Agenda of Planning and Development Committee

Planning and Development Committee 4 May 2021

2.2 Development Application DA 339/2020(1) - 3 and 5 Curran Street

RECORD NUMBER: 2021/812

AUTHOR: David Paine, Senior Planner

EXECUTIVE Summary

Application lodged	8 September 2020
Applicant/s	Mr S F Lumby
Owner/s	Messrs MS Kidd and SF Lumby
Land description	Lots E and F DP 18925 – 3 and 5 Curran Street, Orange
Proposed land use	Boarding House (change of use) and Alterations and Additions
Value of proposed development	$700,000

The application is seeking consent for a change of use from residential units to a Boarding House and alterations and additions at 3 and 5 Curran Street, Orange. The proposal includes the demolition of the existing car carport, conversion of existing flats into boarding rooms, and alterations and additions to include a new two storey building.

The proposed development will have a total of 15 rooms including an onsite manager’s room, seven (7) car parking spaces, three (3) motor cycle parking spaces, and a communal room. All boarding rooms will be self-contained and include kitchenette and bathroom facilities. The proposed development has been assessed under State Environmental Planning Policy (Affordable Rental Housing) 2009.

The overall design of the subject building has changed since the plans were initially lodged with Council. The original plans submitted with the development application received significant feedback from Council’s Heritage Consultant and have been amended a number of times to address outstanding issues.

The proposed development comprises ‘advertised development’, pursuant to Orange Development Control Plan (DCP) 2004. Eleven (11) submissions were received at the close of the public notice and exhibition period.

The proposal has been evaluated pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 and is considered to be suitable. Approval of the application is recommended, subject to conditions of consent in the attached Notice of Approval.

Figure 1 - locality plan and site context

DECISION FRAMEWORK

The proposed development will be assessed under State Environmental Planning Policy (Affordable Rental Housing) 2009.

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

Orange Local Environment Plan 2011 – The 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 application pertains to alterations and additions to the existing flat building to make a 15 room boarding house with a Managers residence. With the site being within the R1 Residential Zone the State Environmental Planning Policy (Affordable Rental Housing) 2009 (‘SEPP’) applies and affectively overrides a number of local controls and restricts refusal options.

The applicant has amended the design substantially to provide better outcomes, particularly in terms of streetscape and character. From experience with other boarding houses within the City, parking is one of the main issues, as the SEPP requires significantly less parking that the Orange DCP. Technically this proposal falls one parking space short. However as the removal of an existing driveway will increase street parking by one space, the overall impact on the surrounding environment can be argued as being close to the same. Whilst parking is one matter under which Council can refuse a boarding house to which the SEPP applies, in this case the development is considered to achieve enough compliance with the SEPP and DCP to not warrant a refusal.

The recommendation of Approval 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 consents to development application DA 339/2020(1) for Boarding House (change of use) and Alterations and Additions at Lots E and F DP 18925 – 3 and 5 Curran 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 proposed development will have a total of 15 rooms, including an onsite manager’s room, seven (7) car parking spaces, three (3) motor cycle parking spaces, and a communal room. All boarding rooms will be self-contained and include kitchenette and bathroom facilities. The proposed development has been assessed under State Environmental Planning Policy (Affordable Rental Housing) 2009.

The overall design of the subject building has evolved since the plans were initially lodged with Council. The original plans submitted with the development application received significant feedback from Council’s staff and also Heritage Consultant and have been amended a number of times to address outstanding issues.

The proposal will be on land described as Lot E and F, DP 18925, being 3 and 5 Curran Street, Orange.

Figure 2 – proposed site layout

Figure 3 - front elevation facing Curran Street

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

The subject land is contained within the residential area of Orange and is not identified as being biodiversity sensitive. The natural state of the site and surrounding area has been highly modified by the urban landuse patterns.

Based on the foregoing consideration, a BDAR assessment is not required and the proposal suitably satisfies the relevant matters at Clause 1.7 EPAA 1979.

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,

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

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

The application is considered to be consistent with the aims (a), (b), (e) and (f). The development adds to the variety of housing types in the locality and allows for additional population within close proximity to the commercial centre of Orange.

Clause 1.6 - Consent Authority

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

Clause 1.7 - Mapping

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

Land Zoning Map:	Land zoned R1 General Residential
Lot Size Map:	No Minimum Lot Size
Heritage Map:	Heritage Conservation Area
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies
Flood Planning Map:	Not within a flood planning area

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

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.

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

(b) to any relevant instrument under Section 13.4 of the Crown Land Management Act 2016, or

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

(d) to any Trust agreement under the Nature Conservation Trust Act 2001, or

(e) to any property vegetation plan under the Native Vegetation Act 2003, or

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

(g) to any planning agreement under Subdivision 2 of Division 7.1 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

The subject site is located within the R1 General Residential zone. The proposed development is defined as “demolition” (carport), and “boarding houses.”

Pursuant to the LEP Dictionary:

Boarding house means a building that:

(a) is wholly or partly let in lodgings, and

(b) provides lodgers with a principal place of residence for 3 months or more, and

(c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers.

Boarding houses are permitted with consent in the R1 General Residential zone.

Pursuant to the LEP Dictionary:

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

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

Clause 2.3 - Zone Objectives

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

· To provide for the housing needs of the community.

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

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

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

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

The proposal is consistent with the relevant zone objectives as considered below:

- The proposal will provide a rental housing option to supplement housing needs in the community.

- The proposed boarding houses will contribute to the variety of housing types and densities in the neighbourhood.

- The subject land is located in close proximity to the CBD and accessible via public transport.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to a building or work. This requirement does not apply to any demolition that is defined as exempt development.

The proposal involves demolition of a carport and minor internal demolition works. The demolition works proposed will have no significant impact on adjoining lands, streetscape or public realm. Conditions will be imposed in respect of hours of operation, dust suppression and the need to investigate for, and appropriate manage the presence of, any materials containing asbestos.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

The application is not relevant to the standards of Part 4 of the LEP.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

Clause 5.10 is applicable and states in part:

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

The subject land is located in the East Orange Heritage Conservation Area (HCA).

As noted earlier, the applicant has been working closely with Council’s Heritage Adviser over the last couple of months to reach an agreement on the overall design of the building. The following section contains a summary of the detailed discussion that has occurred between the applicant, Council’s Heritage Advisor and planning staff.

Heritage Advisor’s recommendations

Character

The traditional buildings in the setting have vertically proportioned window with pitched roofs including hips and gables set within short front gardens.

The proposal has deep front setting with single and two stories which merge through the use of the attached skillion while the side elevation include an array of exposed vehicles in the car park.

The deep front lawns are good for the amenity but inconsistent with the traditional setting while the large bin enclosure is uncharacteristic of the setting.

Applicant’s response

The existing 1940/50’s unit design is somewhat dated and as advised by Council’s Heritage Advisor, presents an opportunity to prevent some positive character features such as window proportions, window awning and traditional fencing facing the street. The applicant has worked closely with planning staff and the Heritage Advisor to consider building scale and dimensions, character, colour setbacks fence and landscape to present an improvement to the current scenario.

Planning Officer’s response

The initial design has changed a number of times since the application was first lodged with Council. The final design has addressed the significant issue of character with a reduction of area on the first floor. The reduction in the first floor area has changed the built form which makes it more compatible in terms of character with the surrounding heritage conservation area.

Heritage Advisor’s recommendations

Setbacks

The setback to the front of the building should be modified so that the building face is nominally at the centre point of the setback to the two adjoining properties. This will increase the setback shown and increase the front garden to provide a suitable setting for the new building form while remaining recessive in the streetscape but more appropriate ion the streetscape due to the new element, garden and details.

The other setbacks are suitable.

Applicant’s response

The plans have been amended to address the above concerns.

Planning Officer’s response

The amended design will ensure that the development is consistent with the surrounding streetscape. Council’s Heritage Adviser has concluded that:

· the front setbacks for the single and two storey elements are appropriate for the streetscape and for the conservation area.

Heritage Advisor’s recommendations

Scale

The modified roof forms and the external character are sufficient to modulate the two storey height of the central element.

A minor change is to increase the level of the painted Panel cladding on this element so that it is marginally above the ridge line of the of the lower roofs and nominally at the sill line of the first floor windows. This will reduce the apparent height.

The pergola is to be modified to provide a traditional timber post and beam structure as per that illustrated in Getting the Details Right, (GTDR) pp.117. SS wires or mesh is to be specified by the Landscape Architect to ensure that the structure will be suitable for climbing plants.

The new car port roof is to be a skillion structure which contacts the building at the sill level.

A traditional framed skillion roof with verandah posts is to be provided to shelter and add scale to the rear first floor landing at the top of the stair.

Applicant’s response

There is no roof on any carport. The north elevation has been misinterpreted and relates to the pergola beams. The other changes have been incorporated into the amended plans.

Planning Officer’s response

The amended plans have addressed the issue of scale which is a significant issue within the heritage conservation area. The initial plans submitted to Council contained a larger first floor area (refer to Figure 4 below). This was a concern given that most of the surrounding dwellings are single storey. The amended design submitted in response to the concerns raised has increased the footprint on the ground floor and reduced the overall bulk and scale of the first floor (refer to Figure 5 below). Council’s Heritage Advisor has reviewed the amended proposal and concluded that:

· the building with the first floor includes three units, a covered walkway and open deck with access via rear stairs. The building has a hipped roof and the walls include two types of wall cladding which reduce the apparent bulk and scale.

It is considered that the final amended design has adequately addressed the issue of scale.

Figure 4 - design as initially submitted to Council (North and South elevation)

Figure 5 - revised North and South elevation

Heritage Advisor’s recommendations

Materials

As it will not be possible to match the existing face brick with new brick, it is recommended that an alternate softer coloured brick is sourced which is closer to the red/brown on the heritage buildings in the vicinity. An intervening vertical window or solid sheet panel is to be introduced to the walls to separate the two face bricks.

The front picket fence is to be a timber picket fence with top rail and expressed posts in appropriate colours.

The vertical slatted first floor screen is to be vertical slats in a timber stain/paint colour to match the window colour.

Applicant’s response

An intervening vertical window or solid sheet panel is to be introduced to the walls to separate the two face bricks. This has been done on the amended plans.

The existing building has painted brick. The amended plans have included an updated material selection.

Planning Officer’s response

Noted. The selection of materials is considered adequate and has addressed the initial concerns raised by Council’s Heritage Advisor.

Heritage Advisor’s recommendations

Colour

A set of external colours and swatches is to be provided for all the proposed materials and painted surfaces.

The roofing is to be Shale Grey or Windspray and not Surfmist which is white.

The existing tiled roofing is to be painted Windspray and not a colour to match the other roof in order to break down the bulk and scale of the proposal.

A warm timber colour is to be selected for the windows such as Beige, Baton or Paperbark.

Hannah Red is to be reconsidered for more traditional red-brown colour for the existing work being painted.

Applicant’s response

Refer to amended plans and the updated colour scheme.

Planning Officer’s response

The revised colour selection and the use of material as marked in the amended plans is considered to have adequately addressed Council’s Heritage Advisor concerns.

Heritage Advisor’s recommendations

Details

The traditional awnings are to be timber framed with expressed rafters and matching Colorbond rooves.

Smooth quad unperforated gutters and painted circular downpipes are required.

The covered walkway is to utilise timber slats or battens beneath the translucent roof sheeting.

A traditional timber pergola element is to be provided over the front steps and to accommodate the letterboxes, with details as per the pergola above.

A timber picket/slatted screen to 1800mm high is to be provided at the demarcation of the front garden and the car park and mot-r cycle paring to screen these from the garden and street.

General fencing between the units and to the boundaries is to be Corodeck in Windspray corrugated metal with appropriate posts and capping.

Applicant’s response

We have incorporated changes into the amended design.

Planning Officer’s response

The detailing provided on the amended plans is considered to have adequately addressed Council’s Heritage Adviser concerns.

Heritage Advisor’s recommendations

Landscape

A planting layout with species is to be presented prepared by a professional landscape architect to ensure the appropriate species and mature heights are utilised.

Applicant’s response

Additional information has been provided using client’s local horticultural knowledge including species and mature heights.

Planning Officer’s response

Noted. A condition will be included in the notice of determination requiring a final detailed landscape plan to be submitted to the satisfaction of the Manager of Development prior to the release of the Construction Certificate.

Planning Officer’s concluding comments

The proposed development has undergone a number of design changes since the initial design was lodged with Council.

The amended plans have addressed issues raised by Council’s Heritage Advisor and, overall the proposal is considered a reasonable design on a constrained site within the Heritage Conservation Area.

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).

In consideration of this clause, the proposal is deemed suitable. The development will necessitate minor earthworks for the new building and car parking areas. Disruption to drainage is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways. Should the application be approved, conditions would be imposed in relation to sediment and erosion control during construction.

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 proposal has been designed to include permeable surfaces and includes onsite retention of stormwater through the use of rainwater tanks. It is therefore considered that the post development runoff levels will not exceed the predevelopment levels.

7.6 - Groundwater Vulnerability

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

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

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

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

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

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

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

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

Clause 7.11 - Essential Services

Clause 7.11 applies and states:

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) storm water drainage or onsite conservation,

(e) suitable road access.

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

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55)

This policy applies to the proposed development and contains planning controls for the remediation of contaminated land.

SEPP 55 requires that prior to granting consent to the carrying out of any development on land, the consent authority is required to give consideration as to whether the land is contaminated and, if the land is contaminated, whether the land is suitable for the purpose of the development or whether remediation is required.

The subject land is currently being used for residential purposes and Council’s records do not identify any past contaminating activities on the site. The proposal is considered to be acceptable having regard to this policy.

STATE ENVIRONMENTAL PLANNING POLICY (Building Sustainability Index: BASIX) 2004

(BASIX SEPP)

A BASIX Certificate was lodged with the application, demonstrating that the development can achieve the water and energy reduction targets of this policy. A condition of consent has been recommended, requiring that the development be carried out in accordance with the BASIX Certificate.

STATE ENVIRONMENTAL PLANNING POLICY (Affordable Rental Housing) 2009

(SEPP ARH)

SEPP ARH contains provisions that a consent authority is required to take into consideration when assessing a proposed development for the purpose of a boarding house. An assessment of the development under the key requirements of SEPP ARH is provided in the table below:

Clause

Control

Proposal

Compliance

This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones:

a) Zone R1 General Residential,

b) Zone R2 Low Density Residential,

c) Zone R3 Medium Density Residential

d) Zone R4 High Density Residential,

e) Zone B1 Neighbourhood Centre,

f) Zone B2 Local Centre,

g) Zone B4 Mixed Use.

The site of the proposed development is located in the R1 General Residential zone and therefore Division 3 of SEPP ARH applies to the site.

Yes

27 Development to which Division applies

This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

Division 3 of SEPP ARH applies to the proposed boarding house development.

Yes

STANDARDS THAT CANNOT BE USED TO REFUSE CONSENT

There are certain controls in the SEPP that if met must not be used to refuse a development application. These requirements are discussed below:

Clause	Control		Proposal	Compliance
29(1)(a)	FSR: maximum FSR for any form of residential development permitted on the land		Not applicable, as there is no floor space limit for the subject land pursuant to OLEP 2011 Floor Space Ratio Map.	Not applicable
29(2)(a)	Building height: maximum building height permitted on the land		Not applicable, as there is no building height limit on the OLEP 2011 Height of Buildings Map.	Not applicable
29(2)(b)	Landscape area: landscape treatment of the front setback is compatible with the streetscape		The area within the front setback is proposed to be landscaped which is consistent with the streetscape.	Yes
29(2)(c)	Solar access: communal living room to receive 3 hours direct sunlight between 9am and 3pm		The SEPP requires at least one communal living room to receive at least three hours of direct sunlight between 9am and 3pm in midwinter. The communal living space does not comply with the requirement. However, this is a merit based assessment and is considered acceptable given that most of the boarding rooms have access to their own private space areas with many of the areas receiving access to natural sunlight. The applicant has submitted overshadowing diagrams which demonstrate that, whilst the communal room do not technically comply with the above requirements, the communal BBQ area receives an adequate level of direct sunlight. There is also sufficient area within the front setback area which has been designed to be used as a recreational space that receives direct sunlight for future residents of the boarding house.	No
29(2)(d)	Private open space: minimum 20m² and with 3m dimension for lodgers; and minimum 8m² and 2.5m dimension for manager		The proposal includes a communal room (32m²) and a large open style communal/BBQ private open space area (64m²) in compliance with the requirements of the SEPP. In addition it should be noted that that most of the ground floor units have good access to private open space (Units 1 to 11). The private open space for these units range in size from 14m² to 61m². The only unit on the ground floor that does not have access to their own private open space is Unit 12. The units on the first floor (Units 13, 14 and 15) have access to a communal open space area in the form of an open deck (20.8m²). The Managers unit has a private open space area which comprises 45m². The level of residential amenity for the future residents is considered to be adequate for this form of development (boarding house ie short term accommodation).	Yes
29(2)(e)		Parking - In the case of development not carried out on behalf of a social housing provider at least 0.5 parking spaces for each room and 1 space for manager is provided	The SEPP requires 0.5 spaces per bedroom and one (1) space per employee (manager). The development comprises 14 boarding rooms and a managers unit. The proposal therefore requires eight (8) car parking spaces to be provided. The submitted plans show the provision of seven (7) car parking spaces including 1 disabled space which has an expanded shared zone. The development is therefore non-compliant with this requirement of the SEPP. Where a technical non-compliance with the SEPP occurs it is open for Council to carry a merit based assessment of the issue. A merit based consideration of car parking requirements for the development is discussed below under the heading “Car Parking”.	No
29(2)(f)		Accommodation size: 16m² excluding kitchen and bathroom facilities	Each boarding room exceeds 16m², excluding kitchen and bathrooms facilities.	Yes
29(3)		A boarding house may have kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room	Each boarding room has kitchen and bathroom facilities.	Yes
29(4)		A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in Clauses 1 and 2	It is open for Council to carry out a merit based assessment of any non-compliance specified above and consent to such development.
29(5)		Social housing provider does not include a registered community housing provider unless the registered community housing provider is a registered entity within the meaning of the Australian charities and not for profit commission Act 2012 of the Commonwealth s	The applicant for the development is not a registered social housing provider.	Not applicable

· The proposal complies with the prescribed Clause 30 Standards for boarding houses:

Clause	Control	Proposal	Compliance
30(1)(a)	A communal living room is required for 5+ boarding rooms	The proposal includes a shared communal living room (32m²) along with a communal BBQ area (64m²).	Yes
30(1)(b)	Boarding rooms to have maximum GFA (excluding kitchen and bathroom) of 25m²	The boarding rooms will comprise a maximum GFA of 21.14m² (excluding kitchen and bathroom).	Yes
30(1)(c)	Occupancy is limited to 2 adult lodgers	Each boarding room will accommodate a maximum of two adult lodgers.	Yes
30(1)(d)	Bathroom and kitchen facilities are available for lodgers	Each boarding room will be self‑contained with bathroom and kitchen facilities.	Yes
30(1)(e)	Manager’s room required for boarding house with 20+ lodgers	The boarding houses will accommodate a maximum of 30 lodgers (ie. 2 adult lodgers per 15 rooms). A manager’s room is provided in Unit 11.	Yes
30(1)(f)	Repealed	Noted.	Not applicable
30(1)(g)	In commercial zones, residential purposes not permitted on ground floor	This control is not applicable as the subject land is located in the R1 General Residential Zone.	Not applicable
30(1)(h)	1 bicycle space and 1 motorcycle space required for every 5 boarding rooms	2.8 (ie 3) bicycle and motorcycle parking spaces are required based on 15 boarding rooms. Four (4) bicycle spaces and three (3) motorcycle spaces will be provided onsite.	Yes
30A	A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.	The overall scale, density, and nature of the building is compatible with the surrounding character of the area and meets this provision of SEPP ARH. Detailed matters in relation to character have been addressed in the body of the report. Council’s Heritage adviser has confirmed his support for the building design.	Yes

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

Draft State Environmental Planning Policy (Housing Diversity) 2020

Between 29 July and 9 September 2020, the Department of Planning exhibited a proposed new ‘Housing Diversity SEPP’. The Explanation of Intended Effects (EIE) outlines the expected changes which included:

· The introduction of new definitions for build-to-rent housing, student housing and co-living.

· Amend some state-level provisions, particularly for boarding house and seniors housing development.

· Amend some state-level provisions to support social housing developments by NSW Land and Housing Corporation, and

· Consolidate three SEPPs into one. These being the Affordable Rental Housing SEPP, Housing for Seniors and People with a Disability SEPP, and SEPP 70 – Affordable Housing (Revised Schemes).

The current application was lodged 9 September 2020, coinciding with the end of the SEPP exhibition. Accordingly, while the draft SEPP does not have determinative weight in this application it is a requirement under section 4.15(1)(a)(ii) to consider the provisions of the SEPP as the SEPP had been the subject of public consultation at the time of lodgement of the application.

Introduction of new definitions is not material to this application as the application is not seeking consent for one of the new forms of development. Equally as the proposal is not by or on behalf of the NSW Land and Housing Corporation those matters are also not relevant to the application. Changes to state-level provisions as they relate to Boarding Houses are materially relevant to the application and need to be considered.

With respect to Boarding House developments the EIE intends to amend the provisions to:

· remove the requirement for boarding houses to be mandated within the R2 – Low Density Residential zone

· amend the floor space ratio (FSR) bonus for boarding house development to a standard 20%

· include a requirement for affordability of boarding house developments.

The intention to no longer mandate boarding houses in the R2 zone is noted but as this test is applied at the time of lodgement it cannot preclude the development.

Currently the Affordable Rental Housing SEPP sets the floor space ratio (FSR) in relation to boarding houses as equal to any existing FSR plus 0.5:1 if the current FSR is 2.5:1 or less, or 20% of the existing FSR in any other case. In effect this gave a larger percentage bonus to developments where the existing FSR was below 2.5:1 and could result in a fairly dramatic change in density compared to other development in such areas. For example if an area had an FSR of 0.3:1 the current SEPP provisions would allow this to become 0.8:1 more than doubling other built form in the area. The proposed changes will limit the bonus to 20% in all cases, meaning that in the example stated an FSR of 0.3:1 would only be increased to 0.36:1 allowing such boarding houses to be slightly larger than surrounding development but not overpoweringly so.

The EIE also includes an intention to require boarding house development to be 100% affordable. Boarding house provisions were introduced by the ARHSEPP in 2009 and intended to provide for both traditional boarding houses as well as ‘new generation’ boarding houses with self-contained rooms in a compact and affordable form. It was expected that ‘new generation’ boarding rooms would be more affordable than other similar residential development in the same area, due to their small size and shared facilities.

In response to on-going concerns regarding boarding house developments, the Department worked with a group of councils during July and August 2019, to prepare advice to the Minister on issues associated with the boarding house provisions of the ARHSEPP. The EIE sets out the proposed changes to the Boarding House definition as:

Existing definition

boarding house means a building that:

(a) is wholly or partly let in lodgings, and

(b) provides lodgers with a principal place of residence for 3 months or more, and

(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,

but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment. Note. Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.

Proposed definition

boarding house means an affordable rental building that:

(a) provides lodgers with a principal place of residence for three months or more, and

(b) is managed by a registered not-for-profit community housing provider (CHP), and

(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or two adult lodgers,

but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment. Note. Boarding houses are a type of residential accommodation.

The key difference is the requirement for the development to be managed by a not-for-profit community housing provider. It must be noted that the above changes to the SEPP and definitions have not yet taken effect and as such the status of the application not being a Community Housing provider (CHP) was not a material consideration at the time of lodgement. Accordingly Council is required to determine the application on the basis of the existing definition. The fact that the State has signalled an intention to change the planning system to limit this form of development to CHP’s in future does not retrospectively prohibit the current application before council.

Draft Orange Local Environmental Plan 2011 (Amendment 26)

Draft Orange LEP 2011 Amendment 26 will be re-exhibited (December 2020-January 2021). The Draft plan relates to land at 1517 Forest Road, being the private health precinct. The revised proposal involves amendments to the (Concept) approved commercial use of the land, including commercial floor area restrictions and rezoning to B1 Neighbourhood Centre. The Draft Plan has no effect for the proposed development.

Draft State Environmental Planning Policy - Remediation of Land

Draft Remediation of Land SEPP is applicable. The Draft SEPP requires in part that consideration be given to potential contamination on nearby or neighbouring properties and groundwater. The adjoining lands have longstanding commercial use and are unlikely to be contaminated, with nil effect for the proposed development.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

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

Development Control Plan 2004

The following Chapter 7 Planning Outcomes are considered as a guide in the assessment of the proposal:

Neighbourhood Character

The DCP sets the following Planning Outcomes in regard to Neighbourhood Character:

· site layout and building design enables the:

- creation of attractive residential environments with clear character and identity

- use of site features such as views, aspect, existing vegetation and landmarks.

· buildings are designed to complement the relevant features and built form that are identified as part of the desired neighbourhood character

· the streetscape is designed to encourage pedestrian access and use.

As discussed in the heritage assessment above, the amended building design for the proposed boarding houses is considered to be compatible with the character of the local conservation area.

In terms of neighbourhood function, the proposed development will provide for a continuation of residential land use albeit in a more compact form and will not adversely alter the function of the neighbourhood. The proposal will provide a rental housing option to supplement housing needs in the community, and contribute to the variety of housing types and densities in the neighbourhood.

Building Appearance

The DCP sets the following Planning Outcomes in regard to Building Appearance:

· the building design, detailing and finishes relate to the desired neighbourhood character, complement the residential scale of the area, and add visual interest to the street

· the frontages of buildings and their entries face the street

· garages and car parks are sited and designed so that they do not dominate the street frontage.

As outlined previously in this report, the building design and detailing for the proposed boarding houses are compatible with the character of the local area in respect of built form, massing, site coverage, streetscape presentation, setbacks, design and finishes. Council’s Heritage Advisor evaluated the most recent set of plans and advised that the design is now acceptable.

Heritage

The DCP sets the following Planning Outcomes in regard to Heritage:

· heritage buildings and structures are efficiently re-used

· new development complements and enhances the significance of a heritage item or place of heritage significance listed in the Orange Heritage Study

· significant landscape features are retained including original period fences and period gardens.

As considered in the heritage assessment above, it is considered that the proposed development will complement the conservation heritage area.

Setbacks

The DCP sets the following Planning Outcomes in regard to Setbacks:

· street setbacks contribute to the desired neighbourhood character, assist with the integration of new development and make efficient use of the site

· street setbacks create an appropriate scale for the street considering all other streetscape components.

The proposed setbacks for the development are considered to be acceptable in the context of surrounding buildings in the street.

The building setbacks will vary from 5.1m for the single storey section of the proposed building to 16.8m for the double storey section of the building from Curran Street. The upper storey will be set back 2.6m from the public lane to the north and 14m from the public lane to the west (Refer to Figure 6 below).

Figure 6 - proposed First Floor plans indicating setbacks from Curran Street and Public Lane

Front Fences and Walls

The DCP sets the following Planning Outcomes in regard to Fences and Walls:

· Front fences and walls:

- assist in highlighting entrances and creating a sense of identity within the streetscape

- are constructed of materials compatible with associated housing and with fences visible from the site that positively contribute to the streetscape

- provide for facilities in the street frontage area such as mail boxes.

The proposal includes a new timber picket front fence and a new wide path and stairs into the property from Curran Street. There is no objections to the type and style of fencing proposed.

Visual Bulk

The DCP sets the following Planning Outcome in regard to Visual Bulk:

· Built form accords with the desired neighbourhood character of the area with:

- side and rear setbacks progressively increased to reduce bulk and overshadowing

- site coverage that retains the relatively low density landscaped character of residential areas

- building form and siting that relates to landform, with minimal land shaping (cut and fill)

- building height at the street frontage that maintains a comparable scale with the predominant adjacent development form

- building to the boundary where appropriate.

The visual bulk for the proposed development will be compatible with the built form in this precinct, and will not have encroachment impacts on the streetscape or adjoining dwellings:

o Side and rear setbacks will exceed typical residential setbacks.

o Site coverage for the development will comprise some 41%, and not exceed the maximum site cover for residential development (ie. 50% for multi dwelling housing).

o The buildings will be contained within the DCP-prescribed visual bulk envelope plane.

Council’s heritage adviser has indicated that the amended building design is acceptable in terms of bulk and scale.

Walls and Boundaries

The DCP sets the following Planning Outcome in regard to Walls and Boundaries:

· Building to the boundary is undertaken to provide for efficient use of the site taking into account:

- the privacy of neighbouring dwellings and private open space

- the access to daylight reaching adjoining properties

- the impact of boundary walls on neighbours.

The proposal does not involve the construction of buildings on the boundary.

Daylight and Sunlight

The DCP sets the following Planning Outcome in regard to Daylight and Sunlight:

· Buildings are sited and designed to ensure:

- daylight to habitable rooms in adjacent dwellings is not significantly reduced

- overshadowing of neighbouring secluded open spaces or main living area windows is not significantly increased

- consideration of Council’s Energy Efficiency Code.

The SEPP provides sunlight assessment criteria to consider in relation to the communal living room. The SEPP requires at least one communal living room to receive at least three hours of direct sunlight between 9am and 3pm in midwinter. The communal living space does not comply with the requirement. Whilst the design of the proposed communal area is not technically compliant with the requirements of SEPP (Affordable Rental Housing) 2009 it is open for Council to consider on merit the overall suitability of the design. To this end the overall design is considered acceptable. The design incorporates a communal outdoor BBQ area and communal lawn areas adjacent to the communal living area. This space has been designed to be used as a recreational space that has effective access to sunlight and will on balance achieve good outcomes in terms of general amenity for users.

Further, it should be noted that whilst not required most of the boarding rooms have direct access to their own private space areas with many of the areas receiving access to natural sunlight.

Further, shadow diagrams have been submitted in support of the proposal. As demonstrated, the proposed development will not adversely impact on solar access to the building to the south of the site which is used for commercial use. Sunlight to habitable spaces of the adjoining dwelling will comply with the DCP-prescribed guidelines.

Views

The DCP sets the following Planning Outcomes in regard to Views:

· building form and design allow for residents from adjacent properties to share prominent views where possible

· views including vistas of heritage items or landmarks are not substantially affected by the bulk and scale of the new development.

The subject site is not within an important view corridor. Notwithstanding, the proposed buildings will not unreasonably diminish views for other properties in the vicinity, based on building height and finished floor levels.

Visual Privacy

The DCP sets the following Planning Outcome in regard to Visual Privacy:

· direct overlooking of principal living areas and private open spaces of other dwellings is minimised firstly by:

- building siting and layout

- location of windows and balconies

and secondly by:

- design of windows or use of screening devices and landscaping.

The proposed site layout and building design will provide reasonable visual privacy for the proposed development and adjoining dwellings. While the issue of privacy was raised in public submission privacy impacts from the proposed development are unlikely to be significant given the following reasons:

· Whilst the upper deck contains an open deck, the area is well set back from neighbouring properties.

· The units on the ground floor (Units 1 to 7) face south onto the driveway of the adjoining business.

· The units on the ground floor (Units 8 to 11) on the western side of the site face onto a public laneway. Access to their private open space is via a bedroom and is not directly accessible from the living area. Whist privacy impacts from these units is not considered a significant issue a condition has been included to provide additional landscaping along the western boundary.

· The upper level of the boarding house (Units 13, 14 and 15) contain a couple of bedroom windows on the southern and northern elevation. The southern elevation of the first floor only contains a bathroom windows and whilst the northern elevation of the first floor contains a large window for Unit 14 and a couple of bathroom windows, it is expected that there would be limited impact on adjoining neighbours given the limited use of these rooms.

Acoustic Privacy

The DCP sets the following Planning Outcome in regard to Acoustic Privacy:

· site layout and building design:

- protect habitable rooms from excessively high levels of external noise

- minimise the entry of external noise to private open space for dwellings close to major noise sources

- minimise transmission of sound through a building to affect other dwellings.

Access to the proposed car parking spaces is via the public laneway off Curran Street. Directly opposite the public laneway is a dwelling located at No 7 Curran Street. This single storey dwelling contains a number of bedroom windows directly adjacent to the laneway.

It is noted that the location of the proposed car parking spaces adjacent to the existing dwelling may have some acoustic and lighting impacts on the residents. The resident did put in a public submission requesting the ‘installation of a new 1.8m timber fence along their southern boundary to minimise potential impacts of vehicle noise and lights on neighbouring residences’.

The applicant has agreed to this request to construct a 1.8m timber lap and capped fence. The construction of the 1.8m timber lapped and capped fence along the southern boundary of No 7 Curran Street should minimise the potential impact of the development on the existing residents. Attached is a condition to this effect.

Security

The DCP sets the following Planning Outcomes in regard to Security:

· the site layout enhances personal safety and minimises the potential for crime, vandalism and fear

· the design of dwellings enables residents to survey streets, communal areas and approaches to dwelling entrances.

It is recognised that effective design can assist to reduce crime opportunities. According to the NSW Department of Planning publication ‘Crime Prevention and Assessment of Development Applications (2001)’, crime prevention through environmental design (CPTED) seeks to influence the design of building and places so as to:

· increase the perception of risk to criminals by increasing the possibility of detection, challenge and capture

· increase the effort required to commit crime by increasing the time energy or resources which need to be expended

· reduce the potential reward of crime by minimising, removing or concealing ‘crime benefits’

· remove conditions that create confusion about required norms of behaviour.

More specifically, CPTED involves the following principles:

· surveillance

· assess control

· territorial reinforcement

· space management.

An address of each of the CPTED principles is provided below.

Surveillance

The guidelines states that good surveillance means that people can see what other are doing. People feel safe in public areas when they can be easily seen and interact with others.

The proposed development is considered satisfactory in this regard due to the following:

· The proposed development provides for passive surveillance of the street and communal areas

· The car parking areas, pathways and entrances will be illuminated

· CCTV will be installed within the site at the request of NSW Police (and this has been included in the conditions )

· Landscaping will be provided in a manner to minimise the potential for concealment.

Access Control

The guidelines suggest that physical and symbolic barriers can be used to attract, channel or restrict movement of people. They minimise opportunities for crime and increase the efforts required to commit crime.

The proposed development is considered satisfactory in this regard due to the following:

· The pathways and pedestrian routes channel people to the front and entrance to the building.

· The proposed fencing clearly delineates the go and no-go zones with the development.

· The inclusion of the communal open space area at the front of the building provides good access control by the existing tenants.

· The proposal includes an on-site manager.

Territorial Reinforcement

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.

The proposed development is considered satisfactory in this regard principally due to the proposed boarding house which has been designed to balance safety and security by providing a large communal BBQ area at the front to the building.

Space Management

Space management strategies include activity coordination, site cleanliness, and the rapid repair of vandalism, graffiti and general decay of building/s and surrounding area/s.

In this regard, the proposal development is considered satisfactory as it will be maintained in accordance with the draft plan of management which addresses the specific issues of cleanliness and general maintenance.

As alluded to above NSW Police NSW Police have evaluated the application and have requested that the applicant install and maintain CCTV for all public accessible areas. In order to reduce the crime risks associated with the proposal, a condition is included recommending the installation of CCTV.

Circulation and Design

The DCP sets the following Planning Outcome in regard to Circulation and Design:

· accessways and parking areas are designed to manage stormwater

· accessways, driveways and open parking areas are suitably landscaped to enhance amenity while providing security and accessibility to residents and visitors

· the site layout allows people with a disability to travel to and within the site between car parks, buildings and communal open space.

Access to the car parking is via the public lane to the north of the site. The public lane is to be upgraded in accordance with Council specifications. This will require the laneway to be constructed to a 6.0m wide (variable width) from Curran Street kerb and gutter for the full length of the northern property boundary adjoining the laneway. Council’s Engineers have indicated that the upgraded laneway has adequate space for vehicles to enter the site and leave in a forward direction.

Car Parking

The DCP sets the following Planning Outcomes in regard to Car Parking:

· parking facilities are provided, designed and located to:

- enable the efficient and convenient use of car spaces and accessways within the site

- reduce the visual dominance of car parking areas and accessways.

· car parking is provided with regard to the:

- the number and size of proposed dwellings

- requirements of people with limited mobility or disabilities.

Council’s DCP would ordinarily require the provision of one (1) car parking space per bedroom. If assessed under these provisions the development would have a car parking shortfall of eight (8) spaces.

Having said this, car parking for the development is required to be assessed against the requirements of SEPP (Affordable Rental Housing) 2009 (Clause 29(2)(e)). In the case where the development is not operated by a social housing provider the SEPP specifically requires 0.5 spaces per boarding room and one (1) space per employee (manager).

The development comprises 14 boarding rooms and a managers unit and therefore will generate a demand for 8 car parking spaces to be provided. The submitted plans show the provision of seven (7) car parking spaces including 1 disabled space which has an expanded shared zone. The development is non-compliant with this requirement of the SEPP by one (1) space.

Where a technical non-compliance with the SEPP occurs it is open for Council to carry out a merit based assessment of the parking shortfall. The applicant has requested that Council support the proposed shortfall of parking in this case based on the following justification:

The SEPP has been based on case studies that show that public transport and a range of tenancy needs are well below one space per unit. The SEPP requirements of 7.5 spaces show we are 0.5 space close to compliance and considered reasonable in the overall scheme of reuse of an existing building with onsite design challenges.

As discussed above the Council staff assessment revealed that the development has an actual shortfall of 1 space as opposed to 0.5 of a space as alluded to above. In any event it is difficult to provide 0.5 of a car parking space and accordingly the space would ordinarily be rounded up to be 1 space consistent with Council’s usual approach in such circumstances. In terms of the non-compliance with the car parking requirements under the Affordable Rental Housing SEPP is considered acceptable for the following reasons:

· The variation is considered relatively minor when assessed against the requirements of the SEPP which ordinarily prevail where there is a discrepancy between standards. The provisions of the SEPP recognise that this type of development typically has a lower demand for car parking than other residential styles of development. The lower demand is partly attributed to the fact that the development is located on the fringe of the CBD with easy pedestrian access to shopping facilities and various modes of public transport hence potentially reducing the demand for a vehicle. Further this style of development is typically designed for short term rental opportunities for people who may only need to reside in the area for a short period of time (ie fly in fly out workers).

· The re-development of the site will remove the existing vehicle cross over which is located in the middle of the site. The site has a long frontage (28m) on Curran Street and whilst Curran Street is relatively narrow, it could be argued that an additional space within the street frontage can be made available by reinstating the kerb and formally closing the access in this case.

· On street parking is suitably removed from intersections and has reasonable sight lines along Curran Street to the north and site.

Private Open Space

The DCP sets the following Planning Outcomes in regard to Private Open Space:

· private open space is clearly defined for private use

· private open space areas are of a size, shape and slope to suit the reasonable requirements of residents including some outdoor recreational needs and service functions

· private open space is:

- capable of being an extension of the dwelling for outdoor living, entertainment and recreation

- accessible from a living area of the dwelling

- located to take advantage of outlooks; and to reduce adverse impacts of overshadowing or privacy from adjoining buildings

- Orientated to optimise year round use.

As outlined previously, private open space will be provided for the development and is generally in compliance with SEPP (Affordable Rental Housing) 2009 (Clause 29(2)(d)). While the SEPP only requires open space for shared use by lodgers and a private area for managers, the proposal involves private open space for most of the rooms. Most of the proposed boarding rooms will have a private and directly accessible courtyard.

Open Space and Landscaping

The DCP sets the following Planning Outcomes in regard to Open Space and Landscaping:

· the site layout provides open space and landscaped areas which:

- contribute to the character of the development by providing buildings in a landscaped setting

- provide for a range of uses and activities including stormwater management

- allow cost effective management.

· the landscape design specifies landscape themes consistent with the desired neighbourhood character; vegetation types and location, paving and lighting provided for access and security

· major existing trees are retained and protected in a viable condition whenever practicable through appropriate siting of buildings, accessways and parking areas

· paving is applied sparingly and integrated in the landscape design.

A concept landscape plan has been submitted in support of the proposal. A number of conditions have been included in the notice of determination to ensure that landscaping is carried out in accordance with the concept plan.

Stormwater

The DCP sets the following Planning Outcomes in regard to Stormwater:

· onsite drainage systems are designed to consider:

- downstream capacity and need for onsite retention, detention and re-use

- scope for onsite infiltration of water

- safety and convenience of pedestrians and vehicles

- overland flow paths.

· provision is made for onsite drainage which does not cause damage or nuisance flows to adjoining properties.

The proposal has been designed to include some permeable surfaces to continue to absorb surface waters. A condition of consent is recommended to ensure that stormwater is adequately connected to the reticulated stormwater system provided to the site during the construction phase of development.

Erosion and Sedimentation

The DCP sets the following Planning Outcome in regard to Erosion and Sedimentation:

· measures implemented during construction to ensure that the landform is stabilised and erosion is controlled.

Should the application be approved, conditions would be imposed in relation to sediment and erosion control during construction.

INFILL GUIDELINES

The issues of heritage impacts have been addressed above. The amended design has demonstrated there will be no significant impacts on the adjoining Heritage conservation area.

DEVELOPMENT CONTRIBUTIONS

Orange Development Contributions Plan 2017

Orange Development Contributions Plan provides for the levying of development contributions for residential accommodation (including boarding houses). Based on 15 boarding rooms less 6 credits for the existing residential units in the LGA contributions area, development contributions are applicable as follows:

Open Space and Recreation	Nine additional one (1) bedroom boarding rooms @ $1,747.86	15,730.74
Community and Cultural	Nine additional one (1) bedroom boarding rooms @ $506.88	4,561.92
Roads and Traffic Management	Nine additional one (1) bedroom boarding rooms @ $2,573.86	23,164.74
Plan Preparation and Administration	Nine additional one (1) bedroom boarding rooms @ $136.87	1,231.83
TOTAL:		$44,689.23

It is recommended that a condition be imposed requiring payment of contributions (applicable to the LGA contributions area) prior to issue of a Construction Certificate for the proposed development.

WATER AND SEWER HEADWORKS CHARGES

Section 64 water and sewer headwork charges are applicable to the proposed development. The contributions for water, sewer and drainage works are based on 0.33 water ET and 0.5 sewer ET per boarding room, pursuant to the NSW Water Directorate Guidelines. It is recommended that a condition be imposed requiring payment of contributions (applicable to the LGA contributions area) prior to issue of a Construction Certificate for the proposed development.

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

Demolition of a Building (clause 92)

The proposal demolition works is considered acceptable subject to a number of conditions.

Fire Safety Considerations (clause 93)

Each boarding room will be considered a separate fire compartment. Details to achieve compliance with the BCA in this respect will be required with a Construction Certificate application. Should the application be approved, conditions would be recommended in relation to this matter.

Buildings to be Upgraded (clause 94)

Upgrading of the building will be required to ensure the existing building is brought into partial or total conformity with the Building Code of Australia. Conditions are attached in relation to the required upgrading works.

BASIX Commitments (clause 97A)

A BASIX Certificate has been submitted in support of the proposed development which demonstrates compliance with the above policy.

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

Impacts on Conservation Area

As considered in the heritage assessment above, the building design for the proposed boarding houses is considered to be compatible with the character of the local area. It is considered that the proposed building design will not have an adverse effect on the significance of this setting in the East Orange HCA.

Visual Impacts

As outlined in the foregoing assessment, the visual impacts of the proposal are considered acceptable. Visual impacts associated with siting, massing and landscaping are considered to be within reasonable limit, subject to mitigation conditions should the application be approved.

Residential Amenity

A reasonable standard of residential amenity will be provided to lodgers of the proposed boarding house. In various design considerations, the development exceeds the prescribed controls contained within the SEPP (Affordable Rental Housing) 2009. Suitable justification for non-compliance with the Affordable Rental Housing has been provided and is considered acceptable. Impacts of the development on the amenity of adjoining dwellings (in terms of acoustic privacy, visual privacy, solar access and visual bulk) are considered to be within reasonable limit, subject to mitigation conditions should the application be approved.

Social and Economic Impacts

The proposal will have direct positive social impacts, in providing a form of accommodation that adds to the variety of housing types in the locality. The proposal is also likely to have broad positive economic and social impacts in that it will create additional employment opportunities during the construction period, support the demand for local services and facilities, increase social activity and street activation in and around Curran Street.

Having regard to the surrounding area, it is considered that the proposed development is adequate in terms of the character of the area and satisfactorily responds to the attributes of the site, with its bulk and scale being satisfactory in the context of locality.

The character, bulk and scale of the proposed development have been discussed in this report, in the context of SEPP ARH Boarding House provisions, OLEP 2011, and DCP controls. The proposal is considered to be acceptable in this regard.

Waste Management

Demolition and waste management will be subject to conditions recommended to be included in any development consent to be issued.

A Waste Management Plan has been provided with the application. The proposal provides a storage area for three (3) bulk storage of bins (refer to Figure 7 below). The bulk storage bins will be wheeled out by either the contractor or manager to the kerb for collection and back to a dedicated storage area within the site when empty.

Figure 7 - waste bin storage area

Conditions are recommended requiring the applicant to notify Council’s waste contractor JR Richards of the arrangement for the collection of the bins, and that the collection of waste is to be in accordance with Council’s service agreement. The applicant has confirmed that wasted generated by 15 x one (1) bedroom units would require the waste contractor to either visit the site twice a week or upon request by the onsite manager.

Based on the submitted information and the recommended conditions, the proposal is considered to be acceptable.

Anti-Social Behaviour and Crime

Consideration above has been given to the principles of Crime Prevention through Environmental Design in the proposed site layout and building design. The application has been referred to the Local Area Command. The NSW Police have recommended a condition be imposed in relation to surveillance with the installation of CCTV.

A number of submissions raised concerns about the potential negative social impact of the proposed boarding house. A condition of consent is recommended for a draft plan of management to be submitted prior to the release of the Construction Certificate. The plan of management and a number of other conditions have been recommended to ensure that the proposed facility is managed to minimise any potential impact on adjoining residents.

Neighbourhood Character

In respect of the built form (and as previously considered), the building design and detailing for the proposed boarding houses are compatible with the character of the local area in respect of form, massing, site coverage, streetscape presentation, setbacks, design and finishes.

In terms of neighbourhood function, the proposed development will provide for a continuation of residential landuse and will not alter the function of the neighbourhood. The proposal will provide a rental housing option to supplement housing needs in the community, and contribute to the variety of housing types and densities in the neighbourhood.

Traffic Matters

The proposal has the potential to impact upon traffic in the locality. Curran Street is relatively narrow and currently serves a range of residential properties in this precinct. The site is currently developed for the purposes of multi-dwelling housing and the new development seeks to introduce an additional nine 1 bedroom boarding units.

The car parking for the development is required to be considered against the requirements of the Affordable Rental Housing SEPP which prescribes a significantly lower parking requirement than other residential styles of development. These provisions provide a reasonable gauge and some context to the likely traffic generation envisaged for such development.

Having said this it is recognised that such development has the theoretical potential for a greater parking demand to be generated. However as discussed previously the parking provisions under the SEPP recognise that this style of accommodation is aimed at providing affordable housing opportunities in close proximity to the CBD where the reliance on the need for a motor vehicle is reduced. The lower demand is partly attributed to the fact that the development is located on the fringe of the CBD with easy pedestrian access to shopping facilities and various modes of public transport.

Council’s Technical Service Department have evaluated the application and have advised that they the proposed development is satisfactory in terms of traffic impacts. The traffic impacts are considered to be acceptable in this case due to the following:

· The capacity of the local road network is sufficient to accommodate additional localised traffic generated by the boarding house.

· Onsite vehicle parking spaces are generally consistent with the requirements of the SEPP (Affordable Rental Housing) 2009.(See discussion in report).

· The car park layout and design will comply with AS 2890.1-2004 - Off-street car parking.

THE SUITABILITY OF THE SITE S4.15

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

· boarding houses are a permitted land use in the R1 Residential zone

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

· the site has direct frontage and access to Curran Street and the public lane to the immediate north of the property

· onsite vehicle parking will be provided

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

· there is no known contamination on the land

· the subject land is located within close proximity to the Central Business District, and is accessible via public transport

· all utility services are available and adequate subject to augmentation

· the subject land has no biodiversity or habitat value.

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

The proposed development is defined as "advertised development" pursuant to Community Participation Plan. The application was advertised for the prescribed period, and at the end of that period eleven (11) submissions had been received. The issues raised in the submissions are considered below.

The key issues raised within the submissions have been discussed previously in this report. The following table provides a summary of the issues raised and a response to those issues.

Issue	Comment
Bulk and scale	Bulk and scale considerations have been addressed in this report and are considered acceptable.
The proposal should be classified as a hotel and should be located within a commercial area and not in a residential area.	Boarding houses are a classified land use and are permitted in the R1 General Residential Zone (being the zoning of the subject land) pursuant to Orange LEP 2011 and SEPP (Affordable Rental Housing) 2009. As outlined in this report, the proposal will reasonably integrate in the neighbourhood in respect of built form and function.
Traffic and use of the public lane	As outlined in this report, onsite vehicle parking resources are generally consistent with the requirements of SEPP (Affordable Rental Housing) 2009. Overflow on-street parking is available along the front of the site in Curran Street. Council’s Development Engineer has raised no objection to the use of the laneway. The public lane is to be upgraded via a condition of consent in accordance with Council specifications. This will require the laneway to be constructed to a 6.0m wide (variable width) from Curran Street kerb and gutter for the full length of the northern property boundary adjoining the laneway.
Pedestrian Safety	The proposal enables all vehicles to enter and leave the site in a forward direction via the public lane. The proposal includes a pedestrian access from Curran Street. The development is not expected to have any significant impact on pedestrian safety given that it is likely to be a low speed environment.
Noise from the construction phase	Concerns have been raised that the proposal will impact on the nearby residents during the construction phase. It is acknowledged that there may be some short term noise impact during the construction phase. A number of conditions have been placed on the consent to ensure that any potential impacts are minimised during construction.
Property Valuation	The proposal will not have significant adverse impact on the amenity of the adjoining premises or the neighbourhood generally and, accordingly, is not likely to detract from current market values. The impact of a development of the value of adjoining properties is not a valid consideration in the assessment of a development application pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979.
Fire Safety	The issue of fire safety has been considered by Council’s Senior Building Surveyor and is deemed acceptable subject to a number of conditions.
Future Occupants	The applicant intends that the boarding houses will be occupied by professionals. The intended lodgers of the boarding house is not a matter for Council in consideration of the proposal. Council does not have the ability to impose conditions of consent (nor enforce such conditions) placing limitations on lodgers. It is concurred that ongoing occupation of the boarding houses may not be by professionals. However, this is not a planning matter.
Plan of management	A condition has been included in the draft conditions requiring a plan of management to be prepared and submitted prior to the release of the Construction Certificate (CC).
Visual privacy	As discussed in this report, it is considered that the proposal does not generate a significant impact on the adjoining properties, in terms of privacy and overlooking.
Conflict of interest -	There is no conflict of interest. The applicant is entitled to submit the application and have it considered by Council.
Amenity of surrounding area and future tenants	The boarding house provides individual private open space areas and one communal living room on the ground floor along with a large communal BBQ area. This is consistent with the prescribed provisions of the SEPP ARH and will allow the tenants to have the options of using private or communal space, which allows acceptable amenity for the future residents. It is considered that the amenity of the adjoining properties will not be impacted as the development has been designed to provide setbacks to neighbouring residents.
Solar access and overshadowing	The overshadowing of adjoining buildings and the surrounding area is considered to be minimal and deemed acceptable.
Character	The character, suitability of the proposal have been discussed in this report, in the context of the SEPP ARH, OLEP 2011 and DCP controls.
Car parking	Parking considerations have been addressed in this report.
Traffic generation	Traffic considerations have been addressed in this report.
Overdevelopment of the site	The site is zoned Residential and boarding houses are permitted land use in this zone. For reasons given in this report, it is considered that the subject site is suitable for the proposed development.
Communal rooms	The proposed development provides one communal room along with a couple of outdoor communal areas, which complies with the provisions of SEPP ARH.
Concerns about the size of vehicles and indicates that many miners often have large 4 x 4.	The dimension of the provided car parking spaces and turning circles comply with the Australian Standard.
Heritage conservation area	For reasons given in this report it is considered that the development will not have a significant impact on the heritage conservation area. The amended proposal was supported by Council’s Heritage Advisor.
The width of the laneway and concerns about the width of Curran Street	The proposal complies with the parking provisions contained within the SEPP ARH. While Curran Street is a narrow street, the proposed development is not expected to have a significant impact on the existing road network. The increase in residential density is not expected to have a significant impact on pedestrian safety given the speed limit in and around the development site.
Setbacks	As discussed in this report, the proposal is considered to be acceptable having regard to the impacts on the adjoining land.
The application should be referred to NSW Police and any recommendations should be incorporated in the development	The application was referred to NSW Police and their recommendations for CCTV have been incorporated into the draft conditions.
Potential noise impacts from 15 air conditioning units	The proposal does not include the installation of additional air-conditioning units. Any potential noise generated by future air condition units would need to comply with relevant legislation in terms of noise generation. Attached is a condition of consent addressing this issue.
Anti-social problems including increased ‘arguments crime, theft, littering and noise’.	Consideration above has been given to the principles of Crime Prevention through Environmental Design in the proposed site layout and building design. The application has been referred to the Local Area Command. The NSW Police have recommended a condition be imposed in relation to surveillance with the installation of CCTV. In addition a condition of consent is recommended for a Draft Plan of Management to be submitted prior to the release of the Construction Certificate. A number of other conditions have been recommended to ensure that the proposed facility is managed to minimise any potential impact on adjoining residents.
Management issues	A condition is recommended to be placed on the consent for a Plan of Management to be submitted prior to the release of the Construction Certificate, to address appropriate conduct and effective management and operation of the boarding house. The provisions of SEPP ARH require an onsite manager which should ensure that the day to day operation of the boarding house is effectively managed.

PUBLIC INTEREST s4.15(1)(e)

The proposed development is in the public interest in terms of providing additional and affordable rental housing to the Orange Local Government Area.

The development is in the public interest and will allow for the orderly and economic development of the site.

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), SEPP (Affordable Rental Housing) 2009 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, D21/23124 ⇩

2 Plans, D21/22962 ⇩

3 Submissions, D21/11042 ⇩

Planning and Development Committee 4 May 2021

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 339/2020(1)

NA21/ Container PR14036

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Mr SF Lumby
Applicant Address:	C/- Saunders and Staniforth 2/204-206 Lords Place ORANGE NSW 2800
Owner’s Name:	Messrs M S Kidd and S F Lumby
Land to Be Developed:	Lots E and F DP 18925 – 3 and 5 Curran Street, Orange
Proposed Development:	Boarding House (change of use) and Alterations and Additions

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

Determination made under Section 4.16
Made On:	4 May 2021
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	5 May 2021
Consent to Lapse On:	5 May 2026

Terms of Approval

The reasons for the imposition of conditions are:

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

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

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

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

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

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

Conditions

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

(a) Plans prepared by Saunders and Staniforth. Sheets 3 to 12, dated 22/02/21 and 19/04/2021 Reference: 5 Curran

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

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

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

(4) In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of the Act, evidence that such a contract of insurance is in force is to be provided to the Principal Certifying Authority before any building work authorised to be carried out by the consent commences.

(5) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and the licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information under this condition becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

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

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

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

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.

(7) The proposed development shall be carried out in accordance with the approved BASIX Certificate.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(8) Full details of external colours and finishes of external materials are to be submitted and approved by Councils Manager Development Assessments prior to the issue of a Construction Certificate.

(9) A detailed plan showing landscaping is to be submitted to, and approved by, Council’s Manager Development Assessments prior to the issuing of a Construction Certificate. The landscape plan shall be amended to include additional planting of taller growing trees and/ or shrubs along the western boundary.

(10) In accordance with Section 7.11 of the Environmental Planning and Assessment Act 1979 and Orange Development Contributions Plan 2017 (Remainder of the Local Government Area) a contribution towards the provision of the following public facilities is required:

Open Space and Recreation	Nine additional one (1) bedroom boarding rooms @ 1,747.86	15,730.74
Community and Cultural	Nine additional one (1) bedroom boarding rooms @ 506.88	4,561.92
Roads and Traffic Management	Nine additional one (1) bedroom boarding rooms @ 2,573.86	23,164.74
Plan Preparation and Administration	Nine additional one (1) bedroom boarding rooms @ 136.87	1,231.83
TOTAL:		$44,689.23

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2017

(11) NSW Police require the installation of CCTV on all public and communal areas. Details of the proposed CCTV system shall be shown on the plans to accompany the Construction Certificate application.

(12) Prior to the release of the Construction Certificate the applicant shall prepare and submit an operational Plan of Management for the boarding house. The Operational Plan of Management shall address the following as a minimum:

(a) Maintenance and fire safety in the building.

(b) Measures to ensure that guest numbers do not exceed those specified by Condition 47.

(d) Proposed staffing arrangements, including location and contact details of the site manager.

(e) Prominent display of appropriate house rules eg guest behaviour, activities and noise, visitor policy, operating hours of outdoor communal areas, use of alcohol and/or drugs.

(f) Waste minimisation and recycling including the collection and cleaning of bulk waste bins.

(g) Professional cleaning details and vermin control (as a minimum, shared facilities such as kitchens and bathrooms shall be cleaned to a professional standard at least once a week).

(h) Safety and security measures for all residents may include but not be limited to such things as: Internal signage indicating the property caretaker or manager and contact number, emergency contact numbers for essential services such as fire, ambulance, police, and utilities such as gas, electricity, plumbing, and installation of perimeter lighting, appropriate fencing and secure gates.

(i) Record keeping requirements eg receipts for tariffs and fees charged.

(j) Arrangements for establishing and managing tenancy agreements.

(k) Residents rights to service providers and advocates.

(l) Power of entry for monitoring purposes.

(m) Complaint handily procedures.

(13) 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.

(14) 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.

(15) Prior to the issue of a Construction Certificate, evidence shall be submitted to Council of the lodgement of plans with Land & Property Information to consolidate Lots E and F DP 18925 into one parcel.

(16) Engineering plans providing complete details of the proposed car parking areas and roadworks in the laneway 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.

The laneway shall be constructed to a 6.0m wide (and variable width) urban standard public road from Curran Street kerb and gutter for the full length of the northern property boundary adjoining the laneway.

(17) A new sewer junction shall be constructed on Councils sewer main adjacent to the Curran Street frontage to serve the proposed development. The 2 existing sewer junctions shall be abandoned and capped off at the main. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

(18) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 2.55 ETs for water supply headworks and 4.50 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.

(19) 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.

(20) 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.

PRIOR TO WORKS COMMENCING

(21) 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.

(22) 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.

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

DURING CONSTRUCTION/SITEWORKS

(24) 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.

(25) 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.

(26) 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.

(27) 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.

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

(29) 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.

(30) All vehicle 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.

(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 water and sewerage services to the existing building, where they are not proposed to be used as part of this development, are to be sealed off at their respective Council mains.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(33) 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.

(34) 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.

(35) 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.

(36) Prior to the issue of an Occupation Certificate, evidence shall be submitted to Council of the registration of plans with Land & Property Information to consolidate Lots E and F DP 18925 into one parcel.

(37) 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.

(38) Landscaping shall be installed in accordance with the amended and approved landscaping plan, and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

(39) Prior to the issue of an Occupation Certificate the existing laneway shall be widened by 2.34m from the Curran Street boundary to the NE corner of unit 11 and dedicated as Public Road at no cost to Orange City Council.

(40) 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.

(41) 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.

(42) 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.

(43) Prior to the release of the Occupation Certificate the proponent shall enter into a service agreement with Council’s waste contractor for the collection of garbage, recycling and organic waste in association in association with the proposed boarding house. The waste service agreement shall not be amended or deleted without the agreement of Orange City Council.

(44) The applicant shall provide a 1.8m high lapped and capped hardwood timber fence along the southern boundary of the property at 7 Curran Street in conjunction with the lane upgrading requirements of this consent to address privacy and amenity impacts on the residence adjoining the laneway. The fencing shall not extend forward of the street setback of the dwelling.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(45) The onsite management shall be responsibility for the operation, administration, cleanliness and fire safety of the premises, including compliance with the approved Plan of Management.

(46) The collection of waste from the boarding house shall be in accordance with the service agreement with Council’s waste contractor required by Condition (43) of this consent.

(47) The boarding house shall have a maximum of two boarders per boarding room (total of 30 boarders including the boarding house manager).

(48) The boarding house manager shall be provided with a designated room and car parking space onsite. Contact details of the boarding house manager, including a mobile phone number, shall be available to the public by way of signage near the entrance of the boarding house. The contact details shall be kept up to date at all times.

(49) The use and occupation of the premises, including all plant and equipment installed thereon, is not to give rise to any offensive noise, as defined under the Protection of the Environment Operations Act 1997 (NSW).

Should Council consider offensive noise has emanated from the premises, the owner/occupier of the premises will be required to submit an acoustic assessment prepared by a suitably qualified acoustical consultant recommending appropriate acoustic measures necessary to ensure future compliance with this condition and will be required to implement such measures within a nominated period. Furthermore, written certification from the said consultant confirming the recommended acoustic measures have been satisfactorily implemented will be required to be submitted to Council prior to the expiration of the nominated period.

(50) 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.

(51) The carport is not to be enclosed on any elevation (including enclosure by the installation of roller doors) without separate development consent.

(52) The development shall comply with the requirement of NSW Police for the installation of CCTV on all public and communal areas. The installation of lighting to support the CCTV in the hours of darkness. The CCTV should be digitally recorded and viewable on site. The CCTV recordings should be kept for a minimum of 28 days. Signage should be erected to signify public and private areas and a site plan near the Managers office to prevent excuse making opportunities.

(53) The proposed boarding house development being operated in accordance with the definition of a 'boarding house' contained in the State Environmental Planning Policy (Affordable Rental Housing) 2009) being:

'a building:

(a) that is wholly or partly let in lodgings, and

(b) that provides lodgers with a principal place of residence for 3 months or more, and

(c) that may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d) that has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more ledgers, but does not include backpackers' accommodation, a group home a serviced apartment, seniors housing or hotel or motel accommodation.'

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:	5 May 2021

Planning and Development Committee 4 May 2021

2.3 Development Application DA 444/2020(1) - 1521 Forest Road

RECORD NUMBER: 2021/813

AUTHOR: Summer Commins, Senior Planner

EXECUTIVE Summary

Application lodged	18 November 2020 Amended proposal submitted 5 March 2021
Applicant/s	James Richmark Pty Ltd
Owner/s	Community Association - Deposited Plan 271257
Land description	Lots 1 and 4 DP 271257 - 1521 Forest Road, Orange
Proposed land use	Centre-based Child Care Facility
Value of proposed development	$4,000,000.00

Council's consent is sought for proposed centre-based child care facility at the Bloomfield Medical Centre site, located at 1521 Forest Road, Orange.

The proposal involves construction of a purpose-built facility for use as a child care centre; and associated site works including vehicle areas, external play space, fencing and landscaping. The facility will have capacity for 155 children aged between 0-5 years, and operate between the hours of 6am to 8pm Monday to Friday.

The proposal comprises advertised development pursuant to Council’s Community Participation Plan 2019. No submissions were received.

Notable planning matters for this application include:

· The approval history of the Bloomfield Medical Centre site, and the implications for the proposed development.

· The suitability of the proposed land use within the Bloomfield Medical Centre site.

· The proposal’s compliance with the Child Care Planning Guideline.

· The impacts of the proposal on local traffic arrangements.

As outlined in this report, the proposed development is considered to reasonably satisfy the Local and State planning controls that apply to the subject and particular land use. Impacts of the development will be within acceptable limit, subject to mitigation conditions. Approval of the application is recommended.

Figure 1 - locality plan

DECISION FRAMEWORK

DIRECTOR’S COMMENT

The key planning issues for consideration of the development relate to the suitability of the proposed land use within the Bloomfield Medical Centre site, the proposal’s compliance with the Child Care Planning Guideline and the overall impact of the development on traffic and parking in the locality. The Bloomfield Medical Centre site is subject to a Voluntary Planning Agreement in conjunction with the original Part 3A Concept Approval. The Concept Approval for the site was recently required to be surrendered so as to facilitate the consideration of the current LEP amendment before Council. Following the surrender of the Concept Approval, the planning agreement remains active for only Precincts 1 and 2 and no longer applies to development within what was previously known as Precincts 3 and 4 (subject land). The planning agreement initially addressed in part matters in relation to water and sewer headwork charges for development within precincts 3 and 4. In the absence of the planning agreement the headwork charges for water and sewer will now need be dealt with via a specific condition of consent. I support the staff planning assessment. It is recommended that Council consents to the proposed development.

Link To Delivery/OPerational Plan

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA 444/2020(1) for Centre-based Child Care Facility at Lot 1 DP 271257 - 1521 Forest Road, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

The approval history relating to the Bloomfield Medical Centre site is summarised as follows:

· The Bloomfield Medical Centre site is the subject of Major Project Concept Approval (MP07_0072), granted by the NSW Minister for Planning in 2008.

· The site masterplan for the approved Concept comprises four precincts as follows (see Figure 2):

- Precinct 1: health facilities (pathology, medical imaging, medical suites) and retail (convenience store, hairdresser, takeaway food and drink premises)

- Precinct 2: private hospital and medi-motel

- Precinct 3: child care centre (100 places) and residential purposes (7,500m² GFA or 59 x two bedroom apartments)

- Precinct 4: residential purposes (17,000m² GFA or 157 x two bedroom apartments)

Figure 2 – Major Project Concept Approval

· Project Approvals have subsequently been granted for developments within Precincts 1 and 2 (MP 08_0232 (as modified) and MP 08_0232 (as modified) respectively). Construction of the private hospital and medi-motel in Precinct 2 is proceeding/nearing completion.

· Major Project Concept Approval (MP07_0072) has been voluntarily surrendered.

· The surrender of the Concept Approval does not result in the surrender of the Project Approvals that relate to Precincts 1 and 2. The approved developments in Precincts 1 and 2 remain in place.

· The surrender of the Concept Approval removes the development concept that was approved for Precincts 3 and 4. Future development within former Precincts 3 and 4 are subject to Local and State planning controls.

· The proposal involves development of a centre-based child care facility within former Precinct 3- as was originally approved in the Concept Approval.

THE PROPOSAL

Council’s consent is sought for proposed centre-based child care facility at the Bloomfield Medical Centre precinct at 1521 Forest Road, Orange.

The development site is described as Lot 1 (Community Property) and Lot 4 in DP 271257. The proposed building will be constructed on Lot 4, with proposed car parking areas to be located on Community Lot 1, as depicted below.

Figure 3 – subject land: Lots 1 and 4 DP 271257

Proposed Building

The proposed building will be sited immediately to the West (rear) of the tower health services building; and North-West of the hotel building (see below).

Figure 4 – site context/location

The proposed building will comprise a single-storey structure of contemporary commercial design and scale. The building will contain:

· Entry foyer with reception area and office.

· Kitchen, dining room and laundry.

· Staff room and amenities.

· Nine age group-specific playrooms with adjacent bathrooms, stores and sleeping rooms.

The proposed floor plan is depicted below (see Figure 5).

Figure 5 – proposed Floor Plan

External finishes will comprise:

· Smooth-faced blockwork to main and base walls.

· Lightweight coloured panels to upper walls.

· Aluminium window frames in anodised finish or powder coated in primary colours.

· Colorbond roof sheeting.

· Steel posts, balustrades and fencing.

Elevation drawings are depicted below (see Figure 6).

Figure 6 – North and East elevations

Proposed Site Works

The proposal involves various site works including:

· Construction of on-grade car parking areas with a total of 115 spaces, to the North and East of the proposed building.

· Establishment of internal and North-facing playground with associated elements (soft-fall, equipment, landscaping and seating).

· Landscaping to the Eastern frontage and site perimeter.

· Construction of paths, paving and fencing.

· Service extensions and connections.

The proposed site layout is depicted below.

Figure 7 – proposed site layout

Operation

The proposed child care facility will have capacity for 155 children and 27 staff members. The facility will operate between the hours of 6am to 8pm Monday to Friday.

MATTERS FOR CONSIDERATION UNDER THE ENVIRONMETNAL PLANNING AND ASSESSMENT ACT 1979

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

Pursuant to Clause 1.7:

This Act has effect subject to the provisions of Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994 that relate to the operation of this Act in connection with the terrestrial and aquatic environment.

In consideration of this section, the proposed development is not likely to significantly affect a threatened species.

· The subject and adjoining lands are not identified as biodiversity sensitive on the Orange LEP 2011 Terrestrial Biodiversity Map.

· The site is not a dedicated area of outstanding biodiversity value.

· The proposal does not involve clearing above thresholds prescribed by regulation.

· The land is a highly disturbed urban environment. The development is unlikely to give rise to significant impact upon any endangered ecologically communities, threatened species or their habitat.

Based on the foregoing consideration, a Biodiversity Assessment Report is not required, and the proposal suitably satisfies the relevant matters at Clause 1.7.

Section 4.15 Evaluation

Provisions of any Environmental Planning Instrument S4.15(1)(a)(i)

Orange Local Environmental Plan 2011

Part 1 – Preliminary

Clause 1.2 Aims of Plan

The particular aims of the LEP relevant to the proposal include:

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

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

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

Clause 1.6 Consent Authority

Clause 1.6 is applicable and states:

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

Clause 1.7 Mapping

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

Land Zoning Map:	Land zoned R1 General Residential
Lot Size Map:	No minimum lot size
Heritage Map:	Not a heritage item or conservation area; adjacent to a heritage item
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies
Flood Planning Map:	Partly within a flood planning area

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

Clause 1.9A Suspension of Covenants, Agreements and Instruments

Clause 1.9A is applicable and states in part:

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

(2) This clause does not apply:

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

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

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

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

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

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

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

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

Part 2 – Permitted or Prohibited Development

Clause 2.1 Land Use Zones

The subject land is zoned R1 General Residential.

The proposal is defined as centre-based child care facility.

The proposal is permitted with consent in the R1 zone.

Clause 2.3 Zone Objectives and Land Use Table

The objectives of the R1 General Residential zone are:

· To provide for the housing needs of the community.

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

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

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

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

The proposal will be consistent with the relevant zone objectives. The proposed centre‑based child care facility will provide a long-day child care service that will be utilised by staff of the adjacent health services facilities, and residents in the developing Shiralee subdivision. Centre-based child care facilities are a permitted and complementary land use in the R1 zone.

Part 3 – Exempt and Complying Development

The application is not exempt or complying development.

Part 4 – Principal Development Standards

The Part 4 Development Standards do not apply to the subject land or proposed development.

Part 5 – Miscellaneous Provisions

Clause 5.10 – Heritage Conservation

The subject land is located adjacent to a State-listed heritage item: Item 21- Bloomfield Hospital “Nymagee Lodge” including landscape features, entry gateway, Elm Avenue and grounds).

Clause 5.10 is applicable and states in part:

In consideration of this clause, the proposed development will not have adverse impact on the significance of the nearby listed item. There will be nil spatial and visual relationship between the heritage item and proposed child care facility, due to separation attributed to distance and development within the intervening area.

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

Clause 7.3 Stormwater Management

Clause 7.3 is applicable. This clause states in part:

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

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

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

Conditions relating to stormwater management will be imposed to satisfy the requirements of Clause 7.3.

Clause 7.6 Groundwater Vulnerability

The subject land is identified as ‘Groundwater Vulnerable’ on the Groundwater Vulnerability Map. Clause 7.6 applies. This clause states in part:

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

(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.

There are no aspects of the proposed development that will impact on groundwater and related ecosystems, pursuant to Clause 7.6.

Clause 7.11 Essential Services

Clause 7.11 applies and states:

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) storm water drainage or onsite conservation,

(e) suitable road access.

In consideration of this clause, the above-listed utility services are available to the land and adequate for the proposal.

State Environmental Planning Policy (Infrastructure) 2007

Division 17 Roads and Traffic

Section 101 Development with frontage to a classified road

Section 101 is applicable and states in part:

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

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

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

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

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

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

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

Road access to the Bloomfield Medical Centre site is via Forest Road (a State classified road) and a four-way signalised intersection.

The internal road system on the site (within Community Property Lot 1) comprises Federation Avenue, which extends in a Westerly direction from Forest Road to a central roundabout; and Albury Way, which extends from the roundabout to the South. Albury Way provides vehicular access to the rear health services tower building, the medi-motel and the proposed child care centre (see Figure 8).

Figure 8 – internal road layout

The siting and design of the Forest Road access; the nature, volume and frequency of vehicles using the access; and the effects of traffic noise and vehicle emissions within the site were considered for the Major Project Approval. The proposed child care facility will not alter the approved arrangements.

The proposed development site does not have frontage to a classified road. No works are proposed within the classified road. The proposed development will not be contrary to any matter at Clause 101.

Section 104 Traffic Generating Development

Section 104 is applicable and states in part:

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

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

The proposal is not a listed traffic generating land use in Schedule 3. TfNSW does not have a referral role in the application.

Notwithstanding this, the following advice was provided by TfNSW for ‘consideration by the consent authority:’

The consent authority should consider requiring a revised Traffic Impact Assessment for the proposed child care centre that incorporates:

- The childcare traffic against a baseline scenario that includes all other as-built and currently approved (but not yet built) developments in the precinct.

- Revised analysis based on current real-world data, noting the signalised intersection and surrounding sites have development significantly since the desktop review prepared in 2018.

- Include modelling or sensitivity analysis of the trip distribution assumptions…

- The 2018 traffic report appears to have only included limited modelling of future network efficiency performance, with a focus on the signalised intersection on Forest Road (eg. using SIDRA). Modelling should include the baseline, post-development and post development + 10 years scenarios.

Council’s Manager Engineering Services (MES) has reviewed the TfNSW recommendations. He considers that a revised Traffic Impact Assessment is not required for the proposal. The (surrendered) Concept Approval for the precinct accepted that the site would ultimately be developed for a hospital, motel, retail facilities, aged care housing and child care centre. The signalised intersection with Forest Road was required and designed to cater for the completed development of the precinct. As such, it is considered that the capacity of the local road network will be suitable to accommodate traffic generated by the proposed child care facility.

MES does consider it appropriate, however, that a SIDRA performance analysis be undertaken in conjunction with the proposed development. A SIDRA analysis will review the Forest Road/Federation Avenue intersection capacity, performance, level of service and timing calculations (ie. phasing of traffic lights). A Condition will be imposed requiring a SIDRA analysis be undertaken for baseline, post-development and post-development +10 years scenarios (as suggested by TfNSW).

State Environmental Planning Policy 55 Remediation of Land

SEPP 55 is applicable and states in part:

(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.

(2) Before determining an application for consent to carry out development that would involve a change of use on any of the land specified in Subclause (4), the consent authority must consider a report specifying the findings of a preliminary investigation of the land concerned carried out in accordance with the contaminated land planning guidelines.

(4) The land concerned is:

to the extent to which it is proposed to carry out development on it for residential, educational, recreational or child care purposes, or for the purposes of a hospital- land:

(i) in relation to which there is no knowledge (or incomplete knowledge) as to whether development for a purpose referred to in Table 1 to the contaminated land planning guidelines has been carried out, and

(ii) on which it would have been lawful to carry out such development during any period in respect of which there is no knowledge (or incomplete knowledge).

The proposal involves use of the subject land for a centre-based child care facility. Pursuant to Clauses 2 and 4, contamination clearance was given for the subject land in conjunction with the Concept Approval. Further contamination investigation will not be required for the proposed child care facility. The subject land is suitable in its current form for the proposed development. A condition will be imposed requiring implementation of ‘unexpected finds’ procedure during construction works.

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

SEPP (Educational Establishments and Child Care Facilities) 2017 is applicable. The relevant provisions of the SEPP are considered below.

Clause 5 – Interpretation

The proposed development is defined as a “centre-based child care facility” pursuant to Clause 5.

Clause 22 – Centre-based child care facility – concurrence of Regulatory Authority required for certain development

Indoor unencumbered floor space will comply with Regulation 107 of the Education and Care Services National Regulations pursuant to Clause 22. Indoor floor space of 503.75m² is required (based on 3.25m² x 155 children) and 516.13m² provided over nine playrooms.

Outdoor unencumbered space requirements will comply with Regulation 108 of the Education and Care Services National Regulations, pursuant to Clause 22. Outdoor play space of 1,085m² is required (based on 7m² x 155 children) and 1,100m² provided.

Based on spaces compliance above, concurrence of the Regulatory Authority for NSW under the Children (Education and Care Services) National Law (NSW) is not required for the proposed development.

Clause 23 – Centre-based child care facility – matters for consideration by consent authorities

The proposed development complies with the applicable provisions of the Child Care Planning Guideline (Department of Planning and Environment 2017) pursuant to Clause 23, as demonstrated below.

CHILD CARE PLANNING GUIDELINE

Part 2 – Design Quality Principles

Principle 1 – Context

The proposed child care facility is a permitted and complementary land use for the precinct. The site is well-located to attract facility users from the nearby employment and residential lands. The development site is located adjacent to the transport route and accessible via public transport.

Principle 2 – Built Form

The proposed building design and detailing will relate to the contemporary commercial built form on the subject land.

Principle 3 – Adaptive Learning Spaces

The proposal will provide purpose-built indoor learning spaces that are ‘fit-for-purpose, enjoyable and easy to use.’

Principle 4 – Sustainability

The proposed building will incorporate energy efficient influences in the design.

Principle 5 – Landscape

The proposed landscape design concept for the child care facility is supported by Council’s Manager City Presentation.

Principle 6 – Amenity

A high standard of amenity will be provided for users of the child care facility. Indoor and outdoor play spaces will be efficient and functional with generous natural light, ventilation and outlook. Residential amenity will be maintained for residents of the aged care facility to the South.

Principle 7 – Safety

The proposed development will satisfy the principles of Crime Prevention through Environmental Design.

Part 3 – Matters for Consideration

3.1 – Site Selection and Location

Objective: to ensure that appropriate zone conditions are assessed when selecting a site.

Noise

Residents of the nearby aged care facility on the adjoining Southern parcel at 1503 Forest Road are unlikely to be impacted by noise emissions associated with the development due to the following:

· There will be a generous separation between the uses (some 100+m).

· Outdoor play spaces will be oriented to the North, and away from the aged care facility.

· Outdoor play spaces will be contained within the U-shaped building, which will act as an acoustic barrier.

· The proposal will not result in new traffic paths nearby the aged care facility.

· New parking areas will not directly oppose the aged care facility.

· Daytime operation of the child care facility will preclude after-hours noise nuisance.

There are no other residential receivers within the vicinity of the proposed child care facility. The motel on the health precinct site would be constructed with noise attenuation measures appropriate to the use. Council’s Environmental Health Officer is satisfied that noise emissions associated with development will comply with relevant criteria.

Privacy

The proposed site layout and building design will provide acceptable visual privacy for residents of the nearby aged care facility. Indoor and outdoor play spaces will be orientated to the North and West, and away from the aged care facility. New parking areas will not oppose the aged care facility. The spatial separation between the buildings and associated outdoor areas will be generous to prevent overlooking.

Odour

The garage enclosure for the proposed child care facility will be located adjacent to the Northern on-grade carpark, at the Western end. The enclosure will be well-removed from nearby residents. Odour impacts are not anticipated.

Lighting

Based on the long-day operation of the proposed facility, car park lighting (and other external lighting) will be required. A Condition is imposed requiring outdoor lighting to comply with AS 4282:1997 Control of the obtrusive effects of outdoor lighting.

Traffic Matters

Traffic Generation

The Bloomfield Medical Centre site has been subject to various traffic and parking studies in support of the (surrendered) Concept Approval and Project Approvals for Precincts 1 and 2. Traffic analysis of the proposals has always recognised that the precinct would accommodate a 100 place child care facility.

It is acknowledged that the proposal involves an additional 55 places than previously contemplated. Notwithstanding this, the arising traffic impacts associated with the increased scale are considered to be largely neutral and not contrary to the assessed arrangements. Council’s Technical Services’ engineers concur that ‘the proposed increase in the capacity of the child care facility does not generate traffic beyond the volumes that have been assessed to date.’

The most recent traffic assessment (Traffic and Parking Assessment Report by Terrific Pty Ltd (December 2018)) provides as follows:

The main traffic implications of the proposed development concern the ability of traffic that it generates to access the site via the new Forest Road traffic signals serving the site and Base Hospital. The ability of this intersection to accommodate the projected post-development traffic demand can be assessed using the SIDRA traffic model…

This finding remains relevant to the current proposal. As outlined above, Council’s MES has recommended updated SIDRA analysis be undertaken for the Forest Road/Federation Avenue intersection, to review intersection capacity, performance, level of service and timing calculations (ie. phasing of traffic lights).

A Condition will be imposed requiring a SIDRA analysis be undertaken for baseline, post‑development and post-development +10 years scenarios (as suggested by TfNSW).

Internal Traffic Arrangements

The child care facility will be serviced by internal roads. The proposed site layout of building and parking areas will suitably integrate with existing internal roads and other improvements on the Bloomfield Medical Centre site. The development layout will largely accord with the masterplan contained in the surrendered Concept Approval (see Figure 9 below), which continues to provide a framework for development of the precinct.

Car Parking and Manoeuvring

As outlined in the following sections of this report, onsite car parking will be provided for the proposed child care centre in excess of the DCP controls. The car parking areas will comply with AS 2890.1-2004.

Figure 9 – Concept Approval site masterplan

Objective: To ensure that the site selected for a proposed child care facility is suitable for the use

It is considered that the subject land will be suitable for use as a centre-based child care facility due to the following:

· The proposed development is a permitted and complementary land use for the precinct.

· The development site is not subject to environmental risks such as flooding, landslip or bushfires.

· As outlined above, the site is free from contaminants and suitable for child care use.

· Lot size, configuration, dimensions and frontage are suitable for the proposed child care facility.

· The development site does not share a boundary with residential properties. The interface between the development and nearby aged care facility is considered satisfactory (as considered above).

· There are no incompatible social activities and users in the vicinity of the development site.

Objective: To ensure that sites for child care facilities are appropriately located

The proposed development is a complementary land use in the Bloomfield Medical Centre site. A child care facility has long been foreshadowed as a compatible land use for the precinct. The site is well-located to attract facility users from nearby employment lands. The development site is serviced by public transport.

Objective: To ensure that sites for child care facilities do not incur risks from environmental, health or safety hazards

The subject land is not in proximity to landuses with arising adverse environmental conditions prescribed in the Guideline. The site does not contain any known environmental hazard or risk. The site is free from contamination and suitable for child care use.

3.2 - Local Character, Streetscape and the Public Domain Interface

Objective: To ensure that the child care facility is compatible with the local character and surrounding streetscape

The proposed building will be located at the rear of the tower health services building and will not have a streetscape presence at Forest Road. Notwithstanding this, the proposed building design and detailing will complement the emerging contemporary built form on the subject land. The building will address the internal road network, and new car parking areas will integrate with existing vehicle areas. Landscaping to the building frontage (East façade) and car park perimeter will provide site beautification and integration of the development in the precinct.

Objective: To ensure clear delineation between the child care facility and public spaces

Landscaping and fencing associated with the child care facility will establish a transition between the facility and other uses on the Bloomfield Medical Centre site. The building will address internal road Albury Way and the Northern carpark. Generous glazing will ensure passive surveillance and connectivity with the public domain.

Objective: To ensure that front fences and retaining walls respond to and complement the context and character of the area and do not dominate the public domain

The Northern playground will be enclosed by 2.1m high palisade fencing adjacent to the carpark. The rear (West) and side (South) boundaries of the development site will comprise 1.2m high palisade fencing. Open-style fencing will provide a connectivity between the child care facility and other improvements on the Bloomfield Medical Centre site; while establishing an effective transition between child care spaces and the public domain.

3.3 - Building Orientation, Envelope and Design

Objective: To respond to the streetscape and site, while optimising solar access and opportunities for shade

As outlined previously, the development will provide acceptable visual and acoustic privacy for the nearby aged care facility. The proposal will not result in unreasonable overshadowing of adjoining land.

Eight of the nine learning rooms and the outdoor play area will have access to Northern and Eastern sunlight. The proposed landscape design will incorporate shade trees along the Western boundary.

Objective: To ensure that the scale of the child care facility is compatible with adjoining development and the impact on adjoining buildings is minimised

The proposed child care facility will take a single-storey form, and relate to the massing and footprint of the nearby aged care facility and motel. Arising adverse impacts associated with the interface of the proposed and existing buildings are not anticipated.

Objective: To ensure that setbacks from the boundary of a child care facility are consistent with the predominant development within the immediate context

Proposed setbacks from external boundaries and internal community lots will be suitable for efficient use of the site.

Objective: To ensure that the built form, articulation and scale of development relates to its context and buildings are well designed to contribute to an area’s character

The proposed building design and detailing will complement the emerging contemporary built form on the subject land.

Objective: To ensure that buildings are designed to create safe environments for all users

Crime prevention measures are included in the site layout and building design. The proposed development was referred to the Crime Prevention Officer at Central West Police District. The Crime Prevention Officer raised no objection to the proposal and did not provide specific recommendations/conditions of consent.

Objective: To ensure that child care facilities are designed to be accessible by all potential users

The proposed child care facility will be designed to comply with the requirements of the National Construction Code; the Disability (Access to Premises – Buildings) Standards 2010; and the Disability Discrimination Act 1992.

3.4 - Landscaping

Objective: To provide landscape design that contributes to the streetscape and amenity

Council’s Manager City Presentation supports the proposed landscape design concept for the site, excepting a conditional species substitution. Landscaping will contribute to the amenity of the centre and setting. Perimeter plantings to the Northern carpark will soften the hardstand expanse.

3.5 - Visual and Acoustic Privacy

Objective: To protect the privacy and security of children attending the facility

The proposed U-shaped building footprint with internal outdoor playground will limit the exposure of the playground to the public domain. Site landscaping will assist to disrupt direct views from the Northern carpark to the playground. Views into the playrooms from parking areas and internal roads will similarly be disrupted by shade trees adjacent to glazing.

Objective: To minimise impacts on privacy of adjoining properties

As considered above, the proposal will not have adverse impacts on visual privacy for the nearby aged care facility, being the nearest residential land use.

Objective: To minimise the impact of child care facilities on the acoustic privacy of neighbouring residential developments

As considered above, the proposal will not have adverse impacts on acoustic privacy for the nearby aged care facility, being the nearest residential land use.

3.6 - Noise and Air Pollution

Objective: To ensure that outside noise levels on the facility are minimised to accepted levels

The subject site is not located in the vicinity of noise generating infrastructure or landuses prescribed in the Guideline. The child care facility will be removed from traffic noise along Forest Road, due to the separation from the road and the siting of the health services tower and motel in the intervening area.

Objective: To ensure air quality is acceptable where child care facilities are proposed close to external sources of air pollution such as major roads and industrial development

The subject site is not located in the vicinity of a major road or industrial development.

3.7 - Hours of Operation

Objective: To minimise the impact of the child care facility on the amenity of neighbouring residential developments

Proposed hours of operation for the child care facility are 6am to 8pm Monday to Friday. The operating hours are appropriate given the non-residential setting within the Bloomfield Medical Centre site. Arising impacts associated with the proposed hours of operation will be negligible in this setting. It is intended that the centre will be utilised by staff of the adjoining employment lands, and long day operation is a reasonable expectation. A Condition will be imposed to formalise the operating hours.

3.8 - Traffic, Parking and Pedestrian Circulation

Objective: To provide parking that satisfies the needs of users and demand generated by the centre

Pursuant to DCP 2004, onsite parking is to be provided for child care centres at a rate of one (1) space per four children. The proposed centre will provide 155 child care places, with 39 parking spaces required.

A total of 39 parking spaces will be provided for the development, comprising 33 dedicated spaces in the Northern carpark; and six (6) spaces in the drop-off zone carpark to the East. Car park design will be consistent with AS 2890.1 Off street car parking.

It is noted that the development involves construction of a total of 115 parking spaces, comprising 55 spaces in the Northern carpark (with 33 dedicated to the child care centre); six (6) spaces in the drop off zone to the East; and upgrading of 54 spaces in an existing temporary carpark to the East. The location of car parking areas will integrate with existing vehicle areas over the site and the surrendered masterplan.

Objective: To provide vehicle access from the street in a safe environment that does not disrupt traffic flows

Vehicle access to the proposed child care facility will be via internal roads on the Bloomfield Medical Centre site. Appropriate connections to the Northern and Eastern carparks will be provided via Federation Way and Albury Way.

Objective: To provide a safe and connected environment for pedestrians both on and around the site

The proposed development will adopt the following design solutions:

· Car parking layouts that will allow vehicles to enter and exit the site in a forward direction.

· Fencing to separate vehicle areas from outdoor play spaces.

· Provision of an accessible parking spaces.

· Concrete footpath to the building entrance via the Eastern carpark.

Part 4 - Applying the National Regulations to Development Proposals

The proposed development will satisfy the National Regulations:

· Regulation 104 - Fencing or barrier that encloses outdoor spaces

· Regulation 106 - Laundry and hygiene facilities

· Regulation 107 - Unencumbered indoor space

· Regulation 108 - Unencumbered outdoor space

· Regulation 109 - Toilet and hygiene facilities

· Regulation 110 - Ventilation and natural light

· Regulation 111 - Administrative space

· Regulation 112 - Nappy change facilities

· Regulation 113 - Outdoor space - natural environment

· Regulation 114 - Outdoor space - shade

· Regulation 115 - Premises designed to facilitate supervision

A condition is imposed requiring a compliance schedule to be included on the Construction Certificate drawings.

Clause 26 - Centre-based child care facility - development control plans

DCP 2004 does not contain prescribed provisions for centre-based child care facilities (including operational or management plans; the demonstrated need for child care services; proximity to other facilities; design considerations, etc.). Notwithstanding, such provisions would not apply to the proposed development pursuant to Clause 26.

Provisions of any Draft Environmental Planning Instrument that has been placed on Exhibition 4.15(1)(a)(ii)

Draft Orange Local Environmental Plan 2011 (Amendment 26)

Draft Orange LEP 2011 Amendment 26 has recently completed public exhibition. The Draft plan relates to land the subject of this development application, ie. the Bloomfield Medical Centre site at 1521 Forest Road.

The revised proposal involves amendments to the approved commercial use of the land, including (in part) commercial floor area restrictions; and rezoning to B1 Neighbourhood Centre.

The proposed development is not contrary to any matter contained in the Draft Plan. The proposal does not involve commercial (retail) land use and centre-based child care facilities remain permissible with development consent.

Draft Orange Local Environmental Plan 2011 (Amendment 27)

Draft Orange LEP 2011 Amendment 27 has recently completed public exhibition and is awaiting preparation of a development control plan. The Draft Plan relates to land at 1 Leewood Drive and has no effect for the proposed development.

State Environmental Planning Policy Draft Remediation of Land

The Draft Remediation of Land SEPP is applicable. The Draft SEPP requires in part that consideration be given to potential contamination on nearby or neighbouring properties and groundwater. Land adjoining the site is not identified or considered to be contaminated. The contamination status of neighbouring residential lands will not impact on the proposed development.

Draft State Environmental Planning Policy Educational Establishments and Child Care Facilities

The Draft Education SEPP is currently on public exhibition. The Draft Plan proposes in part to introduce provisions to prevent child care centres within close proximity of each other in low density residential zones (R2). A separation distance of 200m between child care centres is being considered. The amendment seeks to address concerns raised about amenity impacts, such as noise and traffic, arising from child-care centres being in close proximity to one another.

The subject land is zoned R1 General Residential. The proposal will not be contrary to any matter in the Draft Plan.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

Provisions of any Development Control Plan S4.15(1)(a)(iii)

Development Control Plan 2004

DCP 2004 - 0 Transport Routes

The DCP Planning Outcomes for Transport Routes include:

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

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

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

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

· Where access is provided onto an arterial road, distributor road or major collector road, the access point must have appropriate safe sight distances…

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

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

In consideration of the above Planning Outcomes:

- The Bloomfield Medical Centre site has frontage and access to Forest Road, however, the proposed development is serviced by internal private roads.

- The proposed child care facility will be located at the rear of the tower health services building and will not be visible from the Forest Road transport route. Notwithstanding this, the proposed building design and detailing will complement the emerging contemporary built form on the subject land.

- There are no aspects of the proposal that would generate a distraction to motorists.

- The proposal does not involve signage for the proposed child care facility. Separate consent will be required for signage, and the impacts on the transport route considered at that time.

- The proposed development will not alter existing access arrangements to the subject land via Forest Road and internal Federation Way. The site does not have secondary frontage to another public road.

- Existing and proposed car parking areas on the subject land are visible from Forest Road and Federation Way.

- The proposed child care facility will be sufficiently removed from Forest Road and will not be sensitive to traffic noise along the transport route.

DCP 2004 – 2 Natural Resource Management

The relevant matters in this part were considered in the foregoing assessment under Orange LEP 2011.

DCP 2004 – 3 General Considerations

The relevant matters in this part were considered in the foregoing assessment under Orange LEP 2011.

DCP 2004 - 5 General Considerations for Zones and Development

The relevant matters in Part 5 are addressed in the following sections of this report (refer Any Submissions).

DCP 2004 - 15 Car Parking

The relevant matters in Part 15 were considered in the foregoing assessment under Child Care Planning Guideline. Car parking for the proposed child care facility will comply with the controls in Part 15.

DCP 2004 – 7 Development in Residential Zones

Part 7 applies to land zoned R1 General Residential, however, the controls generally apply to residential land use. The controls in Part 7 do not relevantly relate to a child care facility within an emerging health services precinct.

DEVELOPMENT CONTRIBUTIONS

Section 64 Local Government Act 1993

Development contributions for water, sewer and drainage works are applicable to the proposed development. Contributions are calculated as follows:

Water: 155 children x 0.06 ETs = 9.3 ETs

Sewer: 155 children x 0.1 ETs = 15.5 ETs

Conditions will imposed requiring payment of additional applicable headworks development contributions.

As a matter arising, the Bloomfield Medical Centre site is subject to a Voluntary Planning Agreement in conjunction with the Concept Approval. Notwithstanding that the Concept Approval has been surrendered, the terms of the Planning Agreement have commenced as they relate to operative Project Approvals in Precincts 1 and 2.

Legal advice was obtained during assessment of the proposal development. As the Concept Approval was surrendered, the terms of the Planning Agreement relating to Precincts 3 and 4 (which are not subject to Project Approvals) are effectively null and void.

Provisions Prescribed by the Regulations S4.15(1)(a)(iv)

Council’s Building Certifier advises that the proposed development will not be contrary to any matter prescribed by Regulation.

The Likely Impacts Of The Development S4.15(1)(b)

The impacts of the proposed development have been considered in the foregoing sections of this report and include:

· Setting and context

- public domain

- land use

- interface

- presentation.

· Visual impacts

- neighbourhood character

- streetscape presentation

- building design and detailing

- landscape character.

· Neighbourhood amenity

- acoustic privacy

- visual privacy

- solar access

- external lighting

- crime prevention

- odour emissions

- hours of operation.

· Operational amenity

- acoustic privacy

- visual privacy

- solar access

- safety and security

- traffic arrangements

- functional learning spaces.

· Traffic matters

- site access and internal roadways

- onsite manoeuvring

- car parking

- traffic generation

- network capacity.

· Environmental impacts

- waste management

- sediment and erosion control

- biodiversity

- groundwater

- stormwater management

- cultural values

- contamination.

It is considered that the impacts of the proposed development will be within reasonable limit. Conditions are included on the attached Notice of Approval to mitigate and manage arising impacts.

The Suitability Of The Site S4.15(1)(c)

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

· The proposal is permitted on the subject land zoning.

· The site is in proximity to employment lands and transport routes.

· The local road network has sufficient capacity to accommodate additional traffic volumes.

· Onsite vehicle arrangements are suitable.

· There is no known contamination on the land.

· All utility services are available and adequate.

· The site is not subject to natural hazards.

· The subject land has no particular environmental values.

· The site is not known to contain any Aboriginal, European or archaeological relics.

Any Submissions Made In Accordance With The Act S4.15(1)(d)

The proposal comprises advertised development pursuant to Council’s Community Participation Plan 2019. At the completion of the written and public exhibition period, no submissions had been received.

Public Interest S4.15(1)(e)

The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment. The proposed development is associated with ongoing and complementary expansion of the health services precinct and is considered to be in the public interest.

SUMMARY

The proposal involves development of a centre-based child care facility on the Bloomfield Medical Centre site, located at 1521 Forest Road, Orange. The site has long been foreshadowed for child care use, pursuant to the now surrendered Concept Approval relating to the private health precinct. No submissions have been received in relation to the application. It is assessed that the proposed development will reasonably satisfy the Local and State planning controls that apply to the subject and particular land use. Impacts of the development will be within acceptable limit, subject to mitigation conditions. Approval of the application is recommended.

COMMENTS

The requirements of the following experts are included in the attached Notice of Approval:

· Environmental Health and Building Inspector

· Assistant Development Engineer

· Environmental Health Officer

· Manager City Presentation

· Heritage Advisor

· Senior Planner – Development Assessment

Attachments

1 Notice of Approval, D21/23064 ⇩

2 Plans, D21/22959 ⇩

Planning and Development Committee 4 May 2021

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 444/2020(1)

NA21/ Container PR28631

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	James Richmark Pty Ltd
Applicant Address:	C/- Peter Basha Planning & Development PO Box 1827 ORANGE NSW 2800
Owner’s Name:	Community Association - Deposited Plan 271257
Land to Be Developed:	Lots 1 and 4 DP 271257 - 1521 Forest Road, Orange
Proposed Development:	Centre-based Child Care Facility

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

Determination made under Section 4.16
Made On:	4 May 2021
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	5 May 2021
Consent to Lapse On:	5 May 2026

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

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

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

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

Conditions

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

(a) Plans numbered: Drawing by Peter Basha Planning and Development

Figure 3, Ref. 20074DA dated 26.02.2021 (1 sheet)

Drawings by Tallowwood

Dwg. Nos. DA.01(P5); DA.02(P5); DA.03(P3); DA.05(P3); DA.06(P3); DA.07(P3); DA.08(P2) (7 sheets)

Drawings by Nicholas Bray Architects

Dwg. Nos. L1-L5 Rev C, dated 18/2/21 (5 sheets)

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

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

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

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

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

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) Compliance with the requirements of Education and Care Services National Regulations shall be demonstrated on the detailed construction drawings (including a compliance schedule format) submitted with the application for a Construction Certificate.

(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) 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.

(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) 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.

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

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

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

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

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

(11) Stormwater from the detention basin is to be piped to the adjacent watercourse, where it is to be discharged through a wide spreader with appropriate scour protection. The proposed design is to replicate the existing natural drainage system in terms of outflow volumes and dispersed flow.

Engineering plans of this required drainage system(s) are to be approved by Orange City Council or by an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate. A licence from the NSW Office of Water is required for work within 40 metres of any defined watercourse.

(12) 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.

(13) 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 9.3 ETs for water supply headworks and 15.5 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.

(14) Water and sewer mains servicing the proposed development from the existing water and sewer infrastructure within the community property shall be constructed as private mains constructed to Australian Standard AS/NZS 3500.

(15) Engineering plans providing complete details of the parking and manoeuvring areas are to be submitted to the Principal Certifier upon application for a Construction Certificate. The carpark shall be line marked and dimensioned in accordance with AS 2890.1 (Off-street car parking). The plans shall also provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and be in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO WORKS COMMENCING

(16) 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.

(17) 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.

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

DURING CONSTRUCTION/SITEWORKS

(19) 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.

(20) 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.

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

(22) 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.

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

(24) 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.

(25) 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.

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

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

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(28) Landscaping shall be installed in accordance with the approved landscape plan and incorporating the following amendment:

· Yunnan/Chinese Poplar (Populus yunnanensis) to be substituted with climate-suitable deciduous tree

Landscaping shall be permanently maintained to the satisfaction of Council's Manager City Presentation.

(29) Car parking spaces shall be provided upon the site in accordance with the approved plans and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

(30) 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.

(31) 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.

(32) 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.

(33) 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.

(34) 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.

(35) Prior to issue of a Occupation Certificate the applicant shall provide a SIDRA analysis of the Forest Road signalised intersection using current traffic data for the baseline modelling, and include post development and post development +10 year scenarios. The analysis shall be in accordance with Austroads AGTM12:ITAs for Developments, relevant RMS Supplements to Austroads, and the RTA Guide to Traffic Generating Developments (2002) as applicable.

(36) 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

(37) Hours of operation of the child care facility shall be between the hours of 6.00am and 8.00pm, Monday to Friday.

(38) 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.

(39) Exterior lighting shall be sited and designed to comply with Australian Standard AS 4282-1997 Control of the obtrusive effects of outdoor lighting.

(40) Waste bins for the development shall be stored in the onsite bin store shown on the approved plans. These bins shall be screened from view at all times. Waste pickup from the site shall be in accordance with an approved private service agreement for the proposed development.

The bin store shall be maintained in a clean and tidy condition at all times, in order to prevent odour nuisance.

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

Other Approvals

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

Nil

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

Nil

Right of Appeal

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

*Disclaimer - S88B of the Conveyancing Act 1919 -* Restrictions on the Use of Land:**	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	5 May 2021

Planning and Development Committee 4 May 2021

2.4 Orange Local Environmental Plan - Amendment 26 - 1521 Forest Road Retail Precinct - Post Re-Exhibition Report

RECORD NUMBER: 2021/843

AUTHOR: Craig Mortell, Senior Planner

EXECUTIVE Summary

At the Council meeting of 17 September 2020 Council considered a post exhibition report on a planning proposal relating to the Forest Road Retail Precinct. At that time Council resolved:

That the matter be deferred to allow discussions with the proponent on reducing the scale of the rezoning.

Subsequently the proponent amended the planning proposal by a reduction in the extent of retail floor space and changing the zone being sought to a lower order zone. The Department of Planning, Industry and Environment (DPIE) advised that the change in zone being sought would require a revised gateway determination.

Council reviewed the changes at the 3 November 2020 Planning and Development Committee meeting and the revised gateway determination was received 23 December 2020 and further advice from DPIE on 19 February 2021 confirmed that condition 1 of the gateway (both original and revised) had been satisfied enabling the matter to proceed to exhibition. Public exhibition was conducted from Saturday 27 February 2021 to Monday 29 March 2021.

A total of 2 submissions were received during this latest round of exhibition as compared to 8 submissions received during the original exhibition period. Council may recall the focus of submissions from the original exhibition related to potential impacts on the trading performance of the CBD.

While all original submitters were directly notified of the re-exhibition the reduced number of submissions received this time around does not necessarily reflect an acceptance of the revised planning proposal.

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:

1 That Council note the contents of this report and resolve to support the amendment to Orange Local Environmental Plan 2011 as exhibited.

2 That Council advise the proponent of the need to draft formal LEP maps in accordance with the exhibited materials, at the proponents cost.

further considerations

SUPPORTING INFORMATION

Figure 1 – subject site

At the Council meeting of 17 September 2020 Council considered a post exhibition report on a planning proposal relating to the Forest Road Retail Precinct. At that time Council resolved:

That the matter be deferred to allow discussions with the proponent on reducing the scale of the rezoning.

Subsequently staff met with the proponent and their consultants to discuss the concerns expressed at the Council meeting and in the various submissions that were received. The proponent offered to amend the planning proposal by a reduction in the extent of retail floor space and converting the proposal seek a B1 Neighbourhood Centre zone instead of the B2 Local Centre zone originally requested. Advice from the Department of Planning, Industry and Environment (DPIE) indicated that the change in zone being sought would require a revised gateway determination.

The revised proposal was presented to Council at the 3 November 2020 Planning and Development Committee meeting which resolved to seek a revised gateway determination and then conduct a re-exhibition of the proposal.

The revised gateway determination was received 23 December 2020 and further advice from DPIE on 19 February 2021 confirmed that condition 1 of the gateway (both original and revised) had been satisfied enabling the matter to proceed to exhibition. Public exhibition was conducted from Saturday 27 February 2021 to Monday 29 March 2021. A total of 2 submissions were received during this latest round of exhibition as compared to 8 submissions received during the original exhibition period.

Submission 1

Current CBD trading performance

Vacancy rate of shops has not improved over the past year with no significant anchor tenants or majors coming to town.

Comment:

The period identified in the submission correlates to an abnormal period in the broader economy with Covid related lockdowns, travel restrictions and social distancing requirements. It would seem pessimistic to base future planning decisions on a continuation of the past year and that as vaccination numbers increase it is likely that a new post-pandemic normal will take shape in the coming year or so. While Council cannot predict how the new economic landscape will settle the fundamentals of a growing population and diversifying economy do suggest a positive future for Orange and in turn the trading performance of the CBD.

Council investment through Future City

The Future City plan is focussed on the CBD and represents a significant investment of ratepayer funds into sustaining and elevating the trading performance of the CBD. Fragmentation of retail activity beyond the CBD would appear to undermine this intent.

Comment:

The CBD focus of Future City does not suggest or require that out-of-centre development should be rejected. Core higher order uses should be retained within the CBD while allowing lower order uses beyond the CBD can help to reduce traffic and parking congestion.

The emerging activity to both the north and south of the city centre is acknowledged within Future City itself. The Future City plan seeks to make the CBD more welcoming particularly to pedestrians. The current proposal would allow for health precinct workers, as well as visitors to the hospitals, to meet some of their needs without venturing into the CBD and this could take some pressure off the current levels of congestion.

Future City is a framework to guide Councils commitment to support and enhance the CBD as the important regional trading centre that it is. Numerous benefits flow to the local community from success of the CBD, primarily in accessing higher order goods and services that would otherwise not be sustainable by the local population alone. The focus should therefore be in preserving the ‘role’ of the CBD for the highest order functions, as well as encouraging people to linger in the CBD, rather than blocking logical development in other areas.

In this regard, Council should consider whether the incidental shopping of the health precinct workers and hospital visitors is required within the CBD to sustain those higher order functions.

Existing and planned retail areas sufficient

The broader Orange population is already well served by existing supermarkets and retail outlets and the Shiralee masterplan includes a retail precinct of a similar scale.

Comment:

In absolute terms Orange is well served by supermarkets and retail outlets. The accessibility of these facilities however varies across the city. Those living or working in close proximity to the CBD are better served than those further out. This situation promotes private vehicle use leading to increased demand for parking. As this increases congestion becomes a factor that in turn limits the trading performance of the CBD. If anything the recent Covid experience has highlighted the substitutability of bricks and mortar retailing with online shopping and it may be anticipated that traffic and parking congestion could tip the balance in peoples shopping patterns.

Traffic congestion

Traffic congestion on Forest Road / hospital precinct and future sporting facilities is stated as a concern.

Comment:

Traffic congestion in the area is a concern, but it should be noted that the proposal is of a low scale and intended to primarily service the existing health precinct workforce and hospital visitors. This population are already in the area and as such would not represent additional traffic volumes along Anson Street or Peisley Street. Some additional localised movements within Forest Road may occur but this has already been reviewed via the traffic assessment report.

Submission 2

Economic Impact Analysis – Location IQ

The submission notes that the economic impact analysis (EIA) by Location IQ was prepared in relation to the larger original proposal which involved a B2 zone and greater floorspace. The EIA has not been adjusted to deal specifically with the reduced scale and zone change now being proposed. The submission notes that B1 Neighbourhood Centres would typically be within a residential neighbourhood and therefore has a different qualitative aspect compared to a B2 oriented proposal.

Comment:

It is acknowledged that the B1 zone is being employed in an unusual manner. However the B1 zone is not exclusively intended to service residential populations and is also designed to provide for a local area workforce. In the context of Forest Road the workforce consists of both the public and private hospitals, which in turn is bolstered by both patients and visitor populations. Over time the resident population will increase, both in Shiralee and potentially in the DPI Bloomfield lands to the west of this site (currently zoned for 550 residential lots) although the timing and delivery of residential development on the DPI site is uncertain.

B1 Neighbourhood Centre zone

The submission states that geographic catchments supporting retail development are typically skewed by the ‘home domain of direction flow’. Essentially when seeking goods and services people are more inclined to travel further in the direction of their work. In most cases this will be towards the city centre. As such catchments are generally not circular but will instead resemble more of a comet-orbit shape. The geographic area of a catchment will therefore tend to bulge away from higher order centres.

The submission notes there is very little residential neighbourhood in the immediate vicinity to support the centre, and what population there is being located to the northern end of the catchment with good connections to the CBD. The remainder of the catchment being sparsely populated rural and agricultural lands to the south of the city.

The submission argues that there is insufficient resident population to support the proposal. While supermarket chains can endure an initial poor market conditions pending growth, specialty shops tend to fail in such cases.

Comment:

Population catchments do exhibit a geographic bias in the manner outlined in the submission. If the proposal were a typical B1 Neighbourhood Centre predicated on serving a resident population the viability of such a centre would be impacted. However most other B1 zones are not in close proximity to significant sources of employment and will typically have a minimal local workforce to service. The context of Forest Road, with both a significant local workforce and high visitation numbers, will to some degree counter the minimal resident population. Overall, this is likely to affect the type of supporting specialty retail that will succeed or fail and future retailers will need to consider if their offering is a good fit for the composition of workforce and visitors.

The discussion on the retail catchment definition would suggest that the impact upon CBD trading performance would be reduced, at least in terms of shopping patterns of residents. Conversely the workforce and hospital visitor populations were to travel into the CBD less frequently. The effect is likely to be less pronounced for higher order goods and services which are unlikely to be available within the proposed retail precinct.

Potential for growth to support the centre

The submission argues that if viability of the centre is predicated on increasing the geographic catchment then it may not be properly characterised as a ‘Neighbourhood’ centre. It notes that much of the surrounding lands and zones do not support population growth and that Shiralee is both disconnected from the site and has its own B1 precinct.

Neighbouring residential unit potential of around 214 two-bedroom units (presumed to be a reference to the adjoining aged care facility) are noted but due to their intended occupants are unlikely to provide much support to the retail facilities proposed in this amendment. The Southern Orange Industrial and Freight Activation Precinct is discussed along with the Life Sciences Precinct which the submission notes have limited connection to the subject site and raises various urban design concerns.

The submission then characterises the proposal as a car-centric proposal and argues that most people, once driving, would proceed to the CBD for a greater range of goods and services as well as likely better prices.

Comment:

It is noted that the potential for residential growth in the immediate area is limited. Primarily comprising Shiralee and the R2 Low Density residential land on the DPI site to the west. The DPI site was rezoned approximately 11 years ago with a concept plan of some 550 residential lots. At the time Council staff sought the inclusion of a link road across the DPI site connecting Shiralee with Forest Road. If the DPI site develops as envisaged 11 years ago then both that population and much of eastern Shiralee would have reasonable access to Forest Road, otherwise the Shiralee population would need to first travel north to the Southern Feeder Road and then across. In the latter case the CBD would likely have stronger pull and draw shoppers to it rather than Forest Road. Additionally Shiralee itself has an area of B1 zoned land central to the Shiralee masterplan.

However it must be noted that the B1 Neighbourhood Centre Zone is not exclusively intended to service a residential neighbourhood. Where a workforce is isolated from a CBD or other retail area, traffic generation may be elevated due to workers needing to commute by vehicle for incidental purchases throughout the day, with a peak during the lunchtime period. This in turn has potential to impact on traffic congestion between the site and the CBD as well as place additional burden on CBD parking facilities. Traffic and parking congestion in the CBD may in turn lead to shoppers seeking other alternatives such as the North Orange Shopping Centre in Telopea Way.

Turning back to the submissions concern for the viability of the B1 zone being proposed it is considered that existing CBD congestion is likely to encourage local workforce and hospital visitors to consider accessing the site for smaller incidental purchases, while the higher order goods and services will continue to be sought in the main CBD. Where a worker / visitor is seeking the former then it is unlikely that a minor cost saving in the CBD would negate the time and convenience of the subject site.

Existing B1 zone approvals

The submission compares and contrasts the B1 zone in Shiralee with the proposal and also contrasts the nature of the original B2 proposal as well as the mix of retail provided under the original Part 3A approval. The submission asserts that “given the focus of the development has changed, the justification must also change from health to neighbourhood. Again the main problem is that there is no neighbourhood”.

Comment:

The nomenclature of a zone does not materially affect the shopping and travel patterns of a population. Therefore the argument that the health justification must be abandoned due to the change in zone being sought is not supported. The existence of the local workforce and hospital visitors will continue regardless of which zone is considered.

Leveraging Existing B1 Zone Approvals

The submission is critical of the design of the proposal, noting that the centre will not be consistent with typical B1 zone developments. Being located behind a car park and not directly fronting the street the centre will have limited if any walkability, which is attributed to the lack of nearby residential development. As such the proposal is vulnerable to the propensity for people, once in the car, to drive past minor sites to access more comprehensive offerings in larger centres.

Comment:

The configuration and urban design outcomes of the proposal would be assessed further at the development application stage. Notwithstanding this the eventual development is likely to be accessed primarily via the car parking area forward of the built form and therefore the walkability concerns are relevant. However as noted by the submission there are few residential properties within a typical waking distance. As stated previously the concept is primarily related to servicing the local workforce and hospital visitor needs rather than typical residential needs as may be expected in other B1 zones.

The Revised Planning Proposal (RPP)

The submission seeks to interrogate the conceptual plan provided in the original planning proposal and ascertain where the reduced extent of retail floorspace will be provided. The submission estimates the amount of potential floorspace within the built form as approximately 5,151m² and notes that this is substantially greater than the 1,791m² of retail space being sought.

A range of technical and design related matters are raised such as servicing areas, waste collection areas, frontages, street access and the like - most of which would be further evaluated during the development assessment process where potential impacts (such as privacy, overshadowing, streetscape and the like) of such matters would be resolved.

The submission notes that the economic impact assessment (by Location IQ) and the Traffic Assessment (by Terraffic Pty Ltd) have not been amended from the original versions supplied when the proposal was seeking a B2 zone and more retail floorspace.

The submission then lists 5 problems related to:

1. Geographical catchment

2. Small resident population

3. Economic Impact Assessment relevance

4. Timing of catchment growth

5. Quality and relevance of information provided to Council

Comment:

It must be noted that the 1,791m² figure relates to retail uses only. Other uses permitted within the B1 zone are not subject to this limit and therefore any surplus built form can be dedicated to these other uses. Non-retail uses permitted in the B1 zone include:

Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Dwelling houses; Electricity generating works; Environmental facilities; Home-based child care; Home businesses; Home industries; Information and education facilities; Medical centres; Office premises; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Secondary dwellings; Seniors housing; Shop top housing; Signage; Tank-based aquaculture; Veterinary hospitals; Water supply systems

The viability of each of these uses will vary but it is considered that the residue floorspace can reasonably be put towards one or more of the above.

The fact that the revised planning proposal has relied upon the original Economic Impact Assessment and Traffic Assessment is perhaps not ideal but these documents do serve to show the capacity of the site, and road network, to accommodate a larger scale of development than that now proposed. As such the reduced scale and significance of the proposal would be regarded to have a lesser impact on either the economic or traffic environments.

The changed character of the proposal, from a B2 Local Centre Zone to a B1 Neighbourhood Centre Zone, has been cited by the submission as materially changing the nature of the proposal before Council. However the submission then focusses upon the residential catchment to the near total exclusion of the workforce population. Having done so the critique then presumes that the sites viability would be dependent wholly upon a substantial geographic increase in resident catchment – which would encompass residential areas unlikely to seek out the subject site.

This unduly skews the evaluation of the sites viability towards residential patronage only and ignores the full context of the site which is proximate to a large and established workforce which along with the hospital visitor population would be likely to utilise the facilities proposed.

Fundamentally, it may be implied (although it is never clearly stated in the submission) that the submission is concerned with a potential economic impact on the trading performance of the CBD more so than the viability of the subject site itself. Presumably, if the site struggles to be naturally viable the landowner may later seek to press Council to allow a greater range, diversity and scale of commercial activity on the site, which if allowed may result in a more prominent site capable of drawing more trade away from the CBD.

This view is partly informed by the responses to the original exhibition of the proposal when it was seeking a B2 zone and increased retail floor space, compared to the current B1 proposal where all submissions, excluding the crown lands submission, referenced impacts on the CBD arising from a full line supermarket.

Attachments

1 DPIE letter to Council - Revised Gateway Condition 1 satisfied, D21/23479 ⇩

2 Original Gateway Determination, D21/23482 ⇩

3 Alteration of Gateway Determination from NSW Planning Industry and Environment, D21/23155 ⇩

4 Updated Planning Proposal - 1 Feb 2021, D21/23484 ⇩

5 Planning Proposal Annexure A - proponents Site Master Plan, D21/6066 ⇩

6 Planning Proposal Annexure B - proponents Economic Assessment, D21/6067 ⇩

7 Planning Proposal Annexure C - proponents Traffic Assessment, D21/6068 ⇩

8 Planning Proposal Annexure D - proponents Land Plans, D21/6069 ⇩

9 Planning Proposal Annexure E - proponents Draft LEP maps, D21/6071 ⇩

10 copy of Post Exhibition Report of CCL 15 September 2020 Orange LEP Amendment 26 - Forest Road Retail Precinct, D20/65515 ⇩

11 Pre-original exhibition: Review of Economic Impact Assessment (Leyshon 1), D19/9219 ⇩

12 Post-original exhibition: Orange Retail Economic Analysis and Advice (Leyshon 2), D20/54426 ⇩

13 Submissions, D21/23130 ⇩

Reference:	DA 59/2020(2)	Determination Date:	20 April 2021
PR Number	PR27939
Applicant/s:	T & S Flowers Pty Ltd
Owner/s:	Flowers Funds Management Pty Ltd
Location:	Lot 222 DP 1239110 - 194A March Street, Orange
Proposal:	Modification of development consent - multi dwelling housing (five dwellings) and subdivision (six lot community title). The modified proposal involved: · minor alterations to external finishes and glazing · negligible increase in site coverage, and · amended elevation and landscape drawings to discharge the requirements of Conditions 9 and 10.
Value:	Not Applicable

Reference:	DA 345/2020(1)	Determination Date:	18 March 2021
PR Number	PR22661
Applicant/s:	Orange Golf Club
Owner/s:	Orange Golf Club Limited (Duntryleague)
Location:	Lot 16 DP 1120534 - Woodward Street, Orange
Proposal:	Recreation facility (outdoor) (drainage swale)
Value:	$2,000

Reference:	DA 426/2020(1)	Determination Date:	8 April 2021
PR Number	PR24007
Applicant/s:	Mrs P Singla
Owner/s:	Mrs P Singla
Location:	Lot 12 DP 1147595 - 19 Scott Place, Orange
Proposal:	General industry (industrial units) and subdivision (strata)
Value:	$500,000

Reference:	DA 476/2020(1)	Determination Date:	4 March 2021
PR Number	PR18521
Applicant/s:	PW Studio
Owner/s:	Fitz's Land Co Pty Ltd
Location:	Lot 100 DP 1040962 - 234 Canobolas Road, Canobolas
Proposal:	Farm stay accommodation (x 2 buildings) and associated services
Value:	$500,000

Reference:	DA 508/2020(1)	Determination Date:	11 March 2021
PR Number	PR3884
Applicant/s:	Junci Properties Pty Limited
Owner/s:	Junci Properties Pty Limited
Location:	Lot 18 Sec 8A DP 979858, Lot 51 DP 574066 – 56‑58 Endsleigh Avenue, Orange
Proposal:	Subdivision (three lot residential), multi dwelling housing (three dwellings) and subdivision (four lot Community title)
Value:	$690,000

Reference:	DA 8/2021(1)	Determination Date:	18 March 2021
PR Number	PR34
Applicant/s:	NR Design Company
Owner/s:	Francis Hope Investment Pty Ltd
Location:	Lot 1 DP 946330, 4646 Mitchell Highway, Lucknow
Proposal:	Category 1 remediation, dwelling, detached garage, swimming pool (inground) and fencing (pool fencing)
Value:	$550,000

Reference:	DA 17/2021(1)	Determination Date:	30 March 2021
PR Number	PR28591
Applicant/s:	Gregory J Coleman Pty Ltd
Owner/s:	Gregory J Coleman Pty Ltd
Location:	Lot 134 DP1260733, 126 Shiralee Road, Orange
Proposal:	Exhibition home (change of use from dwelling house), business identification sign and fencing (front boundary fence)
Value:	$345,000

Reference:	DA 18/2021(1)	Determination Date:	31 March 2021
PR Number	PR25746
Applicant/s:	Anglican Schools Corporation
Owner/s:	Anglican Schools Corporation
Location:	Lot 100 DP 1174806 and Lot 71 DP 1004166 – 7 Murphy Lane and 48 Hewitt Close, Orange
Proposal:	Subdivision (boundary adjustment) and school (proposed agricultural learning centre shed)
Value:	$150,000

Reference:	DA 34/2021(1)	Determination Date:	22 March 2021
PR Number	PR12749
Applicant/s:	Rathla Pty Ltd
Owner/s:	Rathla Pty Ltd
Location:	Lot 2 DP558405, 100 Shiralee Road, Orange
Proposal:	Agricultural produce industry (alterations and additions to existing winery)
Value:	$120,000

Reference:	DA 45/2021(1)	Determination Date:	31 March 2021
PR Number	PR27858
Applicant/s:	Voerman & Ratsep
Owner/s:	Housing Plus
Location:	Lot 99 DP 1234441 - 7 Emerald Street, Orange
Proposal:	Subdivision (19 lot Community title)
Value:	Not applicable

Reference:	DA 56/2021(1)	Determination Date:	31 March 2021
PR Number	PR7563
Applicant/s:	Fitness Perfection
Owner/s:	Vinsente Pty Ltd
Location:	Lot 21 DP 520743 - 166 March Street, Orange
Proposal:	Recreation facility (indoor) (alterations and additions to existing building)
Value:	$4,000

Reference:	DA 57/2021(1)	Determination Date:	26 March 2021
PR Number	PR27199
Applicant/s:	ROC Construction and Development
Owner/s:	Mr AR Wald
Location:	Lot 410 DP 1213663 – 27 Hughes Street, Orange
Proposal:	Secondary dwelling
Value:	$207,000

Reference:	DA 57/2021(2)	Determination Date:	20 April 2021
PR Number	PR27199
Applicant/s:	Miss L J Hibbert
Owner/s:	Mr A R Wald
Location:	Lot 410 DP 1213663 - 27 Hughes Street, Orange
Proposal:	Modification of development consent - secondary dwelling. The proposed amendment to the development consent DA 57/2021(1) sought to delete Conditions 7 and 8, removing the requirement of Council Contributions (Section 7.11 and Section 64 headwork charges) to be paid prior to the release of a Construction Certificate.
Value:	Not applicable

Reference:	DA 58/2021(1)	Determination Date:	31 March 2021
PR Number	PR6196
Applicant/s:	Maven Dental Group Pty Ltd
Owner/s:	51 Kite Street Pty Ltd
Location:	Lot A DP 154906 - 51 Kite Street, Orange
Proposal:	Business identification sign
Value:	$285

Reference:	DA 59/2021(1)	Determination Date:	14 April 2021
PR Number	PR2807
Applicant/s:	MAAS Group Properties Westwinds Pty Limited
Owner/s:	MAAS Group Properties Westwinds Pty Limited
Location:	Lot 118 DP1267568, 31 Westerly Drive, Orange
Proposal:	Exhibition home, business identification sign and fencing
Value:	$280,000

Reference:	DA 76/2021(1)	Determination Date:	23 March 2021
PR Number	PR11400
Applicant/s:	Mr S Rollin
Owner/s:	Mr GS and Mrs SR Rollin
Location:	Lot 1 DP173254, 1060 Pinnacle Road, Orange
Proposal:	Farm stay accommodation
Value:	$980,000

Reference:	DA 84/2021(1)	Determination Date:	31 March 2021
PR Number	PR19433
Applicant/s:	Mr M Swiatkiwsky
Owner/s:	Don’t Tell Jo Pty Ltd
Location:	Lot 104 DP 1067744 CA: 4299 - 5 Ralston Drive, Orange
Proposal:	General Industry (change of use - coffee roastery)
Value:	$15,000