Agenda of Planning and Development Committee

Planning and Development Committee 1 June 2021

2.1 Items Approved Under the Delegated Authority of Council

RECORD NUMBER: 2021/919

AUTHOR: Paul Johnston, Manager Development Assessments

EXECUTIVE Summary

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

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “7.1 Preserve - Engage with the community to develop plans for growth and development that value the local environment”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

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

further considerations

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

Reference:	DA 160/2011(2)	Determination Date:	28 April 2021
PR Number	PR20684
Applicant/s:	Mr R J Picken and Mrs L M Cunial
Owner/s:	Mr R J Picken and Mrs L M Cunial
Location:	Lot 17 DP 1086394 - 428 Summer Street, Orange
Proposal:	Modification of development consent - dual occupancy and detached garage. The modified proposal is for the deletion of a condition. The applicant has requested that the condition be deleted on the basis that the applicant agrees to pay the Section 7.11 contributions and Section 64 headwork charges that would apply to a dual occupancy of this type.
Value:	N/A

Reference:	DA 187/2012(3)	Determination Date:	10 May 2021
PR Number	PR26380
Applicant/s:	R Hardman and Son Pty Limited
Owner/s:	R Hardman and Son Pty Limited
Location:	Lot 100 DP 1257358 - 141-147 Peisley Street, Orange
Proposal:	Modification of development consent - hotel (alterations and additions to existing building). The modified proposal involved reconfigured internal spaces at ground and first floor level; minor alterations to the building elevations to suit; and rearranged onsite car parking.
Value:	N/A

Reference:	DA 218/2015(3)	Determination Date:	14 May 2021
PR Number	PR26862
Applicant/s:	118 Lysterfield Pty Ltd
Owner/s:	Roy Mammone Developments Pty Ltd
Location:	Lot 100 DP 1204145 - 118 Lysterfield Road Orange
Proposal:	Modification of development consent - subdivision (201 lot residential) and demolition (existing dwelling and shed). The modified proposal sought to increase lot yield by four lots to total 201 residential lots (previously 197 lots) and vary the lot typology by reducing the size of a number of allotments, in conflict with the Minimum Lot Size map of the LEP.
Value:	N/A

Reference:	DA 305/2016(2)	Determination Date:	6 May 2021
PR Number	PR12742
Applicant/s:	Byng Administration Services Pty Ltd
Owner/s:	Byng Administration Services Pty Ltd
Location:	Lots 90 and 100 DP 750401 - 168 and 172 Shiralee Road, Orange
Proposal:	Modification of development consent - subdivision (18 lot residential). The modified proposal sought the following: · The number of approved lots be increased by one (17 to 18). · Approved Lots 5, 6 and 7 be reconfigured. · The applicant also sought a variation to the minimum lot size (development standard) for Lot 5. The approved Lot 5 had an area of 6,635m2 whereas this application sought to reduce the lot size to 5,877m2 (a variation of 34.7% compared to 27%). The reduction in the size of Lot 5 is caused by the transfer of land from its southern section to create proposed Lots 6 and 7.
Value:	N/A

Reference:	DA 427/2019(2)	Determination Date:	4 May 2021
PR Number	PR27304
Applicant/s:	Mr A Grant
Owner/s:	Mrs F Grant
Location:	Lot 413 DP 1218556 - 25 Hughes Street, Orange
Proposal:	Modification of development consent - demolition (tree removal), earthworks, subdivision (four lot community title), dwellings (three) and outbuildings (two detached sheds). The proposed modification sought to carry out all of the earthworks in Stage 1, including installation of batters to stabilise the earth and installation of the approved retaining walls. The modification also sought to alter the staging of conditions of consent relating to the dwelling houses from the subdivision stage into the construction stage.
Value:	N/A

Reference:	DA 16/2020(3)	Determination Date:	27 April 2021
PR Number	PR25385
Applicant/s:	Hotel Canobolas
Owner/s:	Hotel Canobolas Pty Limited
Location:	Lot 18 SP 82891 - 18/266 Summer Street, Orange
Proposal:	Modification of development consent - pub (internal alterations). The modified proposal involved amendments to the approved female toilets to provide an accessible toilet
Value:	N/A

Reference:	DA 135/2020(2)	Determination Date:	22 April 2021
PR Number	PR26080
Applicant/s:	West Orange Holdings Pty Limited
Owner/s:	West Orange Holdings Pty Limited
Location:	Lot 102 DP1187463, 22-34 Forbes Road , Orange
Proposal:	Modification of development consent - vehicle sales or hire premises (alterations and additions to existing building and change of use) and Business Identification Signage. The development involved modification to the approved plans to effect minor changes to the approved office/administration building (former dwelling) and the location of the entry to the Mercedes Benz showroom.
Value:	N/A

Reference:	DA 173/2020(2)	Determination Date:	11 May 2021
PR Number	PR10021
Applicant/s:	Mr M A Lindfield
Owner/s:	Mr M A Lindfield
Location:	Lot 12 DP 210766 - 753 Pinnacle Road, Canobolas
Proposal:	Modification of development consent - mixed use development (kiosk, information and education facility and roadside stall) and demolition (tree removal). The modification sought to alter the internal floor plan (relocate kitchen, relocate toilets, alter cooking demonstration space, reduce the local produce display/sales area, recess the front doors within a protected entrance, replace the rear sliding door with swinging doors), alter the approved hours for the kiosk (allow for later close to 10pm), and amend access requirements (delete requirement for a Basic Right Turn (BAR) treatment on Pinnacle Road).
Value:	N/A

Reference:	DA 487/2020(1)	Determination Date:	4 May 2021
PR Number	PR28423
Applicant/s:	Fenton Developments Pty Ltd
Owner/s:	Mr IM and Mrs JB Davidson
Location:	Lot 1 DP 1254889 - 6 Yackerboon Place, Orange
Proposal:	Demolition (tree removal) and subdivision (12 lot residential)
Value:	N/A

Reference:	DA 492/2020(1)	Determination Date:	28 April 2021
PR Number	PR4423
Applicant/s:	Dinkum Homes (NSW) Pty Ltd
Owner/s:	Dinkum Homes (NSW) Pty Ltd
Location:	Lot 121 DP530039, 122 Gardiner Road,
Proposal:	Demolition (existing dwelling, garage/carport and ancillary structures), dual occupancy and subdivision (two lot residential)
Value:	$400,000

Reference:	DA 39/2021(1)	Determination Date:	19 April 2021
PR Number	PR26514
Applicant/s:	Mr JJ Johnson
Owner/s:	Mr JJ and Mrs EA Johnson
Location:	Lot 101 DP 1195815, 777 Icely Road, Emu Swamp
Proposal:	Dwelling house (two storey), studio, shed (detached), carport (detached), swimming pool (indoor and inground), tennis court, bulk earthworks and retaining walls
Value:	$2,000,000

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

Reference:	DA 69/2021(1)	Determination Date:	29 April 2021
PR Number	PR25617
Applicant/s:	Housing Plus
Owner/s:	Housing Plus
Location:	Lot 78 DP 1172183 – Lantana Place, Orange
Proposal:	Subdivision (four lot residential)
Value:	N/A

Reference:	DA 71/2021(1)	Determination Date:	23 April 2021
PR Number	PR17228
Applicant/s:	Orange Aboriginal Medical Service
Owner/s:	Orange Aboriginal Corporation Health Service
Location:	Lot 202 DP 884245 - 14 Palmer Street, Orange
Proposal:	Community facility (alterations and additions)
Value:	$148,000

Reference:	DA 86/2021(1)	Determination Date:	26 April 2021
PR Number	PR1597
Applicant/s:	Racine Bakery
Owner/s:	Ms R Howard
Location:	Lot 1 DP 204247 - 166 Summer Street, Orange
Proposal:	Artisan food and drink industry
Value:	$60,000

Reference:	DA 92/2021(1)	Determination Date:	30 April 2021
PR Number	PR17777
Applicant/s:	Department Of Education
Owner/s:	Department Of Education
Location:	Lot 1 Sec 48A DP 758817 - 138-142 Moulder Street, Orange
Proposal:	School (demountable classroom)
Value:	$65,000

Reference:	DA 91/2021(1)	Determination Date:	5 May 2021
PR Number	PR19302
Applicant/s:	Mr S and Ms B Birmili
Owner/s:	Orange Arcade Pty Limited
Location:	Lot 1 DP 1063911, Lot 1 DP 572210, Lots A and B DP 150436 - 148 Summer Street, Sale Street and 146 Summer Street, Orange
Proposal:	Artisan food and drink industry (small goods)
Value:	$90,000

Reference:	DA 99/2021(1)	Determination Date:	5 May 2021
PR Number	PR15755
Applicant/s:	Falcam Pty Ltd
Owner/s:	The Trust Company Limited
Location:	Lot 115 DP 842253 - 19-21 Seymour Street, Orange
Proposal:	Centre-based child care facility (increased enrolment capacity)
Value:	N/A

Reference:	DA 102/2021(1)	Determination Date:	10 May 2021
PR Number	PR28436
Applicant/s:	BMPS 88 Pty Ltd
Owner/s:	BMPS 88 Pty Ltd
Location:	Lot 12 DP 1255039 - 86-102 Summer Street, Orange
Proposal:	Retail Premises (alterations and additions to existing building) and business identification signage
Value:	$1,600,000.00

Reference:	DA 105/2021(1)	Determination Date:	22 April 2021
PR Number	PR20403
Applicant/s:	Mr A Crump
Owner/s:	Eastern Developments (NSW) Pty Ltd
Location:	Lot 18 DP 270446 - 7 Gateway Crescent, Orange
Proposal:	Place of public worship
Value:	$45,000

Reference:	DA 113/2021(1)	Determination Date:	14 May 2021
PR Number	PR11268
Applicant/s:	Iconic Outdoors Pty Limited
Owner/s:	Orange City Council
Location:	Lot 1 DP 628868 - 141-143 Spring Street, Orange
Proposal:	Centre-based child care facility (retaining wall additions)
Value:	$43,960

Reference:	DA 154/2021(1)	Determination Date:	11 May 2021
PR Number	PR21353
Applicant/s:	Ms A Rasmussen
Owner/s:	Mr R G and Mrs E M Hampton
Location:	Lot 6 DP 1098318 - 55 McLachlan Street, Orange
Proposal:	Subdivision (two lot Torrens title)
Value:	$0

TOTAL NET* VALUE OF DEVELOPMENTS APPROVED BY THE CEO UNDER DELEGATED AUTHORITY IN THIS PERIOD: $4,731,960.00

ITEM APPROVED BY THE WESTERN REGIONAL PLANNING PANEL

Reference:	DA 494/2020(1)	Determination Date:	6 April 2021
PR Number	PR10006
Applicant/s:	Lives Lived Well Limited
Owner/s:	Lives Lived Well Limited
Location:	Lot 177 DP 775277 - 6 Lysterfield Road, Orange
Proposal:	Health services facility
Value:	$5,500,000.00

* Net value relates to the value of modifications. If modifications are the same value as the original DA, then nil is added. If there is a plus/minus difference, this difference is added or taken out.

Additionally, since the May 2021 meeting report period (22 April to 19 May 2021), another 22 development applications were determined under delegated authority by other Council staff with a combined value of $8,398,204.

Planning and Development Committee 1 June 2021

2.3 Development Application DA 284/2020(1) - 4 Kearneys Drive, Orange

RECORD NUMBER: 2021/1120

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'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. As alluded to in the report 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 but was deferred at the applicant’s request. The DA was recommended for Refusal at that time.

An amended proposal was submitted to Council in March 2021. The development has been amended to address the key issues raised during assessment of the original development.

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 public submissions generally relate to the impacts of the proposal on neighbourhood amenity (traffic, noise and character). It is considered that the impacts of the proposed centre-based child care facility will be within acceptable limits. Conditions are included to mitigate and manage arising impacts. 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

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, D21/30146 ⇩

2 Plans, D21/28951 ⇩

3 Submissions, D21/29345 ⇩

Planning and Development Committee 1 June 2021

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 284/2020(1)

NA21/370 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:	1 June 2021
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	2 June 2021
Consent to Lapse On:	2 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:	2 June 2021