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