ORANGE CITY COUNCIL

Planning and Development Committee

 

Attachments

 

 Items 2.2, 2.3, 2.4, 2.5, 2.6

 

 

 

14 August 2018

 

 

    

 

 

TABLE OF CONTENTS

 

         

2.2         Development Application DA 86/2018(1) - 194A March Street

Attachment 1      Notice of Refusal............................................................................ 4

Attachment 2      Plans............................................................................................... 7

Attachment 3      Submissions.................................................................................. 25

2.3         Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 1      Submissions................................................................................ 154

Attachment 2      Planning Proposal...................................................................... 162

Attachment 3      Planning Proposal - Annexure A Land Plans.............................. 191

Attachment 4      Planning Proposal - Annexure B - Concept Plans 01................. 203

Attachment 5      Planning Proposal - Annexure B - Concept Plans 02................. 205

Attachment 6      Planning Proposal - Annexure B - Concept Plans 03................. 207

Attachment 7      Planning Proposal - Annexure B - Concept Plans 04................. 209

Attachment 8      Planning Proposal - Annexure B - Concept Plans 05................. 211

Attachment 9      Planning Proposal - Annexure B - Concept Plans 06................. 213

Attachment 10    Planning Proposal - Annexure B - Concept Plans 07................. 215

Attachment 11    Planning Proposal - Annexure B - Concept Plans 08................. 217

Attachment 12    Planning Proposal - Annexure B - Concept Plans 09................. 219

Attachment 13    Planning Proposal - Annexure B - Concept Plans 10................. 221

Attachment 14    Planning Proposal - Annexure B - Concept Plans 11................. 223

Attachment 15    Planning Proposal - Annexure C - SEPP Schedule...................... 225

Attachment 16    Planning Proposal - Annexure D - Ministerial Directions.......... 228

2.4         Development Application DA 3/2013(1) - 806 Huntley Road and Gander Road

Attachment 1      Notice of Refusal........................................................................ 233

2.5         Development Application DA 329/2015(2) - 62 Byng Street and 77 Hill Street

Attachment 1      Notice of Approval..................................................................... 234

Attachment 2      Plans........................................................................................... 247

Attachment 3      Submissions................................................................................ 275

2.6         Development Application DA 305/2016(1) - 168 Shiralee Road

Attachment 1      Notice of Approval..................................................................... 298

Attachment 2      Plans........................................................................................... 307

Attachment 3      Submissions................................................................................ 333            

2.2                                Development Application DA 86/2018(1) - 194A March Street

Attachment 1          Notice of Refusal

 

ORANGE CITY COUNCIL   Development Application No DA 86/2018(1)   NA18/                                                                     Container PR27939

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application
Applicant Name:	Bassmann Drafting Services
Applicant Address:	PO Box 911 ORANGE  NSW  2800
Land to Be Developed:	Lot 222 DP 1239110 - 194A March Street, Orange
Proposed Development:	Boarding House (three boarding houses) and Subdivision (three lot Strata)
Building Code of Australia  Building Classification:	Not applicable
Determination made under   Section 4.16
Made On:	14 August 2018
Determination:	APPLICATION REFUSED
Reason(s) for Refusal:	1   The proposed boarding houses are incompatible with the character of the local area, pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, Clause 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009, Orange Local Environmental Plan 2011, Orange Development Control Plan 2004 and Orange Development Control Plan Infill Guidelines. 2   The proposed boarding houses will result in adverse impacts to the heritage setting and listed heritage items pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, Clause 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009, Orange Local Environmental Plan 2011, Orange Development Control Plan 2004 and Orange Development Control Plan Infill Guidelines. 3   The proposed boarding houses will result in adverse amenity impacts ON neighbouring residential properties pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, Clause 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009 and Orange Development Control Plan 2004.
Right of Appeal:	Applicant: 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. Objector: The Environmental Planning and Assessment Act 1979 does not give a right of appeal against this determination to an objector.

 

Signed:	On behalf of the consent authority:
Signature:
Name:	PAUL JOHNSTON – MANAGER DEVELOPMENT ASSESSMENTS
Date:	15 August 2018

 

2.2                       Development Application DA 86/2018(1) - 194A March Street

Attachment 2      Plans

 

 

 

2.2                       Development Application DA 86/2018(1) - 194A March Street

Attachment 3      Submissions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 1      Submissions

 

 

 

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 2      Planning Proposal

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 3      Planning Proposal - Annexure A Land Plans

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 4      Planning Proposal - Annexure B - Concept Plans 01

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 5      Planning Proposal - Annexure B - Concept Plans 02

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 6      Planning Proposal - Annexure B - Concept Plans 03

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 7      Planning Proposal - Annexure B - Concept Plans 04

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 8      Planning Proposal - Annexure B - Concept Plans 05

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 9      Planning Proposal - Annexure B - Concept Plans 06

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 10    Planning Proposal - Annexure B - Concept Plans 07

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 11    Planning Proposal - Annexure B - Concept Plans 08

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 12    Planning Proposal - Annexure B - Concept Plans 09

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 13    Planning Proposal - Annexure B - Concept Plans 10

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 14    Planning Proposal - Annexure B - Concept Plans 11

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 15    Planning Proposal - Annexure C - SEPP Schedule

2.3                       Orange Local Environmental Plan 2011 - Amendment 21 'Totally Local' - Post Exhibition Report

Attachment 16    Planning Proposal - Annexure D - Ministerial Directions

2.4                                Development Application DA 3/2013(1) - 806 Huntley Road and Gander Road

Attachment 1          Notice of Refusal

 

ORANGE CITY COUNCIL   Development Application No DA 3/2013(1)   NA18/                                                                      Container PR14200

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application
Applicant Name:	Mr GG Howarth
Applicant Address:	806 Huntley Road HUNTLEY  NSW  2800
Land to Be Developed:	Lots 18 and 19 DP 750387 – 806 Huntley Road, Huntley and Lots 29 and 30 DP 750387 - Gander Road, Spring Terrace
Proposed Development:	Dwelling House
Building Code of Australia  Building Classification:	Not applicable
Determination made under   Section 4.16
Made On:	14 August 2018
Determination:	APPLICATION REFUSED
Reason(s) for Refusal:	1   Insufficient information has been submitted with the application to allow a detailed and rigorous assessment pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979.   2   The applicant did not include documents that are required to accompany a development application as detailed in schedule 1 of the Environmental Planning and Assessment Regulation 2000.
Right of Appeal:	Applicant: 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. Objector: The Environmental Planning and Assessment Act 1979 does not give a right of appeal against this determination to an objector.
Signed:	On behalf of the consent authority:
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	15 August 2018

 

2.5                                Development Application DA 329/2015(2) - 62 Byng Street and 77 Hill Street

Attachment 1          Notice of Approval

 

ORANGE CITY COUNCIL   Development Application No DA 329/2015(2)   NA18/                                                                      Container PR2111

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

(AS MODIFIED)

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application
Applicant Name:	Mayoh Architects Pty Ltd - PD Mayoh Pty Ltd
Applicant Address:	(Attention Melodie Kaplan) 60 Strathallen Avenue NORTHBRIDGE  NSW  2063
Owner’s Name:	Denoc Holdings Pty Ltd
Land to Be Developed:	66 Byng Street and 77 Hill Street, Orange
Proposed Development:	Alterations and extension to an existing heritage mansion to provide boutique hotel accommodation, conference room, kitchen and dining facilities, on-site car parking and landscaping
Building Code of Australia  building classification:	To be determined by certifier
Determination made under   Section 4.16	Development consent was initially granted by the Land and Environment Court on 1 June 2017 – Appeal Number 2016/183468.
Made On:	14 August 2018 – determination date of the modification application
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:
Consent to Operate From:	1 June 2017
Consent to Lapse On:	1 June 2022

 

 

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.

SCHEDULE B – OPERATIONAL CONDITIONS

 

GENERAL CONDITIONS

 

(1)      The development must be carried out in accordance with the following approved plans and documentation except where amended by another Condition of this consent (including a deferred commencement condition).

·    Cover Sheet prepared by PD Mayoh Pty Ltd Drawing Nos. A001, Issue E dated 21 June 2017

·    Tree Removal Plan prepared by PD Mayoh Pty Ltd Drawing No. A090, Issue C, dated 21 June 2017;

·    Lower Ground Floor Plan prepared by PD Mayoh Pty Ltd, Drawing No. A100, Issue W, dated 21 June 2017;

·    Site Plan and Ground Floor Plan prepared by PD Mayoh Pty Ltd Drawing No. A101, Issue X, dated 21 June 2017;

·    First Floor Plan prepared by PD Mayoh Pty Ltd Drawing No. A102, Issue Q , dated 21 June 2017;

·    Roof Plan prepared by PD Mayoh Pty Ltd Drawing No. A103, Issue K, dated 21 June 2017;

·    East, West, North and South Elevations prepared by PD Mayoh Pty Ltd, Drawing No. A150, Issue I , dated 21 June 2017;

·    Sections CC and DD prepared by PD Mayoh Pty Ltd Drawing No. 161, Issue E, dated 21 June 2017;

·    Section EE prepared by PD Mayoh Pty Ltd, Drawing No. A162, Issue B, dated 21 June 2017;

·    Section HH, prepared by PD Mayoh Pty Ltd Drawing No. A163, Issue C dated 21 June 2017

·    Landscaping Concept Plans prepared by Christopher Nicholas Garden Design Issue 4 dated 21 June 2017;

·    Acoustic Report prepared by Acoustic Logic, dated 20 June 2017

 

Amending plans by Mayoh Architects job No. 1444

Dawning nos.:

·    S4.56_A090 Site Plan - Rev P6 Date 18 July 2018

·    S4.56_A100 Lower Ground Floor Plan - Rev P10 Date 21 June 2018

·    S4.56_A101a Ground Floor Plan – New Extension – Rev P11 Date 17 July 2018

·    S4.56_A101b Ground Floor Plan Existing – Rev P14 Date 18 July 2018

·    S4.56_A102a First Floor Plan – New Extension – Rev P10 Date 21 June 2018

·    S4.56_A102b Frist Floor Plan  - Existing – Rev P10 Date 21 June 2018

·    S4.56_A103a Roof Plan – New Extension – Rev P4 Date 17 July 2018

·    S4.56_A103b Roof Plan – Existing – Rev P3 Date 1 June 2018

·    S4.56_A150 Elevations (E, W, N, S) – Rev P4 Date 17 July 2018

·    S4.56_A160 Sections AA and BB – Rev P5 Date 17 July 2018

·    S4.56_A211 Miscellaneous Details Sheet 2 – Rev P5 Date 17 July 2018

·    S4.56_A212 Miscellaneous Details Sheet 3 – Rev P6 Date 18 July 2018

·    S4.56_A214 Miscellaneous Details Sheet 5 – Rev P2 Date 18 July 2018

 

Where there is inconsistency between the above plans and a Condition of this Consent, the Condition is to prevail to the extent of any inconsistency.

 

PRESCRIBED CONDITIONS

 

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

 

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

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

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

c.       stating that unauthorised entry to the site is prohibited.

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

 

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

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

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

 

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

 

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(5)        An interpretation plan must be submitted to, and be approved by, Council’s Manager Development Assessments prior to the issuing of a Construction Certificate. The interpretation plan must be consistent with the guidelines produced by the NSW Heritage Office and must be prepared for the property by an experienced heritage consultant. The interpretation plan must recommend interpretive devices both internal and extern al to the building and within the significant portions of the building sufficient to interpret the relevant aspects of its cultural heritage significance.

Where required, a separate development application must be lodged for any works associated with the installation of interpretation devices.

 

(6)        The approved landscape plan is to be amended to replace the Hornbeam (Carpinus betulus ‘Pendula’ Pleached) with Carpinus betulus (Pleached) to ensure that the canopy formed does not impact on the use of the driveway or affect the neighbouring property through encroachment over the boundary. The approved landscape plan identifies Leightons Green Conifer (Cupressocyparis x leylandii) planted along the eastern boundary of the site. This plant obtains a mature height of over 10 metres and is likely overshadow properties along Hill Street. The Leightons Green Conifers to be planted along the eastern boundary are to be restricted to a maximum height of 5 metres to ensure that there is no overshadowing impact. The eastern boundary trees are not to be evergreen trees.

 

(7)        An approval under Section 68 of the Local Government Act is to be obtained from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. No plumbing and drainage in connection with this development is to commence until approval is granted.

 

(8)        Detailed plans and specification are to be submitted with an application for Construction Certificate specifying the proposed fit-out of the food preparation and storage areas in accordance with the requirements of Australian Standard 4674-2004 "Design and construction and fit-out of food premises" and Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code.

(9)        Detailed plans and specification are to be submitted with an application for Construction Certificate that indicate all fire safety measures for the existing site and/or proposed building. The plans and specifications shall be designed by a suitably qualified person. The specification is to include all hydraulic calculations for any required hydrants, hose reels, fire water mains. Any modifications required to the existing house under this condition are to be approved by Orange City Council’s Heritage Advisor.

 

(10)      The applicant shall provide the Principal Certifying Authority and Council with a report from a qualified Acoustic Consultant that confirms all mechanical equipment to be installed within the development will comply with the noise goals and the Management techniques proposed in the Noise Impact Assessment prepared by Acoustic Logic Revision 4 dated 20June 2017.

 

(11)      Engineering plans providing complete details of the proposed footpath crossing, driveway and car-parking areas is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) and approved prior to the issue of a Construction Certificate.

These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and be in accordance with the Orange City Council Development and Subdivision Code.

 

(12)      A raised concrete median is to be constructed in Byng Street to prevent in and out right turns. The concrete median is to extend 30m from the end of the existing roundabout traffic island. A double barrier line is to be painted on Byng Street from the end of the median extending 20m west. The concrete median is to be a minimum 600 millimetres wide and designed and constructed in accordance with Parts 3 and 4A of Austroads Guide to Road Design. The eastbound traffic lanes in Byng Street are to maintain their existing width.

Engineering plans, showing details of the raised concrete median, signage, linemarking and construction traffic control plan, are to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) and approved prior to the issue of a Construction Certificate.

Separate approval under section 138 of the Roads Act 1993 will be required for work on public roads prior to any work being undertaken on or over a public road.

 

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

 

(14)      A Liquid Trade Waste Application is to be submitted for approval 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.

 

(15)      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.

 

(16)      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 6.1 ETs for water supply headworks and 9.4 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.

 

(17)      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 for approval prior to the issuing of a Construction Certificate.

(18)      An acoustic report is to be prepared by a suitably qualified acoustical consultant and submitted to the Principal Certifying Authority demonstrating that the noise emission from the proposed mechanical plant will not exceed an Leq noise level of 5 dB above the L90 background noise level measured at the nearest affected residence.

 

(19)   Compliance with Clause 3.2.4, Figure 3.2 and Figure 3.3 of AS2890.1 – 2004 in relation to sight lines to both pedestrians on the footpath and to vehicles approaching along Byng Street for drivers of vehicles emerging from the proposed driveway shall be certified by and experienced and qualified traffic engineer prior to the issue of a construction certificate. This will in particular require:

a.       a 2m by 2.5m sight triangle to pedestrians for emerging vehicles provided at the widened gate location by an open fence form, low level landscaping (below 0.6m height) and at-grade paving and certification of adequate sight line for emerging drivers to pedestrians on the adjacent public footpath.

 

(20)      The internal car park and access to the car park is to be certified by an experienced and certified traffic engineer to comply with AS2890.1-2004, AS2890.6-2009 and AS2890.2-2002 (relating to the Small Rigid Vehicle, being the maximum permitted service vehicle on- site other than fire appliance vehicles). Certification must confirm that the car park and access is fully compliant with the dimensional manoeuvring, gradient and travel height requirements of the design vehicles. The hydrant located between STAFF car parking space numbers 22 and 23 is to be confirmed as being flush with the parking pavement level such that those spaces can be lengthened to comply with Figure 2.5 of AS2890.1-2004.

 

(21)      The hedge (Cherry Laurel (prunus laurocerasus)) at the front of the property on the northern boundary is to be retained. Removal of any part of the hedge may only occur to accommodate any new gate or fence that may be approved under the Conditions of this Consent.

 

(22)      The Beech Tree to the north of the site is to be retained.

 

(23)      The accessible path of travel between the disabled parking spaces and the foyer of the approved development is to be certified as acceptable by an accessibility expert.

 

(24)      An acoustic report shall be prepared prior to the construction certificate that details how the alterations and additions are proposed to meet Part F5 of the Building Code of Australia, including, but not limited to:

(a)    Acoustic separation of common walls and floors between sole occupancy units in accordance with Part F5.4 and F5.5 of the BCA.

(b)    Acoustic separation of common floor/ceiling between sole occupancy units on the first floor and the ground floor of the existing residence in accordance with Part F5.4 of the BCA.

(c)   Acoustic separation of internal services in accordance with Part F5.6 of the BCA.

 

(24A)    A separate schedule of finishes, colours, swatches and materials is to be provided in a sample board to Orange City Council for the work approved under this consent. This includes a sample of the “Central Lobby Screen” in the proposed colour, no smaller than 600 x 600mm. The proposed external finishes are to be generally in accordance with the plan “External Finishes Legend Drawing” A 105 Revision H and the “Central Lobby Screen Detail” is to be generally in accordance with Appendix E to the Joint Heritage Report dated 21 April 2017 and filed in Land and Environment Court Proceedings 2016/183468 Denoc Holdings Pty Ltd v Orange City Council. The use of the ‘warm pale orange’ to render finishes is not appropriate. The proposed finishes, colours, materials and swatches are to be approved by Orange City Council prior to the issue of a Construction Certificate.

 

(24B)    (deleted)

 

(24C)    A notation must be provided on the plans submitted with a Construction Certificate confirming that all outdoor lighting has been designed and will be installed in accordance with Australian Standard AS 4282-1997 - Control of the Obtrusive Effects of Outdoor Lighting.

(24D)   Louvre screens are to be fixed to the ground floor windows of guest rooms 1-12, and the upper level windows on the western elevation of the approved extension, except for the western glazing to the main entry foyer. The louvres attached to rooms 1 – 4 and 9 - 12 shall be attached to the building in a manner whereby the louvres are horizontally separated at least 600mm from the face of the respective window glazing.

            The louvres attached to all required windows shall be angled upwards to allow sunlight into the respective guest room whilst preventing direct overlooking of the adjoining property at 60 Byng Street. Details of the louvres to all required windows on the western elevation of the approved extension shall be submitted to Council’s manager Development Assessment for approval prior to the issue of a Construction Certificate

 

(24E)   A screen is to be constructed and is to remain at the rear of the three easternmost spaces (car spaces 14, 15 and 16) in front (north) of the proposed landscaping to act as a barrier to light spill in addition to the boundary fencing and landscaping. This screen is to be in the form of a perforated metal screen to a height of 3 metres. The colour and material of the screen is to be provided to Orange City Council for approval prior to the issue of a Construction Certificate. Details of the screen are to be noted on the plans submitted with a Construction Certificate.

 

(24F)    The “booster valve” or equivalent infrastructure shown on Plan A.101 is to be located outside of the Structural Root Zone (SRZ) of the Liquid Amber tree located towards the north eastern corner of 62 Byng Street. All excavation or trenching works associated with the installation of this infrastructure must be located outside of the SRZ of the Liquid Amber tree.

 

(24G)    The original fireplaces, or an equivalent fireplace to be approved by Council’s Heritage Advisor, are to be reinstated in their original location within rooms 20 and 22.

 

(24H)    Specifications are required for the glazing on the east and west elevations of the approved extension shown on Plan A.150. Glazing must be set inwards of the framing so as to modulate the bulk and minimise the apparent extent of glazing on each elevation. Glazing must rely on body tint or similar without any external reflective coating. The specifications for the glazing are required to be shown on the plans submitted with the Construction Certificate.

 

(24I)    Full details of the restoration or rebuilding of the front fence and gate to 62 Byng Street must be submitted to Orange City Council prior to the issue of a Construction Certificate.

Details of the condition of the existing fence and gate must be provided to Council. Where it can be demonstrated to the satisfaction of Council’s Manager of Developments Assessments that the existing materials are incapable of restoration, the existing fence must be replaced by fence to match the original fence style of chain wire and timber posts, consistent with the heritage character of the subject property and Central Orange Heritage Conservation Area. The selected hedge plants behind the fence are to be advanced plants.

 

(24J)     An amended stormwater design is to be submitted with the application for a Construction Certificate 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 and approved by Orange City Council.

All stormwater from the site is to be collected and piped to Councils existing stormwater system in Hill Street. Engineering plans, showing details of the proposed stormwater drainage system, are to be submitted to, and approved by Orange City Council prior to the issue of a construction certificate.

The existing 150mm-diameter sewer main is to be relocated clear of the proposed building. Engineering plans, showing details of the proposed sewer main relocation works, are to be submitted to, and approved by Orange City Council prior to the issuing of a Construction Certificate.

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 for approval prior to the issuing of a Construction Certificate.

 

(24K)    (deleted)

 

(24L)     The acoustic fence and acoustic screening shall be in accordance with the acoustic report by Acoustik report reference 1708.001 Report.3.

 

(24M)    All west facing guest room windows shall comprise fixed (non-operable) panels. This detail shall be clearly shown on the plans submitted with an application for a construction certificate.

 

 

PRIOR TO WORKS COMMENCING

 

(25)      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 on site.

 

(26)    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.

 

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

 

(28)     The applicant shall supply Orange City Council with a dilapidation report for the adjoining properties at 75, 79, 81, 85 and 87 Hill Street as well as 60 and 64 Byng Street, Orange which documents and photographs the conditions of buildings and improvements on those properties prior to commencement of works. A copy of the report must be provided to Council and the owners of the nominated properties. Council shall be provided with a list of owners to whom a copy of the report has been provided.

This condition shall not apply in the event that access is refused by those property owners.

(29)      A Tree Protection Zone (TPZ) as detailed in AS 4970 – 2009 shall be established on the development site for each tree to be retained on the western side of 62 Byng Street and the eastern side of 60 Byng Street. The Tree Protection Zone shall be erected a minimum of 4.5 metres in radius from the centre of each tree along the western boundary fence of 62 Byng Street. The Tree Protection Zone must be connected to the western boundary fence of 62 Byng Street.

 

(30)      A Tree Protection Zone (TPZ) as detailed in AS 4970 – 2009 shall be established around the Liquidambar tree in the North east corner of 62 Byng Street. The Tree Protection Zone shall be erected a minimum of 2.2 metres to the east of the tree, a minimum of 3.6m to the south, west and north of the tree.

Note:  The trees affected by Condition (27) and (28) include the Liquidambar in the north east corner of 62 Byng Street, the Elm in the north west corner of 62 Byng Street, the Beech on western boundary of 62 Byng Street, the Box Elder on or immediately beyond western boundary of 62 Byng Street and the Elm (2) on or immediately beyond western boundary of 62 Byng Street.

 

 

DURING CONSTRUCTION/SITEWORKS

 

(31)     The applicant shall ensure that the Tree Protection zones for those trees identified to be retained are observed and maintained during construction.

(32)      The entrance path, immediately to the west of the Liquidambar located in the north east corner of 62 Byng Street shall be constructed in such a way that it does not impact on the soft landscape zone existing within the TPZ. ie. porous pavement or a bridging of the Structural Root Zone shall be undertaken to minimise root damage. To ensure protection of the SRZ (SRZ = trees stability) no excavation or fill material shall be permitted within a radius of 2200mm of the centre of the tree’s trunk.

 

(33)      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 and 7.00 am to 5.00 pm Saturdays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

 

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

 

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

 

(36)      Where asbestos material is removed or disturbed as a result of any proposed demolition, alterations or additions, all work must be carried out by a person licensed under Chapter 10 of the Occupational Health & Safety Regulation 2001 and undertaken in accordance with the requirements of clause 29 of the Protection of the Environment Operations (Waste) Regulation 2005. All asbestos to be removed must be disposed of at a tip recommended by the NSW Environment Protection Authority and under no circumstances shall it be reused or sold.

 

(37)      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".

 

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

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

 

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

 

(40)      All pruning works shall be undertaken to AS4373-2007 Pruning of amenity trees by a qualified arborist under the supervision of Council’s Manger City Presentation.

 

(41)      A heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed for the entrance to the proposed development on Byng Street. The existing gutter bridge is to be removed and the bitumen footpath and roadway reinstated. The construction of the layback and footpath crossing are to be as required by the Orange City Council Development and Subdivision Code.

 

(42)      The existing basalt (bluestone) kerb and gutter in Byng Street is to be retained . Where bluestone exists in the location of the proposed new driveway, the bluestone gutter is to be retained and incorporated into the new vehicular layback. Any kerb stones removed as a result of the works are to be firstly used as kerb stones in the areas of reinstated kerb and any leftover stones returned to Council.

 

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

(44)      All floors of rooms 20, 21 and 22 within the existing dwelling are to be upgraded to achieve an airborne sound insulation of not less than 50 and impact sound insulation rating of not more than 62.

 

(45)      Walls separating rooms 20, 21 and 22 from each other, a stairway, public corridor, public lobby or the like are to be upgraded achieve an airborne sound insulation of not less than 50 and extend to the underside of the roof, or to a ceiling that provides the sound insulation required for the wall.

 

(46)      The wall separating the bathroom of room 21 from room 22 shall be upgraded to be discontinuous; and achieve an airborne sound insulation of not less than 50; and an impact sound insulation rating of not more than 62.

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(47)    A 2m high lapped and capped hardwood timber fence must be constructed around the perimeter of the development, excluding the frontages to 62 Byng Street and 77 Hill Street, the common boundary to 60 Byng Street, the common boundary to 75 Hill Street, the common boundary between 77 Hill Street and 60 Byng Street and the common boundary between 77 Hill Street and 79 Hill Street prior to the issue of an Occupation Certificate.

Along the common boundary to 60 Byng Street, the fence is to be constructed of treated pine. Along the common boundary between 77 Hill Street and 60 Byng Street, the existing fence must be retained. Along the eastern boundary of 62 Byng Street, the fence must taper to a maximum height of 1.8m forward of the front building line of the building at 64 Byng Street.

Along the western boundary of 62 Byng Street, the fence must taper to a maximum height of 1.8m forward of the front building line of the building at 62 Byng Street. The height of the fence must be taken from the highest Finished Surface Level adjacent to each part of that fence.

 

(48)      A 2m high lapped and capped hard wood timber fence must be constructed along the common boundary of 75 Hill Street prior to the issue of an Occupation Certificate.

The fence must taper to maximum height of 1.2m where it is forward of the front building line of the building at 75 Hill Street.

The height of the fence must be taken from the highest finished ground level adjacent to each part of that fence.

The existing fence on the common boundary between 77 and 79 Hill Street is to be retained and is not to be modified as part of this approval.

 

(48A)        A screen is to be constructed and is to remain at the rear of the three easternmost spaces (car spaces 14, 15 and 16) in front (north) of the proposed landscaping to act as a barrier to light spill in addition to the boundary fencing and landscaping. This screen is to be in the form of a perforated metal screen to a height of 3 metres.

 

(49)      Landscaping must be planted prior to the issue of an Occupation Certificate, consistent with the approved amended landscape plan.

All trees to be planted must be semi mature and have a minimum pot size of at least 55 Litres.

 

(50)      Works associated with the installation of interpretative devices recommended by the interpretation plan must be installed prior to the issue of an Occupation Certificate.

 

(52)      A total of 27 off-street car parking spaces and one service bay are to be provided upon the site in accordance with approved plans and the provisions of Development Control Plan 2004. The parking spaces are to be constructed in accordance with the requirements of Council’s Development and Subdivision Code, prior to the issue of an Occupation Certificate.

 

(53)      Prior to an Occupation Certificate being issued plans and/or details of the operation of the garbage collection, including a private service agreement with Orange City Council’s waste contractor, are to be submitted to and approved by the Orange City Council Waste Services Manager. This is to include a Waste Management Plan.

The plans and/or details of garbage collection and the private service agreement must provide for garbage to be stored in two skip bins located in an enclosure within the lower ground level undercroft. The private service agreement shall be written so as to obligate the waste contractor to service the development with a small truck with a tare weight of not more than 4.1 tonnes with the waste delivery vehicle to enter and leave the premises in a forward direction. The plans and/or details of garbage collection and private service agreement must specify that garbage collection shall be between the hours of 10am and 2pm Monday to Friday. Kerbside collection of waste is not permitted and garbage is to be collected a maximum of twice per week.

The waste management details are to specify maximum truck length, garbage bin lifting mechanism type, frequency of collection and prohibited hours of garbage and grease truck collection. Detail on how the grease trap and general waste will be collected, the time of day for collection and truck collection point must also be included.

Any agreement in relation to the waste management arrangements shall only be varied with the prior approval of the Director of Development Services and is to be complied with at all times.

 

(54)      No person is to use or occupy Yallungah Mansion or its extension that are the subject of this approval without the prior issue of an Occupation Certificate.

 

(55)      Finished ground levels are to be graded away from the buildings and adjoining properties and must achieve natural drainage. The concentrated flows are to be dispersed down slope or collected and discharged to the stormwater drainage system.

 

(56)      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.

 

(57)      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.

 

(58)      (deleted)

 

(59)      An easement, to drain sewage and to provide Council access for maintenance of sewerage works, a minimum of 2.0 metres wide is to be created over the 150mm diameter sewer main. Evidence that the easement has been registered is to be submitted to the Principal Certifying Authority prior to issuing of an Occupation Certificate.

 

(60)      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.

 

(61)      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, 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.

 

(62)      Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the burdened lots requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

 

(63)      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.

(64)      Prior to the issuing of an Occupation Certificate Lot 3 Sec 21 DP 758817, Lot 4 DP 1085463 and Lot 1 DP 956418 shall be consolidated into one lot. Evidence must be submitted to the Principal Certifying Authority confirming that the applicable plan of consolidation has been registered by Land and Property Information.

 

(65)      An additional handrail is to be provided above the existing timber handrail on the heritage stairs in the existing mansion. The additional handrail may be wood, brass or stainless steel material and is to be approved by Orange City Council. The new handrail can be supported off the existing handrail or off the side of the balustrade with appropriate brackets. The new handrail is to be located at a height of at least 865mm above the nosings of the stair and landing.

 

(66)      The gaps in the stair balustrade are to be addressed by installing glass sheets on the outside of the balustrade, fixed to the existing balustrade by appropriate fittings. The height of the glazing is to be a minimum of 865mm above the nosing of the stairs and 1000mm above the floor level of the landing.

 

(66A)    Prior to the issue of any occupation certificate, the following must be completed in relation to the treated pine fence along the common boundary with 60 Byng Street as agreed by the applicant and the owner of 60 Byng Street:

·      All substandard work shall be rectified.

·      Metal props are to be installed on the development side of the fence to adequately stabalise the fence from lateral movement.

·      A bottom rail shall be installed to prevent the bottoms of the treated pine palings from warping.

In relation to the common boundary fence between the development and the rear of 60 Byng Street, the existing fence shall be lapped on the development side using hardwood palings.

 

 

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

 

(67)    Access to all services and facilities within the hotel shall be limited to overnight stay guests only. The conference room, breakfast room and coffee bar are to be used by overnight stay hotel guests only. These areas are not permitted to be used by the general public. There is to be no advertisement for use of the conference room, breakfast room and coffee bar by the general public.

 

(68)    The development shall be operated in accordance with the approved Operational Management Plan, Noise Management Plan and the Waste Management Plan.

 

(69)   Waste collection from the development shall be carried out to the satisfaction of Council's Waste Services Manager and in accordance with the agreement entered into with the waste management contractor engaged to service the development and the Conditions of this Consent.

 

(70)   Outdoor lighting must be in accordance with Australian Standard Control of the obtrusive effects of outdoor lighting – AS 4282-1997.

 

(71)    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.

 

(72)    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.

 

(73)    The area of the site identified as “Formal Lawn High Tea” on Plan A.101 shall not be used for ‘high tea’ events and functions between the hours of 10.00pm and 7.00am. Any high tea events are to be restricted to attendance by overnight hotel guests only.

 

(74)    All vehicle access to the land from Byng Street is to be left in/left out only. All vehicle movements to and from the land are to be in a forward direction.

(75)    Gates located at the street frontage to Byng Street (relating to the vehicular entrance) must be permanently maintained in an open position with the gates orientated into the property. The gates associated with the electrical substation must remain closed at all times, except for when the electrical supply authority is conducting maintenance, repairs, upgrades or the like.

 

(76)    Leq noise emission from the premises shall not exceed 5 dB above background noise level measured at the nearest affected residence. The operation of the development is to comply with the recommendations of the Noise Impact Assessment prepared by Acoustic Logic revision 4 dated 20 June 2017.

 

(77)    There is to be a maximum of eight (8) staff on the site at any one time.

 

(78)  The maximum permitted service vehicle on-site is a 6.4m long Small Rigid Vehicle in accordance with AS2890.2-2002.

 

(79)    This consent does not permit any signage to be fixed to the heritage item or to be placed anywhere within the front setting of the house.

 

(80)    No external face brickwork is to be painted, sealed or coated.

(81)    No tourist coaches are permitted on the site.

(82)    The use of the loading dock is to be limited to daytime hours (7am-6pm) only.

 

(83)    (deleted

 

(84)    Loading and delivery to the site is to be managed as follows:

(i)       A small rigid vehicle will deliver food during normal operation hours (and not before 7am) at a maximum of twice per week.

(ii)      Laundry delivery and pick up will occur every second day after 10am and no later than 5pm.

(iii)     Garbage is to be collected a maximum of twice a week after 10am and before 6pm.

(iv)     No delivery to the site is to occur on the weekend.

 

(85)    The operation of the approved development is to be undertaken at all times in accordance with the approved Plan of Management (annexed to this consent and marked “A”) except where that plan is inconsistent with a condition of this Consent. The applicant shall provide Council with an Operational Management Plan to be submitted and approved by Council’s Manager of Development Assessment, relating to the hotel operations. The Operational Management Plan shall include measures to mitigate odours and fumes that could be emitted from the kitchen or waste storage area.

In particular, the operational management plan shall stipulate that the temporary bin on the western side of Yallungah is to be returned to the main bin enclosure at the rear of the facility at the same time as the kitchen closes each day. Additionally, odours within the enclosure at to be managed appropriately.

Any proposed amendments to the approved Plan of Management or Operational Management Plan are to be notified to and approved by Orange City Council.

 

(86)    The Leightons Green Conifers to be planted along the eastern boundary are to be restricted to a maximum height of 5 metres to ensure that there is no overshadowing impact on adjoining properties.

 

(87)    The temporary bin area adjacent to the kitchen on the western side of Yallungah shall not be used at any time between 10.00pm and 7.00am daily.