Item: Subject: Index: Author: D3 Multiple Dwelling Development : 16 Headland Road, Boomerang Beach DA635/2008 & PK9166 Senior Development Planner : David Pirie This item has been deferred from the Development Control Unit meeting on 11 June 2009 to enable a site meeting to be undertaken. The number of objections has increased to thirteen since the preparation of the assessment report, however, the issues remain the same as discussed in the report which is reproduced below in full. DETAILS: Date Received:2 May 2008 Applicant: J G and E A Hawke Owner: J G and E A Hawke Land: 16 Headland Road, Boomerang Beach (Lot 13 DP 200167) Area: Prop Key: Zoning: 809.4m2 9166 2 Village, GLLEP 1996 SUMMARY OF REPORT: 1. The application proposes the construction of a new three bedroom dwelling attached to the existing dwelling to create multiple dwellings (2) and strata subdivision of the completed development into two lots. 2. The new dwelling is proposed to be attached to the southern side of the existing dwelling, such that the built form will step down with the topography of the site in two new interconnected building elements. 3. A separate flat roofed double garage is proposed for the new dwelling accessed via a new driveway from Banksia Street. An inclinator is also proposed to connect the new dwelling to the garage and entry from Banksia Street. 4. The application also proposes a new carport on the Headland Road frontage to provide an additional on-site carparking space for the existing dwelling, which already has a single garage accessed from Headland Road. 5. As a result of the notification of the application, 11 submissions were received, the majority of which were from owners within the Villa Manyana unit complex adjoining the site to the south-west and north-west. Issues raised in the submissions include loss of privacy, claims of “possessory title” over part of the subject site, stormwater disposal and non compliance with planning instruments and policies. 6. The proposal generally complies with the provisions of DCP 30. 7. It is considered that the proposal will not have significant adverse impacts to adjacent properties or the surrounding area, subject to appropriate deferred commencement conditions and conditions of consent. SUMMARY OF RECOMMENDATION: The application be approved as a deferred commencement consent, subject to four deferred commencement conditions for a detailed landscape plan; a schedule of external materials, 1 finishes and colours; amended plans with all BASIX commitments for the DA shown; and a project specific geotechnical report. 2 FINANCIAL/RESOURCE IMPLICATIONS: A decision for approval subject to conditions or refusal may lead to an appeal to the Land and Environment Court with inherent cost and resource implications. POLICY IMPLICATIONS: The application was lodged prior to the preparation of the Draft Development Control Plan No. 39 – Pacific Palms (Elizabeth Beach, Blueys Beach & Boomerang Beach), which is currently on exhibition until 12 June 2009. As such, approval of the application does not raise any policy issues for the adoption of the new plan. LEGAL IMPLICATIONS: A decision for approval subject to conditions or refusal may lead to an appeal to the Land and Environment Court. LIST OF ANNEXURES: “A” - Plans of proposal 3 SUBJECT SITE 4 BACKGROUND The subject property has had two previous development applications for multiple dwelling developments. DA No. 88/1996 for a dual occupancy and subdivision was withdrawn. More recently DA 145/2007 for an additional dwelling and Torrens title subdivision was refused by Council’s Development Control Unit on 19 April 2007. Following lodgement of the application on 2 May, 2008 and internal referral, the applicant was requested by letter dated 3 July, 2008 to provided additional information to address a number of issues, including inconsistencies between floor plans and elevations; the requirement that all BASIX commitments to be shown on the DA plans; a project specific geotechnical investigation; steep driveway design for the Banksia Street driveway and a revised driveway design for the Headland Road frontage; and a draft strata plan. Amended plans, with a written response to a number of issues, were received by Council on 11 November, 2008. It should be noted that a geotechnical report was not provided, instead, the applicant advised that following discussions with relevant Council officers, that this could be undertaken as part of the consent conditions. THE PROPOSAL The subject application proposes the construction of a new three bedroom dwelling attached to the existing dwelling to create multiple dwellings (2) and strata subdivision of the completed development into two lots. The application also proposes a new carport on the Headland Road frontage to provide an additional on-site carparking space for the existing dwelling, which already has a single garage accessed from Headland Road. The application proposes an expansion of the existing driveway access from Headland Road. The new dwelling is proposed to be attached to the southern side of the existing dwelling, such that the built form will step down with the topography of the site in two new interconnected building elements. The flat roof of the new dwelling is proposed to form a new ground floor deck for the existing dwelling at RL 26.13m AHD. The upper floor level of the new dwelling (at RL 22.855 AHD) is proposed to consist of an open plan kitchen/living area and main bedroom and ensuite. This level of the new dwelling opens onto a south facing terrace (at RL 22.805m AHD). This terrace forms the roof to the second new building element forming the lower floor level of the new dwelling (at RL 19.655m AHD). This is the entry level of the new dwelling, accessed from Banksia Street and consists of a family room, two bedrooms, bathroom and laundry. The family room opens onto a terrace and drying area on the north-western side of the new dwelling. An internal staircase connects the two levels of the proposed new dwelling. A separate double garage is proposed below the new dwelling (at RL 15.00m AHD), which is to be accessed via a new driveway from Banksia Street. Roof planting is proposed to the new garage. Steps and an inclinator from a landing on the south-western side of the garage are proposed to connect to the new dwelling. A new 20,000 litre water tank is proposed below the new driveway from Banksia Street. Visitor parking is proposed on-site on the new driveway from Banksia Street. SITE DESCRIPTION The subject site is located on the southern side of Headland Road, Boomerang Beach, on the ridge separating Blueys and Boomerang Beaches and is known as 16 Headland Road, Boomerang Beach. The site is legally identified as Lot 13 in DP 200167. A 3m wide drainage easement for sewer is located on the south-eastern side of the site. The site is two allotments to the east of the intersection of Headland Road with Boomerang Drive. It is irregular in shape and steeply sloping, falling away by up to 12m approximately from its Headland Road frontage down to a relatively small frontage of approximately 5m with Banksia Street. The site is presently occupied by an existing two storey dwelling house with a 5 tiled roof, accessed from Headland Road. The site is overgrown, predominantly with Bitou Bush and Lantana, which are noxious weeds. The site has a frontage width of 18.58m to Headland Road; a north-west side boundary depth of 23.16m and a south-west boundary depth of 37.795m, both to the neighbouring property at 13 Banksia Street (the “Villa Manyana” unit complex); an overall east/south-east boundary depth of 33.858m to two adjacent properties (No. 14 Headland Road and No. 11 Banksia Street); and has an overall site area of 814m². Neighbouring the property to the north-west and south-west is land containing a 42 unit multiple dwelling strata titled development, known as “Villa Manyana”, over two allotments and a number of strata plans. The complex consists of a number of two storey white stucco buildings with tiled roofs. Adjoining the site to the east/south-east boundary are two allotments, being respectively, No. 14 Headland Road containing a two storey dwelling house and No. 11 Banksia Street, containing a two storey multiple dwelling development consisting of 2 dwellings. On the opposite (northern) side of Headland Road, the built form generally consists of two storey dwellings and multiple dwelling developments. The surrounding area is residential in character and consists predominantly of one and two storey detached dwelling houses and attached and detached multiple dwelling developments. REPORT The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended and the following matters are relevant in considering this application:(a) The provisions of any environmental planning instrument; any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority; any development control plan; any planning agreement or draft planning agreement under section 93F; any prescribed matters under the regulations that apply to the land to which the development application relates. State Environmental Planning Policy No.71 – Coastal Protection (SEPP 71) SEPP 71 applies to all land within the coastal zone as defined in the Coastal Protection Act and accordingly applies to the subject site to the extent of requiring Council to consider the matters listed in Clause 8 of the Policy. In this regard, the proposal is considered acceptable as it is considered that it will not detrimentally impact on the scenic qualities of the coast, coastal processes and the design is considered suitable for its context, subject to appropriate deferred commencement conditions of consent for a schedule of suitable external materials, finishes and colours, a detailed landscape plan and a detailed geotechnical report. These matters are further discussed below in the report and the deferred commencement conditions are contained within the Recommendation of this report. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (SEPP: BASIX) The SEPP: BASIX applies to all new housing developments in New South Wales and requires that they be designed to use less potable water and be responsible for fewer greenhouse gas emissions by setting energy and water reduction targets. The SEPP must be read in conjunction with the Environmental Planning and Assessment Regulation 2000, which requires that a development application must be accompanied by a BASIX certificate. The BASIX certificate stipulates commitments that must be shown on the development application (DA) plans at the DA stage and/or on the construction certificate (CC) plans with the CC. In this regard the application is deficient in that, despite a previous written request, not all the DA commitments are shown on the plans, i.e. the heat pump, thermal insulation requirements, glazing requirements and necessary information in relation to the required breeze path (operation of windows to ascertain size of openings). Accordingly, the plans must be amended to reflect the DA commitments stipulated in the BASIX certificate. This may only be appropriately dealt with by a deferred commencement condition of consent. 6 Hunter Regional Environmental Plan 1989 (HRP) The HRP provides the broad planning objectives for regional urban development within the Great Lakes Council area. The proposal is generally considered to be consistent with the relevant objectives of the Plan. NSW Coastal Policy 1997 (Coastal Policy) The Coastal Policy applies to the coastal zone as defined in the Coastal Protection Act 1979, which generally extends: • • • one kilometre inland from the coast; one kilometre landward around any bay, estuary, coastal lake, lagoon; and one kilometre along either a bank of a coastal river. The Coastal Policy contains a detailed range of objectives and strategic actions for coastal zone planning and management. The Coastal Policy is listed as ‘prescribed matter’ under Section 79C (1) (a) (iv) of the EP &A Act and Council must have regard to the Coastal Policy in determining a development application. The strategic actions of relevance to this application relate to discharge of stormwater (1.3.8); consideration of seal level change (2.2.2); consideration of Coastal Design Guidelines (3.2.1) and the use of good design to encourage more compact, human scale towns with their own character, within the constraints of existing infrastructure (3.2.2). The proposed development is considered consistent with these matters, subject to appropriate deferred commencement conditions of consent as contained within the Recommendation of this report. NSW Coastal Design Guidelines (Coastal Design Guidelines) The Coastal Design Guidelines compliments the Coastal Policy and SEPP 71 and is based on the principle of ecologically sustainable development. The guidelines aim to ensure that future developments and redevelopments are sensitive to the unique natural and urban settings of coastal places in NSW. The guidelines set out detailed ‘Desired Future Character’ statements for various categories of settlement ranging from ‘coastal cities’ to ‘hamlets’. Blueys Beach, Boomerang Beach and Elizabeth Beach in the Pacific Palms locality may be considered within the ‘coastal villages’ category. Visual character is identified as being ‘critical’ in coastal villages, with new development requiring a sensitive response in form, character and materials to provide a cohesive fit with existing buildings and the village. The site is in a prominent location on the southern side of the headland between Blueys Beach and Boomerang Beach. The proposal is for a new dwelling and garage, which sits below the existing dwelling and provides a ‘stepped’ form down the site in accordance with the site topography. It is considered that the site layout allows sufficient setbacks to the southwestern and north-western boundaries for landscaping to ‘nestle’ the new dwelling into the site, particularly due to the flat roof design of the new dwelling. The new dwelling and garage are to consist of a lightweight material (granosite texture finish) and which also appears to be the finish of the planter box which forms the balustrade for the new terraces. The new carport for the existing Headland Road dwelling is detailed on the submitted plans as having a tiled roof finish to match the tiled roof on the existing dwelling. A “new lattice infill” is proposed to the existing deck of the Headland Road dwelling. Notwithstanding the proposed new dwelling, it is considered that the most prominent feature will remain the tiled roof of the existing dwelling, which is incongruous to the sheet metal roofing of more recent contemporary dwellings further to the east on the headland. It should be noted, however, that the Villa Manyana buildings below the site have terracotta tiled roofs. Further, the proposed new lattice balustrade to the existing dwelling is out of context with the new balustrades below. Ideally, the roofing material should be replaced to integrate the existing building with the form and materials of the new dwelling. If not, it is important that the colour scheme and/or external materials of the existing dwelling be upgraded to harmonise with the new built form so as to 7 minimise the impact to the visual character of the village area. Accordingly, an appropriate deferred commencement condition of consent is contained within the Recommendation of this report. Great Lakes Local Environmental Plan 1996 (LEP) Zone Objectives The subject land is zoned No. 2 – Village and the use of the land for “multiple dwellings”, as defined in the Dictionary of the LEP, is permissible with development consent within Zone No. 2 – Village. The objective of Zone No. 2 – Village, as defined in the LEP is as follows: “The objective of the zone is to restrict development to small scale developments which are compatible with the general residential character of village areas and which are unlikely to prejudice the viability of established shopping and commercial centres”. The proposal is for an additional dwelling to the one already existing on the site. The new dwelling has a gross floor area of less than 150m2 and as such is relatively small in size. The development is considered to be small in scale both by way of number of total dwellings proposed for the site, consistent with other recent developments in the area and by its overall built form, which is broken down into discrete elements that step down with the topography of the site, each of the new elements being only single storey. It is considered that with appropriate landscape treatment, the proposal will provide a satisfactory contextual fit within the topography of the area. The proposal is purely residential and does not have any ramifications to the established shopping/commercial centre at Blueys Beach. Clause 12 (Services) of the LEP requires adequate water and sewerage services be provided for all development. In this regard, MidCoast Water have advised that reticulated water and sewerage services are available for the proposed development and has provided an appropriate condition for any consent that may be granted. Great Lakes Draft Local Environmental Plan 1996: Amendment No. 13 - Pacific Palms (Draft LEP) The Draft LEP proposes the change of the existing land use zone for the site from Zone No. 2 - Village to Zone No. 2(a) – Low Density Residential, as well as changing other zonings within Pacific Palms to zones compatible with the environmental value of the land. As such, the proposal for “multiple dwellings” is also permissible with development consent within the 2(a) – Low Density Residential Zone Stage 1 of the changes proposed under the Draft LEP has already been gazetted. The subject site is within Stage 2, which is pending re-exhibition, adoption by Council and approval by the Minister for Planning. The 2 (a) – Low Density Residential Zone objectives are: “(a) Objective (a) to enable residential development so that buildings within the zone will consist primarily of housing that generally does not exceed a height of 2 storeys and has private gardens. (b) Objective (b) to enable other development which: (i) is compatible with a low density residential environment; and (ii) affords services to residents at a local level; and (iii) is unlikely to adversely affect the amenity of residential development within the zone; and (iv) is unlikely to place demands on services beyond the level reasonably required for low-scale housing development”. 8 It is considered that the proposed development is not inconsistent with the 2(a) Zone Objectives under the Draft LEP, due to the single storey nature of the proposed new dwelling, which is to be set in a landscaped setting. It will not create a demand for services incompatible with low scale housing development. Furthermore, while objections in relation to amenity impacts have been received from neighbouring properties, the impacts of the proposed development are not considered to significantly adversely affect the residential amenity of surrounding properties sufficient to warrant refusal of the application [refer Sections (b) and (c) below in this report]. Great Lakes Development Control Plan No. 30 – Residential Urban Areas (DCP 30) DCP 30 aims to encourage high quality urban housing and residential amenity and contains objectives, performance criteria and numerical provisions to achieve appropriate development. The key numerical provisions are set out in the Table 1 below and discussed below in the report. Table 1: Design elements numerical provisions Design Element Required Provided Maximum floor Not stated 0.44:1 space ratio Setbacks Street • 6m (min) & garage width not exceed 50% of site frontage) No change to existing dwelling to Headland Road No change to existing 4.2m (approx) - new carport to Headland Road No – refer below in report 14.8m (min) –new dwelling to Banksia Street Side (north-west & south-west) Side ( east & • 0.9m (min) 0.9m (min) Compliance Refer below in report Yes 8.4m (approx) garage to Banksia Street Yes New carport adjacent to garage Headland Road frontage. Width = 33.3% (approx) of width of site frontage Yes Width of garage is greater than width of Banksia Street frontage No – refer below in main body of report 1.44m (min) new carport (Headland Road) Yes 6.4m (min) new dwelling Yes 4.5m (min) new Yes 9 south-east) Useable open space Building height dwelling 3.5m (min) for garage Yes • 40.7m2 as single area with one dimension 4m (min) • Directly accessible from living area • 16m2 as a balcony or rooftop area accessible from a main living area, with minimum dimension of 2m • Adequate screening to protect privacy of neighbours 62m2 (approx)- deck -Headland Road dwelling 1 with minimum dimension 4.5m Yes 57m2 (approx) – deck – Banksia Road Dwelling with minimum dimension 4m, directly accessible from living area plus terrace from family room 16m2 (approx) Yes 7m (max) to ceiling of topmost storey 4.35m (max) - new dwelling Banksia Street Yes No change to height of existing dwelling to Headland Road Car parking 2 spaces per dwelling + 1 visitor space Double garage for new dwelling and new carport proposed for existing dwelling. Visitor parking provided for on driveway in front of new garage. Yes As can be seen from the above table, the proposed new dwelling is in general compliance with the numerical provisions of DCP 30. The proposal does present a variation to the DCP provision for the new garage width as a proportion of the Banksia Street frontage. This is due to the unusual site configuration which tapers down to an approximate 5m frontage to Banksia Street. However, this new single storey flat roofed garage is set well back from the Banksia Street front boundary alignment (approximately 8.4m) and thus would not be a dominant form within the streetscape of Banksia Street. Similarly, the new carport proposed to the Headland Street frontage, while not being setback 6m in accordance with the setback provisions of DCP 30, is behind the existing dwelling alignment to the Headland Road frontage and therefore will be a recessive element within the streetscape. It is considered that the proposed spatial arrangements, in terms of setbacks and widths, satisfy the relevant performance criteria and objectives, in respect to these elements. 10 It should be noted that there is no numerical provision for floor space for Zone No. 2 – Village within Pacific Palms. As a guide, the proposed floor space ratio (FSR) of 0.44:1 is relatively consistent with the 0.4:1 FSR requirement for 2(a) – Low Density Residential Zones within Forster, Tuncurry, Hawks Nest and Tea Gardens and is not inconsistent with the floor space of other approved recent developments in the surrounding area of Boomerang and Blueys Beaches. The rear of the existing dwelling is steeply sloping and over-run with weeds, providing little opportunity for useable private open space at ground level for the existing dwelling. The proposal provides a new deck area for the use of the existing dwelling over the new upper level building element of the new dwelling, as well as providing a principal area of private open space in the form a deck for the new dwelling, additional to a terrace area on its north-western side. The arrangement of providing private open space in the form of decks has previously been accepted in other multiple dwelling developments in the area and given the site topography it is considered an acceptable solution. Great Lakes Development Control Plan No. 31 – Subdivision (DCP 31) DCP 31 applies to any subdivision for residential, business, industrial, rural (including rural residential) and environmental protection purposes in the Great Lakes Local Government area. The DCP aims to protect and enhance the environment, to ensure that development is carried out to a consistent standard and to protect the amenity of existing development by ensuring a high standard of design and construction. It provides objectives, controls and design principles to achieve the aims of the plan. The application proposes a two lot strata subdivision of the finished development consistent with the building arrangement and site layout of the proposed development. The driveway and drainage easement on the eastern/south-eastern side of the site form common property. The proposed strata subdivision raises no further issues than already considered within the assessment of the proposed new works. Appropriate conditions of consent relevant to the strata subdivision, as well as conditions relevant to any necessary road/infrastructure works are contained within the Recommendation of the report. Great Lakes Draft Development Control Plan No. 34 – Acid Sulfate Soils (DCP 34) The site is identified on the Acid Sulfate Soils Planning Map as having Class 5 Acid Sulfate Soil. Although it is within 500m of land containing Class 4 Acid Sulfate Soil, it is unlikely to lower the water table below 1m AHD on the adjacent land. As such an acid sulfate soil management plan is not considered necessary for the proposal. (b) The likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. Access and Parking Council’s Transport Assets Branch have advised the following with respect to the proposed access and parking arrangements: “Headland Road Headland Road has an approximate 4.3 metres wide bitumen sealed carriageway. The applicant has proposed to construct “stacked” visitor space and a new carport located on the western side of the existing dwelling for the strata development. Access to parking areas will be located against the adjacent property boundary which is contrary to Council’s driveway requirements. There will be no engineering objections to the location of this carport/driveway as the adjacent property to the north west (i.e. 13 Banksia Street) has:• previously developed with vehicle access gained from Banksia Street; 11 • little opportunity for a vehicular space with access from Headland Road (as the site slopes steeply down). As the land both within the development site and within 13 Banksia Street drops steeply from Headland Road, an entering vehicle to the carport should be protected from driving over the edge with a barrier kerb and a balustrade/handrail located adjacent to the property boundary extending from, and including the outside perimeter of the proposed carport to the property boundary. The adjacent street trees in Headland Road will be required to be removed for sight distance requirements to help view vehicles and pedestrians travelling along Headland Road. The following street trees that are required to be removed are:• Acacia Wattle, and • Leptospermum Tea Tree. In summary there will be no engineering objections to the proposed visitor car parking space and carport providing the following are complied with:• A low level fence of a maximum 500 mm height for the first 2.5 metres. • A barrier kerb and balustrade/handrail along the common property boundary with 13 Banksia Street, extending from the property boundary to adjacent to the proposed car port and along the open sides of the car port. • Removal of the adjacent street trees in Headland Road for sight distance requirements. Banksia Street The new dwelling of the strata development will have access from Banksia Street, which is bitumen sealed along the property frontage. The proposed carport floor level of 15.00 m AHD and “stacked” visitor space will comply with driveway gradients specified in AS 2890.1 and Council’s alignment level in Banksia Street. Notes: • The site frontage on Banksia Street is approximately 4.2 metres wide, and will only allow a minimum 3.1 metres driveway width with 0.6 metres from the adjacent properties. • Driveways have already been established on the adjacent properties. • The proposed driveway will need to be further adjusted to be at right angles to the road carriageway. Planning comment The engineering requirements for the driveways have been included as conditions of consent as contained within the Recommendation to this report. In order to provide a landscape buffer to the internal driveway entry to the new garage accessed from Banksia Street, it is recommended that the driveway design be modified to allow retention of existing palms adjacent to the driveway (refer to the heading ‘Landscaping’ below in report). Stormwater Council’s Transport Assets Branch has advised the following with respect to stormwater drainage for the proposed development: “This development site is within a stormwater catchment area that drains through 8 Blueys Way. During an intense storm and after the Council stormwater pipeline reaches capacity, stormwater will overflow into and adversely affect this property (note that 8 Blueys Way contains a "localised entrapped low point"). 12 To help ensure that the development does not increase stormwater runoff, it is considered that the overflow from the water tank should be drained to an infiltration system to contain at least the 1 in 10 year rainfall. Notes: • • • • • There is limited area available for a infiltration system on this lot; The soil profile is sand; an infiltration system should be a minimum of 2.1 metres from any side boundary to help prevent adverse effects on the adjacent property. The resultant size (of the infiltration system) is expected to be large by the time safety factor is considered for the rate of infiltration. The proposed water tank will probably need to be relocated to maximise the area needed for the infiltration system. The water tank could be relocated adjacent to 13 Banksia Street. Alternatively, the development’s site common area may need to be increased and the tank located to this location. The geotechnical engineer previously reported that there will be instability of the ground with the steepness of the lot (being sand with over 10 degrees gradient) once the vegetation is removed. Prior to the release of the development consent, a stormwater plan should be determined and approved of by Council. Details should include a report from a geotechnical engineer that comments on:o requirements to ensure the stability of the site with an infiltration system; o the recommended rate of infiltration to be adopted (with a safety factor of 2 included) and the minimum distance to the proposed dwellings/structures on the development site (while maintaining a minimum 2.1 metres from the side boundaries)”. Planning comment The above engineering requirements have been addressed by a deferred commencement condition of consent for geotechnical requirements for a stormwater plan as detailed in the Recommendation of this report. Climate change and coastal erosion Council’s Transport Assets Branch has advised the following with respect to climate change and coastal erosion and its consequences for the proposed development: "The following information can be used as a guide (for the effects of climate change):a) Coastal Erosion • • • The Boomerang Beach and Blueys Beach - Coastal Engineering Advice by the Public Works Department March 1985 undertook borehole investigation of the Boomerang and Blueys Beaches. A nearby borehole to the development site indicates a deep dune sand strata to RL 4 m AHD that sits on an indurated sand to RL 1.5 m AHD and bedrock from RL 0 m AHD. With the rock stratum being at RL 0 or below, there is the possibility of serve storms, groundwater issues and in combination with a rise in ocean levels, may remove the toe of the steep dune and increase the likely hood of slippage. This should be further investigated and reported on by a coastal/geotechnical engineer. A similar application DA668/2006 (where there the subject development site and adjoining properties were situated 13 • • landward of Boomerang Drive with a public reserve system between the road and the ocean) was forwarded to the Coastal Management Section of the Department of Natural Resources (now Department of Environment and Climate Change - DECC). The authority advised Council that the report of the Department of Public Works in March 1985, although valuable, was aged and its conclusions would be now influenced by likely climatic changes, in particular potential rises in sea level. The authority suggested that if Council adopted sound management practices in respect to maintaining the beach and the public road, this may offset the potential impact on the site. Banksia Street should be protected/maintained by Council with any subsequent coastal erosion with the predicted rise in sea level. The development site is partially protected from coastal erosion by the adjacent headland and “rock platform”. Note: Council has recently obtained funding to undertake an investigation of the process and effects of coastal erosion from the expected climate change and sea level rise at Blueys and Boomerang Beaches. The report (to be undertaken by a suitably experienced and qualified specialist consultant) is not expected to be finalised for 12 months. Detailed management strategies/measures to protect this area should be addressed by this report. b) Flooding due to ocean inundation The development site is not considered to be affected by flooding due to ocean inundation for the following reasons:• A previous development adjacent to a nearby beach with an open beach environment indicated that the predicted a 100 year ARI wave run-up level as RL 5.4m AHD and combined the projected: o 50 year sea level rise of 0.5m to conclude a level of RL 5.9m AHD during an extreme storm event. o 100 year sea level rise of 0.91m to conclude a level of RL 6.3m AHD during an extreme storm event. • The existing ground levels of the development site vary generally from RL 14m AHD and RL 26m AHD, so the development site is well above the predicted flooding level. Note: As stated above, under Coastal Erosion, Council is to undertake/oversee further investigation of coastal erosion from the expected climate change and sea level rise at Blueys and Boomerang Beaches. Summary 1. With the existing development and infrastructure in the adjacent area, and providing Council maintains the beach and the public road at this location, sea level rise and extreme storms (associated with Climate Change for the next 100 years) is unlikely to propagate beach erosion that would adversely affect the development site. 14 2. Geotechnical report for a previous development application for this site recommended that the building be supported on mini piles installed at a depth of at least 6m below the existing surface. 3. Prior to the release of the development consent, a report from a suitably experienced and qualified specialist consultant to determine the foundation design of any proposed structure (within any of the lots) considering the affects of climate change and possible failure/slumping of the land should be submitted. Conclusion The development site is located to the north of Banksia Street some 150m from the ocean and at RL 14.00 m AHD. The site is considered to be low risk from climate change. However the applicant will be required to obtain the services of a coastal/geotechnical engineer to advise of any requirements to protect the development from climate change/ sea level rise to 2100." Planning comment The above requirement for a geotechnical report has been addressed by a deferred commencement condition of consent as detailed in the Recommendation of this report. Services Council’s Transport Assets Branch has advised the following with respect to site servicing: "There is a sewer pipeline that burdens the property adjacent to the (eastern) common boundary with 11 Banksia Street. Associated with this pipeline there is:• A sewer junction pit that will be within the property. • A sewer junction pit in the nature reserve of Banksia Street that will be affected by the resultant driveway. Note that both of these pits will need to be adjusted for the finished surface levels, as well, the pit in Banksia Street will need to be capable of traffic loadings. There is an existing light/power pole with overhead wires located in Banksia Street where the proposed driveway is to be located. The applicant will be required to relocate this pole so that it is a minimum of 1.0 metres from the edge of the driveway." Planning comment Appropriate conditions of consent, as advised by Council’s Transport Assets Branch, for all necessary readjustments of services and relocation of the power pole to the relevant utility service provider’s requirements (at the applicant’s expense) are contained with the Recommendation of this report. Privacy Objectors have raised concerns about privacy impacts, both visual and acoustic, to dwellings in the Villa Manyana complex adjacent to the site at 13 Banksia Street. The two Villa Manyana buildings directly adjacent to the south-western boundary of the site have both front and rear balconies, the rear balconies facing the subject site and the front balconies, which appear to have ocean views and which are more likely to be utilised for outdoor recreation. The minimum ground floor window setbacks of the proposed new dwelling to the closest Villa Manya building are approximately 8.5m to the balcony or approximately 9.7m to the wall of their building. Other ground floor window setbacks are greater due to the fact that the proposed new dwelling is set at an oblique angle to the south-western boundary with the adjacent Villa Manyana complex. The upper level windows of the new dwelling are setback to 15 the closest Villa Manyana building a minimum of approximately 12.2m to the balcony and approximately 14.6m to the wall of their building. These setbacks are consistent with the visual privacy requirements of DCP 30. The terrace areas are proposed with perimeter planter boxes, with a depth of 650mm, which will prevent a person standing at the edge of the terrace and looking directly down into the rear of the Villa Manyana buildings. The primary views from the terraces will be to the Pacifica Ocean, not down into the Villa Manya site. Further, supplementary landscaping is recommended as part of a deferred commencement condition. This is to be provided within the buffer area from the new dwelling to the south-western common boundary with Villa Manya. In regards to potential noise from the new dwelling, it must be considered that the proposal is within an urban environment, where existing dwellings are already as close or are in closer proximity to each other than that provided for by this proposal. Noise from the use of the dwellings is a matter for enforcement under the Protection of the Environment Operations Act and/or the police. Therefore, in light of the above discussion, it is considered that privacy impacts associated with the proposed new dwelling are insufficient to sustain refusal of the application. Landscape and trees The application was referred to Council’s Natural Systems Branch. Council’s Senior Ecologist has advised the following with particular respect to native vegetation, dunal stability and landscaping: This Branch has provided comments to a previous DA on this land (DA145/ 2007) and reference to our previous comments was made in the preparation of this memo. That memo, of Bell to Andrews, for DA145/ 2007 had identified that “the land is relatively steep and comprises a portion of the relict sand dune that extends from the land to the south-east. As mentioned, the northern portion of the land contains an existing dwelling and surrounding modified landscaping. In the south, there is a pocket of modified and mixed native and exotic vegetation. In this stand, there are littoral rainforest elements, such as Tuckeroo, Guoia as well as the native tree Coastal Banksia. There are also exotic flora species such as planted palms, Umbrella Trees and a relatively dense infestation of Bitou Bush below. The pocket of mixed vegetation occupies an area of approximately 387m2. In its original, pre-disturbance state, the entire area would have contained a littoral rainforest community given its sheltered location on the southern aspect of a relict sand dune. However, the establishment of the units to the west (which involved the removal of the relict sand dune and physical levelling of the land) and two single dwellings to the east, as well as the current dwelling on the land and the formation of Headland Road and Banksia Street has reduced and altered the native vegetation that occurs. Presently, while this land contains littoral rainforest elements, it would be very difficult to argue that the remnant is of high ecological significance as representative habitat as a consequence of its relative isolation, small size and degraded nature. Nevertheless, the development would result in the removal of largely the entire area of this remnant, with little or no ability for compensation or offsets. The development proposal would also cause the removal of deep-rooted native tree cover from the land and the significant topographic modification of the relict sand dune for the purpose of the construction. This has some potential to undermine the inherent stability of the dune and make it susceptible to slip or wind erosion. There are a series of dwellings 16 constructed on the relict sand dune to the east of this land and obviously it is possible to construct a dwelling on the dune, however any such construction would need to be based on adequate investigation to prove that geological stability and the integrity and condition of surrounding dwellings would be maintained.” As per our previous advice, I note that the development proposed would cause the loss of a very small area of degraded, isolated and modified coastal native vegetation with some, minor littoral rainforest elements. Littoral rainforest is an endangered ecological community on the TSC Act and the coastal native vegetation protection and preservation is a specified aim of the SEPP71. However, it would be difficult to argue that there would be a significant ecological impact associated with the removal of such. The area is small, isolated and degraded and its ecological function would be impaired as a result. It is surrounded by urban development. A preliminary analysis of s5A of the EP&A Act 1979 appears to suggest that the removal of the native vegetation would not constitute a significant loss of threatened biodiversity. Plans submitted with the application indicate that some 4 Coast Banksias and 1 Tuckeroo would be retained on the land and 4 Cabbage Tree Palm would be translocated to undeveloped portions of the Lot. The proposal would cause the removal of 6 Coast Banksia, 3 Tuckeroo and 1 Flooded Gum, with the remainder being exotic or planted trees. There is a landscape concept plan submitted with the DA, which identifies the opportunity to plant 4 native trees, 30+ native shrubs and groundcovers. Thus, on balance, this proposal from an environmental standpoint does not appear unreasonable or inappropriate. The loss of the small area of native vegetation and its replacement with a new dwelling would alter the streetscape and amenity of the landscape and this is a planning consideration within the determination of the DA. To this we would suggest that there be specific landscaping requirements imposed by way of conditions of consent should the impacts on amenity be appropriately resolved and the DA be so positively determined. The geological stability of the proposed dwelling and the resultant stability of the surrounding dwellings as a consequence of the excavations and removal of deep-rooted native vegetation from the relict sand dune is also a planning consideration that needs to be appropriately satisfied. If a geotechnical assessment concludes that stability risk is acceptable, then there appears to be no other coastal or ecological issues that are pertinent to this application and which would serve to preclude positive determination, provided that the full range of additional planning considerations can also be so addressed (privacy, views, shading, streetscape, form, etc). 17 Planning comment The requirement for a new geotechnical report for site stability as flagged in the above comments is contained as a deferred commencement condition within the Recommendation of this report (refer below under the heading ‘Suitability of the site for the development’ for further discussion). A deferred commencement condition for a detailed landscape plan as recommended by Council’s Senior Ecologist is contained within the Recommendation of this report. Additionally, Council’s Tree Officer has verbally advised that the landscape plan as submitted with the application is satisfactory as a ‘concept’ plan, however, a detailed landscape plan is required that includes species, planting sizes, numbers and locations and these requirements are also included as part of the deferred commencement condition. It is noted that there are a number of semi-mature Alexander Palms, adjacent to the boundary with 13 Banksia Street, within the area of the proposed driveway. Council’s Tree Officer has advised that it is possible to transplant these palms. The proposed driveway extends to within 500mm of the site boundary and it is considered that the driveway design could be amended to increase the setback to the south-western boundary and allow for the Alexander Palms to be re planted back into this area. This re-arrangement of the driveway slab forward of the garage will still allow a stacked visitor parking space in front of the garage. Site design (including streetscape, building form and visual impact) Refer to discussion under ‘NSW Coastal Design Guidelines” above in Section (a) of the report. Overshadowing Shadow diagrams prepared by a surveyor for June 21 (the ‘worse case scenario’) have been submitted as part of the original documentation received with the development application. Consideration of the shadow impacts indicates that the shadow impact reasonably falls within the parameters set by the provisions of DCP 30. The shadow diagrams indicate that only one building (i.e. the building adjacent to the southwestern boundary at its south-eastern end) within the Villa Manya complex (13 Banksia Street), will be impacted by shadows from the proposed development. Shadow to its northeastern elevation will occur up to 12 noon at June 21. It should be noted that all shadows from the proposed new development at 9am will be contained within the shadow cast from the existing dwelling on the site. Shadows will also fall on the western elevation of this building but no shadows will result after 10.30am, while no shadows from the proposed new dwelling will affect the 13 Banksia Street property from noon onwards. The adjacent property to the east at No 11 Banksia Street are affected by shadows from the proposed new development from noon onwards, predominantly onto the western elevation of the building. It should be noted that the noon shadow is contained within the shadow cast by the existing building on the subject site, while the shadow at 3pm does not affect any window on this building elevation. Contamination Council’s Environmental Health Co-ordinator has raised no issues with respect to site contamination. There appears to be a disused effluent transpiration area on the site, however Council’s Environmental Health Officer has advised that the site was connected to the sewer over ten years ago and “therefore the disposal area will not contain any organisms capable of being a health risk”. (c) The suitability of site for the development As previously flagged in the report, the site has a steep topography and has been the subject of a previous development application for which a geotechnical report was prepared. Council requested on 3 July 2008, a geotechnical report specific to the subject proposal, however, the applicant advised by letter dated 7 November, 2008, that following discussions with Council’s Development Engineer and Manager, Building Assessments, further geotechnical investigations for stormwater infiltration and slope stability could be undertaken at a later stage 18 of the development. It is apparent from the previous geotechnical report that it is feasible to accommodate a new dwelling structure and infiltration system on the site, based on geotechnical recommendations, notwithstanding the site topography. Accordingly, appropriate deferred commencement conditions of consent are contained within the Recommendation of the report for a project specific geotechnical assessment to ensure site stability by way of appropriate recommendations for earthworks, structural design and methods of construction that will not impact on both the existing dwelling and adjoining sites. (d) Any submissions made in accordance with the Act or regulations The application was notified to adjoining and neighbouring property owners in accordance with Council’s Notification Policy between 4 July 2008 and 18 July 2008. As a result of the notification of the application, 11 submissions were received (the submissions are contained on the DA file for perusal). Although amended plans were received on 11 November, 2008, no substantive changes were made to the design warranting re-notification of the proposal. The issues raised as points of objection are summarised below. Non complying development • Non compliance with DCP 30 and DCP 31. Planning comment Issues of compliance/non compliance with DCPs 30 and 31 are discussed above in Section (a) in the report under the relevant headings. Floor space • The FSR exceeds 0.4:1 as specified in DCP 30, as well, “the FSR of the dwellings is 0.44 and is nearer 0.5 when the garage and walkways are included… acceptance to such a variance to the standard would set a precedent for future development in the area”. Planning comment Refer to the heading “DCP 30” under Section (a) above in the report. There is no FSR requirement under DCP 30 for the Zone No 2 - Village in Pacific Palms. The proposed FSR is not inconsistent with other recent approvals in the area both for dwelling houses and multiple dwelling developments and would not set a precedent for the area. Height and scale • The height “of this three storey proposed building…exceeds the limit set in DCP 30”. • The height of the proposed building is excessive (being “some 10.86m” above the ground level of units in Villa Manyana) and would “tower” over the units in Villa Manyana., limiting sunlight to the back of the units. • The scale of the proposed development “is excessive and…would result in over development of Lot 13 under the terms of Council’s DCP 31, draft Mid North Coast Regional Strategy …and the Pacific Palms LES. • The proposed development will result in “a 4 storey development (or 5 if one were to include the garage)”. Planning comment Draft LEP 13, DCP 30 and DCP 31 are discussed above in Section (a) of the report under their relevant headings. The Mid North Coast Regional Strategy is discussed below in Section (e) of the report under “Public Interest”. Building height under DCP 30 is measured vertically at any point, from the existing ground level to the ceiling of the topmost storey. As such the new dwelling (refer Table 1 above in the report) has a maximum height of 4.35m, which is well below the maximum permissible height of 7m for a two storey dwelling. Due to the steep topography of the site, the ground level of units in Villa Manyana is not the correct reference point from which to measure building height of the proposed development. The proposed new dwelling is predominantly single storey and only has a two storey component in the area of the stair linking the entry level with the upper 19 level of the new dwelling. The development is progressively stepped up the site from Banksia Street and as such it is misleading to read the south-west elevation has being in the same vertical plane, as it misrepresents the building scale; a more accurate representation is gained from the south-east elevation with the stepping in the building form is more clearly presented. Site coverage and setbacks • “The combination of proximity and relative elevation of the structure proposed” would be “an overbearing, dominant, three level structure, destroying the amenity enjoyed from the North facing aspect of our property”. • “The proposed dwelling, garage, carpark and driveway occupy too much of the existing land to allow a natural buffer” to Buildings 1 and 2 of the Villa Manyana units. • “A considerable buffer of native vegetation is required… to reduce human and traffic noise and night time lighting”. • The outlook for Villa Manyana will resemble “living in an inner city high density dwelling not a coastal (bush meets the beach) setting”. • Loss of bushland views to Buildings 1 and 2 in Villa Manyana. • “The setback to Villa Manyana is totally inadequate there being only 2m from our boundary to the garage and less than 6m from our boundary to the entrance”. • “The footprint is significantly over your development guidelines for a block of this size. Impacts include water runoff, noise and visitor parking concerns. Planning comment The existing dwelling is a two storey structure, with the new dwelling attached to it on lower levels of the site. The proposal generally falls within the provisions of DCP 30, which govern setbacks, provisions of private open space and visitor parking (refer to Table 1 above in report). There are no controls within DCP 30 that relate per se to site coverage. Issues of water run-off have been addressed by Council’s Development Engineer (refer Transport Asset Comments above in Section (b) of the report under the headings ‘Stormwater’ and ‘Climate change and coastal erosion’). An area of land, generally with an approximate depth of 5m, is available for deep soil landscaping adjacent to the south-western boundary of the site and is capable of providing a suitable buffer between the proposed new dwelling and Buildings 1 and 2 of the Villa Manyana complex. This is shown on the concept landscape plan provided with the application. The outlook from the rear of Buildings 1 and 2 over the subject site currently consists predominantly of weeds and not bushland. Council’s Senior Ecologist and Council’s Tree Management Officer have recommended a deferred commencement condition for a detailed landscape plan, which requires, amongst other matters, that there will be effective screening of the development along the southwestern boundary of the lot, by the provision of at least 4 specimen native trees, as well as native shrubs and the retention of two existing trees adjacent to the boundary. Further, it is a recommended condition of consent that all Bitou bush and Lantana currently over-running the yard be suppressed and controlled. These measures should result in an improved outlook from Buildings 1 and 2 to the subject site. In relation to the setback of the driveway slab to the south-western boundary with Villa Manya, it is recommended that the design of driveway slab be modified to allow an increased setback, which will allow for the transplanting of the palms that are currently growing in this vicinity, back into this area. 20 Overshadowing • “No shadow details have been provided are provided …as such it is impossible to tell the impact of the development. At present much of the site is in shadow. The additional shadow could result in an unacceptable level of overshadowing at Villa Manyana”. Planning comment Shadow diagrams were provided with the application and the shadow impact is discussed above in Section (b) of the report under the heading ‘Overshadowing’. Privacy • “The considerable amount of window area in the proposed building facing the Villa Manyana Units would remove all sense of privacy”. • “Loss of amenity (privacy) for eight Villa Manyana units immediately beneath the proposed development. Most of the trees (if not all) will be removed and unlikely to be replaced “. • The parcel of land due to its narrow shape and excessive gradient is inadequate to site such a development and results in a “long balcony profile of all of the three stories spread wide and high across the full vista from our property…the floor to ceiling glass windows …ensure that none of our privacy has been retained”. • Noise impact to two of the units in Building 1 of Villa Manyana would be intrusive, particularly from cars accessing the proposed new driveway. • The proposal will “amplify negative impacts on aural and visual privacy of residents of Villa Manyana”. • The proposed development “looks out directly into the bedrooms and bathrooms of Villa Manyana”. Planning comment Refer discussion above in report in Section (b) under the heading ‘Privacy’. Appearance • Appearance of the proposed development will “impact negatively on the streetscape”. • Out of character to existing development in bushland setting and low key housing. • The proposed development is “out of character with the surrounds - will dominate the site, towering over Villa Manyana”. • “Further crowding of the Blueys Headland is considered inappropriate to maintaining the low-key ‘coastal village nature of development, as stipulated in the draft Mid North Coast Regional Strategy (DoP, 2006) and detailed in outcomes of community consultation for the draft Pacific Palms LES”. Planning comment Refer discussion above in report in Section (a) under the heading ‘NSW Coastal Design Guidelines’. Disputed boundary • “The area of the land bounded by the retaining wall on the site plan that has been relied upon for this Development Application is not owned by the proponent and cannot be used for the proposed development”. As the area “has been occupied and used by our Owners Corporation for a period greater than twenty years… the Owners Corporation holds possessory title over it”. • “Legal advice obtained on our behalf suggests that permissive occupancy applies to the retaining wall on the common boundary that has existed for some thirty years. It appears from this application that the developer intends to reclaim a significant area of disputed land and remove a significant number of trees to allow for driveway access. We ask for the proposed development to be restrained pending resolution of this possessory title”. Planning comment 21 The retaining wall is shown by survey to be on predominantly on the subject land for the length of the south-western boundary. From an on-site inspection, a masonry retaining wall occupies approximately two thirds of the length of the south-western boundary and continues over the north-western boundary into the adjacent property (Villa Manyana). A treated timber retaining wall occupies approximately one third of the length of the south-western boundary and crosses over the boundary at right angles at its south-eastern end into the adjacent property (Villa Manyana). Part of the timber retaining wall is proposed to be removed and a driveway pad is proposed. Trees and shrubs are noted for removal in this area [refer heading ‘Landscaping and trees’ above in Section (b) of the report]. The issue relating to the disputed common boundary with the adjacent property (Villa Manyana) was of issue in the previous proposal for a multiple dwelling development on the subject site under DA 145/2007. Legal advice was obtained at that time regarding the ownership status of the land in question. In summary, the advice stated that under the Real Property Act 1900, until the claimant, i.e. the relevant Owners Corporation of Villa Manyana, is registered as the proprietor of the land claimed, it is not the owner. Council, at that time, wrote to Stacks Law Firm on 20 February, 2007, who were acting on behalf of the Owners Corporation of Strata Plan 10376, advising them that Council intended to proceed with the determination of the development application within 14 days of the letter unless proceedings were instituted to refrain Council from so doing. No record of such has since been received by Council. Further, the objectors to the subject application have not provided any documentary evidence that the land in question has since that previous application been registered to a strata plan within the Villa Manyana complex. As well, the applicant’s most recent survey dated 13 October, 2008, still identifies the retaining wall on the land, the subject of this application. As such, it is considered that Council can determine the application as submitted. An appropriate condition of consent is contained within the Recommendation of the report to ensure that the treated timber retaining wall, where it crosses the south-western boundary is made good at the boundary and no work is undertaken on the adjoining Villa Manyana property. Property values • Loss in property value to units in Villa Manyana due to a significant loss of amenity, in particular, the proposal “would cause a significant drop in the value of properties in the two blocks of units so close to the proposed building”. Planning comment Loss in property value is not a relevant planning consideration under the Environmental Planning and Assessment Act. Notwithstanding, no demonstrable evidence has been provided to support this statement, such as valuations by a quantity surveyor based on a ‘before and after’ scenario. Further, it is not considered that there is no direct significant or substantial amenity impact to surrounding residents to sustain the objection on this ground. Driveway • “The driveway to Banksia Street appears to cut in front of Villa Manyana because of the location of the drainage easement, a power pole and possibly other services. Inspection of the property will reveal a large portion of our landscaped garden will be removed for a new driveway”. • The driveway meets “the road at about 45°” and “fails to comply with the 90° provision” of DCP 30. “The driveway is right on the boundary and the car parked 4m from Villa Manyana block will ruin the privacy, outlook and amenity. The proposed visitor parking spot currently supports a grove of mature Kentia palms and Coastal banksias which would be destroyed if this proposal goes ahead. To avoid this…would be to put the visitor parking on the opposite side over the drainage easement and leave the palms and trees in place as a natural barrier”. 22 Planning comment Issues relating to the driveway location in Banksia Street are subject to comment from Council’s Transport Assets Branch and are discussed above in Section (b) of the report under the heading “Access and Parking”. An appropriate condition of consent is contained in the Recommendation of the report such that the driveway is to be of a straight alignment and at right angles to the road carriageway in Banksia Street. The Telstra and MidCoast Sewer pits if required to be adjusted and the power pole relocated, are all at the developer’s expense. No work is proposed within the allotment boundaries of Villa Manyana and this is reinforced by an appropriate condition of consent. It is recommended, however, that the driveway design internal to the site off Banksia Street is adjusted to allow an increased setback to the (southwestern) boundary immediately adjacent to the driveway and the existing palms within this area (refer to heading of “Ecology” under Section (b) of the report are transplanted back into this area after the driveway slab is constructed. This will maintain some of the existing landscape setting along the common boundary with Villa Manyana. Stormwater and beach erosion • “Water run-off from this development will result in further pressure on the stormwater drain at Blueys northern end and increase beach degradation”. • Overdevelopment of the site due to “the amount of the site occupied by this development proposal… Pacific Palms an in particular the beaches area is know for the small nature of development and the casual atmosphere by locals and visitors alike. The practice of over development will ultimately make visitors look further afield”. • “The danger this increase of roof area will create erosion and further damage Blueys Beach… It is time Council insisted on large retention tanks for future developments that will eventually drain to our beaches”. Planning comment Issues relating to stormwater disposal and coastal erosion are discussed above in Section (b) of the report under the relevant headings. These matters have been appropriately dealt with by a deferred commencement condition of consent for geotechnical recommendations for site drainage, including an infiltration system. Strata Act • The proposal must conform to the Section 37(1)(b)(vi) and Section 37(7)(a) of the Strata Schemes (Freehold Development) Act 1973 and as such Council should not grant consent. Under Section 37(1)(b)(vi), Council must be satisfied that proposed subdivision “will not interfere with the existing or likely future amenity of the neighbourhood”. Under Section 37(7)(a), Council must consider the measures to protect people and those measures to restrict the spread of fire to other buildings nearby”. • “If the development goes ahead the amenity at Villa Manyana is severely diminished”. Additionally “the site is very steep and the development is so large that a fire could spread very rapidly from the lower levels to the upper house”. Planning comment Clause 37 of the Strata Schemes (Freehold Development Act 1973 requires a local Council to consider certain matters prior to the issue of a strata certificate. Section 37(7)(a) only relates to the issue of a strata certificate where “no relevant development consent is in force or is required” and is therefore not applicable. Clause 37(1)(b)(vi) requires Council to consider the “circumstances of the case and the public interest” and for Council to be “satisfied that the subdivision to which the plan relates will not interfere with the existing or likely future amenity of the neighbourhood:. Amenity impacts have been discussed above in report and are not considered to be sufficiently significant to sustain refusal of the application. The ‘public interest’ is discussed in Section (e) of the report below. Issues relating to fire safety are compliance matters under the Building Code of Australia, which are assessed as part of a necessary construction certificate application. 23 (e) The public interest Mid North Coast Regional Strategy The Mid North Coast Regional Strategy is the NSW Government's 25-year strategy for sustainable development, to guide local planning for settlement growth in the eight local government areas of Clarence Valley, Coffs Harbour, Bellingen, Nambucca, Kempsey, Port Macquarie-Hastings, Greater Taree and Great Lakes. Forster Tuncurry is identified as a major town in the Strategy. The Strategy aims to protect high value environments; provide the supply of new residential land in the right locations in response to population increases, while assisting with housing affordability, as well as ensuring an adequate supply of employment land to support an additional 48,500 jobs for new and existing residents; encourage the growth and redevelopment of the Region’s four major regional centres and six major towns; and protect the coast and the character of coastal villages. The Strategy is supported by the ‘North Coast Urban Design Guidelines’, which is a publication designed to assist councils in determining planning responses to maintain settlement character and management of settlement growth in an environmentally, economically and socially sustainable manner. In consideration of the settlement growth guidelines, the proposal is consistent with the principles of consolidating growth within existing settlements rather in order to limit further outward expansion. Additionally, the landscape plan is to utilise local native plant species to integrate the proposed development with the local climate, topography and natural vegetation. The proposal reinforces the existing subdivision pattern with dwellings that address both Headland Road and Banksia Street. The new dwelling is of simple composition, stepped with the site topography and will not be inconsistent with the character of the surrounding area. Draft Development Control Plan No. 39: Pacific Palms - Elizabeth Beach, Blueys Beach & Boomerang Beach Draft Development Control Plan No. 39: Pacific Palms (Draft DCP 39) has been adopted by Council for public exhibition. As such it gives a clear intent of the planning direction for Pacific Palms but carries no determinative weight as a planning instrument. The Draft DCP provides a series of controls that include FSR; height; density; site cover; landscaping; setbacks; cut and fill; solar access; and car parking. Table 2 below lists the key numerical provisions of these controls for comparison purposes for the proposal. Table 2: Draft DCP key numerical provisions Control Numerical provision FSR Density 0.4:1 (max) 2 450m per dwelling Landscaping 50% (min) of site landscaped with native vegetation at grade 40% (max) and any single detached building: 2 • 150m where building height < 4.5m above ground level 2 • 120m where building height > 4.5m Site cover 2 Outdoor living space 24m Height 8.5m (max) dwelling 5.1m for decks or verandahs where slope > 1:6 4.5m -6m dwelling Front setback 6.5m garages and carports Proposed 0.44:1 2 Strata subdivision of 814m lot2 required lot size = 900m 42% (approx) All landscaping to be native species 50% (approx) 2 231m (approx) - Existing dwelling New dwelling: 2 attached elements: 2 2 77.9m + 150m (approx) 2 62m – existing dwelling 2 57m – new dwelling 4.35m (max) new dwelling 4.1m (max) terrace No change to existing dwelling 14.8m (min) – new dwelling 4.2m (approx) – new Headland Rd 8.4m – garage Banksia St carport 24 Side setbacks Excavation Solar access Fences Car parking 1.5m plus formula = 1.58m New dwelling 6.4m (north-west/south-west) 4.5m (east/south-east) 1.5m Garage 3.5m (south-east) 1.5m Carport 1.44m (north-west) 1.2m (max) for dwelling 0.6m (max) retaining walls and terraces 2 hours sunlight to living and open space of adjacent dwellings at 22 June None within front setback of primary street frontage 1.8m (max) behind building line One covered car space per dwelling 2.5m (approx) 1.85m (approx) Complies No new front fences proposed 2 covered spaces per dwelling The block size would be considered sub-standard for this type of development under the Draft DCP, however the proposal (as can be seen in Table 2 above), achieves compliance with height, setbacks, outdoor living space and car parking under the Draft DCP. There is an approximate 8% shortfall in landscaping under the Draft DCP, although no landscaping control currently exists for this type of development. There is a minor variation (4%) to the FSR requirements under the Draft DCP and the proposal exceeds the site cover requirements by 10%. In this respect, it should be noted that garages, carports and driveways are included in site cover calculations under the Draft DCP. Given that the circumstances of the case, i.e. that the proposal was lodged prior to the exhibition of the Draft DCP, its general compliance with DCP 30, the relatively low scale of the development (attached dual occupancy) and that there are no substantial amenity impacts that would sustain refusal of the application, it is considered that approval of the proposal is unlikely to interfere with the existing or likely future amenity of the area. CONCLUSION The proposal generally complies with the relevant assessment criteria and subject to appropriate deferred commencement conditions as contained within the Recommendation of this report, it is considered that refusal of the proposal cannot be sustained. RECOMMENDATION: DIRECTOR PLANNING & ENVIRONMENTAL SERVICES It is recommended that: A. Deferred commencement consent be granted under Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 635/2008 for a new dwelling attached to the existing dwelling to create multiple dwellings (2) and strata subdivision at 16 Headland Road, Boomerang Beach (Lot 13 DP 200167), subject to the following deferred commencement conditions:- DEFERRED COMMENCEMENT CONDITIONS The consent will not operate until evidence, as specified in the following deferred commencement conditions, has been submitted to and approved by consent authority and written notice given under Section 100(4)(b) of the Environmental Planning and Assessment Regulation 2000 that the deferred commencement conditions have been satisfied and the date from which the consent operates:A1. A final landscaping plan prepared with reference to the plan entitled “Landscape Concept Plan” by Xanthosia Environmental, dated 15 December 2007, Job No. 061201 and Sheet No. 2 of 2. The final landscaping plan shall predominantly use 25 plants from all vegetative strata, that are locally indigenous and the plan shall specify the details of proposed plantings on the land, including common and botanical names and potential height/spread at maturity. It shall adopt the suggested planting list of the plan entitled “Landscape Concept Plan” prepared by Xanthosia Environmental, dated 15 December 2007, job no. 061201 and sheet no. 2 of 2 and with any additional flora species as required by Council. The plan shall clearly: • • • • • • • • • • Show the details of all earthworks including mounding and retaining walls and the locations, materials, construction methods and finished levels of the land; Show the location of parking and storage areas and the type of material to be used for these areas. It shall demonstrate the use of pervious material in driveway construction to protect the root zones of surrounding trees; Show the locations and styles of fencing on the land; Map the locations of all existing trees with a trunk diameter greater than 100mm that are to be retained on the land; Demonstrate that there shall be effective screening of the development along the south-western of the Lot (the boundaries with Villa Manyana) by the planting and maintenance of at least 4 specimen trees (Tuckeroo and/ or coast Banksia), 18 fast-growing, screening native shrubs (Lilly Pilly, beach Alectryon, Cheese Tree, Blue Lilly Pilly, Blueberry Ash and/ or Coast Teatree) and the retention of 2 existing trees. The above 4 (minimum) specimen tree species shall be specified with a pot supply size of 45 litres. Provide details of species to be planted, their maximum height and canopy spread, planting density (i.e. numbers) and pot supply size, planting procedure and maintenance; Provide details of the methods to protect the trees to be retained from harm during construction. This shall be in the form of an annexure of an arborist’s report that describes the techniques to be adopted to protect all of the trees to be retained and the protection of sufficient areas of their critical root zones from being directly or indirectly negatively affected by any site works, including excavation. This may include a requirement for fencing and marking of trees to be retained; Provide details of the methods to be used to trans-locate the Cabbage Tree Palms from the development footprint to the north-western portion of the lot. Provide details of the methods to be used to trans-locate the existing 4 Palms in the southern corner of the site adjacent to the boundary with No. 13 Banksia Street to a similar position on the site in accordance with an amended design for the driveway slab accessed from Banksia Street that allows sufficient room for these plantings (refer Attachment ‘A’ for an indicate layout of this area). Note: An amended site plan (DWG 750-01A as prepared by Milton Drafting and Design) consistent with the amended driveway slab design shown on the landscape plan is also required as part of the documentation to satisfy this deferred commencement condition of consent. Provide detail to ensure that a net loss of Tuckeroo trees does not result from the development. A2. External colours, materials and finishes of both the new and existing buildings are to blend with the surrounding natural landscape and to be non reflective. This may require the roof materials of the existing dwelling and proposed car port to be upgraded to metal roof sheeting and the balustrade materials of the existing dwelling changed to a more contemporary material or style. All external materials, including glass and roof materials are to be of low reflectivity. Colours to be muted earth toned colours. Details of the proposed external colours, materials and finishes are to be provided by way of a schedule keyed to the building elevations and submitted in accordance with these requirements. A3. Two sets of amended architectural plans with all BASIX commitments for the DA stage shown to correctly show all BASIX requirements for the DA stage. 26 A4. A report from a suitably experienced and qualified professional geotechnical engineer that:(a) Certifies the suitability and stability of the site for the proposed building and all other structures (existing and proposed), including retaining walls, having particular regard to the following:i) Whether there will be possible failure/slumping of the land within the site. The report should include investigations of possible coastal erosion occurring on the northern most portion of Blueys Beach with climate change and sea level rise to the year 2100 (climate change and sea level rise as recommended by the Department of Environment and Climate Change). ii) That excavation and construction can be safely undertaken to the extent and depths required for the purposes of the development with respect to: • • iii) The proposed building and other structures. Should site be identified as subject to possible failure/slumping of the land, the geotechnical engineer shall recommend how the development is to be constructed to structurally withstand the failure/slumping. Neighbouring properties. That following construction of the building work and other structures and carrying out all other works on the site, there will be no risk of damage to: - those buildings and other structures, neighbouring properties, and/or the works as carried out as aforesaid if his/her recommendations and requirements (as stated in his/her report) are observed. The Geotechnical report shall take into account the type of works proposed and shall detail methods of excavation and construction, including details to limit potential vibration emissions and shall demonstrate the suitability of such methods to overcome/avoid structural damage to neighbouring properties and existing trees required to be retained on site. The report shall also identify those neighbouring properties that shall be subject to dilapidation reports. (b) Makes recommendations for the drainage of the site that includes:i) A suitable infiltration system for stormwater runoff from the site (including overflow from the water tank/s) that does not adversely affect the stability of the site and the adjacent properties and includes the following: • The size/volume of the infiltration system to contain stormwater runoff from the site for all storms up to and including the 1 in 10 year Annual Recurrence Interval with an infiltration rate having a minimum safety factor of 2) for the infiltration trench/pit. • The minimum distance of the infiltration system from the proposed dwelling/garage and structures on the development site (and maintaining a minimum 2.1 metres from the side boundaries). 27 ii) • Any other requirements to ensure the infiltration system does not adversely impact on any structures/dwellings within the adjacent properties. • Ongoing maintenance requirements necessary for the property owners to undertake for the stormwater system - particularly the infiltration trench/pit. An absorption pit within the site for any subsoil drainage. Subsoil drainage is not to be charged to Council's table drain and/or underground drainage system. Evidence required to satisfy the above deferred commencement conditions must, in accordance with Clause 95(3) of the Environmental Planning and Assessment Regulation 2000, be submitted to Council within 12 months of the date of this consent. B. Delegation be given to the Director, Planning and Environmental Services to determine satisfactory compliance with the above deferred commencement conditions, and to make the consent to Development Application No. 635/2008 for a new dwelling attached to the existing dwelling to create multiple dwellings (2) and strata subdivision at 16 Headland Road, Boomerang Beach (Lot 13 DP 200167), operational under Section 100(4)(b) of the Environmental Planning and Assessment Regulation, subject to the following conditions under Section 80 (A) of the Environmental Planning and Assessment Act, 1979, as amended:- DEVELOPMENT CONSENT CONDITIONS REFERENCED PLANS: 1. The development must be implemented substantially in accordance with the plans numbered 750-01A, 750-02A, 750-03A, 750-04A, 750-05A, 750-06A, 750-07A, 75008A and Draft Strata Plans numbered 750-01A, 750-02A, 750-03A, 750-04A, all dated 3 November 2008, prepared by Milton Drafting and Design, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans: The following conditions are applied to satisfy the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity: 2. External materials, finishes and colours shall be in accordance with those approved by the satisfaction of Deferred Commencement Condition A2 prior to the issue of the final Occupation Certificate. 3. Landscaping shall be implemented in accordance with the Landscape Plan approved by the satisfaction of Deferred Commencement Condition A1 prior to the issue of the final Occupation Certificate and maintained in accordance with the plan at all times. 4. No work is to be undertaken on any adjoining property. The treated timber retaining wall, where it crosses the south-western boundary at its south-eastern end is made good at the boundary to ensure its stability. 5. Noise from the heat pump water heaters shall not be audible within a habitable room in any other residential premises (regardless of whether any door or window to that room is open): (a) (b) before 8 am or after 10 pm on any Saturday, Sunday or public holiday, or before 7 am or after 10 pm on any other day. 28 6. Noise associated with all mechanical plant and equipment, including heat pumps, water tank pumps and air conditioners shall not be a source of “offensive noise” at the nearest affected residence as defined by the Protection of the Environment Operations Act 1997 at any time: "offensive noise" means noise: (a) (b) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances: (i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or (ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulation. 7. Tree removal for this development shall be restricted to those trees so identified and specified as “tree to be removed/ translocated” on the plan entitled “Site Tree Study” prepared by Xanthosia Environmental, dated 15 December 2007, job no. 061201 and sheet no. 1 of 2. 8. Felled vegetation from the land shall not be burnt, but shall be mulched for use in site landscaping. 9. The driveway shall be constructed of pervious materials to allow surface water infiltration to the root zones of the retained trees. Details of the proposed driveway construction method shall be provided prior to the issuing of the Construction Certificate to Council or the Principal Certifying Authority to demonstrate appropriate formation and construction methods pertinent to this condition. 10. There shall be no clearing, removal, destruction or significant harm to the trees on the land and the surrounding lots that are not approved for removal in the condition above. As such, trees identified as “trees to be retained” on the plan entitled “Site Tree Study” prepared by Xanthosia Environmental, dated 15 December 2007, job no. 061201 and sheet no. 1 of 2, shall be retained and protected from harm during and after construction. Any excavations on the lot for footings or utilities must be conducted sensitively within the drip zone of the trees to be retained. The supporting roots must not be severed and if such features are encountered during the works, hand excavation or boring must be utilised to protect these roots and establish the utilities under existing roots. Any lopping conducted of these trees to permit or facilitate construction shall be undertaken in accordance with the relevant Australian standards for the pruning of amenity trees and shall only be conducted by suitably experienced and accredited arborist. These trees shall be subject to ongoing management by way of Clause 10 of Great Lakes LEP 1996 (the Tree Preservation Order). 11. All four (4) Cabbage Tree Palms of the land shall be translocated under the supervision of a bushland regenerator or horticulturalist north-western side of the site prior to the issuing of the Construction Certificate. Trans-located Cabbage Tree Palms shall be nurtured and replaced if lost and shall be subject to ongoing protection by way of Clause 10 of Great Lakes LEP 1996 (the Tree Preservation Order). 12. All Bitou Bush and Lantana shall be suppressed and controlled on the site. 13. No introduced lawn grasses shall be established anywhere on the Lot. 29 The following condition/s have been applied to ensure that the development complies with the provisions of the Environmental Planning and Assessment Act and Regulations and Policies of Council: 14. A dilapidation report for those properties identified by the Geotechnical Report approved in satisfaction of Deferred Commencement Condition No. A2 shall be prepared by a professional engineer or suitably qualified and experienced building surveyor and shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, garages, carports, verandahs, fences, retaining walls, swimming pools, and driveways, etc) located upon those identified premises. 15. The proposed development, inclusive of the existing building shall comply with the requirements of a Class 2 Building as defined in the Building Code of Australia. 16. Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000. 17. The building works are to be inspected during construction, by the principal certifying authority (or other suitably qualified person on behalf of the principal certifying authority subject to the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000) to verify compliance with this consent and the standards of construction detailed in the Building Code of Australia. Inspections shall be carried out as required by Section 162A of the EP&A Regulation 2000. 18. It is a condition of approval that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA). 19. Structural drawings prepared by a suitably qualified and experienced structural engineer in accordance with the requirements of the Geotechnical Report approved in satisfaction of Deferred Commencement Condition No. A4(a) shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate. The plans shall detail: a) b) c) All reinforced concrete floor slabs and/or beams or raft slab (having due regard to the possible differential settlement of the cut and fill areas. Footings of the proposed structure. Structural steel beams/columns. Where it is proposed to use driven timber piles as part of any building footing system, the following certification from a professional engineer shall be provided prior to a footing inspection: i) ii) 20. The durability class (and/or chemical treatment grade) of all piles used within the footing system; and That the driven piles have achieved the required bearing capacity. A sign is required to be erected in a prominent position on any work site on which building or demolition work is being carried out. The sign shall indicate: (a) (b) (c) The name, address and telephone number of the principal certifying authority for the work. The name of the principal contractor and a telephone number at which that person may be contacted outside of working hours. The sign must state that unauthorised entry to the work site is prohibited. 30 Any such sign is to be removed when the work has been completed. 21. Toilet facilities are to be provided at the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site: a) b) Each toilet provided must be a standard flushing toilet and must be connected to MidCoast Water’s sewer; and The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced. 22. Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the principal certifying authority that they have complied with the applicable requirements of Part 6. 23. Building work that involves residential building work (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority: (a) in the case of work to be done by a licensed contractor: (i) has been informed in writing of the licensee’s name and contractor number; and (ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act (in relation to insurance policies); or (b) in the case of work to be done by any other person: (i) has been informed of the person’s name and owner-builder permit number; or (ii) has been given a declaration, signed by the owner of the land, that states that the market cost of the labour and materials involved in the work does not exceed $5,000. 24. All excavations and backfilling are to be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and protected to prevent them from being dangerous to life or property. 25. Retaining walls or other approved methods of preventing movement of the soil must be provided if the soil conditions require it and adequate provisions made for drainage. Where retaining walls exceed one (1) metre in height, Engineers details must be submitted to and approved by the Principal Certifying Authority. 26. If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: a) b) c) must preserve and protect the building from damage. if necessary, must underpin and support the building in an approved manner. must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. 31 In this clause, allotment of land includes a public road and any other public places. 27. Public access to the site and building works, materials and equipment on the site is to be restricted, when building work is not in progress or the site is unoccupied. The public safety provisions must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction. 28. All demolition work is to be carried out in accordance with the provisions of Australian Standard AS2601-1991 : The Demolition of Structures, as in force 1 July 1993. All utility services are to be disconnected to the requirements of the relevant authorities. 29. All asbestos waste is to be removed, handled, transported and disposed of in accordance with the requirements of WorkCover. 30. There is to be no encroachment of the structure/s (including roof guttering or footings) onto the adjoining premises or onto Council’s footway/road reserve. 31. Building materials, sand or waste materials shall not be placed on the footway or road reserve at any time. 32. A ‘Waste Management Plan’ must be prepared using Council’s prescribed format and approved by Council’s Waste Management Coordinator prior to issue of a Construction Certificate for all developments where: c) d) any demolition occurs; and / or development is larger than a single dwelling or dual occupancy. 33. A Certificate of Compliance from MidCoast Water stating that satisfactory arrangements have been made and all payments have been finalised for the provision of water supply and sewerage to the development shall be provided to the certifying authority prior to the issue of any construction certificate. 34. The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times in accordance with Council’s Erosion and Sediment Control Policy. 35. Measures shall be applied to prevent site vehicles tracking sediment and other pollutants onto any sealed roads serving the development. 36. To minimise soil erosion, the following measures shall be implemented in the sequence outlined: a) Approved runoff and erosion controls shall be installed prior to clearing of site vegetation (other than that associated with the construction of the controls). These shall be as shown on an Erosion and Sediment Control Plan approved by Council. b) Topsoil shall only be stripped from approved areas and shall be stockpiled for re-use during site rehabilitation and landscaping. c) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage line or easement, natural or artificial water body, footpath, kerb or road surface and shall have measures in place to prevent the movement of such materials onto the areas mentioned. 32 d) Uncontaminated runoff shall be intercepted upsite and diverted around all disturbed areas and other areas likely to be disturbed. Diversion works shall be adequately stabilised. e) Runoff detention and sediment interception measures shall be applied to the land. These measures will reduce flow velocities and prevent topsoil, sand, aggregate, road base, spoil or other sediment escaping from the site or entering any downstream drainage easements or natural or artificial water bodies. f) The stormwater pollution prevention works shall be done in accordance with Landcom’s “Soils and Construction Volume 1 Manual, 4th Edition, March 2004 Managing Urban Stormwater” (Blue Book) 37. All disturbed areas shall be rendered erosion-resistant by turfing, mulching, paving or otherwise suitably stabilised within seven (7) days of completion. Details are to be submitted with the Erosion and Sediment Control Plan. 38. A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service. Note that this condition has been applied so that the applicant/contractors are aware of and take measures to protect the utility services within and adjacent to the site during the construction and excavation works. 39. The applicant must meet the full cost for any utility services (e.g. Telstra, Optus, Country Energy or MidCoast Water etc) to adjust/repair/relocate their services as required. The applicant must make the necessary arrangements with the service authority. Note that the MidCoast Water and Telstra pits in Banksia Street will need to adjusted for the new driveway levels and then be certified by that authority stating that it has been suitably reconstructed to their requirements and that each pit will be capable of traffic loads. 40. All adjustments to existing utility services made necessary by the development are to be undertaken at the developer’s expense. Should a public utility authority require the construction of an above ground fixture (e.g. electrical substation), such fixtures shall be constructed at an appropriate location within the development site. 41. Prior to the issue of an occupation certificate, the developer shall construct driveways and dish gutter crossings from Headland Road and Banksia Street. All work is to be at the developer’s expense and completed in accordance with the Driveway Levels issued by Council, and the following: a) Footpath crossing in Headland Road shall be constructed:i) ii) iii) iv) v) In concrete over the footpath, at right angles to the road carriageway. 6.1m wide driveway at the property boundary. 3.5 metres wide at the road carriageway. A minimum of 1.0 metres from the power pole. With a 150 mm barrier kerb and a balustrade/handrail around the open sides of the carport and extending along the north western side of the carport driveway to the front boundary. Balustrade/handrail in accordance with BCA requirements. 33 vi) b) Footpath crossing in Banksia Street shall be constructed:i) ii) ii) iv) v) c) With the following street trees (located adjacent to the driveway) removed for sight distance requirements:• Acacia Wattle; • Leptospermum Tea Tree With a permeable paving (or equivalent to allow maximum infiltration of stormwater runoff to ground) over the footpath. 3.1m wide driveway centrally at the property boundary (equally 0.6 metres from the adjacent property boundaries). 4.5 metres at the road carriageway. With a straight alignment and at right angles to the road carriageway in Banksia Street. The Telstra and MidCoast sewer pits in the resultant driveway in Banksia Street are to be adjusted in levels and reconstructed for vehicular loadings. The power pole in Banksia Street shall be relocated so that it is a minimum of 1.0 metres from any driveway, and to Country Energy’s requirements. 42. Prior to either occupation or the final inspection, the certifying authority shall submit to Council a copy of a letter from Country Energy stating that the above works for the relocation of the power pole have been carried out to their conditions and satisfaction. 43. A storm water plan in accordance with the recommendations of the geotechnical report approved in the satisfaction of Deferred Commencement Condition No. A4(b) shall be submitted to the certifying authority for approval prior to the issue of any construction certificate. 44. Prior to the issuing of an Occupation Certificate, a work-as-executed plan for the site storm water shall be prepared and signed by a suitably experienced and qualified engineer and submitted to the certifying authority and Council (if Council is not the certifying authority). The engineer is to inspect the drainage works (and any other works as shown on the approved storm water plan) ensuring that such works have been constructed in accordance with the approved plan and in a workmanship manner. The work-asexecuted plan must detail the following information: a) b) 45. The location of the infiltration/detention basin with finished surface levels and volume of storage available etc. The outlet pipe from the infiltration/detention basin to its connection with Council’s drainage system including: i) pipe diameter; ii) gradient; iii) pipe material i.e. PVC or EW etc; iv) orifice size (if applicable). The creation or obtaining of the following easements/reserve by the developer at no cost to Council: a) Easements to drain sewerage in favour of MidCoast Water over existing and necessary sewer mains and associated works. Details of the above are to be indicated on the final subdivision plan and copies of any respective Sec 88B Instruments are to be submitted with the application for a subdivision certificate. 34 46. Submission of a Damage Bond Application Form and payment of a bond in the amount of $2,010, payable for the purpose of funding repairs to any damage that may be occasioned to Council assets by activities/works associated with the construction of the development approved by this consent and ensuring Council standards and specifications are complied with. The bond shall be paid to Council prior to the issue of any Construction Certificate that may be issued for any component of the development. Note: The bond will be considered for refund by Council’s Engineering Services Division when an application for occupancy of the development or release of subdivision is lodged. A fee will be deducted from the bond to cover administration costs as follows: a) $110.00 for developments up to $400,000; The Damage Bond is reviewed periodically and therefore the fee and bond amount payable shall be determined from Council’s current fees and charges document at the time of lodgement of the Damage Bond. 47. Prior to the final inspection or issue of the occupation certificate, one (1) street tree, being a Callistemon Viminalis Hanna Ray Bottlebrush shall be planted within the Council nature strip in Headland Road. The minimum plant pot size is to be 250mm. The tree is to be maintained and cared for over a period of 12 months. Details of the location of the street tree is to be approved by Council’s Tree Management Officer in accordance with the following requirements:i) ii) iii) iv) Kept clear of underground public utility services (utility services are to be shown on the detailed design plan). Located not to impeded/reduce sight distance of drivers of vehicles entering/exiting the site. Planted with a suitable 450mm deep root barrier. Planted in accordance with Council Standard Drawing 172. 48. There is to be no construction and/or demolition works, including deliveries on or to the site prior to 7.00 am or after 6.00 pm Monday to Friday, prior to 8.00 am and after 6.00 pm Saturday, and prior to 9.00 am and after 4.00 pm Sunday. 49. The premises shall not be occupied until all conditions of this consent have been complied with and an occupation certificate has been issued in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000. 50. Individual mail box for the each dwelling shall be located so as to be on the front property alignment adjacent to the driveway entry, one on the Headland Road frontage and one on the Banksia Street frontage. Details to be provided to the certifying authority prior to the occupation certificate. 51. Street numbering must be provided in a prominent position, to the satisfaction of Council. 52. All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the building. 53. Power supply and telecommunications cabling to the development shall be underground. 54. In accordance with Section 80A (11) of the Environmental Planning and Assessment Act, 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 35 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled. 55. All site works shall comply with the occupational health and safety requirements of WorkCover NSW. 56. Prior to Council or the certifying authority endorsing the strata subdivision linen plan, the development is to be fully completed in accordance with the plans and conditions of Notice of Determination No 635/2008 and the building fully compliant with the Building Code of Australia. 57. In accordance with Section 94 of the Environmental Planning and Assessment Act 1979, a monetary contribution shall be paid to Council prior to the issue of a Construction Certificate. The services and facilities for which the contributions are levied and the respective amounts payable under each of the relevant plans are set out in the following table: Code Contributions Plan Facility quantity unit rate amount GLW-04 Great Lakes Wide Library Bookstock 2.2 persons @ $63.77 = $140.29 GLW-07 Great Lakes Wide Headquarters Building 2.2 persons @ $191.72 = $421.78 GLW-05 Great Lakes Wide s94 Admin 2.2 persons @ $61.04 = $134.29 GLW-01 Great Lakes Wide Rural Fire Fighting 2.2 persons @ $545.20 = $1,199.44 PPOS01 Open Space Pacific Palms Acquisition 2.2 persons @ $1,101.73 = $2,423.81 PPOS02 Open Space Pacific Palms Embellishment 2.2 persons @ $112.65 = $247.83 GLW-08 Road Haulage 180 tonnes @ $0.032 = $57.60 Total $4,625.04 Contribution rates are subject to indexation. The rates shown above are applicable until 30 June following the date of consent. Payment made after 30 June will be at the indexed rates applicable at that time. The Contributions Plan and the Standard Schedule for Section 94 Plans may be viewed on Council’s web site www.greatlakes.nsw.gov.au or at Council’s offices at Breese Parade, Forster. 36 ANNEXURE 'A' 37 38 39 40 41
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