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

2 October 2019

Consent to Lapse On:

2 October 2024

 

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)      DA 01-06 A, prepared by Architecture Raw, and dated 29/8/14 (6 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.

 

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(3)      Prior to the issuing of a Construction Certificate, a detailed plan for the pergola landscaping shall be submitted to, and be approved by Council’s Manager Development Assessments and Manager City Presentation.

 

(4)      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.

 

(5)      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 Construction Certificate.

 

(6)      Prior to the issue of a Construction Certificate the plans shall be amended as follows:

·    the building shall be constructed of flood compatible materials

·    designed to resist stream flow pressure, force exerted by debris, buoyancy and sliding forces caused a 1% AEP flood event

·    all electrical connections shall be located a minimum of 1.0m above natural ground level.

 

 

PRIOR TO WORKS COMMENCING

 

(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.

 

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

 

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

 

 

DURING CONSTRUCTION/SITEWORKS

 

(10)    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.

 

(11)    Prior to works commencing, Tree Protection Zones (TPZs) in accordance with the relevant Australian Standard AS4970-2009 Protection of Trees On Development Sites shall be established around all individual trees within the vicinity of construction and earthworks to ensure that their health and vigour is not compromised by earthworks, plant, machinery or other construction facilities and activities.

 

The TPZs shall remain free of excavation, storage or stockpiling of materials, machinery/equipment, site sheds, etc.

These measures shall be implemented for the duration of the construction period, and shall be undertaken in consultation with, and following approval by, Council’s Manager City Presentation.

 

(12)    The amenities block hereby approved shall be constructed using:

(i)       dark blue grey bricks with coloured joints to the base and upper portions of the building

(ii)      timber pergola slats beneath a grey tinted pergola roof

(iii)     deco-granite paving, limited to the front of the building (i.e. no paving elsewhere)

(iv)     interpretive panels in new vertical panel style integrated with the pergola, in consultation with Council’s Heritage advisor and officer.

The above materials, colours and detailing shall be installed in accordance with the approved plans and this condition prior to the issuing of an Occupation Certificate. Where there are any inconsistencies between this condition and the approved plans, this condition prevails.

 

(13)    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.

 

(14)    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.

 

(15)    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

 

(16)    Prior to the issuing of any Occupation Certificate, the pergola landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

 

(17)    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.

 

(18)    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.

 

 (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)    Within 12 months of the issuing of this consent, a Simple Conservation Management Strategy (CMS) for Robertson Park, prepared by a suitably qualified heritage consultant, shall be submitted to Council’s Manager Development Assessments for approval. The CMS shall identify all key aspects of the park, and provide guidelines for future development use, to assist in the conservation of the place.


 

ADVISORY NOTES

 

(1)      The applicant shall review the location of the Sir Neville Howse Memorial in consultation with relevant stakeholders and Council officers, and taking into consideration the Conservation Management Strategy (CMS) as required by this consent, and the Future City CBD project.

 

 

 

 

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 October 2019

 

Planning and Development Committee                                                                          1 October 2019

Attachment 2      Plans

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