Agenda of Planning and Development Committee

Planning and Development Committee 3 November 2020

2.1 Item Approved Under the Delegated Authority of Council

RECORD NUMBER: 2020/1937

AUTHOR: Paul Johnston, Manager Development Assessments

EXECUTIVE Summary

Following is a list of more significant development applications approved by the Chief Executive Officer under the delegated authority of Council. Not included in this list are residential scale development applications that have also been determined by staff under the delegated authority of Council (see last paragraph of this report for those figures).

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.

Reference:	DA 350/2016(3)	Determination Date	6 October 2020
PR Number	PR28377
Applicant/s:	Newstead Property Nominees Pty Ltd
Owner/s:	Newstead Property Nominees Pty Ltd
Location:	Lot 101 DP 1252700, Lots 102, 103 and 104 DP 1260853 – 47, 47A and 49 Kite Street, and 49 Hill Street, Orange
Proposal:	Modification of development consent - demolition (ancillary structures), subdivision (Torrens Title - four lot residential), dwellings (two dwellings), multi dwelling housing (seven dwellings) and subdivision (Community Title - eight lot residential). The modification sought to: · adjust fencing styles and heights for new internal fencing · delete the requirement to paint the fence · demolish a light weight steel pergola on the western elevation of the former mansion · demolish a portion of the existing concrete retaining wall that retains the change in ground level between the former bowling greens and ground levels around the former Newstead Mansion. The wall is proposed to be reconstructed on the new boundary between the mansion and Dwelling 2.
Value:	Not Applicable

Reference:	DA 1/2019(3)	Determination Date	13 October 2020
PR Number	PR27987
Applicant/s:	Orange City Council
Owner/s:	Orange City Council
Location:	Lot 804 DP1240445, 36 Astill Drive, Orange
Proposal:	Modification of development consent - animal shelter. The modified proposal sought consent to alter the internal configuration of the animal shelter, as well as inclusion of an additional window opening (3) to the front and rear building facades.
Value:	Not applicable

Reference:	DA 120/2020(2)	Determination Date	25 September 2020
PR Number	PR1206
Applicant/s:	McDuck Properties Pty Limited
Owner/s:	Thomsons Corner Pty Limited
Location:	Lot 507 DP 712206, Lot 3 DP 37362, Lot 4 DP 37362 - 52-54 Bathurst Road, 25 Eyles Street, Orange
Proposal:	Modification of development consent - take away food and drink premises and signage. The modification involved changing the following conditions and updating the approved plans: Condition No 6 - Blade Signs Condition No 8 - Landscape Plan Condition No 15 - Engineering Condition No 20 - Minimum Floor Level. The revised plans made a small adjustment to the building’s footprint from 258m² to 246m². The change in the footprint has come about due to final configuration of the building.
Value:	Not Applicable

Reference:	DA 305/2019(2)	Determination Date	28 September 2020
PR Number	PR27858
Applicant/s:	Hibbards Pty Ltd
Owner/s:	Housing Plus
Location:	Lot 99 DP 1234441 - 7 Emerald Street, Orange
Proposal:	Modification of development consent - multi dwelling housing. The modification involved the approved development to effect minor changes to the site layout and building design, including vehicle accommodation; openings to units; external finishes; rainwater tanks; and site landscaping.
Value:	Not Applicable

Reference:	DA 206/2020(1)	Determination Date	22 September 2020
PR Number	PR12990
Applicant/s:	Spring Hill Activities Group Incorporated
Owner/s:	Orange City Council
Location:	Lot 7004 DP 1020289 - Baker Street, Spring Hill
Proposal:	Recreation area (War Memorial – Honour Wall)
Value:	$4,000

Reference:	DA 244/2020(1)	Determination Date	12 October 2020
PR Number	PR12289
Applicant/s:	Mr DA Thurtell
Owner/s:	Mr DA Thurtell
Location:	Lot 8 Sec 9 DP 2986 – 13 Wakeford Street, Orange
Proposal:	Subdivision (three lot Torrens Title), demolition (outbuildings and tree removal), alterations and additions to existing dwelling and construction of dwelling houses (two new dwelling houses)
Value:	$750,000

Reference:	DA 290/2020(1)	Determination Date	29 September 2020
PR Number	PR11585
Applicant/s:	Built
Owner/s:	Dalehaven Pty Limited
Location:	Lot A DP 163869 - 196 Summer Street, Orange
Proposal:	Business premises (alterations to shopfront) and business Identification signage
Value:	$93,500

Reference:	DA 296/2020(1)	Determination Date	6 October 2020
PR Number	PR11480
Applicant/s:	BP Australia
Owner/s:	Trustees Roman Catholic Church
Location:	Lot 2 DP 518890, Lot 2 DP 71369, Lot 1 DP 909617, Lot 11 DP 1136660 – 87‑91 Summer Street, Orange
Proposal:	Service station (alterations and additions (new facade and fuelling canopy)) and business identification signage (upgrade and illuminated signage)
Value:	$500,000

Reference:	DA 318/2020(1)	Determination Date	22 September 2020
PR Number	PR26102
Applicant/s:	Akura Properties Pty Ltd
Owner/s:	Akura Properties Pty Ltd
Location:	Lot 6 DP 1183249 - 231 McLachlan Street, Orange
Proposal:	Subdivision (eight lot Strata)
Value:	Not Applicable

Reference:	DA 322/2020(1)	Determination Date	5 October 2020
PR Number	PR8765
Applicant/s:	Mr L Davis
Owner/s:	OSCD Pty Ltd
Location:	Lot 22 DP 533301 - 146 Moulder Street, Orange
Proposal:	Recreation facility (indoor) (alterations to existing squash courts for the purpose of a gym)
Value:	Not Applicable

Reference:	DA 344/2020(1)	Determination Date	28 September 2020
PR Number	PR26463
Applicant/s:	Orange City Council
Owner/s:	Orange City Council
Location:	Lots 105 and 106 DP 1194589 – 24 and 30 Astill Drive, Orange
Proposal:	Subdivision (boundary adjustment)
Value:	Not Applicable

TOTAL NET* VALUE OF DEVELOPMENTS APPROVED BY THE CEO UNDER DELEGATED AUTHORITY IN THIS PERIOD: $1,347,500.00

* 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.

Additionally, since the October PDC meeting report periods (25 September to 22 October2020), another 17 development applications were determined under delegated authority by other Council staff with a combined value of $2,075,160.

Planning and Development Committee 3 November 2020

Attachment 2 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 259/2020(1)

NA20/ Container PR7567

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:	Attention Mr S Maunder Director, Community Recreation and Cultural Services PO Box 35 ORANGE NSW 2800
Owner’s Name:	Crown
Land to Be Developed:	Lots 7 and 8 DP 820905 – March and Peisley Streets, Orange
Proposed Development:	Mixed Use Development (community facility (conservatorium) and information and education facility (planetarium))

Building Code of Australia building classification:	To be determined by the PC

Determination made under Section 4.16
Made On:	To be advised
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	To be advised
Consent to Lapse On:	To be advised

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure a quality urban design for the development which complements the surrounding environment.

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

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

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

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

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

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

Conditions

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

(a) Drawings by Brewster Horth Architects

Drawing Nos. A000, A100, A101, A110, A111, A112, A200, A201, A202, A203, A204, A205 (12 sheets)

Landscape Plan by Taylor Brammer

Drawings Nos. LC01 – 02 Revision A dated 13 November 2017 (2 sheets)

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

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(4) An amended landscape plan shall be submitted to Council for the approval of the Manager City Presentation.

The plan shall incorporate the following amendments:

· Retention of Tree 30 Taxodium distinchum (Swamp cypress)

· Dialogue Point 5: species selection to the planetarium dome to be Vitus vinifera (Ornamental Grape) or Parthenocissus tricuspidata (Boston Ivy).

· Dialogue Point 9: deletion of bulb plantings to grassed area

· Dialogue Point 15: thinning of maple Trees 14-18 (Acer saccharum/ Acer sacchararinum)

· Dialogue Point 17: an evergreen screen to the substation comprising Magnolia ‘Teddy Bear’

· Deletion of following species from Indicative Plant List:

Trees: Pyrus calleryana ‘Chanticlear’. Replace with more colour autumn foliage species

Shrubs: Azalea, Camellia and Rhododendron

Groundcovers: Grevillea ‘Bronze Rambler’, Myoporum and Nandina domestic ‘Nana’ Climbers:Trachelospermum jasminoides

· A street tree in the March Street road formation at the site frontage (location and species to be determined by Manager City Presentation).

(5) The colour of the glazing fins on the March Street elevation shall be amended to a lighter colour, reflecting finishes of the built form in the streetscape. Details shall be provided on the Construction Certificate drawings for the approval of the Manager Development Assessment.

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

(7) Detailed plans and specifications are to be provided specifying the proposed fitout of the food preparation and storage areas in accordance with the requirements of Australian Standard 4674-2004 "Design and construction and fitout of food premises" and Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code.

(8) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(9) Prior to the issue of a Construction Certificate the proponent shall develop a Construction Environmental Management Plan (CEMP) to ensure the management measures identified in the Remediation Action Plan dated 2 May 2018 (ref. 2016-GD032-RP3-draft) prepared by Ground Doctor Pty Ltd and amended by UPSS Decommissioning Report dated 8 August 2018 (ref. 2016-GD032-RP4-final) prepared by Ground Doctor Pty Ltd, are implemented in relation to contamination of the soil containing TRH / PAH; BTEX; naphthalene and lead, including excavation of contaminated UPSS soil, vapour management, and soil disposal.

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

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

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

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

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

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

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

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

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

(13) The existing lot shall be provided with a concrete interlot stormwater drainage pit connected to the piped stormwater network. Engineering plans for this drainage system are to be approved by Orange City Council prior to the issuing of a Construction Certificate.

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

(15) 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 9.20 ETs for water supply headworks and 14.49 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.

(16) A Road Opening Permit in accordance with Section 138 of the Roads Act 1993 must be approved by Council prior to a Construction Certificate being issued or any intrusive works being carried out within the public road or footpath reserve.

(17) Prior to the issue of a Construction Certificate the plans shall be amended to indicate a minimum ground floor level of 860.260m AHD.

(18) The existing stormwater channel that crosses the site is to be accurately located. Where the channel structure is positioned beneath or adjacent to any proposed building work, measures are to be taken to prevent any construction or building loads being applied to the stormwater channel structure. Structural engineer’s details of any adjacent structures shall be provided to Orange City Council for approval prior to the issue of a Construction Certificate.

The stormwater channel shall be fenced off during construction. Plans shall be prepared to indicate the extent of the no-go zone fencing and signage. The fencing and signage shall be installed prior to the commencement of works and maintained for the full duration of the project.

PRIOR TO WORKS COMMENCING

(19) 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.

(20) 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.

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

DURING CONSTRUCTION/SITEWORKS

(22) 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.

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

(24) All materials on site or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

(25) The development shall be undertaken in accordance with the requirements of the Remediation Action Plan, dated 2 May 2018 (ref. 2016-GD032-RP3-draft) prepared by Ground Doctor Pty Ltd; as amended by the UPSS Decommissioning Report, dated 8 August 2018 (ref. 2016-GD032-RP4-Final) prepared by Ground Doctor Pty Ltd.

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

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

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

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

(29) All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code.

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

(31) The existing kerb and gutter layback that is not proposed to be used is to be replaced with standard concrete kerb and gutter and the adjacent footpath area re‑graded to the shape and level requirements of footpaths in the Orange City Council Development and Subdivision Code.

(32) The existing stormwater channel that crosses the site is to be accurately located. Where the channel structure is positioned adjacent to any proposed building work, measures are to be taken in accordance with Orange City Council Policy - Building over and/or adjacent to sewers ST009.

(33) A concrete footpath, a minimum of 1.2 metres wide, shall be constructed for the full frontage of March Street.

Construction work is to be to the requirements and standards of the Orange City Council Development and Subdivision Code and Road Opening Permit.

(34) A no stopping sign and 45⁰ angle parking sign shall be installed on the March Street frontage adjacent to the Peisley Street intersection.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(35) Landscaping shall be installed in accordance with the approved and amended plans and shall be permanently maintained to the satisfaction of Council's Manager City Presentation.

(36) Closed circuit television shall be installed to all public areas and supported by suitable lighting.

(37) 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.

(38) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

(39) 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.

(40) Prior to issue of an Occupation Certificate a validation report is to be provided to Council in relation to all remediation work undertaken in accordance with the Remediation Action Plan dated 2 May 2018 (ref. 2016-GD032-RP3-draft) and amended by UPSS Decommissioning Report dated 8 August 2018 (ref. 2016-GD032-RP4-final) prepared by Ground Doctor Pty Ltd. The validation report is to be prepared in accordance with NSW EPA Guidelines for Consultants Reporting on Contaminated sites (2011) and Guidelines for the NSW Site Auditor Scheme (2017).

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

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

(43) A Road Opening Permit Certificate of Compliance is to be issued for the works by Council prior to any Occupation/Final Certificate being issued for the development.

(44) 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

(45) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

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

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:	To be advised

Planning and Development Committee 3 November 2020

2.4 Development Application DA 238/2020(1) - 86-102 Summer Street (Summer Centre)

RECORD NUMBER: 2020/2129

AUTHOR: Paul Johnston, Manager Development Assessments

EXECUTIVE Summary

The subject application proposes the construction of a four storey building comprising 98 hotel or motel accommodation rooms, pub and bistro, retail shops, basement parking and associated facilities, demolition and subdivision of land on land described as Lot 12 DP 1255039, 86-102 Summer Street, commonly known as the “Summer Centre” shopping complex within the CBD and occupies the majority of the block bound by Sale Street, Kite Street, Hill Street and Summer Street.

The development has a capital investment value of approximately $25 million.

Council is the consent authority for the proposed development.

Given the considerable number of applications that Council received this year and the need to ensure that development applications for significant development within the City are determined in a timely manner, Council commissioned Keylan Consulting Pty Ltd to carry out an independent planning assessment of the above described development application. The assessment report, draft Notice of Determination, plans and submissions are attached for Council’s consideration.

The key issues identified and considered in the attached assessment report relate to, traffic, car parking, heritage, built form and design including a Clause 4.6 request to vary the development standard relating to building height. A series of conditions of consent have been recommended to address the various issues identified in the assessment.

The application was formally advertised in accordance with Council’s Community Participation Plan. During the exhibition period Council received six written submissions which included three agency submissions. The matters raised in the submissions have been addressed in the attached assessment report.

Council staff concur with the content of the attached assessment report and the conditions of consent included in the attached recommended Notice of Determination. It is recommended that Council supports the subject development.

DECISION FRAMEWORK

Development in Orange is governed by two key documents Orange Local Environment Plan 2011 and Orange Development Control Plan 2004.

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

The proposal involves a substantial commercial development within the CBD. Key planning issues identified in the consultant’s assessment relate mainly to heritage, built form and design of the proposed complex on what is identified as a key gateway site to the CBD.

In particular it should be noted that the application seeks a departure to the required height development standard that applies to the subject site. The applicant has submitted a Clause 4.6 request to vary the subject development standard. The attached consultant report from Keylan Consulting includes a detailed assessment of this issue and concludes that the variation is reasonable in this case.

The attached recommended Notice of Determination includes a series of conditions that reflect the conclusions in the consultant’s assessment report and are considered appropriate for the subject development. It is recommended that Council supports the subject development.

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:

1 That the information contained in the assessment report by Keylan Consulting for development application DA 238/2020(1) – proposed Mixed Use Development (hotel or motel accommodation , pub and shops, subdivision) (two lot Torrens title and three lot Strata title) and Demolition at Lot 12 DP 1255039 - 86-102 Summer Street, Orange be acknowledged.

2 That Council consents to development application DA 238/2020(1) – proposed Mixed Use Development (hotel or motel accommodation, pub and shops, subdivision) (two lot Torrens title and three lot Strata title) and Demolition at Lot 12 DP 1255039 – 86‑102 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

Reference is made to the abovementioned development application. The proposed development involves the construction of a mixed use commercial building, comprising:

· a four-storey building with a gross floor area (GFA) of 6,004 m²

· hotel or motel accommodation uses on the top three floors comprising 98 accommodation rooms, reception, lounges, café, function room, bars, gym, pool and a roof terrace

· pub and bistro uses on the ground floor with a courtyard

· retail shops on ground floor

· associated support spaces and facilities

· basement parking with 189 spaces.

In addition the applicant proposes a two lot Torrens title subdivision of Lot 12 in DP 1255039. Proposed Lot 101 will comprise the land to which the proposed new building will be constructed, with an area of 3,264m². Proposed Lot 102 will include the remainder of the site comprising the main shopping complex, building at 41 Sale Street and on grade parking areas, with an area of 1.782 hectares (ha). The application also proposes a subsequent strata subdivision and stratum subdivision of proposed Lot 101 to separate the proposed uses and communal property.

Council engaged the services of Keylan Consulting Pty Ltd to undertake an independent assessment of the Development Application and to provide a recommendation for determination of the DA, including any recommended conditions of consent. Attached for Council’s consideration is a copy of the planning assessment report from Council’s consultant, accompanying plans, draft Notice of Determination and submissions for the subject application. The assessment report by Keylan Consulting outlines an assessment of the extent of the environmental impacts, with recommendations presented within the report for Council’s consideration.

The key issues identified and considered in the attached assessment report relate to, traffic, car parking, heritage, built form and design including the proposed Clause 4.6 request to vary the development standard relating to building height. A series of conditions of consent have been recommended to address the various issues identified in the assessment.

Traffic modelling for the development was undertaken as part of the Traffic Impact Assessment of the development. In accordance with the requirements of State Environmental Planning Policy (Infrastructure) Council is required to consider the requirements of TfNSW in determining the application. The requirements of TfNSW have subsequently been reviewed by Council’s Technical Services Team and have been included in the recommended Notice of Determination. A copy of the submission from TfNSW is attached to this report.

The proposal includes 446 car parking spaces including 229 onsite at ground level, 28 in the main Summer Centre loading dock, 43 in Basement 1 Upper, 100 in Basement 1 Lower, and 46 in Basement 2. The number of car parking spaces is considered appropriate for the development and exceeds the minimum car parking requirements for the variety of applicable uses in accordance with the Orange Development Control Plan 2004. A complete assessment of parking for the development has been undertaken in the attached consultant’s report.

The site is located in the Central Orange Heritage Conservation Area and in proximity to a number of surrounding heritage items listed under Schedule 5 of the OLEP 2011. The Statement of Environmental Effects includes an assessment of the potential impacts on surrounding heritage items and concludes that the development will enhance the Heritage Conservation Area. The application was reviewed by Council’s Heritage Advisor who made several recommendations for consideration. Council staff worked closely with the applicant both during the initial planning of the development and throughout the assessment of the application. Whilst the applicant has agreed to several of the recommendations made by Council’s heritage adviser and these offers have been addressed by the consultant by conditions of consent there were some issues that remained in contention.

In particular, Council’s Heritage Adviser recommended that the applicant redesign parts of the subject development with a view to keeping the façade of the former bike shop at 108 Summer Street so as to assist with the retention of part of the history of Orange, and to facilitate a transition between the new and old so as to justify the substantial change in scale of the subject development. Council’s Heritage Adviser suggested that the consideration of alternatives in this regard should be explored via the preparation of a Heritage Impact Statement. A Heritage Impact Statement is ordinarily undertaken in the pre-planning of a development of this type so that it can inform the overall design rather than at the end of the design process. Having said this, given that a substantial amount of pre-DA involvement between Council, Council’s Heritage Adviser and the applicant, and the fact that Council had previously agreed to the removal of the subject building in an earlier approval, the applicant was not required to submit a Heritage Impact Statement. A detailed assessment of all matters including heritage has been undertaken in that attached consultant’s report.

The overall bulk and scale of the development is a significant issue for Council to determine. Council’s Local Environmental Plan contains controls in relation height of buildings. The subject control aims to enable a transition in building height in response to varying urban character and function and to protect the amenity of neighbouring properties and public places, with particular regard to visual bulk, scale, overshadowing, privacy and views.

The development site in particular has a height limit of 12m. The tallest component of the proposal is however 18m. The proposal is accompanied by a Clause 4.6 Variation - Request to vary the building height development standard that applies and this is discussed in detail in the accompanying consultant’s report.

On balance it is considered that the increased height of this building is not unreasonable in its context and it is therefore recommended that Council supports the proposed building height.

Council in determining this matter is required to consider the attached Consultant assessment report, plans and Notice of determination. Council staff concur with the content of the attached assessment report and the conditions of consent included in the attached recommended Notice of Determination. It is recommended that Council supports the subject development.

Attachments

1 Notice of Approval, D20/65051 ⇩

2 Plans, D20/65073 ⇩

3 Keylan Assessment Report, D20/65058 ⇩

4 Essential Energy referral, D20/65202 ⇩

5 Police advice, D20/65199 ⇩

6 Initial TfNSW comments, D20/65201 ⇩

7 TfNSW submission, D20/65069 ⇩

8 Submissions, D20/65534 ⇩

Planning and Development Committee 3 November 2020

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 238/2020

NA20/ Container PR28436

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18(1)

Development Application
Applicant Name:	BMPS 88 Pty Ltd
Applicant Address:	C/- Peter Basha Planning & Development PO Box 1827 Orange NSW 2800
Owner’s Name:	BMPS 88 Pty Ltd
Land to Be Developed:	Lots 12 DP 1255039 – 86-102 Summer Street, Orange
Proposed Development:	Demolition, Construction of a Mixed Use Development including hotel or motel accommodation, pub and bistro, retail shops, basement parking and Subdivision.

Building Code of Australia building classification:	To be determined by the Principal Certifying Authority at Construction Certificate stage.

Determination
Made On:	3 November 2020
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	4 November 2020
Consent to Lapse On:	4 November 2025

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure a quality urban design for the development which complements the surrounding environment.

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

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

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

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

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

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

Conditions

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

a) Architectural plans prepared by DBI sheets; A-SD-1-101 (Jan 2020), A-SD-2-201 (Jan 2020), A-SD-2-202 (Jan 2020), A-SD-2-205 (Jan 2020), A-SD-2-206 (Jan 2020), A-SD-2-210 (Jan 2020), A-SD-2-212 (Jan 2020), A-SD-2-213 (Jan 2020), A-SD-2-214 (Jan 2020), A-SD-2-215 (Apr 2020), A-SD-3-101 (Jan 2020), A-SD-3-110 (Jan 2020), A-SD-3-111 (Jan 2020), A-SD-4-101 (April 2020), A-SD-10-103 (Jan 2020), Sheets 52 to 53 in DA Report 22 June 2020 Colours + Materials Schedule (Jan 2020) (20 sheets).

b) Figure 2 – Existing Boundaries & Site Detail (Aerial) Sheet 2 of 11 (22 June 2020), Figure 3 – Proposed Two Lot Stratum Subdivision Overall Sheet 3 of 11 (22 June 2020), Figure 4 – Proposed Two Lot Stratum Subdivision Lot 101 Detail Sheet 4 of 11 (22 June 2020), Figure 5 – Proposed Strata Subdivision of Proposed Lot 101 – Basement Level 2 Sheet 5 of 11 (22 June 2020), Figure 6 – Proposed Strata Subdivision of Proposed Lot 101 – Basement Level 1 Sheet 6 of 11 (22 June 2020), Figure 7 – Proposed Strata Subdivision of Proposed Lot 101 – Level 1 (Ground Floor) Sheet 7 of 11 (22 June 2020), Figure 8 – Proposed Strata Subdivision of Proposed Lot 101 – Level 2 Sheet 8 of 11 (22 June 2020), Figure 9 – Proposed Strata Subdivision of Proposed Lot 101 – Level 3 Sheet 9 of 11 (22 June 2020), Figure 10 – Proposed Strata Subdivision of Proposed Lot 101 – Level 4 Sheet 10 of 11 (22 June 2020), Figure 11 – Proposed Strata Subdivision of Lot 101 – Roof (22 June 2020) Sheet 11 of 11.

c) Statements of Environmental Effects or other similar associated documents that form part of the approval as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

c) Stating that unauthorised entry to the site is prohibited.

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

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

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

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

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

CONSTRUCTION OF MIXED-USE PREMISES INCLUDING HOTEL ACCOMMODATION, PUB AND RETAIL SHOPS

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) The applicant shall provide Council with a Waste Management Plan detailing amounts of waste and their reuse or disposal during both the Demolition and Construction phases of the development. The Waste Management Plan is to include:

a) Provisions demonstrating that waste collection is to be safely accommodated on-site.

b) Provisions demonstrating that garbage bins are located wholly within the site at all times.

c) Details on the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the construction phase of this project are to be deposited at a licensed or approved waste disposal site.

(6) An amended Landscape Plan is to be submitted to and approved by Council’s Manager of City Presentation prior to the issue of a Construction Certificate. The Landscape Plan is to:

a) Include a schedule of species and their proposed location on a plan. This must also include container sizes and the number of plants.

b) Include one new street tree planted immediately to the west of the existing Summer Street Carpark Entry / Exit – the species and container size as specified by Council.

c) Remove the remaining proposed trees along the Summer Street elevation shown in the final landscape plan.

(7) Prior to the issue of a Construction Certificate, a final schedule of external colours, materials and finishes for the development, including a materials board, is to be submitted to and approved by Council’s Director of Development Services. The external materials must not include weatherboard.

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

(9) The existing 150mm-diameter sewer main crossing the site shall be diverted around the proposed hotel building to the requirements of Orange City Councils Water and Sewer Engineer. Existing sewer and water main connections serving adjoining properties 110 to 122 Summer Street shall be maintained during construction and renewed as part of the site works. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

(10) 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.

(11) Prior to the issue of a Construction Certificate, the applicant is to obtain an approval under Section 68 of the Local Government Act for the temporary closure of any footpath or roadway.

(12) A pedestrian/vehicle management plan is to accompany the application. Details are to be provided of the protective hoardings, fences and lighting that are to be used during demolition, excavation and building works in accordance with the requirements of the Occupational Health & Safety Act 2000, Australian Standard AS3798-1996 (Guidelines on Earthworks for Commercial and Residential Developments) and the SafeWork NSW.

Note: On corner properties particular attention is to be given to the provision of adequate sight distances.

(13) Detailed plans and specifications are to be provided specifying the proposed fitout of the food preparation and storage areas in accordance with the requirements of Australian Standard 4674-2004 "Design and construction and fitout of food premises" and Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code.

(14) Amended plans reflecting design commitments detailed in the applicants email (Peter Basha Planning dated 22 August 2020), are to be submitted to and approved by Council’s Director of Development Services. Plans shall also include amendments showing:

a) a canopy on the Summer Street facade to continue the existing adjoining development’s canopy at 110-122 Summer Street;

b) the roof canopy fronting Summer Street is articulated to reduce its perceived size and impact on the streetscape;

c) a colonnade link on the southern side of Sale Street vehicle access road to supplement amenity and improve access on Sale Street;

d) further articulation to the buildings’ north-western corner to break up the blank wall;

e) an awning on Sale Street which wraps around the corner and link to the Sale Street colonnade to provide weather protection; and revised materials and finishes for the balustrading.

(15) Prior to the issue of any Construction Certificate, details are to be submitted to Council and the Principal Certifier of how the excavation works for the basement carpark will be shored to protect Council and neighbouring assets during those works.

(16) The applicant shall provide the Principal Certifying Authority and Council with a report from a qualified Acoustic Consultant that identifies all mechanical equipment and attenuation solutions (such as acoustic shielding) to be installed within the development. The Report shall confirm that the operation of such plant will comply with the NSW Noise Policy for Industry. Plans must be amended to include any recommendations and design requirements of the Acoustic Consultant prior to the issue of a Construction Certificate.

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

(18) Engineering plans providing complete details of the proposed traffic management works external to the site shall be submitted to and approved by Orange City Council prior to the issue of a Construction Certificate. These plans are to provide full details of the following works:

· Proposed changes to line marking, signage and traffic islands in Sale Street; and

· Proposed Summer Street bus stop relocation; and

· Removal of the existing carpark footpath crossing in Sale Street and reinstatement of the concrete kerb and gutter and bitumen footpath; and

· Construction of a heavy duty concrete kerb and gutter layback and footpath crossing for the new Sale Street carpark entrance and Sale Street loading dock driveway; and

· Method of protection of the existing street trees in Summer Street and Sale Street adjacent to the works; and Relocation of the Summer Street bus stop structure towards the carpark entrance including signage, tactile indicators and other related works.

(19) Engineering plans providing complete details of the proposed traffic management works within the site are to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide full details of the following:

· Turntable operation for delivery vehicles and garbage collection. The turntable and vehicle manoeuvring space shall be designed to accommodate a 9m medium rigid heavy vehicle. All vehicles shall enter and exit the site in a forward direction. All deliveries and garbage collection shall occur within the loading dock area. Deliveries and garbage collection shall not occur on the street; and

· Provision of ‘No Entry’ (R2-4), ‘Vehicles over 9.0m’ signage shall be installed on the Sale Street loading dock entry. Signage is to be clearly visible to drivers of vehicles approaching the loading dock; and

· The plans shall also detail pedestrian sight lines for vehicles exiting the loading dock driveway to Sale Street to ensure pedestrian safety. The plans shall detail how compliance is achieved with AS/NZS 2890.1:2004 section 3.2.4(b) ‘Sight distance at access driveway exits’ and ensure that there are no obstructions located within the required sight triangles; and

· The underground carpark design including entry / exit ramp shall be in accordance with AS 2890.1 (Off-street car parking); and

· Modifications to the aboveground car parking areas. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials, proposed drainage works, line marking, pedestrian crossings and signage.

(20) Stormwater from the proposed building shall be collected and piped to the existing underground stormwater system in the Summer Centre carpark and Sale Street. Where connection to the Sale Street stormwater system is proposed the existing stormwater line in Sale Street shall be extended parallel to the kerb to a point where it is directly opposite the stormwater outlet from the site. Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6), prior to issuing a Construction Certificate, is to approve engineering plans for this stormwater drainage system.

(21) Proposed lot 101 shall be provided with interlot stormwater drainage, connected to the existing underground stormwater system in the Summer Centre carpark. A grated concrete stormwater pit(s) shall be constructed within Lot 101. Engineering plans for this drainage system are to be approved by Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

(22) A Road Opening Permit (ROP) in accordance with Section 138 of the Roads Act 1993 must be approved by Orange City Council prior to a Construction Certificate being issued or any intrusive works being carried out within the public road or footpath reserve.

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

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

(24) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 49.8 ETs for water supply headworks and 76.3 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.

(25) Backflow Prevention Devices are to be installed to AS3500 and in accordance with Orange City Council Backflow Protection Guidelines. Details of the Backflow Prevention Devices are to be submitted to Orange City Council prior to the issuing of a Construction Certificate.

(26) A Road Occupancy Licence (ROL), if required, must be obtained from Transport for NSW for works within 3 metres of the travel lanes of the State classified road being the Mitchell Highway.

PRIOR TO WORKS COMMENCING

(27) Prior to works commencing, a Construction Environmental Management Plan (CEMP) must be submitted to the satisfaction of the principal certifying authority/Council. The CEMP must address, but not be limited to, the following matters where relevant:

a) Details of:

i) hours of work;

ii) 24 hour contact details of site manager;

iii) construction traffic management and pedestrian safety;

iv) construction noise and vibration management, prepared by a suitable qualified person;

v) excavation of the basement;

vi) management of dust and odour to protect the amenity of the neighbourhood;

vii) erosion and sediment control measures;

viii) stormwater control and discharge;

ix) groundwater management plan including measures to prevent groundwater contamination;

x) measures to ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site;

xi)) procedures for encountering groundwater during construction works;

xii) external lighting in compliance with AS4282:1997 Control of the Obtrusive Effects of Outdoor

Lighting;

xiii) waste classification (for materials to be removed) and validation (for materials to

remain) be undertaken to confirm the contamination status in these areas of the

site; and

xiv) waste storage, recycling and litter control.

b) The CEMP must not include works that have not been explicitly approved in this development consent.

c) In the event of any inconsistency between the consent and the CEMP, the consent prevails.

d) The Applicant must submit a copy of the CEMP to Orange City Council prior to commencement of work.

e) The CEMP (as revised from time to time) must be implemented by the Applicant for the duration of the construction works.

(28) Prior to works commencing, the applicant shall prepare a structural Dilapidation Report identifying the condition of all public infrastructure in the vicinity of the site (including roads, gutters, footpaths, sewer manholes, water main valves and hydrants etc.) in Summer Street and Sale Street. A copy of the Dilapidation Report shall be submitted to the principal certifying authority and Orange City Council.

Prior to any works commencing within the Summer Street reserve (including the footway), concurrence to the detailed design must be obtained from Transport for NSW pursuant to Section 138(2) of the Roads Act 1993, by sending to development.western@rms.nsw.gov.au drawings and supporting information.

(29) A registered demolition contractor must carry out demolition. Documentary evidence of registration must be submitted to Council prior to the commencement of demolition work.

(30) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier for approval prior to works commencing. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

(31) The approved water and soil erosion control plan is to be implemented prior to construction work commencing.

(32) 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.

(33) Due to the extensive nature of the demolition works and their proximity to the public footpath, the applicant is to provide public liability and public risk insurance cover for a minimum of $10,000,000, endorsed to cover Council for its respective rights and interests. Evidence of valid insurance cover must be submitted to Council.

(34) A dilapidation report prepared by a suitably qualified engineer is to be submitted to Council addressing the current condition of the buildings that are adjoining the development site.

DURING CONSTRUCTION/SITEWORKS

(35) 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 Director of Development Services of Orange City Council to vary these hours.

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

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

(38) In the event that surface disturbance identifies an unexpected Aboriginal objects, relics or other historical items, all works must halt in the immediate area to prevent any further impacts to the object(s). A suitably qualified archaeologist and the registered Aboriginal representatives must be contacted to determine the significance of the objects. The Applicant must consult with the Aboriginal community representatives, the archaeologists, the Office of Environment and Heritage (OEH) and Orange City Council to develop and implement management strategies for all objects/sites. Works shall only recommence with the written approval of OEH.

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

(40) All construction/demolition work on the site is to be carried out in accordance with the EPA’s Interim Construction Noise Guideline 2009.

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

(42) All materials on site or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

(43) All excavated material is to be removed from the site in an approved manner and disposed of lawfully to an authorised disposal area.

(44) All demolition works must be carried out within the allotment boundaries and must not extend onto the public footpath area, the public roadway or adjoining properties.

(45) Demolition works within close proximity to the boundaries of the adjoining allotments are to be carried out such that no damage is caused to those properties.

In the event of any damage being caused to the existing kerb, guttering, footpath, water mains, sewer mains or public roadway during demolition works, the applicant is to reimburse the Council for the full cost of repairing and making good.

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

(47) Water and sewer services, including mains construction, easements and all associated materials and works, are to be provided for the development at the cost of the developer.

(48) All services are to be contained within the allotment that they serve.

(49) Storage of materials is not permitted on the public footpath area or roadway unless an approved hoarding is provided.

(50) At all times during construction and operation, all vehicles, plant and materials associated with the development shall be contained entirely within the site boundaries, and all movements between public roads and the site shall be in a forwards-only direction.

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

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

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

(54) Heavy-duty concrete kerb and gutter laybacks and footpath crossings shall be constructed for both the carpark and loading dock in Sale Street. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code and Road Opening Permit.

(55) The existing Sale Street kerb and gutter layback that is not proposed to be used is to be replaced with standard concrete kerb and gutter and the adjacent bitumen footpath area re‑graded to the shape and level requirements of footpaths in the Orange City Council Development and Subdivision Code.

(56) The existing 150mm diameter sewer main that crosses the site is to be accurately located. Where the main is positioned under or adjacent to any proposed building work, measures are to be taken in accordance with Orange City Council Policy - Building over and/or adjacent to sewers ST009.

(57) All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code and AS 2890.1 – Parking Facilities.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(58) A total of 446 car parking spaces are to be provided as part of Stage 1 of the development, in accordance with the plans listed at Condition 1. Of these 446 spaces:

a) 189 spaces are to be allocated to the hotel and located within the basement

b) 257 spaces are to be located at grade for the existing Summer Centre retail shops and the loading dock conversion.

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

(60) Prior to an Occupation Certificate being issued, the applicant must engage a suitably qualified person to prepare a Post-Construction Dilapidation Report at the completion of construction. This report is required to ascertain whether the construction created any structural damage to adjoining buildings or infrastructure.

This report is to be submitted to the principal certifying authority who shall compare the Post-Construction Dilapidation Report with the Pre-Construction Dilapidation Report required by these conditions and obtain written confirmation from the relevant authority and/or land owners that there is no adverse structural damage to their buildings, infrastructure and/or roads.

A copy of the Post-Construction Dilapidation Report is to be provided to Orange City Council.

(61) Street trees are to be supplied and installed along all street frontages, to Orange City Council’s specification and to the satisfaction of Council’s Manager, City Presentation.

(62) Garbage collection is to be fully contained within the site. Bins must not to be located on the footpath or roadway on collection days. Prior to an Occupation Certificate being issued plans and/or details of the operation of the garbage collection are to be submitted to and approved by Orange City Council, including details of a private service agreement with Council’s waste contractor. The private service agreement must be to the satisfaction of Council's Waste Services Manager.

(63) External lighting is to be provided to ensure adequate lighting of the proposed car park to ensure the safety of employees and visitors outside of daylight hours. The lighting must be installed on the external façade of the proposed building and be orientated in such a manner that it does not cause light spill from the subject property. Outdoor lighting must be in accordance with Australian Standard Control of the obtrusive effects of outdoor lighting – AS 4282-1997.

(64) 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.

(65) 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 compliance certificate issued, prior to the issue of either an interim or a final Occupation Certificate.

(66) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

(67) The applicant shall provide Council with an Operational Management Plan. The Plan shall include measures to appropriately mitigate operational noise from the development including noise from plant; patrons/pedestrians entering/leaving the site; noise from private areas; waste collection times; delivery times, general access and security gate operations.

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

(69) An easement, to drain sewage and to provide Council access for maintenance of sewerage works, a minimum of 2.0 metres wide is to be created over the sewer main. Evidence that the easement has been registered is to be submitted to the Principal Certifying Authority prior to issuing of an Occupation Certificate.

(70) A Road Opening Permit Certificate of Compliance is to be issued for the works by Council prior to any Occupation/Final Certificate being issued for the development.

(71) Certificates for testable Backflow Prevention Devices are to be submitted to Orange City Council by a plumber with backflow qualifications prior to the issue of an Occupation Certificate.

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

(73) 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 a final Occupation Certificate, unless stated otherwise.

PRIOR TO THE ISSUE OF THE RELEVANT SUBDIVISION CERTIFICATE

(74) Application shall be made for a Subdivision Certificate under Section 6.3(1)(d) of the Act.

(75) Prior to the issue of the Subdivision Certificate, a Surveyor’s Certificate or written statement is to be provided to the Principal Certifying Authority, stating that the buildings within the boundaries of the proposed Lot 101 comply in respect to the distances of walls from boundaries.

(76) Prior to the issue of a Subdivision Certificate evidence shall be provided of the payment of water and sewer headworks charges for Stage 1 of the development (new hotel building and associated areas).

(77) A Surveyor’s Certificate or written statement is to be provided to the Principal Certifying Authority, stating that the buildings within the boundaries of proposed Lots 1 and 2 comply in respect of the distances of walls from boundaries and the common wall construction prior to the issuing of the Subdivision Certificate.

(78) Prior to the issue of a Subdivision Certificate reciprocal rights of way shall be established on proposed Lots 101 and 102 over the common driveway off Summer Street including hotel / pub drop off area, vehicle circulation paths and underground carpark access.

(79) Strata subdivision of Lot 101 includes;

a) Lot 1 to include the pub and bistro;

b) Lot 2 to include Levels 1 to 4 of the hotel accommodation, its support spaces and the retail tenancies; and

c) Common property including stairs, lifts, service core, immediate curtilage, service driveway and basement carpark.

(80) Stratum subdivision is limited to part Lot 101 and includes the basement levels of the mixed-use building.

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

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

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

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

(85) Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1919 is to be created on the title of the burdened lot(s) requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(87) Service vehicles may only access the loading dock for the hotel via Sale Street. All service vehicles are restricted to a maximum length of 8.8 metres and must enter and exit the site in a forward direction only to ensure full sight distance of oncoming traffic and pedestrians.

(88) The loading dock turntable and vehicle manoeuvring space shall be maintained at all times at full operational capacity to accommodate a 8.8m medium rigid heavy vehicle. All vehicles shall enter and exit the site in a forward direction. All deliveries and garbage collection shall occur within the loading dock area. Deliveries and garbage collection shall not occur on the street.

(89) Operating hours of the ground floor retail tenancies are between 6am to 10pm Monday to Sunday, inclusive.

(90) Operating hours of the pub are between 10am to midnight Monday to Thursday, 11am to 1am Friday and Saturday, and 11am to 10pm on Sunday.

(91) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

(92) An assessment of noise emissions from the premises is to be provided to Council within 3 months from the issue of any Occupation Certificate. This commissioning report is to indicate noise levels through the monitoring of noise emanating from the normal peak use of the premises and determine if any, necessary noise mitigation measures. Any identified mitigation works shall be carried out within 1 month of the commissioning report, and the operation of the premises shall be carried out in accordance with any recommendations set out in the report.

(93) Noise emission from the premises must not exceed the following levels when measured at the nearest residential receiver:

Daytime (7.00am to 6.00pm) 41 dB(A)

Evening (6.00pm to 10.00pm) 41 dB(A)

Night (10.00pm to 7.00am) 36 dB(A)

(94) Waste collection bins shall be contained within the site and not located on public footpaths or roadways.

CCTV should be installed on common/public areas and recorded appropriately. This includes keeping CCTV footage for a minimum of 28 days.

(95) Lighting is to be located to ensure public spaces, including car parking areas, are well lit at night and do not impact the operation of CCTV cameras.

(96) CCTV and lighting must be located in the loading bay areas.

(97) Back of House and staff only areas must be clearly marked with signage and secured to prevent public access.

(98) Hotel guest only areas should be clearly marked to avoid ambiguous areas.

(99) Basement carparking areas should be clearly signposted with rules and responsibilities and way finding information to prevent trespassers and clearly define public expectations.

(100) Access to hotel rooms should be restricted to hotel guests and staff only.

(101) Appropriate directional and warning signage should be posted to identify different parts of the Hotel and alert guests to use of CCTV, securing property, locking doors and fire safety.

(102) Furniture in communal areas is to be of solid construction and should not contain items that can be taken away from the area or used to gain entry into other parts of the property.

ADVISORY NOTES

(1) Prior to construction work within State Road reserves, the proponent is to contact Transport for NSW Field Traffic Manager on 1300 656 371 to determine if an ROL is required.

(2) Concurrence from Transport for NSW for works within the Summer Street reserve (including the footway) pursuant to Section 138(2) of the Roads Act 1993 must be sought by sending drawings and supporting information details to development.western@rms.nsw.gov.au.

(3) This consent does not give approval for any signage. Separate approval for signage must be obtained, where required.

(4) Any signage incorporated as part of the development that does not satisfy the exempt and complying development provisions under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 requires separate development consent.

(5) Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property are complied with. Appropriate application must be made with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions.

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

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

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

Other Approvals

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

Nil

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

Nil

Right of Appeal

If you are dissatisfied with this decision, section 8.7 of Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.

* Section 8.7 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.
Disclaimer - S88B Restrictions on the Use of Land:	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON – MANAGER DEVELOPMENT ASSESSMENTS
Date:	4 November 2020

Development Application	DA 259/2020(1)
Applicant/s	Orange City Council
Owner/s	Crown
Land description	Lots 7 and 8 DP 820905 – North Court, March and Peisley Streets, Orange
Proposed land use	Mixed Use Development (community facility (conservatorium) and information and education facility (planetarium))
Value of proposed development	$20,000,000.00
Consent authority	Western Regional Planning Panel