Agenda of Council Meeting - Tuesday, 15 June 2021

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 1 June 2021

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy (Zoom), Cr J Hamling, Cr J McRae, Cr T Mileto(Zoom), Cr S Munro, Cr S Nugent, Cr R Turner

Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Chief Financial Officer, Executive Support Manager, Executive Support Officer.

1.1 APOLOGIES

RESOLVED - 21/143 Cr S Munro/Cr J Hamling

That Council permit Cr Duffy and Cr Mileto to attend Council meeting of Orange City Council on 1 June 2021 by remote video link.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton, Cr Mileto

RESOLVED - 21/144 Cr S Munro/Cr S Nugent

That the apologies be accepted from Cr S Romano and Cr J Whitton for the Council Meeting of Orange City Council on 1 June 2021, noting Cr Mileto will arrive late.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton, Cr Mileto

1.2 LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

1.3 ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted an Acknowledgment of Country.

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

Cr Taylor declared a Non-Significant, Non-Pecuniary interest in item 6.7 – Tenders for the Provision of Traffic Management Services as he has a close relationship with a tenderer.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.03PM

*Cr Mileto arrived at the meeting (zoom) with the time being 7.06pm*

OPEN FORUM

PDC Item 2.3 - DA 284/2020(1) – 4 Kearneys Drive

· Anthony Daintith – on behalf of neighbouring residents, he outlined concerns for the development.

· Lorraine Cullen – outlined her concerns for the proposal including parking and access.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.11PM

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 21/145 Cr S Nugent/Cr J Hamling

That the Minutes of the Ordinary Meeting of Orange City Council held on 18 May 2021 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 18 May 2021.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor,
Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.12PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.33PM

4 Notices of Motion/Notices of Rescission

Nil

5 General Reports

5.1 Code of Conduct Complaint Reporting

TRIM Reference: 2021/1096

RESOLVED - 21/171 Cr J Hamling/Cr S Munro

That the report on Code of Conduct Complaint Reporting be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor,
Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton

Cr Nugent asked for clarification around whether there were 2 or 3 code of conduct matters.

The Chief Executive Officer stated there were 2 matters with 1 of those matters also being referred to the Office of Local Government for review.

MATTER ARISING Cr J McRae

Cr McRae asked that a report be provided to Council on Code of Conduct Complaints per year for the last terms of Council in order to provide a comparison.

6 Closed Meeting

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

In response to a question from the Mayor, the Chief Executive Officer advised that one written submissions had been received relating to item 6.5 – Crown Lands Negotiation Update listed for consideration by the Closed Meeting of Council.

The Chief Executive Officer noted the written submission and stated that the item was not regarding the matters raised in the submission and would therefore remain in the Closed Meeting of Council.

The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.

RESOLVED - 21/172 Cr J McRae/Cr J Hamling

That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

6.1 2020/2021 Third Quarter Water/Sewerage Charges - 1-7 Torpy Street, Orange - Orange Public Infants School

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.

6.2 2020/2021 Second and Third Quarter Water/Sewerage Charges - 212 Anson Street, Orange

6.3 2020/2021 Second and Third Quarter Water/Sewerage Charges - 36-40 Lords Place, Orange

6.4 EOI - Loan Borrowings Confidential

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.5 Crown Land Negotiation Update

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.6 Entering into Contracts for the Supply and Delivery of Bitumen Emulsion

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.7 Tenders for Provision of Traffic Management Services

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.8 Tender F3590-4 Gosling Creek Dam – Geotechnical Investigation

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.9 Submission Redactions

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (e) information that would, if disclosed, prejudice the maintenance of law.

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.54pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.09pm.

7 Resolutions from Closed Meeting

The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.

**Cr Taylor left the meeting with the time being 8.55pm**

6.7 Tenders for Provision of Traffic Management Services

TRIM Reference: 2021/1063

Cr Taylor declared a Non-Significant, Non-Pecuniary Interest in this item as he has a close relationship with a tenderer, left the chamber and did not participate in discussion or voting on this item.

RECOMMENDATION Cr J Hamling/Cr S Munro

That Council resolves to:

1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Work Control Pty Ltd for the provision of traffic management services;

2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.

AMENDMENT Cr T Mileto/Cr K Duffy

That Council resolves to:

1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Midwest Traffic Management (Orange) Pty Ltd for the provision of traffic management services;

For: Cr Mileto, Cr Duffy

Against: Cr Kidd, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Turner

Absent: Cr Romano, Cr Whitton, Cr Taylor

ON THE AMENDMENT BEING PUT WAS LOST

ON THE MOTION BEING PUT WAS CARRIED

RESOLVED - 21/173 Cr J Hamling/Cr S Munro

That Council resolves to:

1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Work Control Pty Ltd for the provision of traffic management services;

For: Cr Kidd, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Turner

Against: Cr Mileto, Cr Duffy

Absent: Cr Romano, Cr Whitton, Cr Taylor

**Cr Taylor returned to the meeting with the time being 9.12pm**

6.1 2020/2021 Third Quarter Water/Sewerage Charges - 1-7 Torpy Street, Orange - Orange Public Infants School

TRIM Reference: 2021/944

RECOMMENDATION Cr S Munro/Cr S Nugent

That Council resolves:

1 That Council reduce the 2020/2021 third quarter water consumption charge of $6,247.50 by 40% to $3,748.50, being a credit of $2,499.00.

2 That Council reduce the 2020/2021 third quarter sewerage charge of $6,466.35 pro-rata to previous consumption of $982.47, being a credit of $5,483.88.

AMENDMENT Cr J McRae/Cr R Kidd

That Council does not approve the reduction in costs or charges for the 2020/2021 water or sewerage charges for 1-7 Torpy Street, Orange.

For: Cr Kidd, Cr Duffy, Cr Mileto, Cr McRae, Cr Turner

Against: Cr Taylor Cr Hamling, Cr Munro, Cr Nugent

Absent: Cr Romano, Cr Whitton

ON THE AMENDMENT BEING PUT WAS CARRIED AND BECAME THE MOTION

ON THE MOTION BEING PUT WAS CARRIED

RESOLVED - 21/174 Cr J McRae/Cr R Kidd

That Council does not approve the reduction in costs or charges for the 2020/2021 water or sewerage charges for 1-7 Torpy Street, Orange.

For: Cr Kidd, Cr Duffy, Cr Mileto, Cr McRae, Cr Turner

Against: Cr Taylor Cr Hamling, Cr Munro, Cr Nugent

Absent: Cr Romano, Cr Whitton

6.2 2020/2021 Second and Third Quarter Water/Sewerage Charges - 212 Anson Street, Orange

TRIM Reference: 2021/971

RESOLVED - 21/175 Cr R Turner/Cr K Duffy

That this item be deferred to obtain further specifics.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton

6.3 2020/2021 Second and Third Quarter Water/Sewerage Charges - 36-40 Lords Place, Orange

TRIM Reference: 2021/1007

RESOLVED - 21/176 Cr G Taylor/Cr J Hamling

That this item be deferred to obtain further specifics.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton

6.4 EOI - Loan Borrowings Confidential

TRIM Reference: 2021/1083

RESOLVED - 21/177 Cr S Nugent/Cr S Munro

That Council resolves:

1 That the loan funds be drawn from the Commonwealth Bank of Australia repaid in quarterly instalments over 5 years.

2 That Council accepts the offered rate of 1.16% for 5 years semi-annually principal and interest repayments from the National Australia Bank for the re-contracted principal balance of $1,780,014.62 for the Accelerated Roads Loan drawn from the National Australia Bank during the 2016 Financial Year.

3 That the Chief Executive Officer be authorised to execute relevant documents.

4 That approval be granted for use of the Council Seal on all relevant documents if required.

5 That necessary advice be supplied to the NSW Government on Council’s borrowings.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton

6.5 Crown Land Negotiation Update

TRIM Reference: 2021/946

RESOLVED - 21/178 Cr S Munro/Cr K Duffy

That Council resolves:

1 That the report by the Acting Director of Corporate and Commercial Services be acknowledged.

2 That the land transfer proceed as part of the Crown Land Negotiation Program and as per the details in this report.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton, Cr Munro

*Cr Munro left the chamber with the time being 9.38pm*

*Cr Kidd left the chamber with the time being 9.39pm and returned with the time being 9.40pm*

6.6 Entering into Contracts for the Supply and Delivery of Bitumen Emulsion

TRIM Reference: 2021/1082

RESOLVED - 21/179 Cr K Duffy/Cr G Taylor

That Council resolves to:

1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Bitupave Ltd for the supply and delivery of bitumen emulsion.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton, Cr Munro

6.8 Tender F3590-4 Gosling Creek Dam – Geotechnical Investigation

TRIM Reference: 2021/1097

RESOLVED - 21/180 Cr K Duffy/Cr G Taylor

That Council resolves:

1 To enter into a Contract with Advisian Pty Ltd for the Gosling Creek Dam Geotechnical Investigation for the amount of $163,533 subject to the mutual agreement of the terms and conditions of contract.

2 That the Chief Executive Officer be authorised to negotiate the terms and conditions of contract.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton, Cr Munro

6.9 Submission Redactions

TRIM Reference: 2021/882

RESOLVED - 21/181 Cr S Nugent/Cr J McRae

That the information in this report be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Romano, Cr Whitton, Cr Munro

*Cr Munro returned to the chamber with the time being 9.45pm*

*Cr Duffy left the meeting with the time being 9.58pm and did not return*

The Meeting Closed at 10.13PM.

This is Page Number 14 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 1 June 2021.

Council Meeting 15 June 2021

5.4 Development Application DA 284/2020(1) - 4 Kearneys Drive

RECORD NUMBER: 2021/1232

AUTHOR: Summer Commins, Senior Planner

EXECUTIVE Summary

Application lodged	31 July 2020 Amended proposal lodged 25 March 2021 138 STOP DAYS
Applicant/s	Mr S Muffet
Owner/s	Nile Street Pty Ltd
Land description	Lot A DP 365443 - 4 Kearneys Drive, Orange
Proposed land use	Demolition (existing dwelling and outbuildings) and Centre-based Child Care Facility
Value of proposed development	$1,131,627.00

Council at the Planning Development Committee meeting held on 1 June 2021 deferred consideration of the application so as to allow for a Councillor inspection of the property. The inspection was undertaken on Friday 4 June 2021 where are number of matters pertaining to the application were discussed. The report has been re-tabled for Council’s consideration.

Council's consent is sought for development of land at 4 Kearneys Drive, Orange, for a centre-based child care facility.

The proposal involves demolition of existing improvements on the land, and construction of a purpose-built child care facility and associated site works. The proposed facility will provide 52 child care places for children aged between 0-5 years.

The development the subject of this report comprises an amended proposal. The original development was included in the Agenda of the Council Meeting of 15 December 2020. The DA was recommended for Refusal. It was assessed that the proposal would extend the site beyond its capacity, and be contrary to the established neighbourhood character and function. At the proponent’s request, the DA was deferred from consideration at the Council Meeting.

An amended proposal was submitted in March 2021. The development has been amended to address issues raised during assessment of the original development. This report provides an assessment of the amended proposal.

The proposal comprises advertised development in accordance with Council’s Community Participation Plan 2019. Public and written notice of the application was given for the original development, and twelve (12) submissions were received.

The amended proposal was also subject to public exhibition. Nine (9) submissions were received. The issues raised in the public submissions generally relate to the impacts of the proposal on neighbourhood amenity (traffic, noise and character).

As outlined in this report, the amended proposal is considered to reasonably satisfy the Local and State planning controls that apply to the subject and particular landuse. 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

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

The proposal involves demolition of existing improvements on the land, and construction of a purpose-built child care facility and associated site works. The development proposal has been amended to address the key issues raised during assessment of the original development that initially went before Council in December 2020.

Council received twelve (12) submissions on the original proposal. The amended proposal was also subject to public exhibition. Nine (9) submissions were received in the second exhibition period. The issues raised in the submissions generally relate to traffic, noise and character. These issues were the focus of discussion during Council’s inspection on 4 June 2021. It is considered that the impacts of the proposed centre-based child care facility will be within acceptable limits, including noise (compliance with industry standards is achieved). Approval of the application is recommended.

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

HISTORY/BACKGROUND

The assessment history for the proposed development is as follows:

· The DA was lodged on 31 July 2020. The original proposal involves demolition of improvements and trees on the land; construction of a child care facility with capacity for 61 children; and construction of onsite carpark containing 14 car parking spaces.

· The DA was placed on public exhibition during the period 21 August–4 September 2020. Twelve (12) submissions were received.

· The report by Council’s Senior Planner on the proposed development was included in the Agenda of the Council Meeting of 15 December 2020. The DA was recommended for Refusal on the following grounds:

o Insufficient onsite car parking will be provided to accommodate the parking demands of the development.

o The development will have adverse noise impacts for adjoining dwellings.

o The development will have adverse impact on the landscape character of the site setting.

o The development will be inconsistent with the neighbourhood character and function.

· Staff assessment of the application was informed by the Land and Environment Court Judgment relating to Australian Child Care Solutions Pty Ltd V Orange City Council [2017] NSW LEC1737). Proceedings related to Council’s refusal of a development application for a proposed child care centre at 36-40 Turner Crescent. The appeal was dismissed by the LEC and the application determined by refusal.

The following Final Remark is made on the Court Judgement:

A lower scale development would be more respective of residential character. I find that the proposed development pushes the site beyond its capacity. A less intense use… would increase the development’s compatibility with the surrounding residential area. A smaller centre would meet the day to day needs of residents as contemplated by the objectives of the zoning. It would also allow for more generous parking arrangements, and result in an overall less intrusive and more compatible development. A smaller, lower, less bulky building (or buildings) could be placed on the site so as to reduce visual and other amenity impacts, including traffic movements.

· At the proponent’s request, the DA was deferred from consideration at the Council Meeting of 15 December 2020.

· Negotiations subsequently occurred between Council staff and the proponent in relation to an amended application that would address staff and public concerns.

· An amended proposal was submitted on 25 March 2021. The principal modifications on the original development include:

- A reduction in capacity to 52 child care places.

- Additional landscaping at the site frontage.

- Retention of the significant Magnolia tree in the front setback.

- A compliant onsite car park.

- A slightly reduced building footprint.

- A reduction in the height of perimeter fencing.

· The amended proposal was placed on public exhibition during the period 9-23 April 2021. Nine (9) submissions were received.

· This report provides an assessment of the amended proposal for determination by Council’s Planning and Development Committee.

Recommendation

That Council consents to development application DA 284/2020(1) for Demolition (existing dwelling and outbuildings) and Centre-based Child Care Facility at Lot A DP 365443 – 4 Kearneys Drive, 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

Council’s consent is sought for development of land at 4 Kearneys Drive for a centre-based child facility. The proposal involves demolition, new construction and site works as outlined below. The proposed child care facility will provide 52 long day child care places for children aged between 0-5 years, and operate between the hours of 7am and 6pm Monday to Friday.

Demolition

The proposal involves demolition of the following improvements on the subject land:

· Brick and tile dwelling house circa 1960.

· Attached carport and two detached metal sheds.

· Concrete driveways.

· Trees and tree groups.

Figure 2 – subject land - improvements to be removed

Construction

A purpose-built child care facility will be constructed on the cleared parcel. The proposed building will comprise a single storey structure of modern domestic design and scale. The building will have a footprint of some 20.5m x 23m, and total floor area of 384.87m². The building will have frontage to Kearneys Drive and be set back 23m from the front boundary.

Construction materials will comprise concrete slab on ground, face brick external walls, Colorbond roof sheeting and aluminium-framed openings. The proposed building will contain:

· Entry foyer with reception area, office and staff room.

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

· Kitchen, laundry and store rooms.

· External screened waste storage area.

The proposed building is depicted below (see Figures 3 and 4).

Figure 3 – front (west) elevation to Kearneys Drive

Figure 4 – proposed floor plan

Site Works

The proposal involves various site works including:

· An altered 6m wide footpath crossing and driveway via Kearneys Drive.

· Construction of an at-grade car park at the site frontage, containing 13 car parking spaces (standard and accessible) and turning bay.

· New front fencing to Kearneys Drive comprising 1.2m high brick piers with infill timber slats.

· New fencing to side and rear boundaries comprising 1.8m high modular walls.

· External playground at the rear of the building.

· Site landscaping.

· Placement of a pylon sign at the front boundary, with overall height of 2.2m, and signage panel of 1m x 1.5m.

The proposed site layout is depicted below (see Figure 5).

Figure 5 – proposed site layout

MATTERS FOR CONSIDERATION UNDER THE ENVIRONMENTAL 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 proposal involves removal of a number of trees/tree groups over the site. None of the trees to be removed form part of the Blakely’s Box Gum Grassy Woodland; and clearing thresholds prescribed by regulation will not be exceeded (0.25ha).

· The land is not located in an area of high biodiversity value. The land is a highly disturbed urban environment and trees to be removed do not form part on an endangered ecological community. The development is not likely to give rise to any 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 Orange LEP 2011 relevant to the proposal include:

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

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

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

It is considered that the proposed development will not be adverse to the above-listed Aims.

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

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

Clause 1.9A Suspension of Covenants, Agreements and Instruments

Clause 1.9A is applicable and states in part:

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

(2) This clause does not apply:

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

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

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

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

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

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

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

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

Part 2 - Permitted or Prohibited Development

Clause 2.1 Land Use Zones

The subject land is zoned R1 General Residential.

The proposal is defined as demolition and 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 proposed development will not be adverse to the relevant R1 objectives. The proposed centre-based child care facility will provide a long-day child care service that will be utilised by local and wider residents. Centre-based child care facilities are a permitted and complementary landuse in the R1 zone. Arising impacts associated with the proposal are considered to be within reasonable limit for the residential setting.

Clause 2.7 Demolition Requires Development Consent

Pursuant to Clause 2.7:

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

Consent is sought for demolition of existing improvements on the land in accordance with this clause.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

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

Part 5 - Miscellaneous Provisions

The Miscellaneous Provisions do not apply to the application.

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

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

The proposed development may be designed to satisfy the requirements of Clause 7.3. Conditions are included to achieve compliance.

Clause 7.6 Groundwater Vulnerability

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

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

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

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

In consideration of Clause 7.6, there are no aspects of the proposed development that will impact on groundwater and related ecosystems. Water and sewer reticulation are connected to the subject land.

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) stormwater drainage or onsite conservation,

(e) suitable road access.

In consideration of this clause, the listed utility services are available to the site and adequate for the proposed development.

STATE ENVIRONMENTAL PLANNING POLICIES

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:

(c) 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 change of use of the subject land from residential to child care purposes. Pursuant to Clauses 2 and 4 above, a Preliminary Site Investigation (PSI) was submitted in support of the proposal (Martens Consulting Engineers May 2020).

The PSI finds that the subject and adjoining lands have longstanding residential use (circa 1960), with low potential for onsite environmental impact. Notwithstanding, potential contamination sources on the land may be associated with past dwelling construction and maintenance (asbestos, pesticides and heavy metals); and past shed/garage construction and use (asbestos, pesticides, heavy metals and hydrocarbons). The PSI recommends further soil sampling analysis following demolition and site clearing works.

Council’s Environmental Health Officer advises as follows in relation to the contamination status of the subject land:

The PSI provided by Martens Consulting Engineers found, through an assessment of historical and recent land uses for the site and surrounding area as well as a core sample and site visit, that contamination on the site is unlikely.

The report advised a detailed site contamination assessment could be undertaken post-demolition works. They recommended any soil that is to be removed from the site has a formal waste classification assessment prior to movement.

While contamination is unlikely, conditions are included to address unexpected contamination finds on the site during works, and the aforementioned recommendation for waste classification on removed soil.

Based on the foregoing, assessment staff are satisfied that the subject land will be suitable for use as a child care centre from a contamination perspective. Conditions are included in relation to testing of removed soil; and implementation of an ‘unexpected finds’ procedure during demolition 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 of 169m² is required (based on 3.25m² x 52 children). Floor space of 194.3m² will be provided over 3 learning rooms.

Outdoor unencumbered floor space of 364m² is required (based on 7m² x 52 children). Floor space of 408.52m² will be provided in outdoor play areas.

Based on compliance with the Regulations for indoor and outdoor unencumbered floor space, notice to and 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 provisions of the Child Care Planning Guideline (Department of Planning and Environment 2017) are considered in the following assessment pursuant to Clause 23.

CHILD CARE PLANNING GUIDELINE

Part 2 - Design Quality Principles

Principle 1 - Context

The development context comprises a low-density, established residential neighbourhood, circa 1960. Dwellings are detached and single storey, and of mixed finishes and forms typical of the era. Building footprints and massing are generally modest. Private landscaping is well established and front fences are a feature in the streetscape. Dwellings address the Kearneys Drive frontage with setbacks of some 6+m. The immediate neighbourhood is exclusively residential; non-residential landuses do not feature in this context. The street is subject to residential traffic only. A centre-based child care facility could be a complementary landuse in this setting, subject to sympathetic design.

Principle 2 - Built Form

The proposed building will comprise a modern domestic design and scale. The building design and detailing will reasonably relate to the mixed domestic architectural forms within the established neighbourhood (hipped roof profiles, wall height and external finishes). Furthermore, the building will be single storey, consistent with adjoining improvements.

Building massing will exceed the prevailing footprint in the low density setting. Indeed, the proposed development will comprise site coverage of some 25%, compared with a typical site coverage for this streetscape of 15%. It is noted that site coverage has been reduced for the amended proposal: the original development comprised site coverage of some 30%.

It is considered that the building massing will be reasonable. The building footprint will generally cover the width of the site, with side boundary setbacks of some 1.6m. Frontage dimensions and side setbacks will relate to the existing dwelling on the land (proposed for demolition). The contribution of the proposed building massing in the streetscape will be similar to the contribution made by the existing dwelling.

The proposed building will be sited a minimum 23m from the front boundary to Kearneys Drive. The building siting will not relate to the streetscape building line: dwellings to the north and south on Kearneys Drive have setbacks of 6-8.5m respectively. Furthermore, the front setbacks in this streetscape comprise landscaped front yards and driveways.

Notwithstanding, car parking in the front setback will provide for efficient use of the site. Front fencing and a 3m landscape strip at the front boundary will screen the vehicle areas, and complement front setbacks for adjoining dwellings. It is noted that the landscape strip has been increased for the amended proposal: the original development comprised a landscape strip of 2.3m. Car parking in the front setback is typical for other child care facilities in residential neighbourhoods in the City.

Principle 3 - Adaptive Learning Spaces

The proposal will provide purpose-built indoor learning spaces that are ‘fit-for-purpose, enjoyable and easy to use.’ Outdoor play spaces will be immediately adjacent and accessible via indoor play rooms. Age-specific internal playrooms will be provided to cater for various ages and abilities. Indoor and outdoor play spaces will provide various settings and facilities for interaction.

Principle 4 - Sustainability

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

Principle 5 - Landscape

The proposed development is supported by a landscape design concept that involves retention of a significant Magnolia in the front setback; 3m landscape strip at the site frontage; and perimeter plantings to side and rear boundaries. A variety of hard and soft landscaping elements will be provided in outdoor play spaces.

Principle 6 - Amenity

The proposed child care centre will provide a high standard of amenity for users. Learning spaces will be efficient and functional, with direct access to bathrooms, sleep rooms, stores and service areas. Indoor playrooms will provide ideal learning and play environments, with generous natural light, ventilation and outlook. Outdoor play spaces will be immediately adjacent and accessible via indoor playrooms.

The proposed child care facility will not unreasonably impact on residential amenity for adjoining dwellings in Kearneys Drive and Clinton Street (as outlined in the following sections of this report).

Principle 7 - Safety

The building design and site works will satisfy the principles of Crime Prevention Through Environmental 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.

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

A Noise Impact Assessment was submitted in support of the amended proposal (Renzo Tonin & Associates dated 17 March 2021).

Noise associated with the proposed child care facility will be generated by outdoor play; mechanical plant; traffic noise in the car park; and traffic noise in local streets generated by vehicles associated with the centre.

The submitted Noise Impact Assessment provides the following (paraphrased) conclusions and recommendations:

· Noise impacts associated with the proposal were assessed in accordance with the recently updated Association of Australasian Acoustic Consultants (ACCC) ‘Guideline for Child Care Centre Acoustic Assessment’ Version 3.0 (September 2020).

· Operational noise from the outdoor play area of the proposed redesigned child care centre is predicted to exceed the applicable noise criteria by 2dBA at the nearest affected residential receivers.

· Noise mitigation measures are recommended. Physical mitigation includes to install and maintain a 1.8m high solid fence to side and rear boundaries.

· Other mitigation measures include in-principle noise management measures to reduce noise from outdoor play area, such as limits on the number of children, removing crying children, no music etc.

· Operational noise from the carpark is predicted to comply with the applicable noise criteria at the nearest affected residential receivers.

· Traffic noise on public roads due to traffic generated by the proposed redesigned child care was predicted to comply with the relevant noise requirements for residences along Kearneys Drive.

Council’s Environmental Health Officer has reviewed the submitted Noise Impact Assessment, and concurs with the findings and recommendations. He advises:

- Noise emissions associated with the outdoor play area would comply with the ACCC Guideline subject to use of the outdoor play area being restricted to 4 hours per day. Under the terms of this restriction, a noise threshold of 10dBA above background noise is permitted. The proponent is amenable to restricted use of the playground to achieve compliance with the ACCC Guidelines. A Condition is included to this effect.

- The submitted Noise Impact Assessment has not considered noise emissions associated with mechanical plant. A Condition is included requiring noise emissions from mechanical plant comply with the ACCC Guideline, and be demonstrated at Construction Certificate stage.

Subject to compliance with Conditions above, noise emissions associated with the proposal will comply with relevant criteria. It is noted that noise emissions for the original development exceeded relevant criteria.

Privacy

The proposed site layout and building design will not adversely impact on visual privacy for adjoining dwellings:

· Finished floor and ground levels will be slightly below existing natural ground levels, and thereby minimise overlooking from the development site to adjoining dwelling.

· A 1.8m high solid perimeter fencing will be installed to the side and rear boundaries adjacent to adjoining dwellings.

· Landscaping will be provided to the site perimeters.

· Playroom openings in the north and south façade will comprise (fire-rated) glass bricks. The glazing form will minimise overlooking to the opposing dwellings. Notwithstanding, perimeter fencing will prevent overlooking.

· The proposed building will be sufficiently removed from the eastern (rear) boundary to prevent overlooking from within the building of the adjoining dwellings in Clinton Street.

Odour

A screened waste storage area will be located on the front (east) façade near the building entrance, and well-removed from adjoining dwellings. 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 included requiring outdoor lighting to comply with AS 4282:1997 Control of the obtrusive effects of outdoor lighting.

Traffic Matters

A Traffic and Parking Impact Assessment was submitted in support of the proposal (Traffic Solutions Pty Ltd dated June 2020). The Assessment concludes:

a. The access driveway proposed to serve the development is suitably located and will provide very good sight distance in both directions along Kearneys Drive.

b. The proposed development satisfies the related geometric design specification contained in the Australian Standards for off-street parking and vehicular access.

c. The off-street parking provided in the proposed development is one car space short of the RMS and Council requirements, however, there is ample street frontage to cater for this shortfall, without any unacceptable amenity impacts on adjoining properties.

d. The proposal has a potential net increase in estimated peak hour traffic flows in the order of 48 vehicle trips in the morning and 42 [vehicle trips in the evening], which will not have any unacceptable traffic impacts upon Kearneys Drive or the surrounding road network.

The above conclusions are considered in the following assessment.

Access

Access to the subject land will be via a widened 6m footpath crossing and driveway to Kearneys Drive, adjacent to the southern boundary. Council’s Assistant Development Engineer concurs that reasonable sight distances will be afforded along Kearneys Drive to the north and south.

Car Park Layout

The amended proposal was supported by an analysis of Off-Street Parking Provision & Layout (Hemanote Consultants dated 12 March 2021). The Analysis concludes:

The revised onsite parking provision and layout is adequate for the proposed development and is in accordance with Australian Standard AS2890.1:2004, where vehicles are able to enter and exit the site in a forward direction at all times.

It is noted that the original development involved tandem car parking spaces, which are contrary to AS 2890.1-2004 and DCP 2004. The amended proposal does not involve tandem parking.

Car Parking Requirements

Pursuant to DCP 2004, onsite parking is required for child care centres at a rate of one space for every four children in attendance. Based on 52 proposed child care places, 13 onsite car parking spaces are required for the proposed development. Thirteen (13) car spaces will be provided, in compliance with the DCP. It is noted that car parking for the original development did not comply with the DCP requirements.

Traffic Generation

Council’s Assistant Development Engineer advises as follows in relation to traffic generation and the capacity of the local road network:

‘The anticipated traffic volume increase is well within the existing road capacity and will not impact on pedestrian safety. The existing road network has sufficient capacity to cater for the identified AM and PM traffic peaks. Kearneys Drive has a width of 11.0m kerb to kerb, thereby providing two parking lanes and two way traffic flow. ‘No standing’ signs are not proposed as part of any traffic control measures as Kearneys Drive.’

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

Surrounding landuses comprise residential accommodation. A child care centre is a permitted and complementary landuse in the zone. The subject land is suitable for use as a child care centre-based on lot size, configuration, dimensions and frontage.

The development site has shared boundaries with residential properties to the north and south on Kearneys Drive; and east on Clinton Street. The interface between the development and adjoining dwellings is considered satisfactory as outlined in this report.

The development site is not subject to environmental risks such as flooding, landslip or bushfires. The site is considered suitable for child care use from a contamination perspective. 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 site is well-located to attract facility users in surrounding residential neighbourhoods. 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 impacts prescribed in the Guideline. The site does not contain any known environmental hazard or risk. The site is considered suitable for child care use from a contamination perspective, subject to Conditions outlined above.

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.

As considered in the foregoing assessment, the proposed building design and detailing will reasonably relate to the mixed domestic architectural forms within the established neighbourhood (hipped roof profiles, wall height and external finishes). Furthermore, the building will be single storey, consistent with adjoining improvements. Building massing in the streetscape will be of a scale consistent with the existing dwelling to be demolished. Front fencing and landscaping will relate to and complement front setbacks for adjoining dwellings.

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

New front fencing and signage and landscaping to Kearneys Drive will establish a transition between public and private spaces. The building will address Kearneys Drive for 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.

Front fencing, 1.2-1.5m high, is a feature in this streetscape. The proposed front fence will relate to fencing height and forms on adjoining residential parcels. The proposed fence will be suitable to provide some screening of vehicle areas in the front setback, and ensure the facility will remain visually permeable in the streetscape.

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 privacy for adjoining dwellings on Kearneys Drive and Clinton Street (with reference to fencing, landscaping, interface with opposing landuses and finished surface levels).

Internal and external play spaces will have access to sunlight. Internal and external solar access will be provided to the adjoining southern dwelling (ie. most impacted) in accordance with the requirements of DCP 2004.

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 building will be single storey and of consistent height with adjoining dwellings on Kearneys Drive and Clinton Street.

The impact of the proposed building on adjoining dwellings at 2 and 6 Kearneys Drive will be within reasonable limit. The proposed building will be offset from the adjoining dwellings due to a larger front setback, to minimise visual bulk encroachment. The side setbacks of 1.6m will also assist. Solid 1.8m high fencing will be erected to side boundaries for visual and acoustic screening. Fencing height is typical in a residential setting. Openings in the north and south elevations will comprise obscure glass bricks and not allow overlooking.

Adverse arising impacts associated with the interface of the proposed building and adjoining dwellings in Clinton Street are not anticipated. The proposed building will be sufficiently removed from the eastern (rear) boundary.

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

As considered above, the proposed building will be set back 23m from the Kearneys Drive front boundary, and be disparate to the streetscape building line of 6-8m. Notwithstanding, car parking in the front setback will provide for efficient use of the site. Front fencing and a 3m landscape strip at the front boundary will screen the vehicle areas, and relate to front setbacks for adjoining dwellings. It is noted that the landscape strip has been increased for the amended proposal: the original development comprised a landscape strip of 2.3m.

Car parking in the front setback is typical for other child care facilities in residential neighbourhoods in the City.

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.

As considered in the foregoing assessment, the proposed building design and detailing will reasonably relate to the mixed domestic architectural forms within the established neighbourhood. Massing will exceed the typical footprints for adjoining improvements, although this will not be apparent at the street frontage. Site works in the front setback comprising front fencing and generous landscaping will complement the neighbourhood character.

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

The proposed development will achieve ease of access and secure entry to the site and building. 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.

Accessible design will be achieved via accessibility to and within the facility; ramped pathways to key areas; and continuous paths of travel to and within the building.

3.4 - Landscaping

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

The proposed development is supported by a landscape design concept that involves relocation of a significant Magnolia in the front setback; 3m landscape strip at the site frontage; and perimeter plantings to side and rear boundaries. A variety of hard and soft landscaping elements will be provided in outdoor play spaces.

Council’s Manager City Presentation supports the proposed landscape design concept for the site. Conditions are included requiring the Magnolia CV be transplanted by a qualified arborist; and the transplanted Magnolia CV be maintained to the satisfaction of the Manager City Presentation. It is noted that should transplanting works fail, modification of the development consent will be required.

3.5 - Visual and Acoustic Privacy

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

Outdoor play spaces will be located at the rear (east) of the building and will not be visible from Kearneys Drive. Solid 1.8m high fencing to side and rear boundaries will enclose the outdoor play area and provide privacy and security to this space.

Objective: To minimise impacts on privacy of adjoining properties.

As outlined previously, the development will provide acceptable privacy for adjoining dwellings (with reference to boundary fencing, landscaping, interface with opposing landuses and finished surface levels).

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

As outlined in the foregoing sections of this report, noise emissions from the proposed child care facility will comply with relevant criteria subject to Conditional physical and operational noise mitigation measures.

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. Kearneys Drive operates as a Local road with negligible traffic noise impact.

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 major roads 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 7am to 6pm Monday to Friday. The hours are considered suitable in this setting, and consistent with operating hours for other child care facilities in residential areas in the City. A Condition is included to formalise hours of operation.

3.8 - Traffic, Parking and Pedestrian Circulation

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

As considered in the foregoing assessment, 13 car spaces will be provided for the proposed child care facility in compliance with controls in DCP 2004. Car park design will be consistent with AS 2890.1 Off street car parking.

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

The subject land has direct frontage and access to Kearney Drive. A 6m vehicle crossing and driveway will be constructed to service the site. Pursuant to the submitted Traffic and Parking Statement (Traffic Solutions Pty Ltd 3 June 2020): ‘the access driveway proposed to serve the development is suitably located and will provide good sight distances in both directions along Kearneys Drive.’ Council’s Assistant Development Engineer raised no objection to the proposed site access arrangements.

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 park layout that will allow vehicles to enter and exit the site in a forward direction.

· Provision of an accessible parking space with shared zone.

· Concrete footpath to the site frontage on Kearneys Drive, as required by Condition.

· Pedestrian footpath from the site frontage to building entrance.

· Pool style fencing to restrict access between the building entrance and car park.

· 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 included requiring submission of a schedule demonstrating compliance with the National Regulations 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.

State Environmental Planning Policy 64 Advertising and Signage

SEPP 64 Advertising and Signage is applicable and states in part:

3 Aims, Objectives etc

(1) This Policy aims:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

(8) Granting of Consent to Signage

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in Clause 3 (1) (a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

Details of the proposed pylon sign are shown below (see Figure 6).

Figure 6 - pylon sign location and elevation

The proposed pylon sign will comply with the requirements of SEPP 64, as considered below.

Schedule 1 Assessment Criteria

1 - Character of the Area

· Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

· Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

There is no particular theme for outdoor advertising in this setting, being an established residential area. Notwithstanding, it is considered that the proposed single pylon sign will be suitable for this residential streetscape in respect of form, height, scale and siting.

2 - Special Areas

· Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

The subject land is contained within a residential area and restrictions on advertising content apply under the SEPP (Clauses 9 and 10). Details of advertising content were not included in the development application. A Condition is included requiring advertising content to the proposed pylon sign comprise business or building identification only.

3 - Views and Vistas

· Does the proposal obscure or compromise important views?

· Does the proposal dominate the skyline and reduce the quality of vistas?

· Does the proposal respect the viewing rights of other advertisers?

The proposed pylon sign will be contained/integrated within front fence and landscape bed at the site frontage and will not visually dominate the streetscape view corridor. The height of the pylon sign (1m above the fence) will not protrude above the proposed building or localised tree canopy, and is considered to be a personal scale within the residential setting.

4 - Streetscape, Setting or Landscape

· Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

· Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

· Does the proposal reduce clutter by rationalising and simplifying existing advertising?

· Does the proposal screen unsightliness?

· Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

· Does the proposal require ongoing vegetation management?

The proposed pylon sign will be suitable in the residential streetscape due to the following:

- A single sign is proposed.

- The sign will be of suitable proportions for a residential setting, ie a signage panel of 1.5m².

- The sign will integrate with the proposed fencing and landscape bed at the site frontage.

5 - Site and Building

· Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

· Does the proposal respect important features of the site or building, or both?

· Does the proposal show innovation and imagination in its relationship to the site or building, or both?

The proposed sign is an expected visual element associated with use of the land as a child care facility.

6 - Associated Devices and Logos With Advertisements and Advertising Structures

· Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

No safety devices, platforms, lighting devices or logos are proposed or required for the pylon sign.

7 - Illumination

· Would illumination result in unacceptable glare?

· Would illumination affect safety for pedestrians, vehicles or aircraft?

· Would illumination detract from the amenity of any residence or other form of accommodation?

· Can the intensity of the illumination be adjusted, if necessary?

· Is the illumination subject to a curfew?

Based on the residential setting, a Condition is included that illumination of the proposed pylon sign is not permitted.

8 - Safety

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

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

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

The proposed siting and scale of the pylon sign will not obscure sightlines between the building and Kearneys Drive; nor reduce the safety of vehicles, pedestrians or cyclists in the onsite carpark or Kearneys Drive.

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

SEPP (Vegetation in Non-Rural Areas) 2017 is applicable to the proposal.

Pursuant to Clause 7(1):

A person must not clear vegetation in any non-rural area of the State… without the authority conferred by a permit granted by the council…

Clause 9(2) further requires that:

A development control plan may make the declaration in any manner, including by reference to any of the following:

(a) the species of vegetation,

(b) the size of vegetation,

(c) the location of vegetation (including by reference to any vegetation in an area shown on a map or in any specified zone),

(d) the presence of vegetation in an ecological community or in the habitat of a threatened species.

In consideration of the requirements of the SEPP, the proposal involves removal of a number of trees/tree groups over the site. A Basic Tree Assessment was submitted in support of the proposal (Monaco Designs Pty Ltd, 1 May 2020). Trees to be removed include (common names) Pyrus, fruit, Acacia, Thuja and Irish Strawberry.

Pursuant to DCP 2004-0.4-2 Interim Planning Outcomes- Tree Preservation, Council’s approval is required for removal of trees of a certain prescribed species and size.

Trees Numbered 10 (Acacia longifolia), 12 (Thuja CV Row) and 14 (Arbutus unedo (Irish Strawberry Tree) are subject to Tree Preservation Order and consent is required for removal (see Figure 7).

Figure 7 – trees to be removed subject to TPO

The proposed tree removal was referred to Council’s Manager City Presentation (MCP) for review. MCP raised no additional objections to tree removal, subject to replacement planting in accordance with the submitted landscape plan.

It is noted that Tree Numbered 3 (Magnolia CV) will be transplanted to the landscape bed adjacent the proposed front building façade. The subject Magnolia is one of the larger intact and sound specimens in the LGA. It makes a significant contribution to the landscape setting of the site and streetscape. MCP has included a Condition requiring the tree transplanting works be bonded for a two year period, to ensure the success of the transplanting.

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 at 1521 Forest Road and has no effect for the proposed development.

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 contained in the Draft Plan.

It is noted the Courallie Park Preschool and Early Education Centre is located nearby to the site at 37 Kearneys Drive. A separation of 295m is provided between Courallie Park and the development site. Cumulative amenity impacts are not anticipated to arise as a consequence of proximity.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

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

Development Control Plan 2004

DCP 2004 - 0 Tree Preservation

The relevant matters in this part were considered in the foregoing assessment under SEPP (Vegetation in Non-Rural Areas) 2017.

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 – 7 Development in Residential Zones

The relevant matters in Part 7 were considered in the foregoing assessment under Child Care Planning Guideline.

DCP 2004 – 15 Car Parking

The relevant matters in Part 15 were considered in the foregoing assessment under Child Care Planning Guideline.

DEVELOPMENT CONTRIBUTIONS

Section 64 Local Government Act 1993

Development contributions for water, sewer and drainage works are applicable to the proposed development.

The contributions are based on 2.12 ETs for water supply headworks and 4.2 ETs for sewerage headworks. A Condition is included requiring payment of applicable headworks contributions.

Provisions Prescribed By The Regulations S4.15(1)(A)(Iv)

Demolition of a Building (clause 92)

The proposal involves demolition of existing improvements on the subject land. Conditions are included in relation to works consistent with application standards; and appropriate waste management.

Fire Safety Considerations (clause 93)

The proposal does not involve a change of building use for an existing building. The proposed building may be designed and constructed to satisfy the fire safety provisions contained in the BCA.

Buildings to be Upgraded (clause 94)

The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development. A Section J Energy Efficiency Statement will be required with the Construction Certificate application.

The Likely Impacts of the Development S4.15(1)(B)

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

· Setting and context

o public domain

o landuse

o interface

o presentation

· Visual impacts

o neighbourhood character

o streetscape presentation

o building design, detailing and siting

o signage design, detailing and siting

o landscape character

· Neighbourhood amenity

o acoustic privacy

o visual privacy

o visual bulk encroachment

o external lighting

o crime prevention

o odour emissions

· Traffic matters

o site access

o onsite manoeuvring

o car parking

o traffic generation

o network capacity

· Environmental impacts

o waste management

o sediment and erosion control

o biodiversity

o groundwater

o stormwater management

o tree removal

o cultural values

o contamination.

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

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

· Centre-based child care facilities are permitted on the subject land zoning.

· The site is of suitable area and dimensions to accommodate required indoor and outdoor unencumbered play space and onsite car parking.

· The site has direct frontage and access to Kearneys Drive.

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

· There is no known contamination on the land.

· All utility services are available and adequate.

· The site is not subject to natural hazards.

· 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 proposed development is defined as "advertised development" pursuant to Council’s Community Participation Plan 2019.

First Exhibition Period

The original development was placed on public exhibition during the period 21 August – 4 September 2020. Twelve (12) submissions were received. The issues raised in the submission are considered below.

Queries in relation to fencing on the eastern (rear) boundary common to 175 Clinton Street including height, materials, colour, timing and extension to adjoining property.

Consistent with the recommendations of the submitted acoustic assessment, the subject fence will be of solid construction and 1.8m in height. An Advisory Note is included requiring the proponent liaise with the adjoining property owner in relation to fencing colour and timing of installation. There is no obligation for the developer to extend the fence to the common boundary with 6 Kearneys Drive, as requested in the submission.

How will noise management measures be enforced?

Noise management and mitigation measures will be enforced via conditions of consent. Failure to comply with conditions is a breach of the Environmental Planning and Assessment Act 1979, and enforcement action can be taken. The operator of the centre will be responsible to ensure operation of the centre consistent with the noise operational management plan.

The ambient noise levels in the neighbourhood will be increased

It is concurred that the neighbourhood acoustic environment will be altered by the proposed development. Notwithstanding, noise impacts associated with the child care facility will not exceed adopted criteria.

Kearneys Drive is too narrow to accommodate traffic volumes and on-street car parking demands, with associated impacts for road and pedestrian safety

Council’s Assistant Development Engineer advises that Kearneys Drive has a width of 11.0m kerb to kerb, thereby providing two parking lanes and two way traffic flow. It is acknowledged that the residential street will be altered by traffic volumes associated with the proposed development. Notwithstanding, increased traffic volumes will be within the existing road capacity. Council’s Assistant Development Engineer and the proponent’s traffic consultant concur that road and pedestrian safety will not be adversely impacted.

The proposed access driveway will conflict with the driveway opposite the site at 9 Kearneys Drive

All vehicles associated with the proposed child care centre will enter and exit the site in a forward direction, and sight lines will be appropriate in both directions along Kearneys Drive. Conflicts with other vehicles in Kearneys Drive is considered unlikely.

The proposed development will devalue adjoining properties; what compensation will be available?

This matter is not a relevant consideration in the assessment of a development application pursuant to the Environmental Planning and Assessment Act 1979.

Insufficient onsite car parking will be provided

As considered in the foregoing assessment, 13 onsite car spaces will be provided for the proposed child care facility in compliance with the DCP controls.

On-street car parking will impact on waste collection

A Condition is included requiring the child care facility enter into a private collection agreement with a waste contractor, such that kerbside placement of bins on Kearneys Drive will not be required.

Footpaths at the frontages of adjoining properties will be worn with increased foot traffic

Footpaths are public land available for use by all. A Condition is included requiring footpath construction at the site frontage of the development site.

Proposed front fencing will be insufficient to screen vehicles with adverse visual impacts on the streetscape

The proposed front fence will be of height and materials that will complement other front fencing in this streetscape. A 3m landscape strip adjacent the front boundary will assist to provide screening and softening of the carpark.

The required 2.1m acoustic wall will overshadow the dwelling and associated open space at 2 Kearneys Drive

The amended development will require a 1.8m high solid fence to side and rear boundaries. Solar access on-ground and to northern windows at 2 Kearneys Drive will be maintained in accordance with the controls at DCP 2004-7.7-8 Daylight and Sunlight.

There are other child care centres nearby to the site to accommodate the needs of local residents

Commercial supply and demand considerations are not a relevant matter in the assessment of a development application pursuant to the Environmental Planning and Assessment Act 1979.

Additional traffic will result in vehicle conflicts at the intersection of Kearneys Drive and Margaret Street

Council’s Assistant Development Engineer is satisfied that increased traffic volumes associated with the development will be within the existing road capacity. Notwithstanding, the operation of the Kearneys Drive and Margaret Street intersection will be monitored. Traffic management measures/controls may be implemented as required. This matter can be reviewed at any time, in conjunction with Council’s Traffic Committee.

How will construction impacts be managed?

“During Construction” Conditions are included in relation to hours of works, sediment controls, dust controls etc. The Principal Certifying Authority is responsible for overseeing construction works in accordance with consent conditions.

A Noise Management Plan is required.

A Condition is included requiring preparation and implementation of a Noise Management Plan, consistent with the ACCC Guidelines Child Care Centre Noise Assessment Version 3.0.

How will noise emissions compliance be demonstrated?

A Condition is included requiring preparation and submission of an acoustic commissioning report within three months of occupation, to monitor actual noise emissions associated with the child care centre and demonstrate compliance with ACCC Guideline.

Mechanical plant noise was not considered in the acoustic assessment.

A Condition is included requiring further acoustic assessment of plant.

All activities associated with the centre (including cleaning and maintenance) should occur between 7am and 6pm Monday to Friday

A Condition is included to this effect.

SECOND EXHIBITION PERIOD

The amended development was placed on public exhibition during the period 9-23 April 2021. Nine (9) submissions were received. The issues raised in the submissions are considered below.

Insufficient onsite car parking will be provided

As considered in the foregoing assessment, 13 onsite car spaces will be provided for the proposed child care facility in compliance with the DCP controls.

Kearneys Drive is too narrow to accommodate traffic volumes and on-street car parking demands, with associated impacts for road and pedestrian safety

The ambient noise levels in the neighbourhood will be increased

Additional traffic will result in vehicle conflicts at the intersection of Kearneys Drive and Margaret Street

The proposed access driveway will conflict with the driveway opposite the site at 9 Kearneys Drive

The proposed development will devalue adjoining properties.

This matter is not a relevant consideration in the assessment of a development application pursuant to the Environmental Planning and Assessment Act 1979.

The amended proposal has not addressed the submitters’ concerns in relation to parking, noise, property devaluation etc.

As considered in the foregoing assessment, the amended proposal is considered to be within the capacity of the site. Subject to mitigation conditions, the proposed development is consistent with Local and State planning controls and guidelines specific to the proposed landuse.

Queries in relation to fencing on the eastern (rear) boundary common to 175 Clinton Street including height, materials, colour, timing and extension to adjoining property.

Consistent with the recommendations of the submitted acoustic assessment, the subject fence will be of solid construction and 1.8m in height. An Advisory Note is included requiring the proponent liaise with the adjoining property owner in relation to fencing height (the submitter prefers 2.1m); materials; colour; and timing of installation. There is no obligation for the developer to extend the fence to the common boundary with 6 Kearneys Drive, as requested in the submission.

How will noise management measures be enforced?

Commercial landuse is unsuitable in a residential area

Centre-based child care facilities are a permitted landuse in the R1 General Residential zone pursuant to Orange LEP 2011.

Other child care facilities in the City are nearby to commercial or open space lands

Child care facilities are located throughout the City, and indeed many are contained within commercial or open space precincts. Notwithstanding, there are other child care facilities that are contained within residential areas including, for example, the facility under construction at 36 Turner Crescent; The Willows Early Learning Centre at 55 Dalton Street; Waratah Early Learning Centre at 52 Farrell Road; Trinity Preschool at 41 Kooronga Avenue; and Hill Street Children’s Centre at 182 Hill Street. Arising impacts associated with the proposed development are considered to be within reasonable limit to maintain amenity in the residential setting.

Residents in Dale Street and Kearneys Drive will be inconvenienced by traffic generated by the proposal.

The proposed access to the child care facility will be adjacent the southern boundary of the site, and offset from the intersection of Dale Street and Kearneys Drive. The proposal will generate additional traffic than the existing residential use of the land. Notwithstanding, Council’s Assistant Development Engineer is satisfied that increased traffic volumes will be within the existing road capacity.

All vehicles associated with the proposed child care facility will enter and exit the site in a forward direction, and sight lines will be appropriate in both directions along Kearneys Drive. Conflicts with other vehicles in Kearneys Drive, and at the intersection of Kearneys Drive and Dale Street is not anticipated.

Insufficient car parking will be provided, with reference to nearby Courallie Park Child Care.

As considered in the foregoing assessment, 13 onsite car spaces will be provided for the proposed child care facility in compliance with the DCP controls. The child care facility at Courallie Park was approved in the 1980s and predates current planning controls.

Linemarking will be required on the road pavement to prevent onstreet parking across resident driveways.

Parking controls may be implemented as required. This matter can be reviewed at any time, in conjunction with Council’s Traffic Committee.

The DA demonstrates ‘the short-sightedness of the Council’s planning regulations.’

Centre-based child care facilities are subject to Local and State planning legislation and guidelines. The proposal is a permitted and complementary non-residential landuse.

Noise emissions will only comply with the ACCC Guidelines with time limits on outdoor play.

As outlined in the foregoing sections of this report, Council’s Environmental Health Officer concurs with this submission. Noise emissions associated with the outdoor play area would comply with the ACCC Guideline, subject to use of the outdoor play area being restricted to four (4) hours per day. Under the terms of this restriction, a noise threshold of 10dBA above background noise is permitted. The proponent is amenable to restricted use of the playground to achieve compliance with the ACCC Guidelines. A Condition is included to this effect.

A Noise Management Plan is required.

A Condition is included requiring preparation and implementation of a Noise Management Plan, consistent with the ACCC Guidelines.

How will noise emissions compliance be demonstrated?

A Condition is included requiring preparation and submissions of an acoustic commissioning report within three (3) months of occupation, to monitor actual noise emissions associated with the child care centre and demonstrate compliance with ACCC Guideline.

All activities associated with the centre (including cleaning and maintenance) should occur between 7am and 6pm Monday to Friday

A Condition is included to this effect.

Traffic generation associated with the proposed child care facility appears to be underestimated

The estimation of traffic generation associated with the proposal is based on calculations contained in the Roads and Maritime Services ‘Guide to Traffic Generating Development’ (2002). It is a commonly-used assessment tool in the consideration of traffic impacts associated with development proposals. It is acknowledged that the residential street will be altered by traffic volumes associated with the proposed development. As outlined in this report, the proponent’s traffic consultant and Council’s Assistant Development Engineer concur that trip generation rates will not have unacceptable traffic impacts on Kearneys Drive or the surrounding road network.

Does not proposal require on-street No Standing No Parking signs?

There will be no restrictions on resident parking in Kearneys Drive.

What provision is made for service vehicles/waste collection?

The proponent shall enter into a private service agreement for the collection of waste. Waste collection vehicles will park on Kearneys Drive at the site frontage and will not enter the site. Contractors will collect, empty and return the bins to the onsite waste storage area. Waste collection shall occur outside operating hours for the child care facility in order to minimise traffic congestion in Kearneys Drive (consistent with domestic waste collection in the street).

Public Interest S4.15(1)(e)

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

SUMMARY

It is considered that the impacts of the proposed centre-based child care facility will be within acceptable limit. The amended proposal is considered to be within the capacity of the site. Conditions are included to mitigate and manage arising impacts. 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

· Senior Planner – Development Assessment

· NSW Police Crime Prevention Officer

Attachments

1 Notice of Approval, D21/33269 ⇩

2 Plans, D21/33297 ⇩

3 Submissions - First and Second Exhibition Periods, D21/33298 ⇩

Council Meeting 15 June 2021

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 284/2020(1)

NA21/ Container PR5880

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Mr S Muffet
Applicant Address:	PO Box 864 CHATSWOOD NSW 2057
Owner’s Name:	Nile Street Pty Ltd
Land to Be Developed:	Lot A DP 365443 - 4 Kearneys Drive, Orange
Proposed Development:	Demolition (existing dwelling and outbuildings) and Centre-based Child Care Facility

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

Determination made under Section 4.16
Made On:	15 June 2021
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	16 June 2021
Consent to Lapse On:	16 June 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) To provide adequate public health and safety measures.

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

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

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

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

Conditions

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

(a) Drawings by Creative Drafting Service. Job No. 191370. Drawing Nos. A0.00, A1.00, A1.01, A1.02, A1.03, A1.04, A1.05 Issue C dated 03.03.21 (7 sheets)

Landscape Plan by Monaco Designs P/L

Job No. 5505, Sheet 1 of 1 dated 25 May 2020

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

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

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

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

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

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

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

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

Carpark layout shall be generally as per drawing number 191370_A1.02 issue C (dated 04/10/2019) with the following amendments:

o Parking spaces numbered 2, 6-8, and 13 to be clearly identified by signage or line marking as ‘staff parking only’.

o Turning bay to be clearly identified by signage and line marking as ‘turning bay’.

o Central aisle and parent parking spaces 3 – 5 and 9 - 12 to be constructed to dimensions specified for User Class 3A in figure 2.2 of AS 2890.1 (using 6.2m aisle width option).

o Pedestrian gate beside driveway shall either swing inwards or be deleted.

The plans shall also detail pedestrian sight lines for vehicles exiting the driveway to Kearneys Drive to ensure pedestrian safety. The plans shall detail how compliance is achieved with AS/NZS 2890.1:2004 Section 3.2.4(b) and ensure that there are no obstructions located within the required sight triangles.

(9) 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.

(10) 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 2.12 ETs for water supply headworks and 4.20 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.

(11) 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 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.

The maximum discharge to the kerb and gutter shall be no greater than 20L/sec in a 10% AEP storm event.

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

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

(13) 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.

(14) Prior to the issue of a Construction Certificate, an acoustic report is to be submitted to the Principal Certifying Authority and to Council confirming the type and location of any proposed mechanical plant to be installed. The report shall confirm that the Leq15min noise level emitted from the cumulative noise impact of children playing indoors, mechanical plant, and traffic on the site will not exceed the background noise by more than 5dB(A) at the assessment location. Where mitigation measures are required in order to achieve this noise goal, details of these measures are to be provided within the report.

PRIOR TO WORKS COMMENCING

(15) Where existing fencing on the side and rear boundaries of the site adjoining dwellings needs to be removed, or is of a type which does not ensure the occupants adequate privacy, new fencing of the type shown on the approved development application plans, or as referred to elsewhere in this Notice, shall be erected prior to any building or construction work being carried out upon this development.

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

(17) 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.

(18) 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.

DURING CONSTRUCTION/SITEWORKS

(19) 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.

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

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

(22) 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.

(23) 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.

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

(25) A 6.0m wide heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed in the position shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code and Road Opening Permit.

(26) The existing kerb and gutter layback and concrete path 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.

(27) A 1.2m wide concrete pathway shall be constructed for the full frontage of the development. The footpath shall be constructed to the alignment and standards stated in the Orange City Council Development and Subdivision Code.

(28) 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.

(29) 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.

(30) 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 licensed landfill in accordance with the requirements of the NSW EPA.

(31) The premises must be maintained in a condition which minimises or prevents the emission of dust from the premises.

(32) 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.

(33) A formal waste classification assessment is to be undertaken on any soil to be removed from the site in accordance with the NSW Environment Protection Authority Waste Classification Guidelines 2014.

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

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

(36) The Magnolia CV shall be transplanted in accordance with the approved landscape plan. Transplanting works shall be undertaken by a qualified arborist.

(37) Car parking 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.

(38) 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.

(39) 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.

(40) 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.

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

(42) 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.

(43) 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.

(44) 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.

(45) The food business is to be registered with Orange City Council prior to the issue of an Occupation Certificate.

(46) The applicant shall install a boundary fence to a height of 1.8m from ground level along the northern, eastern, and southern boundaries of the outdoor play area. The fence must be free of gaps between panels and between the fence and the ground in order to provide effective noise attenuation.

(47) The applicant shall provide Council with a Noise Management Plan (NMP) in accordance with the Association of Australian Acoustical Consultants Technical Guideline – Childcare Centre Noise Assessment (version 3) for approval by Council’s Manager of Development Assessment, detailing how the childcare centre will manage noise from children, vehicles on site and drop off/collections. The NMP must demonstrate how operational noise (including noise from plant; parents and children entering/leaving the site; waste collection, deliveries and general access is to be managed. The NMP must detail how acoustic restrictions will be enforced as part of the development. The NMP approved under this Condition is to be complied with at all times. Any proposed amendments to the NMP are to be notified to and approved by Orange City Council.

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

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(49) An acoustic commissioning report shall be prepared within 3 months of occupation of the child care facility. The commissioning report shall demonstrate noise emission compliance with the Association of Australasian Acoustic Consultants ‘Guideline for Child Care Centre Acoustic Assessment’ Version 3.0 (September 2020). The commissioning report shall be provided to Council.

(50) The child care facility shall have maximum capacity of 52 children.

(51) Hours of operation of the child care facility shall be between the hours of 7.00am and 6.00pm, Monday to Friday. All activities associated with the facility, including clearing and maintenance shall occur within the prescribed time.

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

(53) 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.

(54) Waste pickup from the site shall be in accordance with an approved private service agreement for the proposed development. Kerbside placement of bins in Kearneys Drive is not permitted.

(55) Advertising content to the approved pylon sign shall comprise business or building identification only. Illumination of the pylon sign is not permitted.

(56) Further consent shall be obtained for additional signage that is not exempt development, pursuant to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(57) 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.

(58) Any ancillary light fittings fitted to the exterior of the building are to be shielded or mounted in a position to minimise glare to adjoining properties.

(59) Use of the outdoor play area is restricted to no more than 4 hours per day, that being 2 hours in the morning and 2 hours in the afternoon. The Leq 15minute noise level emitted from the outdoor play area shall not exceed the background noise level by more than 10dB at the assessment location.

(60) The transplanted Magnolia shall be maintained in good health to the satisfaction of the Manager, City Presentation.

ADVISORY NOTES

(1) The proponent shall liaise with the adjoining property owner to the east at 175 Clinton Street in relation to fencing on the common boundary with the development site (construction timing, form, height and colour).

(2) Should the transplanting of the Magnolia CV be unsuccessful, modification of the development consent will be required.

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:	15 June 2021

Council Meeting 15 June 2021

5.5 Development Application DA 42/2021(1) - 64 Valencia Drive

RECORD NUMBER: 2021/1248

AUTHOR: Summer Commins, Senior Planner

EXECUTIVE Summary

Application lodged	10 February 2021
Applicant/s	In House Town Planning
Owner/s	T.O.T Nominees Pty Ltd
Land description	Lot 2 DP 1202010 - 64 Valencia Drive, Orange
Proposed land use	Demolition (existing structures) and Centre-based Child Care Facility
Value of proposed development	$1,048,500.00

Council's consent is sought for development of land at 64 Valencia Drive, Orange, for a centre-based child care facility.

The proposal involves demolition of existing improvements on the land, and construction of a purpose-built child care facility and associated site works. The proposed facility will provide 98 child care places for children aged between 0-5 years.

Notable planning matters considered in the following assessment include:

· The environmental risks associated with partial flood liability of the subject land.

· The suitability of the building design and detailing in the residential streetscape.

· The proposal’s compliance with the Child Care Planning Guideline (Department of Planning 2017).

· The impacts of traffic generation on the local road network and neighbourhood character.

The proposal comprises advertised development in accordance with Council’s Community Participation Plan 2019. At the completion of the exhibition period, three (3) submissions were received. The issues raised in the public submissions generally relate to the impacts of the proposal on neighbourhood amenity (traffic, noise and character).

As outlined in this report, the proposal is considered to reasonably satisfy the Local and State planning controls that apply to the subject land and particular landuse. 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 application for a 98 place childcare centre involves the demolition of an existing house and pool and the construction of a purpose built facility. A childcare facility is permissible in the R2 zone applying to the land. The land adjoins an existing church to the north and a house to the south. 3 submissions were received.

This report highlights that an acoustic report indicates a very slight exceedance of noise emissions from vehicles (mainly from closing doors) to houses opposite the site (not adjacent). This is a conservative estimate by the proponent. Notwithstanding this, a condition requiring a noise commissioning report to confirm compliance within 3 months of occupation will confirm exactly onsite noises and require amelioration at that time should there be any exceedances, therefore protecting the nearby residences. The proposal is considered acceptable and the recommendation of approval is supported.

Link To Delivery/OPerational Plan

Financial Implications

Nil

POLICY/GOVERNANCE IMPLICATIONS

Nil

Recommendation

That Council consents to development application DA 42/2021(1) for Demolition (existing structures) and Centre-based Child Care Facility at Lot 2 DP 1202010 - 64 Valencia Drive, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE PROPOSAL

Council’s consent is sought for development of land at 64 Valencia Drive for a centre-based child facility.

The proposal involves demolition, new construction and site works as outlined below. The proposed child care facility will provide 98 long day child care places for children aged between 0-5 years. The facility will operate between the hours of 6.30am and 6.30pm Monday to Friday.

Demolition

The proposal involves demolition of the following improvements on the subject land:

· Brick and tile dwelling house circa 1990.

· Brick garage.

· In-ground swimming pool and paved area.

· Concrete driveway and apron.

· Brick front fence.

· Two (2) trees.

Figure 2 – existing improvements to be removed/demolished

Construction

A purpose-built child care facility will be constructed on the cleared parcel. The proposed building will comprise a single-storey structure of modern domestic design and scale.

The building will have a footprint of some 20.6m wide x 38m deep, and a total floor area of 659.6m². The building will have frontage to Valencia Drive and be set back a minimum 15m from the front boundary.

Construction materials will comprise concrete slab on ground, face brick external walls, Colorbond roof sheeting and aluminium-framed openings. The proposed building will contain:

· Entry foyer with reception area, office and staff room.

· Eight (8) age group-specific playrooms with adjacent bathrooms, stores and sleeping rooms.

· Kitchen, laundry and store rooms.

The proposed building is depicted below (see Figures 3 and 4).

Figure 3 – proposed floor plan

Figure 4– proposed front (west) elevation

Site Works

The proposal involves various site works including:

· Construction of two footpath crossing and driveways via Valencia Drive.

· Construction of an at-grade car park at the site frontage, containing 28 car parking spaces (standard and accessible).

· External playground at the side (north) and rear (east) of the building.

· Site landscaping to the frontage, car park perimeter, footpath and playground.

The proposed site layout is depicted below (see Figure 5).

Figure 5 – proposed site layout

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:

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 proposal involves removal of two trees from the subject land. The trees to be removed do not form part of the Blakely’s Box Gum Grassy Woodland; and clearing thresholds prescribed by regulation will not be exceeded (0.25ha).

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 Orange LEP 2011 relevant to the proposal include:

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

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

It is considered that the proposed development will not be adverse to the above-listed Aims.

Clause 1.6 Consent Authority

Clause 1.6 is applicable and states:

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

Clause 1.7 Mapping

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

Land Zoning Map:	Land zoned R2 Low Density Residential
Lot Size Map:	Minimum Lot Size 2000m²
Heritage Map:	Not a heritage item or conservation area
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	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:

(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 R2 Low Density Residential.

The proposal is defined as demolition and 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 R2 General Residential zone are:

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

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

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

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

The proposed development is consistent with the relevant objectives of the R2 zone. The proposal does not involve residential landuse. The proposal will provide a long-day child care service that will be utilised by local and wider residents. Centre-based child care facilities are a permitted and complementary landuse in the R2 zone. The subject residential precinct is serviced by public transport. The land does not have frontage or access to the Southern Link Road.

Clause 2.7 Demolition Requires Development Consent

Pursuant to Clause 2.7:

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

Consent is sought for demolition of existing improvements on the land in accordance with this clause.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

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

Part 5 - Miscellaneous Provisions

The Miscellaneous Provisions do not apply to the application.

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 7.2 Flood Planning

Clause 7.2 is applicable and states in part:

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

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

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

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

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

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

In consideration of this clause, the development site is partly subject to flooding from overland flows, associated with the detention basin on the public reserve two parcels to the north (see Figure 6).

Figure 6 – flooding from overland flows shown blue hatching

The flood liable land relates to the north-eastern corner of the playground area. The proponent advises that this part of the site will comprise landscaped open space or vegetable garden. No structures will be erected within the flood planning area and existing natural ground levels will not be altered.

Council’s Assistant Development Engineer (ADE) raised no objection to the use of the flood liable portion of the site for landscaping and vegetable garden. Notwithstanding, the flood planning area should be quarantined from the main playground. ADE has included Conditions requiring a child resistant barrier / fence be erected and maintained around the flood prone area.

Use of the flood planning area for landscaping and vegetable garden is considered to be compatible with the flood hazard of the land. Flood behaviour will not be affected as no structures are proposed within this area. Conditional fencing around the flood prone area will be a suitable measure to manage flood risks for users of the facility. The development will not adversely impact on the natural environment in terms of erosion, siltation, vegetation destruction or watercourse stability. Social and economic costs will be nil. The proposal will not be contrary to any matter in Clause 7.2.

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

The proposed development may be designed to satisfy the requirements of Clause 7.3. Conditions are included to achieve compliance.

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.

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) stormwater drainage or onsite conservation,

(e) suitable road access.

In consideration of this clause, the listed utility services are available to the site and adequate for the proposed development.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 Remediation of Land

SEPP 55 Remediation of Land 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.

(4) The land concerned is:

(c) 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:

(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 change of use of the subject land from residential to child care purposes. Pursuant to Clauses 2 and 4 above, a Preliminary Contamination Investigation was submitted in support of the proposal (Envirowest Consulting 22/12/2020).

The Investigation found:

Council’s Environmental Health Officer advises as follows in relation to the contamination status of the subject land:

‘While the preliminary contamination report found no elevated contaminants on the site, testing was not possible beneath existing structures. A condition is included allowing for the unearthing of expected contamination sources.’

Based on the foregoing, assessment staff are satisfied that the subject land will be suitable for use as a child care facility from a contamination perspective. A Condition is included requiring implementation of an ‘unexpected finds’ procedure during demolition 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 of 318.5m² is required (based on 3.25m² x 98 children). Floor space of 337.48m² will be provided over 8 learning rooms.

· Outdoor unencumbered floor space of 686m² is required (based on 7m² x 98 children). The playground area to the north and east of the building will comprise 1,368m². The flood liable land in the north east corner of the playground comprises 220m² and is encumbered land as the space is not suitable for children (Education and Care Services Regulations 2011 Section 108(3)(d)). As such, outdoor unencumbered floor space will comprise 1,148m².

· Indoor and outdoor unencumbered floor space will comply with the prescribed regulations. Notice to and 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 provisions of the Child Care Planning Guideline (Department of Planning and Environment 2017) are considered in the following assessment pursuant to Clause 23.

CHILD CARE PLANNING GUIDELINE

Part 2 - Design Quality Principles

Principle 1 - Context

· The proposed building will relate to the developing neighbourhood built form in terms of design, detailing, siting, height and massing.

· The development site is accessible to public transport.

· The site is well-located to attract facility users in surrounding residential neighbourhoods.

· The facility will complement the non-residential (place of worship) use on the adjoining parcel to the north.

Principle 2 - Built Form

· The finished levels for the proposed building will relate to existing natural ground level; and finished levels for adjoining dwellings.

· The building design and detailing will relate to domestic architectural forms within the developing neighbourhood (roof profile, wall height, window fenestration, external finishes), subject to Conditional minor amendments as outlined in the following sections of this report.

· The proposed building will be single-storey, consistent with adjoining improvements.

· Building massing will relate to substantial footprints for lots in this streetscape.

· A street setback of minimum 15m will suitably integrate with the streetscape building line formed by the dwelling to the south, and place of worship to the north.

· Car parking in the front setback will be screened by new landscaping including five trees. The carpark location will provide for efficient use of the site. Car parking in the front setback is typical for other child care facilities in residential neighbourhoods in the City.

Principle 3 - Adaptive Learning Spaces

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

· Outdoor play spaces will be immediately adjacent and accessible via indoor play rooms.

· Age-specific internal playrooms will be provided to cater for various ages and abilities.

· Indoor and outdoor play spaces will provide various settings and facilities for interaction.

Principle 4 - Sustainability

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

Principle 5 - Landscape

· Landscaping to the Valencia Drive frontage will provide site beautification and integration of the development in the public realm and streetscape.

· The proposed landscape design will complement private landscaping in the established residential neighbourhood.

· A variety of hard and soft landscaping elements will be provided in outdoor play spaces.

· Council’s Manager City Presentation supports the proposed landscape design concept for the site.

Principle 6 - Amenity

· The proposed child care centre will provide a high standard of amenity for users.

· Learning spaces will be efficient and functional, with direct access to bathrooms, sleep rooms, stores and service areas.

· Indoor playrooms will provide ideal learning and play environments, with generous natural light, ventilation and outlook.

· Outdoor play spaces will be immediately adjacent and accessible via indoor playrooms.

· The proposed child care facility will not unreasonably impact on residential amenity for adjoining dwellings in Valencia Drive (as outlined in the following sections of this report).

Principle 7 - Safety

· The building design and site works will satisfy the principles of Crime Prevention through Environmental 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.

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

An Acoustic Assessment was submitted in support of the proposal (GHD dated January 2021). The Assessment provides the following conclusions:

· ‘The proposal is expected to exceed the established noise criteria at three receivers for drop off/pick up activities. The noise impact is considered low risk due to the time and duration of activities.

· The proposal is expected to comply with the established criteria … for children playing outside.

· The proposal will comply with the Noise Policy for Industry (EPA 2017) sleep disturbance screening criteria…

· Road noise generated by the proposal and the associated additional traffic noise is expected to comply with established criteria.

· Noise impact from existing ambient noise sources is expected to comply with established criteria for the external play areas…

· Based on the proposed construction of the building… internal noise levels will be below the established criteria…

· Mitigation measures should be considered and implemented [in relation to operational/management measures].

Council’s Environmental Health Officer has reviewed the submitted Acoustic Assessment, and concurs with the findings and recommendations. Conditions are included in relation to preparation and implementation of a Noise Management Plan to formalise the suggested management mitigation measures; and an assessment of mechanical plant at Construction Certificate stage.

Privacy

The proposed site layout and building design will not adversely impact on visual privacy for the opposing dwelling to the south at 62 Valencia Drive:

· Finished floor and ground levels will be relate to existing natural ground level and thereby minimise overlooking from the development site to adjoining dwelling.

· Existing 1.8m high solid perimeter fencing will be maintained on side and rear boundaries.

· Openings on the south façade will comprise non-active spaces (staff and support areas), excepting Play Room 8. The Play Room will include two windows on the south elevation. The openings will be well-removed from the adjoining southern dwelling (some 15m) and perimeter fencing will prevent overlooking.

· The outdoor playground will be oriented to the north (side) and east (rear) of the proposed building. The northern play space will oppose the vehicle areas for the place of worship at 68 Valencia Drive, and will not present any privacy impacts. The eastern play space will adjoin a metal shed at 62 Valencia Drive and provide a visual and physical buffer between the play space and private open space.

The proposed child care facility will be suitably removed from other dwellings nearby the site as to maintain visual privacy.

Odour

A screened waste storage area will be located on the on the southern site boundary, nearby to the kitchen and laundry (for disposal) and carpark (for collection). The waste storage area will be located some 9m from the opposing dwelling at 62 Valencia Drive. This is considered a reasonable setback to avoid odour impacts.

Conditions are included in relation to waste management (frequency of collection, clean and tidy waste storage area, all waste be contained within bins at all times) to prevent odour emissions.

Figure 7 – proposed waste storage area

Lighting

Traffic Matters

Access

The proposed development will contain two driveways via Valencia Drive, with one-way circulation through the site. The northern driveway will provide site entry, with egress via the southern driveway. Conditions are included requiring carpark entry/exit signs and pavement arrows to regulate vehicle movements through the site. Driveway widths and sight distances along Valencia Drive will satisfy AS2890.1.

Car Parking

Pursuant to DCP 2004, onsite parking is required for child care centres at a rate of one space for every four children in attendance. Based on 98 proposed child care places, 25 onsite car parking spaces are required for the proposed development. Twenty-eight (28) car spaces will be provided, in compliance with the DCP.

The proposed carpark design will comply with AS 2890.1 as demonstrated in the submitted Traffic Impact Assessment with Car Park Certification (AUSWIDE Consulting January 2021) (see Figure 8).

Figure 8 – Car Park Certification Summary Table, AUSWIDE Consulting, January 2021

Traffic Generation

Pursuant to the RMS Guide to Traffic Generating Development (2002), peak vehicle trips for the proposed child care facility will be as follows:

· 7am – 9am: 0.5 trips / child ie. 0.5 x 98 = 49 trips

· 2.30pm – 4pm: 0.2 trips / child ie. 0.2 x 98 =19.6 trips

· 4pm – 6pm: 0.7 trips / child ie. 0.7 x 98 = 68.6 trips

The submitted Traffic Impact Assessment (AUSWIDE Consulting January 2021) provides as follows in relation to traffic generation:

‘It is evident that the vehicle traffic generation of the proposed site is considerably low. It is expected that the vehicular traffic generated by the site will distribute access the road network in the vicinity. It was perceived that these rates are in fact negligible and are not anticipated to generate any significant adverse impacts on the local road network. The additional trips can be accommodated at the nearby intersections without affecting intersection performance or increasing delays and queues.

Council’s Assistant Development Engineer concurs that the anticipated traffic volume increase is well-within the existing road capacity. The existing road network has sufficient capacity to cater for the identified AM and PM traffic peaks.

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

Surrounding landuses comprise dwelling houses and a place of public worship. A child care facility is a permitted and complementary landuse in the zone.

As considered above, the development site is partly subject to flood inundation associated with overland flows. Conditions are included to mitigate and manage arising impacts. The land is not subject to other environmental risks such as landslip or bushfire. The site is considered suitable for child care use from a contamination perspective.

The lot size, configuration, dimensions and frontage will be suitable for a centre-based child care facility. As outlined above, indoor and outdoor unencumbered floor spaces will be provided in compliance with Regulation. Proposed onsite and existing local traffic arrangements will be suitable.

The development site has shared boundaries with a dwelling house to the south at 62 Valencia Drive. The interface between the development and adjoining dwelling is considered satisfactory as outlined in this report. 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 site is well-located to attract facility users in surrounding residential neighbourhoods.

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 impacts prescribed in the Guideline.

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.

As considered in the foregoing assessment, the proposed building design and detailing will generally relate to domestic architectural forms within the developing neighbourhood.

A colour schedule was submitted in support of the proposal. The building will take a grey colour pallet, with white trims and lime green decorative elements (see Figure below). While the colours provide a point of difference for the non-residential landuse in the residential streetscape, they are considered to reflect commercial detailing rather than residential. Furthermore, they will not complement the prevailing colours in the neighbourhood. A condition is included requiring submission of a revised schedule of colours and finishes that will complement adjoining improvements.

The front (west) façade to Valencia Drive will contain entry door; one window; decorative matrix cladding; and privacy wall to playground with vertical openings (see Figure 9 below).

Figure 9 – front façade to Valencia Drive

It is considered that limited active articulation to the street frontage does not complement the residential appearance of adjoining improvements. A Condition is included requiring additional openings be provided in the front building façade, with details to be included in the Construction Certificate drawings. It is noted that the proponent was requested to amend the building design in this regard. Amendments were not submitted, however an agreement to Conditional amendments was given.

Consent is not sought for business identification signage. A notation is included on the site plan and indicative wordmark shown on the elevation drawings. A condition is included that further development consent be obtained for signage that is not exempt development.

Landscaping to the Valencia Drive frontage will screen the car park and provide site beautification. Plantings will complement private plantings in the front setbacks for adjoining dwellings.

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

Landscaping at the site frontage will establish a transition between public and private spaces. The building will address Valencia Drive for passive surveillance and connectivity with the public domain. Additional Conditional openings to the front façade (as outlined above) will improve opportunities for surveillance.

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 proposal does not involve a front fence to Valencia Drive, consistent with open front setbacks in this streetscape.

A privacy fence will be erected at the front building alignment to enclose and screen the outdoor playground. As noted in the site plan, the subject fence will comprise 1.8m high Colorbond panels and gates.

Figure 10 – proposed fence to enclose playground

It is considered that the style of fencing will have adverse visual impacts on the streetscape presentation of the site. A Condition is included requiring alternative fencing materials (lapped and capped timber palings or brick piers with infill timber pickets or smooth wall panels etc.), noting that solid fencing 1.8m high is required to achieve acoustic targets.

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 privacy for the adjoining dwelling to the south at 62 Valencia Drive (with reference to fencing, landscaping, interface with opposing landuses and finished surface levels).

The proposed internal playrooms will have openings to the north and east for daylighting and solar access, albeit that play rooms 1-4 will open onto a covered verandah. The outdoor playground will have access to northern sunlight. Internal and external solar access will be provided to the adjoining southern dwelling in accordance with the requirements of DCP 2004.

The proposed development will not necessitate excavation or site filling. The proposed building will address Valencia Drive.

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 building will be single-storey and of consistent height with adjoining improvements in Valencia Drive. Building massing will relate to substantial footprints/site coverage for other dwellings in this streetscape. A street setback of minimum 15m will suitably integrate with the streetscape building line formed by the dwelling to the south, and place of worship to the north.

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

As considered above, the proposed front setback to Valencia Drive will be suitable. Car parking in the front setback is typical for other child care facilities in residential neighbourhoods in the City.

DCP 2004-7.7-4 prescribes a 50m setback from the Northern Distributor Road (NDR) centreline in Ploughmans Valley, for visual and acoustic suitability of the built form. The rear building façade of the proposed facility will be sited some 58m from the NDR centreline in compliance with the DCP.

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.

As considered in the foregoing assessment, the proposed building design and detailing will reasonably relate to the domestic architectural forms within the developing neighbourhood, subject to minor Conditional amendments.

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

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

Accessible design will be achieved via accessibility to and within the facility; ramped pathways to key areas; and continuous paths of travel to and within the building.

3.4 - Landscaping

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

The proposed development is supported by a landscape design concept that involves retention of trees at rear boundary; five trees at the site frontage; two new street trees; and plantings to the car park perimeter. Council’s Manager City Presentation supports the proposed landscape design concept for the site, subject to Conditional substitution of five species unsuitable to the Orange climate.

3.5 - Visual and Acoustic Privacy

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

Overlooking of indoor and outdoor play spaces from the public domain will be nil. The outdoor play space will be enclosed on the side, rear and car park boundaries by 1.8m high fencing. Fencing will be suitable to provide privacy and security to this space. Openings in the playrooms will overlook outdoor play spaces and will not address Valencia Drive.

Objective: To minimise impacts on privacy of adjoining properties.

As outlined previously, the development will provide acceptable privacy for the opposing dwelling to the south (with reference to boundary fencing, interface with opposing landuses and finished surface levels). The proposal will not result in privacy impacts for any other adjoining property.

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

As outlined in the foregoing sections of this report, noise emissions from the proposed child care facility will comply with relevant criteria subject to Conditional operational noise mitigation measures.

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.

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 major roads or industrial development. The NDR adjoins the development site to the rear. The annual average daily traffic volume of the NDR is less than 20,000 vehicles. The development will not be adversely impacted by road noise, vibration or air pollution.

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 6.30am to 6.30pm Monday to Friday. The hours are considered suitable in this setting, and consistent with operating hours for other child care facilities in residential areas in the City. A Condition is included to formalise hours of operation.

3.8 - Traffic, Parking and Pedestrian Circulation

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

As considered in the foregoing assessment, 28 car spaces will be provided for the proposed child care facility in compliance with controls in DCP 2004. Car park design will be consistent with AS 2890.1.

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

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 park layout that will allow vehicles to enter and exit the site in a forward direction.

· Provision of an accessible parking space with shared zone.

· Concrete footpath to the site frontage on Valencia Drive, as required by Condition.

· Pedestrian footpath from the site frontage to building entrance.

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 included requiring submission of a schedule demonstrating compliance with the National Regulations on the Construction Certificate drawings.

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

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

SEPP (Vegetation in Non-Rural Areas) 2017 is applicable to the proposal.

Pursuant to Clause 7(1):

A person must not clear vegetation in any non-rural area of the State… without the authority conferred by a permit granted by the council…

Clause 9(2) further requires that:

A development control plan may make the declaration in any manner, including by reference to any of the following:

(a) the species of vegetation,

(b) the size of vegetation,

(c) the location of vegetation (including by reference to any vegetation in an area shown on a map or in any specified zone),

(d) the presence of vegetation in an ecological community or in the habitat of a threatened species.

In consideration of the requirements of the SEPP, the proposal involves removal of a two trees over the site (see Figure 11).

Figure 11 – part site plan- trees to be removed

Pursuant to DCP 2004-0.4-2 Interim Planning Outcomes- Tree Preservation, Council’s approval is required for removal of trees of a certain prescribed species and size. The subject trees are not subject to Tree Preservation Order. No objection is raised to tree removal. Replacement planting will be undertaken at the site frontage in accordance with the submitted landscape plan.

State Environmental Planning Policy (Infrastructure) 2017

Division 5 Electricity transmission or distribution

Clause 45 Determination of development applications – other development

Clause 45 is applicable and states in part:

(1) This clause applies to a development application (or an application for modification of a consent) for development comprising or involving any of the following—

(b) development carried out—

(i) within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

(ii) immediately adjacent to an electricity substation, or

(iii) within 5m of an exposed overhead electricity power line,

(2) Before determining a development application (or an application for modification of a consent) for development to which this clause applies, the consent authority must—

(a) give written notice to the electricity supply authority for the area in which the development is to be carried out, inviting comments about potential safety risks, and

(b) take into consideration any response to the notice that is received within 21 days after the notice is given.

An easement for overhead powerlines 15m wide and variable width traverses the northern boundary of the subject land (see Figure 12).

Figure 12 – site survey; easement for overhead powerlines noted (E)

The proposal was referred to TransGrid and Essential Energy for consideration and comment.

TransGrid advised: ‘the proposal does not impact TransGrid’s infrastructure, and no assessment is required.’

Essential Energy provided the following comments as to the potential safety risks arising from the proposed development:

· ‘The carpark is located within the easement. If ground levels are changing, then the power-line ground clearances need to be confirmed and must meet clearance requirements.

· Any vegetation within the easement must not grow over 4.0 metres in height.

· The existing low voltage cable must be in conduit (under the driveway).

· Excavation works over the cable must not decrease the required cover on the cable without seeking advice from Essential Energy (additional works may be required).

The requirements of Essential Energy are included on the attached Notice of Approval.

Division 17 Roads and Traffic

Clause 101 Development with frontage to a classified road

Clause 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.

The subject land has frontage to the NDR. All access to the development site will be via Valencia Drive. The proposed child care facility will have nil impact on the safety, efficiency and ongoing operation of the NDR. A centre-based child care facility could be sensitive to traffic noise or vehicle emissions. Notwithstanding, the NDR is subject to less than 20,000 vehicle movements per day, being the trigger at which amelioration measures would be required.

Clause 102 Impact of road noise or vibration on non-road development

Clause 102 is applicable and states in part:

(1) This clause applies to development for any of the following purposes that is on land in or adjacent to the road corridor for a freeway, a tollway or a transitway or any other road with an annual average daily traffic volume of more than 20,000 vehicles (based on the traffic volume data published on the website of TfNSW) and that the consent authority considers is likely to be adversely affected by road noise or vibration—

(a) residential accommodation,

(b) a place of public worship,

(c) a hospital,

(d) an educational establishment or centre-based child care facility.

(2) Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Secretary for the purposes of this clause and published in the Gazette.

In consideration of this clause, the proposal involves a centre-based child care facility on land with frontage to the NDR. Council’s Transport Asset Engineer advises that the NDR has an annual average daily traffic volume of less than 20,000 vehicles. The noise and vibration amelioration controls contained in Development near Rail Corridors and Busy Roads – Interim Guideline (Department of Planning 2008) are not applicable to the proposal.

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 at 1521 Forest Road and has no effect for the proposed development.

Draft Orange Local Environmental Plan 2011 (Amendment 27)

State Environmental Planning Policy Draft Remediation of Land

Draft State Environmental Planning Policy Educational Establishments and Child Care Facilities

The subject land is zoned R2 Low Density Residential Zone. A centre based child-care facility is not located within 200m of the development site. The proposal will not be contrary to any matter contained in the Draft SEPP.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

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

Development Control Plan 2004

DCP 2004 - 0 Tree Preservation

The relevant matters in this part were considered in the foregoing assessment under SEPP (Vegetation in Non-Rural Areas) 2017.

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 – 4A Flood Affected Land

Part 4A identifies that the development site is partly subject to flooding associated with overland flows.

Educational establishments (including child care facilities) are included in the Commercial Land Use Category for the purpose of Flood Response Development Controls. The following Controls apply to Commercial Land Use:

Evacuation:

1. The development is to be consistent with any relevant flood evacuation strategy

Flood Affectation:

1. Engineers report required to certify that the development will not increase flood affection elsewhere.

2. Development shall not block the conveyance of flood waters across the floodway or overland flow.

Management and Design:

1. Application to demonstrate that area is available to store goods above the 1% AEP flood level plus 0.5m freeboard

2. No external storage of materials below the design floor level which may cause pollution of be potentially hazardous during any flood

In consideration of the above Controls:

· The proposed development will not be contrary to any flood evacuation strategy. Conditional fencing around the flood prone area will be a suitable measure to manage flood risks for users of the facility.

· The flood liable portion of the site will comprise landscaped open space or vegetable garden. No structures will be erected within the flood planning area and existing natural ground levels will not be altered. The development will not increase flood affectation elsewhere, nor block the conveyance of flood waters.

· No external storage will occur in the flood liable portion of the site.

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 – 7 Development in Residential Zones

The relevant matters in Part 7 were considered in the foregoing assessment under Child Care Planning Guideline

DCP 2004 – 15 Car Parking

The relevant matters in Part 15 were considered in the foregoing assessment under Child Care Planning Guideline.

DEVELOPMENT CONTRIBUTIONS

Section 64 Local Government Act 1993

Development contributions for water, sewer and drainage works are applicable to the proposed development.

The contributions are based on 4.88 net ETs for water supply headworks and 8.8 net ETs for sewerage headworks (when the ET credit for the existing dwelling house is applied). A Condition is included requiring payment of applicable headworks contributions.

Provisions Prescribed By The Regulations S4.15(1)(A)(Iv)

Demolition of a Building (clause 92)

The proposal involves demolition of existing improvements on the subject land. Conditions are included in relation to works consistent with applicable standards; and appropriate waste management.

Fire Safety Considerations (clause 93)

The proposal does not involve a change of building use for an existing building. The proposed building may be designed and constructed to satisfy the fire safety provisions contained in the BCA.

Buildings to be Upgraded (clause 94)

The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development. A Section J Energy Efficiency Statement will be required with the Construction Certificate application.

The Likely Impacts of the Development S4.15(1)(B)

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

· Setting and context

o public domain

o landuse

o interface

o presentation

· Visual impacts

o neighbourhood character

o streetscape presentation

o building design, detailing and siting

o landscape character

· Neighbourhood amenity

o acoustic privacy

o visual privacy

o visual bulk encroachment

o external lighting

o crime prevention

o odour emissions

· Traffic matters

o site access

o onsite manoeuvring

o car parking

o traffic generation

o network capacity

· Environmental impacts

o waste management

o sediment and erosion control

o biodiversity

o groundwater

o stormwater management

o tree removal

o cultural values

o contamination.

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

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

· Centre-based child care facilities are permitted on the subject land zoning.

· The site is of suitable area and dimensions to accommodate required indoor and outdoor unencumbered play space and onsite car parking.

· The site has direct frontage and access to Valencia Drive.

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

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

· There is no known contamination on the land.

· All utility services are available and adequate.

· The flood liable portion of the land may be quarantined from child care use.

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

· 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 proposed development is defined as "advertised development" pursuant to Council’s Community Participation Plan 2019. At the completion of the exhibition period, three submissions were received. The issues raised in the submissions are outlined below.

Valencia Drive is too narrow to accommodate traffic volumes with associated impacts for road and pedestrian safety; traffic generation will be unreasonable in the residential setting

Council’s Assistant Development Engineer advises that Valencia Drive has a width of 11.0m kerb to kerb, thereby providing two parking lanes and two way traffic flow. It is acknowledged that the residential street will be altered by traffic volumes associated with the proposed development. Notwithstanding, increased traffic volumes will be within the existing road capacity. Council’s Assistant Development Engineer and the proponent’s traffic consultant concur that road and pedestrian safety will not be adversely impacted.

The ambient noise levels in the neighbourhood will be increased

As outlined in this report, noise impacts associated with the child care facility will not exceed adopted criteria.

The child care facility will overlook private open spaces for adjoining dwellings

The proposal will not result in overlooking of nearby dwellings.

Traffic calming in Valencia Drive has not suitably slowed traffic

Traffic management measures/controls may be implemented as required in conjunction with Council’s Traffic Committee.

Public Interest S4.15(1)(e)

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

SUMMARY

It is considered that the impacts of the proposed centre-based child care facility will be within acceptable limit. The proposal is considered to be within the capacity of the site. Conditions are included to mitigate and manage arising impacts. 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

· Senior Planner – Development Assessment

· NSW Police Crime Prevention Officer

Attachments

1 Notice of Approval, D21/33645 ⇩

2 Plans, D21/33394 ⇩

3 Submissions, D21/33665 ⇩

Council Meeting 15 June 2021

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 42/2021(1)

NA21/387 Container PR26766

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	In House Town Planning
Applicant Address:	Attention Ms K Draper 16 Primrose Avenue SANDRINGHAM NSW 2219
Owner’s Name:	T.O.T. Nominees Pty Ltd
Land to Be Developed:	Lot 2 DP 1202010 - 64 Valencia Drive, Orange
Proposed Development:	Demolition (existing structures) and 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:	15 June 2021
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	16 June 2021
Consent to Lapse On:	16 June 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) To provide adequate public health and safety measures.

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

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

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

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

Conditions

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

(a) Drawings by Daniel Chapman. Sheet Nos. 1(C), 2(A), 3(A), 4(A), 5(A), 6(A), 7(A), (7 sheets)

Landscape Plan by Anna King Landscape Architects Pty Ltd, Drawing No L01 Rev A (1 sheet)

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

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

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

(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

(6) The following design amendments shall be provided on the Construction Certificate drawings to the satisfaction of Council’s Manager Development Assessment:

· At least two additional openings to the cot room on the front (west) elevation within the matrix cladding feature wall. Window fenestration shall take a vertical orientation with similar proportions to window W1.

· A neutral colour scheme compatible with the surrounding built environment.

· Fencing between the carpark and playground to comprise 1.8m high solid fencing in timber palings or brick pier with timber infills or smooth wall panels, etc. Colorbond panels are not suitable.

(7) An amended landscape plan shall be submitted for the approval of the Manager City Presentation. The amended plan shall remove the following species from the proposed planting schedule, and provide alternative species suitable to local climatic conditions:

· Lophostemon confertus

· Elaeocarpus reticulatus

· Saplum sebiferum

· Murraya paniculata

· Strelitiza reginae

· Anigozanthos hybrid

(8) 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.

(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) 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.

(11) 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 4.88 ETs for water supply headworks and 8.8 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.

(12) Prior to the issue of a Construction Certificate plans of the carpark shall be submitted to the Principal Certifying Authority for approval. The carpark plans shall 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. Stormwater shall be collected in stormwater pits located within the carpark and piped to the existing stormwater pit located within the stormwater easement in the NE rear corner of the allotment. All parking spaces and access aisle dimensions shall be in accordance with AS 2890.1 (Off-street car parking). ‘Entry’ and ‘Exit’ signage shall be installed on the property boundary facing Valencia Drive, ‘No Exit’ sign installed within the carpark adjacent to the carpark entry, and pavement arrows shall be installed to regulate traffic flow through the carpark.

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

(14) 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.

(15) Prior to the issue of a Construction Certificate the plans shall be amended to include the location and details of the child resistant barrier preventing access to the flood prone area of the playground including signage to warn of the risk of flooding.

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

(17) Prior to the issue of a Construction Certificate, an acoustic report is to be submitted to the Principal Certifying Authority and to Council confirming the type and location of any proposed mechanical plant to be installed. The report shall confirm that the Leq15min noise level emitted from the cumulative noise impact of children playing indoors, mechanical plant, and traffic on the site will not exceed the background noise by more than 5dB(A) at the assessment location. Where mitigation measures are required in order to achieve this noise goal, details of these measures are to be provided within the report.

PRIOR TO WORKS COMMENCING

(18) 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.

(19) 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.

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

DURING CONSTRUCTION/SITEWORKS

(21) 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.

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

(23) 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.

(24) 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.

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

(26) 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.

(27) Heavy-duty concrete kerb and gutter laybacks and footpath crossings are to be constructed for the entrances to the proposed development. The location and construction of the laybacks and footpath crossings are to be as required by the Orange City Council Development and Subdivision Code and Road Opening Permit.

(28) 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.

(29) A concrete footpath, a minimum of 1.2 metres wide, shall be constructed for the full frontage of the development in Valencia Drive.

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

(30) 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.

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

(32) All operations and activities occurring at the premises must be carried out in a manner that minimises or prevents the emission of dust from the premises.

(33) 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.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

(35) 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.

(36) 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.

(37) 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.

(38) 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.

(39) 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.

(40) 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.

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

(42) Prior to the issue of an Occupation Certificate the flood prone area of the playground shall be fenced off by a child resistant barrier complying with AS1926.1. Signage shall be installed on the gate and within the enclosed area warning of the risk of flooding.

(43) The food business is to be registered with Orange City Council prior to the issue of an Occupation Certificate.

(44) The applicant shall provide Council with a Noise Management Plan (NMP) in accordance with the Association of Australian Acoustical Consultants Technical Guideline – Childcare Centre Noise Assessment for approval by Council’s Manager of Development Assessment, detailing how the childcare centre will manage noise from children, vehicles on site and drop off/collections. The NMP must demonstrate how operational noise (including noise from plant; parents and children entering/leaving the site; waste collection, deliveries and general access is to be managed.

The NMP must detail how acoustic restrictions will be enforced as part of the development. The NMP approved under this Condition is to be complied with at all times. Any proposed amendments to the NMP are to be notified to and approved by Orange City Council.

(45) 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

(46) The child care facility shall have maximum capacity of 98 children.

(47) Hours of operation of the child care facility shall be between 6.30am and 6.30pm, Monday to Friday.

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

(49) Waste bins for the development shall be stored in the onsite bin store shown on the approved plans. The waste storage area shall be maintained in a clean and tidy state at all times. Waste shall be stored in bins at all times.

(50) Waste pickup from the site shall be in accordance with an approved private service agreement for the proposed development. Kerbside placement of bins in Valencia Drive is not permitted.

(51) Development consent is not granted for business identification signage. Further consent shall be obtained for signage that is not exempt development, pursuant to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(52) No structures shall be erected within the overland flow flooding area.

(53) The existing natural ground level shall not be altered within overland flow flooding area.

(54) Outdoor storage is not permitted within the overland flow flooding area.

(55) 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.

(56) The child resistant barrier and signage around the flood prone area of the playground shall be maintained in full working order.

(57) Any ancillary light fittings fitted to the exterior of the building are to be shielded or mounted in a position to minimise glare to adjoining properties.

(58) When the outdoor play area is used for more than 2 hours per day, the Leq,15min noise level emitted from the outdoor play area shall not exceed the background noise level by more than 5dB at the assessment location.

(59) When the outdoor play area is used for less than 2 hours per day, the Leq,15min noise level emitted from the outdoor play area shall not exceed the background noise level by more than 10dB at the assessment location.

REQUIREMENTS OF ESSENTIAL ENERGY

Particular conditions:

· The carpark is located within the easement. If ground levels are changing, the powerline ground clearances need to be confirmed and must meet clearance requirements.

· Any vegetation with in the easement must not grow over 4.0 metres in height.

· The existing low voltage cable must be in conduit (under the driveway).

· Excavation works over the cable must not decrease the required cover on the cable without seeking advice from Essential Energy (additional works may be required).

General conditions:

Essential Energy makes the following general comments:

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

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

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

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

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

Other Approvals

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

Nil

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

Nil

Right of Appeal

*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:	16 June 2021

Council Meeting 15 June 2021

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

RECORD NUMBER: 2021/1190

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, eight (8) 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.

Council at the Planning Development Committee meeting held on the 4 May 2021 deferred consideration of the application so as to allow further information to be submitted, including ‘a traffic feasibility study, acoustic report and a site inspection for an opportunity for redesign discussion with the applicant’. A site inspection was carried out on Friday, 28 May 2021 and was well attended by Councillors, Council staff and the applicant’s consultant. The applicant has submitted additional information addressing issues discussed in relation to acoustic privacy, solar access, and parking. Council staff are of the view that the amended information and plans address the key issues identified at the PDC meeting of 4 May 2021.

The proposed changes to the plans are summarised as follows:

· Increasing the number of car parking spaces by one (1) to a total number of eight (8) car parking spaces accessed by the laneway. The proposed parking spaces will also be ‘nose in parking only’ to minimise the potential impact on adjoining neighbour.

· Provision of a 3m x 3m splay on the North East corner of the site so as to allow for improved access into the laneway from Curran Street.

· The communal room on the ground floor has increased in size from 32m² to 43.2m². The increase in size allows for the inclusion of a new (1.5m x 700mm) window on the Northern side of the communal room for solar access.

· The open deck on the first Floor, directly above the communal room, has also been increased in size from 21m² to 33m².

· Redesign of the internal layout of Unit 14. The bedroom window (Unit 14) in the northern elevation on the first floor has been relocated to the western elevation.

· The redesign of Unit 14 results in a small bathroom window now being proposed in the northern elevation for Unit 14.

The applicant has worked closely with Council’s heritage consultant and staff during the assessment of the application so as to address key design issues and to ensure that the development was complimentary to the surrounding development.

The subject development comprised ‘advertised development’, pursuant to Council’s Community Participation Plan. Eleven (11) submissions were received at the close of the public notice and exhibition period. The amended plans were not re-notified to neighbours given that the proposed changes were considered by staff to be relatively minor and were made in direct response to address matters raised by the Council. Council staff have however been in direct contact with the property owners to the immediate north and west of the subject land regarding the amended plans. Matters discussed related to fencing, privacy, car parking and overall management issues for the facility. These matters have been further addressed in the body of this report.

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.

DIRECTOR’S COMMENT

This application pertains to alterations and additions to the existing flat building to make a 15 room boarding house with a Manager’s room. 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 Council’s refusal options.

The applicant has amended the design substantially throughout the assessment phase of the application. 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.

In accordance with the PDC resolution of the 4 May 2021, a site inspection was carried out on Friday, 28 May 2021 and was well attended by Councillors, staff and the applicant’s consultant. Staff are of the view that the amended plans address the key issues identified at the PDC meeting of 4 May 2021. I note that the applicant agreed to a condition to provide solid timber fencing on the northern neighbour’s boundary in lieu of providing an acoustic report. From experience with other developments such as boarding houses, medical clinics, and drive through food shops, a 1.8m solid fence for a carpark with 8 vehicles would adequately address noise emissions to the neighbour. I therefore accept the request that an acoustic report be not provided. The recommendation of Approval is supported.

Link To Delivery/OPerational Plan

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

SUPPORTING INFORMATION

THE PROPOSAL

The application is seeking consent for a change of use from residential units to a Boarding House and alterations and additions on land described as Lot E and F, DP 18925, being 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, eight (8) 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.

Council at the Planning Development Committee meeting held on 4 May 2021 deferred consideration of the application so as to allow further information to be submitted, including ‘a traffic feasibility study, acoustic report and a site inspection for an opportunity for redesign discussion with the applicant’. The applicant has since submitted a covering letter together with amended plans (see attached) addressing issues discussed in relation to acoustic privacy, solar access, and parking.

The proposed changes to the plans (see extract below) are summarised as follows:

· Provision of a 3m x 3m splay on the North East corner of the site so as to allow for improved access into the laneway from Curran Street.

· The open deck on the first Floor, directly above the communal room, has also been increased in size from 21m² to 33m².

· Redesign of the internal layout of Unit 14. The bedroom window (Unit 14) in the northern elevation on the first floor has been relocated to the western elevation.

· The redesign of Unit 14 results in a small bathroom window now being proposed in the northern elevation for Unit 14.

Figure 2 – changes to the ground floor plan

Figure 3 - changes to the first floor plan

Figure 4 - front elevation facing Curran Street

Figure 5 - changes to the western elevation

Figure 6 -changes to the northern elevation

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 land use 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,

(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.

1. 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).

2. Clause 2.3 - Zone Objectives

3. 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.

4. Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

5. Part 4 - Principal Development Standards

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

6. 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).

7. 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.

8. 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 from that originally proposed has changed the built form which makes it more compatible in terms of character with the surrounding heritage conservation area. The more recent changes to the common area are considered to be acceptable.

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 remains 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 – amended North elevation indicating the new window for the

Communal Room Ground Floor and new window for the First Floor

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.

9. Planning Officer’s concluding comments

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

11. 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.

12. Part 6 - Urban Release Area

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

13. Part 7 - Additional Local Provisions

14. 7.1 - Earthworks

15. 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).

16. 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.

17. 7.3 - Stormwater Management

18. 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

19. 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.

20. 7.6 - Groundwater Vulnerability

21. 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:

(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.

22. 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:

(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

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:

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		Although the area within the front setback has been reduced with the inclusion of one (1) additional car parking space, the area still has sufficient space for landscaping. The amended site plan has included additional landscaping in front of the car parking spaces to minimise the impact on Curran Street. The proposal is generally consistent with the streetscape.	Yes
29(2)(c)	Solar access: communal living room to receive three (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 mid-winter. The amended plans increased the size of the communal room from 32m² to 43.2m². The increase in size enables the inclusion of a new window on the Northern side (1.5m x 700mm). The communal living space now receives adequate levels of sunlight between the hours of 9am and 3pm. The applicant has submitted overshadowing diagrams which demonstrate that the communal room and the BBQ area receive an adequate level of direct sunlight. The amended plans have reduced the setback from Curran Street with the inclusion of the additional car parking space. There is still 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 which has been increased in size via amended plans. The communal room has increased from 32m²to 43.2m²) and a large open style communal/BBQ private open space area in compliance with the requirements of the SEPP. The communal/BBQ area has been reduced in size from 64m² to 54.2m² the reduction in size is a result of the communal room extension. 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 which has been increased in size via amended plans. The Managers room 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 one (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 Manager’s room. The proposal therefore requires eight (8) car parking spaces to be provided. The amended plans show the provision of eight (8) car parking spaces including one (1) disabled space which has an expanded shared zone. The amended site plans includes a driveway splay (3m x 3m) on the North East corner of the site for improved access into the laneway from Curran Street. The plans have also indicated that car parking spaces will be ‘nose in parking only’ to minimise the potential impact of headlights on the adjoining residents. The proposed development is therefore now fully compliant with this requirement of the SEPP.	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 (43.2m²) along with a communal BBQ area (54.2m²).	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 two (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. two (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)	One (1) bicycle space and one (1) motorcycle space required for every five (5) boarding rooms	2.8 (ie three (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 senior’s 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 three (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 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. The minor changes to the built form will have minimal impact on the building’s presentation to the street.

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

23. 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 are 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 (3) hours of direct sunlight between 9am and 3pm in mid-winter. As indicated previously the amended plans have now incorporated a north facing window for the communal room. The communal living space complies with the requirement of the SEPP. The design also 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.

It should also 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 amended plans in response to Council’s resolution now propose a change in the internal design of Unit 14. The internal change alters the positioning of the bedroom and bathroom which has resulted in a change to the window design in the northern and western elevations for this unit. The original plans showed a large bedroom window in the northern elevation which has since been deleted and replaced with a smaller bathroom window. A new bedroom window is now proposed in the western elevation for Unit 14. It is expected that there would be no impact on adjoining neighbours given the size of the windows, limited use of these rooms and the physical separation of the bedroom window to the adjoining property to the West. However the applicant has indicated that they are prepared to attach a privacy screen to the west facing bedroom window within Unit 14 in order to further alleviate privacy concerns from the neighbour to the west. Attached is a condition addressing this matter.

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 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 hardwood lapped and capped fence along the Southern boundary of 7 Curran Street will minimise the potential impact of the development on the existing residents. Attached is a condition to this effect. Council’s Director of Development Services has advised that the provision of a fence along the boundary will ensure compliance with the NSW Noise Policy for Industry. The provision of an additional acoustic report is not considered necessary in this context.

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 onsite 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 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 the 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 Manager’s room and will therefore generate a demand for eight (8) car parking spaces to be provided. The amended plans show the provision of eight (8) car parking spaces, including one (1) disabled space which has an expanded shared zone.

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 (3 months and above) for people who may only need to reside in the area for a short period of time.

The re-development of the site will also 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.

The proposed development is now considered to be fully compliant with this requirement of the SEPP. Council’s Technical Services Director has advised that additional traffic analysis of the proposal is not required given that the development is now in compliance with the requirements of the SEPP.

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 Manager’s, 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.

24. 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.

25. 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 @ $1,758.35	15,825.15
Community and Cultural	Nine additional one (1) bedroom boarding rooms @ $509.92	4,589.28
Roads and Traffic Management	Nine additional one (1) bedroom boarding rooms @ $2,589.30	23,303.70
Plan Preparation and Administration	Nine additional one (1) bedroom boarding rooms @ $137.69	1,239.21
TOTAL:		$44,957.34

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. The development complies with the design requirements of the SEPP (Affordable Rental Housing) 2009. 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 – amended 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 one (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 the 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.
Issue	Comment
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.
Issue	Comment
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.