8.2 DA0101/2020 - 23 Lot Residential Subdivision and Boundary Adjustment (3 Lots Into 2), Bombira

MID-WESTERN REGIONAL COUNCIL  ORDINARY MEETING - 18 MARCH 2020 50 REPORT 8.2

8.2 DA0101/2020 - 23 Lot Residential Subdivision and Boundary Adjustment (3 Lots into 2), Bombira

REPORT BY THE SENIOR PLANNER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, DA0101/2020

RECOMMENDATION

That Council:

A. receive the report by the Senior Planner on DA0101/2020 - 23 Lot Residential Subdivision and Boundary Adjustment (3 Lots into 2), Bombira ;

B. approve DA0101/2020 - 23 Lot Residential Subdivision and Boundary Adjustment (3 Lots into 2), Bombira be approved subject to the following conditions and statement of reasons:

CONDITIONS

APPROVED PLANS

1. Development is to be carried out generally in accordance with stamped plans

o Drawing Reference BK610 sheets 1 & 2 of 4 dated 14.02.2020

and the Application received by Council on 17 October 2019 except as varied by the conditions listed herein.

Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application.

GENERAL

2. This approval provides for the subdivision of the land only over two (2) stages. No physical work or approval is provided by this consent for the release of any easements or proposed new easements over private land.

3. The developer shall ensure that the road names within the subdivision are updated in accordance with the requirements of the Geographical Names Board of NSW and Council’s Property and Revenue Department. Early contact shall be made with Council to formalise the road names for the subdivision noting the process can be a minimum of 6 months.

Note: This condition relates to the need for an amendment to “Paige Circuit” shown as a cul-de-sac on the Stage 2 plan.

4. The subdivision works are to be inspected by the Council (or Accredited Certifier on behalf of Council) to monitor compliance with the consent and the relevant standards of construction encompassing the following stages of construction: (a) Installation of sediment and erosion control measures (b) Water and sewer line installation prior to backfilling

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(c) Establishment of line and level for kerb and gutter placement (d) Road pavement construction (e) Road pavement surfacing (f) Practical completion

All works are to be constructed at the full cost of the developer, in a manner consistent with Aus-Spec #1 and Council’s standard drawings.

5. No structures or earthworks are permitted to encroach within any easements for the purposes of utility infrastructure as specified in Council’s Development Control Plan 2013.

6. The adjustment of existing services or installation of new services and meters, as required, in compliance with Australian Standard 3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer. 7. All demolition works are to be carried out in accordance with AS 2601-2001 “Demolition of structures”, with all waste being removed from the site. Hazardous waste such as asbestos cement sheeting etc, should be handled, conveyed and disposed of in accordance with guidelines and requirements from SafeWork NSW. Disposal of asbestos material at Council’s Waste Depot requires prior arrangement for immediate landfilling.

8. The only waste derived fill material that may be received at the development site must be:

a) Virgin excavated natural material, within the meaning of the Protection of the Environment Operations Act 1997; and

b) Any other waste-derived material the subject of a resource recovery exemption under cl.91 of the Protection of the Environment Operations (Waste) Regulation 2014 that is permitted to be used as fill material.

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE (STAGE 1 BOUNDARY ADJUSTMENT ONLY)

9. A linen plan and two (2) copies are to be submitted to Council for approval and endorsement by the General Manager.

Note: Under the Environmental Planning & Assessment Act, 1979, a Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Registry Office. Council’s fee to issue a Subdivision Certificate is set out in Council’s fees and charges.

10. Three metre wide easements, including associated Section 88B of the Conveyancing Act 1919 instruments, are to be created in favour of Council over any existing easements or newly constructed water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.

Note: where an easement is proposed or to be released over private land for the purpose of servicing the subdivision, Council will require landowner’s signatures to be obtained on the 88B prior to lodgement with Council.

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11. Easements which exist over the land which are required for servicing or access to benefit Council shall not be released unless otherwise endorsed by Council.

PRIOR TO ISSUE OF THE SUBDIVISION WORKS CERTIFICATE (STAGE 2) 12. A Subdivision Works Certificate is required for but not limited to the following civil works; o Water and sewer main extensions o Roads, including concrete kerb o Stormwater drainage such as inter-allotment drainage and detention basins o Footpath o Landscaping of public reserves

No works can commence prior to the issue of the Subdivision Works Certificate.

Note: Additional permits and approvals may also be required under other legislation, e.g. Plumbing and Drainage Act 2011, and Plumbing and Drainage Regulation 2017 for water and sewer infrastructure works.

13. All finished surface levels shall be shown on the plans submitted for the Subdivision Works Certificate. Where it is proposed to import fill, including to backfill the existing dam over proposed Lot 1, the material shall be certified as free of hazardous materials and contamination by a suitably qualified geotechnical engineer. Fill placed in residential or commercial lots shall be compacted in accordance with AS3798-2007 Guidelines on Earthworks for Commercial and Residential Developments.

14. Prior to the issue of a Subdivision Works Certificate a detailed engineering design, specifications, supporting documentation / reports and calculations, and schedules are to be submitted to and approved by Council. The engineering design is to comply with the technical and performance requirements of Council’s Development Control Plan and the Standards referenced within Appendix B and D of that document. Detailed documentation including, but not limited to the following matters, must be submitted with the detailed design. These documents must include runoff calculations.

15. Prior to the issue of a Subdivision Works Certificate the Applicant must provide a fully detailed Stormwater Drainage Report and Design for approval by Council that provides for control and treatment of stormwater runoff generated by future residential development of the land. The report must demonstrate that proposed detention arrangements do not increase the rate of discharge of stormwater runoff from the site beyond the existing undeveloped state for a storm event up to and including a 1:100 year ARI event. Methods of stormwater detention must be included in the design to ensure that the rate of stormwater runoff flows from the development do not exceed the volume and rates generated by a 1:5 year ARI storm event from the undeveloped site.

Note: The Stormwater Drainage Report should, where necessary, include provisions for dwelling development on each allotment to provide for temporary detention storage of up to 2,000 litres in addition to any BASIX requirements for storage and re-use.

16. Prior to the issue of a Subdivision Works Certificate the Applicant must arrange for

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the necessary consents for the creation of easements for the drainage of stormwater over ‘Existing Drainage Channel’ on proposed Lot 56 and any other downstream allotments that may be affected. All easements and any necessary drainage upgrades must extend to an approved discharge location. Documentation for the registration of Easements on titles must include appropriately worded encumbrances, Restrictions as to User or other instruments deemed necessary to ensure the ongoing maintenance and function of the infrastructure to prevent restriction of flows and potential inundation of adjacent land. Additional requirements may also include provision for, and ongoing maintenance of, open type wire mesh fencing on each boundary crossing the swale for the width of the swale.

17. Prior to issue of a Subdivision Works Certificate, Council shall be provided with an updated phase 1 contamination report for Lot 1 and 2 DP 118576, incorporating testing around the former farm outbuilding to confirm that the site is suitable for residential development.

18. Prior to issue of a Subdivision Works Certificate, a landscaping plan shall be provided to and approved by Council which includes details of proposed trees to be retained and new plantings as required by the Mid-Western Regional Development Control Plan 2013 (two street trees per lot). Consideration must be given to the existing and proposed new easements for water, sewer and stormwater infrastructure to ensure plantings do not obstruct or damage infrastructure.

19. A detailed engineering design supported by plans, and an “Autocad compatible” Plan, (in dwg format including pen-map), material samples, test reports and specifications are to be prepared in accordance with AUS-SPEC #1 (as modified by Council) and the conditions of this development consent.

20. An Erosion and Sediment Control Plan for the development is to be prepared and implemented in accordance with the LANDCOM guidelines and requirements as outlined in the latest edition of “Soils and Construction – Managing Urban Stormwater”. Points to be considered include, but are not limited to:

o drainage reserves are to be turfed; o single strip of turf to be laid behind kerb and gutter; o saving available topsoil for reuse in the revegetation phase of the subdivision;

o using erosion control measures to prevent on-site damage; o rehabilitating disturbed areas quickly; o maintenance of erosion and sediment control structures; o a schedule of operations is to be submitted to ensure all appropriate works are undertaken at the correct stage.

21. Any registered easements or restrictions applicable to the site are to be removed from the title prior to the issue of Subdivision Works Certificate for that stage to which the easement or restriction may apply.

22. Prior to the issue of a Subdivision Works Certificate a Traffic Control Plan (TCP) completed by a “Certified Person” for implementation during works is to be submitted to Council. All requirements of the Traffic Control Plan must be put in place and implemented prior to any work commencing.

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23. Prior to the issue of the Subdivision Works Certificate, Council is to be provided with the certified copies of the Electrical and Telecommunications distribution network design for the subdivision.

PRIOR TO THE COMMENCEMENT OF WORKS

24. Prior to the commencement of any works a copy of the Contractor’s public liability insurance cover for a minimum of $20,000,000 (Twenty million dollars) is to be provided to Mid-Western Regional Council. Mid-Western Regional Council is to be indemnified against any works carried out by the contractor.

25. The applicants shall, at their own expense, engage a registered surveyor to relocate any survey mark that may be disturbed by the development or any associated work. Any information regarding relocation should be supplied to the Land Titles Office and Council.

26. Prior to commencement of works, the submission of updated street/road names in order of preference, for the proposed new roads within the subdivision, are to be submitted to Council for approval.

27. Prior to development the applicant shall advise Council’s, in writing, of any existing damage to Council property before commencement of works. The applicant shall repair (at their own expense) any part of Council’s property damaged during the course of this development in accordance with AUS-Spec #1/2 (as modified by Council) and any relevant Australian Standards.

28. All works are to be constructed at the full cost of the developer, in a manner consistent with Aus-Spec #1 and Council’s standard drawings.

29. Prior to the commencement of subdivision works, the following actions are to be carried out;

o A site supervisor is to be nominated by the applicant; o Council is to be provided with two (2) days’ notice of works commencing.

DURING SUBDIVISION CONSTRUCTION WORKS

30. Construction work noise that is audible at other premises is to be restricted to the following times:

a) Monday to Saturday - 7.00am to 5.00pm

No construction work noise is permitted on Sundays or Public Holidays.

31. The subdivision works are to be inspected by the Council (or an Accredited Certifier on behalf of Council) to monitor compliance with the consent and the relevant standards of construction, encompassing the following stages of construction:

• Installation of sediment and erosion control measures • Water and sewer line installation prior to backfilling • Vacuum / pressure testing of all water and sewer mains • Stormwater drainage pipe installation prior to backfilling • Proof roll inspection of sub-grade prior to placement and compaction of sub-base

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• Proof roll inspection of sub-base prior to installation of concrete kerb • Proof roll inspection of compacted sub-base prior to placement of base course • Proof roll inspection of compacted base prior to sealing • Practical completion

In addition to proof roll inspection, compaction testing may also be required.

32. If any aboriginal artefacts are uncovered or identified during construction earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified.

Note: A suitably qualified person is required to be present during earthworks to identify whether any artefacts were uncovered.

33. If unexpected soil contaminants are discovered during works which has the potential to alter previous conclusions regarding site contamination; work must cease and Council or NSW Environmental Protection Authority must be notified immediately.

The contaminated land situation is to be evaluated by a supervising environmental consultant and an appropriate response determined in consultation with the developer, which is agreed to by Council.

Note: Council may also request that a NSW Environmental Protection Authority accredited site auditor is involved to assist with the assessment of the contaminated land situation and review any new contamination information. The developer must also adhere to any additional conditions which may be imposed by the accredited site auditor.

34. The development site is to be managed for the entirety of work in the following manner:

a) Erosion and sediment controls are to be implemented to prevent sediment from leaving the site. The controls are to be maintained until the development is complete and the site stabilised with permanent vegetation; b) Appropriate dust control measures including suppression at all times; c) Toilet facilities are to be provided on the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

35. Any necessary alterations to, or relocations of, public utility services to be carried out at no cost to Council and in accordance with the requirements of the relevant authority including the provision of easements over existing and proposed public infrastructure.

36. Any soil / water retention structures are to be constructed prior to the bulk stripping of topsoil, to ensure sediment from the whole site is captured.

37. All earthworks, filling, building, driveways or other works, are to be designed and constructed (including stormwater drainage if necessary) so that at no time will any ponding of stormwater occur on adjoining land as a result of this development.

38. Fill placed in residential or commercial lots shall be compacted in accordance with

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AS3798-2007 Guidelines on Earthworks for Commercial and Residential Developments.

39. The developer is to grant Council unrestricted access to the site at all times to enable inspections or testing of the subdivision works.

40. No construction traffic (including trucks and light vehicles) is permitted to occur via Moggs Lane and Robert Hoddle Grove into the subdivision.

INFRASTRUCTURE

Stormwater Drainage

41. The Developer must provide for the design and construction of all stormwater drainage infrastructure to service the development including a proportional contribution determined by relative catchment areas for the upgrade of any existing downstream features.

42. Drainage design must ensure that no stormwater runoff is permitted to discharge over adjoining properties other than at approved locations and methods of disposal. Discharge of runoff onto adjoining properties and any works associated with the control of stormwater discharge over any adjoining property must not occur without the consent of the owner of any affected property.

43. All internal roads shall comprise roll back concrete kerb and gutter. Sub-surface drainage is required where gutter flows exceed 2.5m width during minor events (1 in 5yr ARI). If required, sub-surface drainage shall be located behind the kerb.

44. Inter-allotment drainage is to be provided to remove stormwater from any lots that cannot discharge to the street in accordance with Aus Spec #1. Easements not less than 3 metres wide shall be created over inter-allotment drainage in favour of upstream allotments.

45. One (1) roof-water outlet per allotment is to be provided in the kerb and gutter 2m from the downhill boundary at the time of the installation of the kerb and gutter.

ROADS

46. The internal roads within the subdivision must be designed and constructed to the following standards:

Item Requirement Full Road 9m (2 x 3m travel lanes) Pavement Width Nature Strip 2 x 4.5m Concrete 1.2m Footpaths Seal Two-coat flush seal -14/7 mm (Double/ Double) as required Kerb & Gutter Roll back concrete kerb & gutter Subsoil Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections.

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To be installed behind kerb

47. All road crossings for services and utilities are to cross perpendicular to the road alignment and must be installed prior to the commencement of construction of base course and kerb and channel.

48. The finished surface of all nature strips and verges must be graded to fall toward the kerb and channel and formed with a minimum 100 mm thick layer of clean topsoil free of stones and other impurities. Nature strips and verges are to be seeded or hydro-mulched with an approved grass prior to the issue of a Certificate of Practical Completion.

49. The submission to Council of engineering design plans for any road works shall include pavement and wearing surface investigation and design.

50. All electrical, telecommunication and water service crossings are to be perpendicular to the road centreline and performed prior to the addition of the base course and installation of kerb and gutter.

51. All stormwater, water and sewer main infrastructure road crossings must be installed prior to the addition of the base course and installation of kerb and gutter.

52. All water mains and associated fittings/valves should not be installed underneath a concrete structure such as the footpath.

53. All required earthworks for roads associated with the subdivision must have compaction testing in compliance with RMS Q4 and AUS-SPEC CQS-A.

54. Street signs necessitated by the subdivision are to be installed in accordance with Aus-Spec #1 and Council standards.

55. The proposed internal road network should have sufficient width to accommodate the turning paths for service vehicles (e.g. rubbish collection and removalist vehicles). Particular attention should be given to cul-de-sac finishing points.

WATER AND SEWER

56. Three metre wide easements, including associated Section 88B of the Conveyancing Act 1919 instruments, are to be created in favour of Council over any existing or newly constructed water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.

Note 1: where an easement is proposed over private land for the purpose of servicing this subdivision, Council will require evidence that the easement has been created prior to release of the Subdivision Works Certificate.

Note 2: Section 88B documentation, where required, for Stage 2 will also be required to ensure temporary detention of stormwater runoff from dwelling development on each allotment is provided and maintained in accordance with Council requirements.

57. The applicant is to provide separate water and sewer reticulation services to each allotment within the subdivision.

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58. The developer is to extend and meet the full cost of water reticulation to service the development plus the cost of connecting to existing services. All water supply work is required to be carried out in accordance with the requirements of Mid-Western Regional Council (as the Water Supply Authority under the Local Government Act 1993) and in accordance with the National Specification – Water Supply Code of Australia.

59. The developer is to provide a water service and meter for each lot in the subdivision. Where the provision of a service connection for a proposed new lot is undertaken during the installation of new water mains by the Developer, and prior to any ‘live’ connection, the developer can be achieve this by making a payment to Council of $655.00 per lot.

Note: Council does not permit other bodies to insert new connections into ‘live’ water mains. The cost referenced above is for the supply of meter only and is subject to CPI increases.

60. In the case of any lots that will not be serviced by a water main constructed by the developer, a full water service will be required and the developer will be required to pay for full Water Service Connection for an amount of $2,150.00 for a 20 mm water supply.

61. Sewer works are to include and make provision for connection to the new Sewer Pump Station and connection from the existing Sewer Pump Station located on Lot 31 DP1074415.

62. All sewerage work is required to be carried out in accordance with the requirements of Mid-Western Regional Council (as the Water Supply Authority under the Local Government Act, 1993) and in accordance with the National Specification – Sewerage Code of Australia.

63. In the case of any lots that will be serviced by a sewer main constructed by the developer the sewer junctions required to service the proposed lots must be installed by the developer

CONTRIBUTIONS AND OTHER CHARGES

64. In accordance with the provisions of Section 7.11 of the Environmental Planning and Assessment Act 1979 and the Mid-Western Regional Council Developer Contributions Plan 2019, the developer is required to make payment to Council for contributions towards the provision, extension or augmentation of local infrastructure as a consequence of development within the LGA.

The contributions are to be paid at the lodgement of the Subdivision Certificate for Stage 2 or in accordance with the deferred payments requirements of the Developer Contributions Plan, with a maximum deferral period of 6 months upon application being made to Council.

The following is calculated and payable on a per lot basis:

Mudgee Contributions Transport Facilities $4,303.00 Recreation and Open Space $2,160.00

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Community Facilities $628.00 Stormwater Management $453.00 Plan Administration $985.00 TOTAL PER LOT $8,529.00

Note: Developer Contributions and all other fees and charges are subject to Consumer Price Index increase at 1 July each year. Please contact Council’s Development Department regarding any adjustments.

65. An application for a Compliance Certificate under the Water Management Act, 2000 is to be submitted to Council as the Water Supply Authority and approved prior to the issue of a Subdivision Certificate for stage 2. This will require the payment of a contribution for water and sewerage headworks in accordance with Council’s Developer Servicing Plans.

Note: The current rates for Headworks Charges are included within the Advisory Notes and are subject to CPI.

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE (STAGE 2)

66. A linen plan and two (2) copies are to be submitted to Council for approval and endorsement by the General Manager.

Note: Under the Environmental Planning & Assessment Act, 1979, a Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Titles Office. Council’s fee to issue a Subdivision Certificate is set out in Council’s fees and charges.

67. Following completion of the subdivision works, one full set of Work-As-Executed plans, in pdf and dwg format, which is “AutoCAD compatible”, is to be submitted on disk to Council. All Work-As-Executed plans shall bear the Consulting Engineer's or Consulting Surveyor's certification stating that all information shown on the plans is accurate.

68. Underground electricity, street lighting and telecommunications are to be supplied to the subdivision. Prior to issue of the Subdivision Certificate, Council is to be supplied with: a) A certificate of acceptance from the appropriate power authority indicating that satisfactory arrangements have been made for provision of reticulated electricity supply to each lot in the subdivision; b) Satisfactory evidence that arrangements have been for the installation of fibre- ready facilities to all individual lots so as to enable fibre to be readily connected to any premises that may be constructed on those lots. This will need to include confirmation in writing from the carrier that they are satisfied that the fibre ready facilities are fit for purpose, and; c) Satisfactory evidence (usually by way of an agreement with a carrier) that arrangements have been made for the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots.

69. Prior to the issue of a Subdivision Certificate: (a) all contributions must be paid to Council and all works required by the consent be completed in accordance with the consent, or (b) an agreement be made between the developer and Council; be paid to Council in accordance with this condition for the purpose of:

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i) as to the security to be given to Council that the works will be completed or the contribution paid, and ii) as to when the work will be completed or the contribution paid.

70. If the Subdivision Certificate is not issued within the financial year of the date of determination, then the charges and contributions contained in this consent will be increased to the current rate at the time of payment.

71. Street trees are required at a rate of two (2) trees per lot and are to be planted prior to the issue of the Subdivision Certificate. The trees are to be a semi-mature and barricaded for protection for a minimum period of 2 years. Should any trees be damaged or die, the developer is required to replace the tree for a like-for-like tree within one (1) month of formal notification being made by Council or a contractor.

72. The developer must provide Council and land purchasers with a site classification for each lot within the subdivision. The classification is to be carried out at a suitable building site on each lot and is to be carried out by a NATA registered laboratory using method (a) of Clause 2.2.3 of AS2870 - 1996. Results are to be submitted to Council prior to issue of the Subdivision Certificate.

73. Following completion of all engineering works a Defects Liability bond in a form acceptable to Council to the value of 5% of the value of all works must be lodged with Council to be held for a period of twenty-four (24) months to ensure any defects that become apparent during that time are remedied by the developer.

Note: The bond may be provided by way of a monetary deposit with the Council or a bank guarantee to the satisfaction of the Council. The bank guarantee must not specify any time limitations on the operation of the guarantee.

74. The developer is to ensure that all defects in the works that become apparent within twenty four (24) months of Council accepting the works on maintenance are remedied to Council's satisfaction. If these defects are not satisfactorily remedied, Council may use bond money to carry out rectification.

Note: Any unspent bond money will be returned to the developer at the end of the twenty four (24) month period, less the estimated cost of any outstanding works.

75. The applicant shall repair in accordance with Aus-Spec# 1 and Council Standard Drawings any part of Council’s property damaged during the course of this development.

ADVISORY NOTES

1. In accordance with Section 64 of the Local Government Act 1993 and the Water Management Act 2000, a Compliance Certificate is required prior to issue of the Subdivision Certificate and shall include the payment of a contribution for water and sewerage headworks in accordance with Council’s Developer Servicing Plans. Current fees calculated are provided below and are subject to CPI:

Section 64 Contributions Water Headworks (1.5 ET/UNIT) $ 277,810.00 Sewer Headworks (1.05 ET/UNIT) $ 86,061.15 Total Headworks $ 363,871.15

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2. The removal of trees within any road reserve requires the separate approval of Council in accordance with the policy "Tree Removal and Pruning - Public Places". 3. The land upon which the subject building is to be constructed may be affected by restrictive covenants. This approval is issued without enquiry by Council as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this approval. Persons to whom this approval is issued must rely on their own enquiries as to whether or not the building breaches any such covenant. 4. Essential Energy’s records indicate there is electricity infrastructure located within the properties and within close proximity to the properties. Any activities within these locations must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure. Approval may be required from Essential Energy should activities within the properties encroach on the electricity infrastructure. 5. Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW). 6. Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around power lines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets. 7. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions. Despite Essential Energy not having any safety concerns, there may be issues with respect to the subdivision layout, which will require Essential Energy’s approval. 8. If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment. 9. As part of the subdivision, easement/s are to be created for any existing or new electrical infrastructure, using Essential Energy’s standard easement terms current at the time of registration of the Plan/s of subdivision. 10. Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above properties should be complied with. 11. Division 8.2 of the Environmental Planning and Assessment Act 1979 gives you the ability to seek a review of the determination. This request is made to Council and must be made within 6 months after the date on which you receive this notice. The request must be made in writing and lodged with the required fee; please contact Council's Development Department for more information or advice. 12. If you are dissatisfied with this decision section 8. 7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice. 13. To ascertain the extent to which the consent is liable to lapse, refer to Section 4.53 of the Environmental Planning and Assessment Act 1979.

STATEMENT OF REASONS

The determination decision was reached for the following reasons:

1. The proposed development complies with the requirements of the applicable environmental planning instruments and Mid-Western Regional Development Control Plan 2013. 2. The proposed development is considered to be satisfactory in terms of the matters identified in Section 4.15 of the Environmental Planning & Assessment Act 1979. 3. The matters raised within submissions have been addressed in the following manner:

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• Conditions of consent have been imposed to address the matters relating to:

o further detailed design requirements to complement the Bombira Estate Subdivision;

o easements to be retained; o dust mitigation and no construction traffic movements through Robert Hoddle Grove (via Moggs Lane); and

o A landscaping plan and street trees are required to be installed in accordance with the DCP 2013 as a result of the loss of trees due to infrastructure provisions required to service the subdivision.

Executive summary

OWNER/S Maxwell and Colleen Walker and Brian Keech APPLICANT Maxwell and Colleen Walker PROPERTY DESCRIPTION Lot 1 and 2 DP1185676 and Lot 5 DP1181765 PROPOSED DEVELOPMENT Subdivision of Land (2 Stages) REASON FOR REPORTING TO COUNCIL >20 Lots and 3 Submissions Received PUBLIC SUBMISSIONS Three (3) Submissions Received

Development Application (DA0101/2020) was received by Council on the 17 October 2019 and proposes the subdivision of land located to the south of the existing Bombira Estate over two (2) stages.

Stage 1 proposes a boundary adjustment of the three (3) existing lots legally identified as Lots 1 & 2 DP1185676 and Lot 5 DP1181765. This will enable the removal of the access handle currently servicing Lot 5 DP1181765 and Lot 1 DP1185676 from Robert Hoddle Grove, retaining access to the existing rural lot (currently identified as Lot 5 DP1181765) only, and the consolidation of Lots 1 and 2 DP1185676.

Stage 2 proposes to create 23 residential lots of not less than 4,000m² from the consolidated residential land (former Lots 1 & 2 DP 1185676) and the creation of a new access road connecting into the existing Bombira Estate. No access to the land created by Stage 2 is proposed from Robert Hoddle Grove.

The proposed plans of subdivision are included within Attachment 1.

The application was placed on public exhibition in accordance with Council’s Community Participation Plan 2019 which ended on 15 November 2019. Three (3) submissions were received.

As the application is greater than 20 allotments, the application cannot be determined by staff under delegation – Council is therefore required to determine the application.

The application is recommended for approval.

Disclosure of Interest

Nil.

Detailed report

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SITE DESCRIPTION

The subject site is located to the south of Bombira Estate, currently with access available from Robert Hoddle Grove and is known as 33 and 41D Robert Hoddle Grove, Bombira.

The site contains a total area of 30.88ha over three (3) lots, legally identified as Lot 1 and 2 DP1185676 and Lot 5 DP1181765.

Figure 1: Site Location Map

The site currently contains a number of immature scattered vegetation which appears to have been planted by prior land owner/s, along with a former farm building and steel cattle yards. The subject land has historically been used for grazing and agricultural purposes.

PROPOSED DEVELOPMENT

The proposal seeks to subdivide the land over two (2) stages.

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Figure 2 – Stage 1 Proposed Plan of Subdivision

Ancillary works including the connection of all services are proposed as part of Stage 2.

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Figure 3 – Stage 2 Proposed Plan of Subdivision

LEGISLATIVE REQUIREMENTS

Biodiversity Conservation Act 2016 (BC Act)

The Biodiversity Conservation Act 2016 and associated Regulation 2017 permits the clearing of native vegetation up to prescribed thresholds in accordance with Clause 7.2 of the Regulation. This enables up to 0.25 hectares of ‘native vegetation’, to be removed, with native vegetation defined as:

any of the following types of plants native to New South Wales— (a) trees (including any sapling or shrub or any scrub), (b) understorey plants, (c) groundcover (being any type of herbaceous vegetation), (d) plants occurring in a wetland

It is deemed, based on the provisions of the Biodiversity Conservation Act (Section 7.7) and Regulations (Clause 7.2), the development is not likely to significantly affect threatened species and will not exceed the thresholds outlined in Clause 7.2. Therefore, the application for development consent is not required to be accompanied by a biodiversity development assessment report and no further consideration of the BC Act is required.

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Environmental Planning and Assessment Act 1979 (EP&A Act)

Designated Development

Not applicable.

The proposed development is not identified as designated development, in accordance with Schedule 3 of the Environmental Planning and Assessment Regulation 2000.

Integrated Development

Not applicable.

The proposed development does not trigger integrated development, in accordance with section 4.46 of the Environmental Planning and Assessment Act 1979.

SECTION 4.15(1) – MATTERS FOR CONSIDERATION - GENERAL

The application has been assessed in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979. The main issues are addressed below as follows. a) Provisions of any Environmental Planning Instrument and any draft EPI – 4.15(1)(a)(i) and (ii)

State Environmental Planning Policy No 44 – Koala Habitat Protection

SEPP 44 applies to the proposal as Mid-Western Regional Council is listed within Schedule 1 of the SEPP and the area of land associated with the proposal in the same ownership is greater than 1 hectare in size.

The proposal involves the removal of strands of planted and native vegetation as part of the subdivision. However, these existing tree species are not listed within Schedule 2 of the SEPP.

State Environmental Planning Policy No 55 – Remediation of Land The subject land which is proposed to be subdivided for residential development was included within the rezoning of ‘Bonnyview’ (now known as Bombira Estate), located to the north of the subject site. A phase 1 contamination report was prepared and included soil testing (report dated 2010) with the development application (DA0152/2015) which required further testing around an existing diesel tank within proposed Stage 4 of the Bombira Estate subdivision prior to issue of the subdivision certificate for this stage.

Following a site inspection however, it is noted that a farm building with some older disposed farm equipment and materials surround the existing site which will require demolition and removal. It is not known if the building contains asbestos or other form of contaminates and on the basis of the demolition required, it is recommended that further contamination testing be undertaken to ensure that the site of the former farm building can accommodate residential development into the future, prior to earthworks commencing over the site. A condition has been imposed accordingly.

State Environmental Planning Policy (Primary Production and Rural Development) 2019

The proposal involves the subdivision (boundary adjustment) for land zoned RU4 as part of Stage 1. In accordance with Schedule 4, Part 2(4) of the SEPP however, the application does not propose the subdivision of the RU4 portion of land for the purposes of a dwelling or for the erection of a dwelling house. Consequently, no further assessment of the SEPP is required. It should be noted that the proposed boundary adjustment will retain a 20ha portion of land within the RU4 zone

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(being proposed Lot 56) however any proposal for future development of proposed Lot 56 will be subject of a separate development application submitted to Council.

State Environmental Planning Policy (Infrastructure) 2007

In accordance with the Clause 45, the application was referred to Essential Energy for comment. A response was provided on the 13 December 2019 with standard conditions and advisory notes for Council’s consideration which have been included within the recommended consent conditions.

Further, in accordance with Clause 101 of the SEPP, the application was referred to Roads and Maritime Services due to the proposed development including access to the subdivision via a new road connection which may impact on the Classified Road (Ulan Road) and the intersection of Wurth Drive (via the Bombira Estate subdivision). The RMS provided comments on the 13 January 2020 for Council consideration which including the following:

o The traffic statement prepared by Triaxial Consulting does not encompass the cumulative traffic generated from the existing lots created within Page Circuit and the future lots to be created as part of this development, in total this equates to 65 lots.

o The cumulative traffic will be directed to Wurth Drive and then accessing Ulan Road. The assessment of the cumulative traffic generation is important in understanding the potential traffic implications on the performance of the Wurth Drive and Ulan Road intersection.

o The right of carriageway to be created for proposed Lot 56 as a part of stage 1 is not to provide additional access to lots to be created within stage 2. A referral will be required to TfNSW In the event that access is proposed from Robert Hoddle Grove within a future development application or modification to service the lots created within stage 2. A traffic study would be required to accompany the referral that assesses the impact of the cumulative traffic generation on the intersection of Moggs Lane and Ulan Road and required intersection treatments.

o Construction work on stage 2 or the issuance of the subdivision certificate for stage 2 is not to occur until the completion of Page Circuit.

On the basis of the above, a formal request for an amended traffic statement was provided to the applicant to address the cumulative traffic impacts as a result of the proposal. An amended Traffic Statement was provided to Council by the applicant on the 7 February 2020 and considered by Council’s Development Engineer which confirmed that increased traffic volumes do not warrant additional works or upgrade to the intersection of Wurth Drive and Ulan Road.

Further, as no new lots are being created with access via Moggs Lane and Ulan Road, no further amendments or requests were required to be addressed by the applicant based on the comments provided by the RMS.

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

This Policy was gazetted on 25 August 2017 and has been considered in the assessment of the subject application.

Authority to clear vegetation under this Policy is not required. The vegetation to be removed is not declared by a Development Control Plan to be vegetation that Part 3 applies, and the vegetation to be removed does not exceed the biodiversity offsets scheme thresholds and therefore no further consideration is necessary.

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Mid-Western Regional Local Environmental Plan 2012 (MWRLEP 2012)

The following clauses of Mid-Western Regional Local Environmental Plan 2012 have been assessed as being relevant and matters for consideration in assessment of the Development Application.

Clause 1.2 Aims of Plan The application is not contrary to the relevant aims and objectives of the plan.

Clause 1.4 Definitions The proposal is defined in accordance with the MWRLEP 2012 and Section 6.2 of the Environmental Planning and Assessment Act 1979 as:

Subdivision of land means the division of land into 2 or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition. The division may (but need not) be effected— (a) by conveyance, transfer or partition, or (b) by any agreement, dealing, plan or instrument rendering different parts of the land available for separate occupation, use or disposition.

Clause 2.2 Zoning of Land to Which Plan Applies The land is zoned RU4 Primary Production Small Lots and R2 Low Density Residential and is therefore subject to the Plan.

Clause 2.3 Zone objectives and Land Use table The land is zoned R2 and RU4 pursuant to MWRLEP 2012. The proposal, being the subdivision of land is permissible with consent in the zone and complies with the relevant objectives.

The objectives of the zone and how the proposal satisfies the objectives is addressed below:

R2 Low Density Residential

1. To provide for the housing needs of the community within a low density residential environment. Comment The proposal will enable additional residential lots to be created for future dwellings to be constructed upon each new lot, providing for the housing needs of the community.

2. To enable other land uses that provide facilities or services to meet the day to day needs of residents. Comment Not relevant to the proposal.

RU4 Primary Production Small Lots

1. To enable sustainable primary industry and other compatible land uses. Comment The proposal does not significantly impact upon the ability of the land to be used for the purposes of primary production or other compatible land uses.

2. To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature. Comment The proposal will not impact on employment opportunities in relation to the primary industry enterprises which may operate from the site such as the grazing of stock or the like.

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3. To minimise conflict between land uses within this zone and land uses within adjoining zones. Comment The proposal will not result in any significant conflict with adjoining land uses subject to compliance with conditions of the consent.

4. To ensure that land is available for intensive plant agriculture. Comment The proposal will not hinder the use of the site for the purposes of intensive plant agriculture.

5. To encourage diversity and promote employment opportunities related to primary industry enterprises, particularly those that require smaller holdings or are more intensive in nature. Comment The proposal will not result in any significant impact upon the immediate visual amenity or environmental/cultural heritage values of the site.

Clause 2.6 Subdivision – consent requirements As the proposal involves subdivision, development consent is required as discussed throughout the report.

Clause 2.7 Demolition requires development consent In satisfaction of this clause, the development application will require the demolition and removal of wastes associated with the former farm building. Appropriate conditions of consent have been imposed to manage this waste accordingly.

Clause 4.1 Minimum subdivision lot size The proposed subdivision generally meets the objectives of the clause as the proposal will promote further suitable land uses that can be accommodated on the site whilst complying with all the relevant planning controls.

The boundary adjustment proposed by Stage 1 will achieve the minimum lot size required for both the R2 and RU4 zones.

The proposed residential lots over future lot 55 will have a minimum area of 4,000m². The minimum lot size pursuant to the LEP MLS mapping is 2ha, however the subject lots are also located within the nominated ‘Area B’ on the Minimum Lot Size map. This results in consideration of the proposed subdivision in accordance with clause 4.1(3A)(b) of the LEP which states:

(3A) Despite subclause (3), if the consent authority is satisfied that each lot is, or will be serviced by a water reticulation system and sewerage system— (b) land identified as “Area B” on the Lot Size Map may be subdivided to create lots of at least 4,000 square metres.

Accordingly, Council’s Development Engineer has provided a referral response (Attachment 3) confirming that reticulated water and sewer is able to be provided which is re-produced below:

Water supply for the proposed Stage 2 subdivision can be obtained from extension of the recently constructed mains in the adjacent Maas Bombira Estate subdivision.

There is existing sewer main and pump station within the existing ‘battle axe handle’ access for proposed Lot 56.

A new Sewer Pump Station (SPS) has been constructed within the Maas development which will have capacity to accommodate waste from this proposed development. An appropriate alignment and grades will allow for waste water / sewage to be directed to the new SPS and will ultimately allow for the old SPS to be decommissioned.

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Accordingly, the proposal complies with the development standard and a concept servicing plan for water and sewer has been provided with the submitted development application.

Clause 4.2 Rural Subdivision Not relevant as the proposed boundary adjustment to include the access handle within proposed Lot 56 is compliant with the Minimum Lot Size for the RU4 zone of 20ha in accordance with the LEP.

Clause 4.3 Height of buildings The subject site is not mapped for a maximum height limit.

Clause 5.4 Controls relating to miscellaneous permissible uses The proposal does not include any of the listed uses contained under this clause.

Clause 5.10 Heritage Conservation No items of aboriginal significance or a heritage item are recorded on the site or in the vicinity. Notwithstanding this, a condition will be placed upon the consent ensuring that work is ceased should an item be discovered during construction. Clause 6.1 Salinity The proposal only involves earthworks for the purposes of road construction and associated servicing and is not expected to significantly affect the process of salinisation. It is recommended however that an appropriate condition in respect to soil testing for each lot be provided to Council prior to the issue of the subdivision certificate.

Clause 6.2 Flood planning Lot 5 DP 1181765 (proposed Lot 56 following boundary adjustment) is identified to be partly affected by the 1 in 100 year flood planning mapping under the LEP 2012, per figure 4 below. As future Lot 56 will be retained for agricultural uses, it is considered that there will be no impact on the flood behaviour associated with Lawsons Creek or the Cudgegong River located to the south of the development site.

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Figure 4 - Flood Planning Mapping (MWR LEP 2012)

Future Lot 55 which is proposed to be further subdivided into 23 residential lots is also identified under the Mudgee Flood Risk Management Plan to be partly sitting within the LOW RISK flood area per Figure 5. This partially affects the rear portions of proposed Lots 1 to 5 of Stage 2, however there will be significant building envelopes available and located outside of the Low Risk flood mapped area of the lots to accommodate future dwellings. It should also be noted that the Low Risk flood area does not preclude residential development occurring however future building works within the Low Risk flood mapped area must consider compliance with Council’s DCP 2013 for appropriate ‘floor levels to be equal to or greater than the 100 Year ARI flood level plus freeboard’ and ‘building components to be flood compatible below or at the 100 Year ARI flood level plus freeboard’.

As the lots are of sufficient size and shape to accommodate future residential development (each lot being greater than 4,000m²), and Council’s DCP 2013 Matrix 1 – Urban Floodplains only requires that the impact of the development on flooding elsewhere is to be considered for the low risk flood areas for the subdivision of land, this has been considered within the requirements of the DCP 2013 section of this report.

It is important to note however that the proposal is able to satisfy the provisions of clause 6.2(3) of the LEP and is deemed to be compatible with the flood hazard and flood behaviour of a low risk nature within this location.

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Figure 5 - Flood Risk Mapping – Mudgee Flood Risk Management Plan

Clause 6.3 Earthworks The proposal involves earthworks including for the construction of new roads, installation of services and construction of a new detention basin. The provisions under Clause 6.3(3) are addressed as follows: (a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,

Comment The proposed development is not considered to have a significant impact on drainage patterns within the locality due to the large residential land sizes proposed and a concept stormwater plan providing evidence that the detention basin (proposed over the RU4 zoned land proposed as Lot 56 with an appropriate easement in place) will provide for the capture of stormwater from the road network. Notwithstanding this, a drainage report will be required to be provided to Council prior to issue of the Subdivision Works Certificate to ensure that post development flows do not exceed pre development flows accordingly.

(b) the effect of the development on the likely future use or redevelopment of the land, Comment The proposal will not affect the future use of the land which has been zoned for

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residential development in a low density manner and retention of Lot 56 as a rural parcel.

Comment A condition will be imposed to ensure that the dam to be filled over the north eastern corner of the lot will be clean fill and incorporate compaction testing in accordance with Australian Standards.

(d) the effect of the development on the existing and likely amenity of adjoining properties,

Comment The proposal will not result in any significant impacts on the amenity of adjoining properties with the land zoned for low density residential purposes and rezoning with Bombira Estate land accordingly. Adjoining land to the east of the site will be retained for rural purposes in accordance with the RU4 zone objectives.

(e) the source of any fill material and the destination of any excavated material,

Comment Any fill to be used over the site will be required to be clean fill and compacted in accordance with Australian Standards.

(f) the likelihood of disturbing relics,

Comment Whilst no recordings of Aboriginal relics or places are found in the database to occur on the subject site, a condition of consent relating to any finds will be required and stop work notice should any relics be located during earthworks.

(g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

Comment The proposal is not located within 40m of any waterways, nor in a drinking water catchment or environmentally sensitive area. No further consideration required.

(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Comment The proposal is considered to have been designed to accommodate the natural fall of the land, enable stormwater and drainage to accumulate and be detained within the detention basin proposed over lot 56, in common ownership. This will require an easement to be established and the detention basin to be maintained for the life of the development.

Clause 6.4 Groundwater vulnerability The site is identified as groundwater vulnerable in accordance with Council’s mapping. No broad excavation is needed to facilitate the proposal which may penetrate the groundwater table. No significant impacts upon those matters contained within clause 6.4(3) is expected as a result of the proposed development. Given the extent of excavation, it is considered that the development would not cause groundwater contamination, adversely affect any groundwater dependent

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ecosystems, will not cumulatively impact potable water supply, and therefore no special measures, or conditions of consent would be considered necessary.

Clause 6.5 Terrestrial biodiversity The proposal is not located in any area identified as ‘Moderate or High Biodiversity Sensitivity’.

Clause 6.7 Active street frontages Not applicable. The site is not located within the area mapped as ‘Active street frontage’.

Clause 6.8 Airspace operations – Mudgee Airport The proposal will not penetrate the relevant height limits for safe operation of the Mudgee Airport.

Clause 6.9 Essential Services All essential services that are relevant to the proposal are available or will be available as a result of the proposed development.

Clause 6.10 Visually sensitive land near Mudgee The land is not located within the area identified within the visually sensitive land map.

(b) The provisions of any Development Control Plan or Council Policy – 4.15(1)(a)(iii)

Mid-Western Regional Development Control Plan 2013 (DCP 2013)

An assessment is made of the relevant chapters and sections of this DCP. Those chapters or sections not discussed here were considered not specifically applicable to this application or are discussed elsewhere in this report.

Part 5.2 Flooding As outlined under Clause 6.2 of the LEP 2012 above, the subject land includes an area affected by the Flood Planning Level being primarily over Lot 5 DP 1181765, being the 1 in 100 year flood event. Lot 5 is not however proposing future residential development and the boundary adjustment will not cause flood impacts on the site or surrounding lands.

The Stage 2 proposed subdivision will also include land that is impacted by the ‘Low Risk’ flood event, being the flood event at the Probable Maximum Flood Level (PMF). The Low Risk flood area is shown to only impact the rear portions of Lots 1 – 5 proposed. On the basis of the requirements of part 5.2 and Matrix 1 for Urban Floodplains, the DCP requires consideration towards the impact that the development may have with flooding elsewhere being in the surrounding catchment. Upon consideration of the areas of inundation for the Low Risk area and the lot sizes of the subdivision proposed, it is considered that there is the ability to accommodate sufficiently large building envelopes on each of the 5 lots impacted by the Low Risk flood event.

It will be necessary however to ensure that consideration is provided towards the sewer man holes (pits) proposed to be located within the flood impacted area along with a stormwater drainage report to address the management and concentration of stormwater to ensure that it does not exceed pre-development flows. On the basis of the above, it is considered the flooding nature of the site can be managed appropriately and will not impact the future development of the site for residential purposes.

Part 5.3 Stormwater Management Council’s Development Engineer has provided comments and conditions concerning adequate disposal of stormwater.

Part 5.4 Environmental Controls All the relevant considerations have been discussed elsewhere in this report or dealt with through conditions of consent.

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Part 7.1 Urban Subdivision DEVELOPMENT CONTROL REQUIREMENT COMPLIES? Applies to Land zoned residential; village zones; rural residential lots up to 2 hectares Land is zoned Residential Lot size Minimum lot size as determined by MWRC LEP 2012 Yes All lots have frontage to the proposed new road which will connect into the Bombira Estate Subdivision. No Access is All lots have street frontage proposed into Robert Hoddle Grove from the new residential lots. Access will be retained to future Lot 56 (being the RU4 lot of land). Approximate fall is between Lots increase in size relative to slope as follows: 0-10 degrees however the – 0-10 degrees: 600m² lots are to be 4,000m², – 10-15 degrees: 700m² complying with the – 15-20 degrees: 800m² requirements of the LEP – >20: subdivision prohibited 2012. Yes. Lots are of ample size and dimension, with 16m at All lots have 16m width at building line in residential and village zones minimum provided at the building line. Battle-axe handles in R1, R3 and RU5 Village have width of 4m Not applicable Battle-axe handles in R2 and R5 residential zones have width of 6m Not applicable Lot Design For infill subdivision lot orientation maximises solar access and takes account of Yes. Achieves adequate existing pattern of development solar access. The lots have a mixture of orientation with the majority achieving good solar For new release subdivision lot orientation maximises solar access by maximising access. The lots are of a north-south lots size conducive to erecting a dwelling with good orientation. Lots which are east-west orientated (3 only) are of a For new release subdivision east-west orientated lots have increased width and suitable size to enable midpoint future dwellings to be constructed. The development includes a majority of rectangular lots, with some that have been splayed due to the arrangement of the access Lots generally rectangular in shape road. The lots are all of sufficient size to accommodate a substantial building envelope due to the 4,000m² minimum lot size required. Lots on southern side of road provide greater frontage width for better solar Generally achieved.

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DEVELOPMENT CONTROL REQUIREMENT COMPLIES? orientation of future dwelling Only attached dual occupancy development or a secondary dwelling is Corner lots have sufficient area to allow dual occupancy and independent utility permitted in the R2 Low connection points Density Residential Zone. No further subdivision of the land can occur due to the MLS of 4,000m². Street Layout and Design Assessment provided by Traffic Impact Statement submitted for 5+ lots applicant. Discussed elsewhere in report. Assessment provided by Traffic Impact Statement submitted for all subdivisions where new road required applicant. Discussed elsewhere in report. Yes, including connectivity Subdivision integrates with existing residential area with Bombira Estate to the north. New roads must provide “through road” connections to surrounding roads and road Yes, provided. heads where they exist in the locality Where cul-de-sac treatment unavoidable, pedestrian linkages between streets Good pedestrian linkages provided provided. Minimum cul-de-sacs Multiple cul-de-sacs and “no through roads” discouraged provided. With the small cul-de-sac provided, only 4 lots will Maximum number of lots in cul-de-sac is 12 lots have access to the end of the cul-de-sac. Subdivision >80 lots should not require backtracking Not applicable Road Standards for New Development Urban Road Standards required Yes The proposal will be required to connect to the footpath at the end of the 1 x 1.2m footpath, barrier kerbing existing Paige Circuit with a condition imposed accordingly. Commercial and Industrial Subdivision roads: 22m road reserve, 13m carriageway, Not applicable 2 x 4.5m nature strip, 1 x 1.2m footpath, barrier / rollover kerbing Cycle ways and footpaths A 1.2m wide footpath is Cycle ways and pedestrian networks included in new subdivisions required to be extended from Paige Circuit. The site is located on the border of a proposed 1km cycleway route which extends to the eastern If subdivision site identified in Council cycle way plan or pedestrian strategy, boundary of the site. This subdivision needs to respond to strategy however appears to already be altered by the Bombira Estate Subdivision to the north of the subject site. Yes, existing access to New subdivisions provide direct, convenient and safe access to major facilities Mudgee retained via the

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DEVELOPMENT CONTROL REQUIREMENT COMPLIES? Bombira Estate route. Not applicable. The end of the cul-de-sac will require a detailed design to be provided to Council prior to commencement of any works relating to Cul-de-sacs may be required to include 10m wide shared overland flow/pathway stormwater flows via an easement over the allotments which will then drain into a detention basin over future lot 56 created as part of Stage 1. Developer to provide contribution to Council for installation of cycle ways and Not applicable footpaths prior to release of subdivision certificate Open Space All lots will have access via a footpath (imposed by a condition of consent) to the recreational area created as part of the Bombira Estate Subdivision. The subject lots are all located within 400m, via line of Greenfield sites >20 lots ensure that lots are <400m from local park, playground or sight, achieving compliance passive open space with the DCP requirement.

Importantly, each lot is proposed at greater than 4,000m² and ample open space area is also available onsite for passive recreation opportunities. Where on-site detention basins double as open space, must include raised level area which incorporates playground or fitness equipment etc and shading Not applicable landscaping Landscaping Landscape plan provided, detailing treatment of public domain Not applicable Land dedicated as public reserve top soiled, levelled, turfed prior to release of Not applicable subdivision certificate and maintained by developer for period of two years Street Trees Two (2) street trees provided per lot Yes, to be conditioned. Developer provides levy to Council to provide these trees after 80% of works Not applicable carried out Utility Services Lots to be connected to Servicing plan submitted showing provision of underground electricity, sewer, reticulated water, sewer, water, drainage and telecommunications to the development electricity and telecommunications/ NBN. Not applicable (small subdivision of 23 lots only). Council has however Evidence of consultation with relevant authorities submitted with application referred the application to Essential Energy as part of the provisions of clause 45 - SEPP (Infrastructure)

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DEVELOPMENT CONTROL REQUIREMENT COMPLIES? 2007.

Drainage Detailed stormwater plan and drainage design to be lodged at CC stage. As per Section 5.3 Stormwater and Drainage Concept plan adequate for development application purposes.

Part 7.2 Rural Subdivision DEVELOPMENT CONTROL REQUIREMENT COMPLIES? Applies to Rural and R5 zones Land is zoned RU4 Site Plan Site plan identifying existing vegetation, farm improvements including dwellings, sheds, dams, fences and access roads. Application should: ☐ Identify existing use of land Plan of Subdivision and ☐ Address access points/location public roads draft civil plans supplied and show all required ☐ Identify unformed roads/crown land within adjoining site details. ☐ Show easements and services ☐ Identify watercourses Lot size Lot to be created as part of Lots must be of sufficient area for dwelling house, associated buildings, services, Stage 1 boundary access, P.O.S without excessive terracing and allow maximum retention vegetation adjustment will retain all existing features. The proposed lot 56 will Minimum area for subdivision complied with? retain a minimum lot size of 20ha. RU4 – Primary Production Small Lots – Details of proposed / existing agricultural activity – Business plan prepared by suitably qualified agronomist Not applicable – Evidence of water licensing satisfactory – Evidence of commencement or intention to commence activity Services Not applicable, noting that Lots within 500m of R1-R2 zones must: existing access arrangements via Robert ☐ Have frontage to and be connected to sealed road Hoddle Grove are to be ☐ Connect to reticulated water/sewer retained.

Roads All roads to be sealed and part of sealed road network if 500m to sealed road Not applicable network Lot Design The works proposed over future Lot 56 will include New lots to minimise environmental impacts including: stormwater and civil works ☐ Soil disturbance / erosion to create a nominated ☐ Creek / waterway crossings basin to service the ☐ Tree removal residential subdivision of 23 ☐ Adequate separation distances for new / existing development Lots as part of Stage 2. The area to accommodate the basin must include an

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DEVELOPMENT CONTROL REQUIREMENT COMPLIES? easement for future dedication of the basin over lot 56 and detailed design to be provided with the subdivision works certificate. Bushfire Prone Areas Land is not mapped as Bushfire report submitted for subdivision on bushfire prone land being bush-fire prone. Heritage No known European or Cultural heritage assessment submitted where the subdivision creates dwelling Indigenous heritage on the entitlement and overland drainage lines, ridgelines / plateaus present site. Vegetation / Flora No clearing proposed of – Evidence of consultation with CMA (and OEH for threatened species) native vegetation over – Flora report to be submitted if potential for impact on threatened species future Lot 56. Fauna If any potential impact of threatened species fauna study to be submitted with No native fauna is likely to application be impacted by the Consult with OEH if required development. Watercourses Activity approval required under the Water Management Act 2000 if development Not applicable within 40 metres Crown Roads If development proposes to use Crown road, written consent of NSW Crown Not applicable Rights of Carriageway Subdivision for where access is via right of carriageway generally not supported Not applicable Written consent of all owners required if ROCW proposed Battle-axe handle Generally not supported by Council Not applicable Maximum 2 battle-axe handles permitted Water cycle management report Required for each lot capable of on-site effluent disposal. Report must include: ☐ Nominal effluent management area ☐ Slope / aspect ☐ Other site constraints Not applicable Plan must indicate nearby watercourses with minimum buffer of 100m between EMA and perennial / intermittent creeks or minimum 40m from drainage depressions Telecommunications Are telecommunications able to be extended to service the lot? Not applicable Electricity Electricity to be provided to each lot with dwelling entitlement Alternative power supply only considered on RU1, RU4 and R5 lots where Not applicable development is >1km from grid or cost to provide electricity exceeds $30,000/lot. Covenant must be imposed on lot in this instance Land Use history Satisfactory evidence Evidence of land use history supplied (primary source preferred) provided. No further action required. Community Title Subdivision Lot density to be the same as Minimum Lot Size Map Not applicable

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No planning agreement applicable.

(d) Regulations – 4.15(1)(a)(iv)

No matters prescribed by the Regulations impact determination of the Development Application.

(f) The likely impacts of development – 4.15(1)(b)

Context and Setting & Site Design and Internal Design

The proposal is considered appropriate with regards to the surrounding context and setting and achieves the requirements of Council’s policy and planning controls.

Access, transport and traffic The implications of additional traffic and suitable access are discussed throughout this report. The proposal is considered appropriate. The application was referred to Roads and Maritime Services in accordance with Clause 101 of SEPP (Infrastructure) 2007 due to potential impacts on the classified road network, being Ulan Road which is required to be utilised for all traffic into the subdivision via Wurth Drive, Bombira Estate. The RMS advised that the traffic assessment prepared for the development application did not consider the cumulative traffic impacts associated with Bombira Estate and the subject development. Council’s Development Engineer subsequently has supported the amendments to the traffic report with no upgrades to the Ulan Road Intersection stated to be required by the proposal.

Public Domain The development will not impact the public domain in terms of recreation opportunities, the amount, location, design, use and management of public spaces, or pedestrian linkages between public spaces. The proposal does not generate the need for additional public reserves or open space with connectivity available to nearby Bombira Estate. With the additional larger sized lots, being up to 4,000m² proposed, each lot will accommodate large family homes with onsite area for gardens and landscaping.

Utilities All relevant utilities are available or can be made readily available to the site. The site is able to be connected to sewer and water, along with underground electricity and NBN which will be subject to further detailed design.

Heritage Not applicable.

Other land resources No impact expected on conserving and the use of valuable land, such as productive agricultural land, mineral or extractive resources, or water supply catchments. The land included in the boundary adjustment (proposed Lot 56) will be retained as agricultural land. Subsequently there will be no loss of RU4 zoned land for primary production.

Water No significant impact expected. No works are proposed within 40m of a watercourse.

Soils No significant impact expected. The land is not known to be affected by subsidence, slip or mass movement, subject to contamination, and will not result in significant soil erosion or degradation.

Air and Microclimate

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The development is not expected to impact air quality or microclimatic conditions with conditions recommended to manage dust during construction activities.

Flora and Fauna The vegetation proposed to be removed has been discussed throughout this report.

Waste Waste services will be required to the subdivision and the road network must accommodate a garbage truck (including the radii of the cul-de-sac) to facilitate safe collection. A condition of consent has been recommended.

Energy Not applicable.

Noise and vibration Construction noise will be managed in accordance with the guidelines and a condition has also been imposed to restrict construction traffic via Bombira Estate and the times in which construction activities can occur.

Natural Hazards The site is identified as flood prone. This has been discussed elsewhere in the report and is able to achieve compliance with the DCP 2013.

Technological Hazards There are no known risks to people, property or the biophysical environment, resulting from technological or industrial hazards, or building fire risk.

Safety, security and crime prevention Increased passive surveillance as a result of the proposed development will occur.

Economic and Social impact in the locality Generally positive with the provision of additional housing opportunities once the subdivision is released along with jobs created during construction.

Construction Must comply with Council’s Policy and Australian Standards in accordance with the conditions of consent.

Cumulative impacts There are no cumulative impacts that have been identified by the assessment of the application which would generate the need to redesign or refuse the proposal. g) The Suitability of the Site for the Development – 4.15(1)(c)

(a) Does the proposal fit in the locality? Yes. There are no hazardous land uses or activities nearby, there are no constraints posed by adjacent developments and there are adequate utilities and transport facilities in the area available for the development.

(b) Are the Site Attributes conducive to Development? Yes. The site is not subjected to any significant natural hazards, and the project will not impact any critical habitat, threatened species, populations, ecological communities or endangered habitats on the site. h) Submissions made in accordance with Act or Regulations – 4.15(1)(d)

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Public submissions The application was advertised and neighbour notified in accordance with Community Participation Plan 2019 for a period of 14 days, ending the 15 November 2019. During the notification period, three (3) submissions were received. A copy of each submission made is provided in Attachment 2.

A further information request was made on the 9 December 2019 in relation to clarification of the easements to be retained and / or released by the proposal.

The applicant lodged amended plans on the 18 February 2020. However, the changes were only to clarify the easements per the request of Council and were not considered significant enough with regards to implications on adjoining neighbours. Therefore re-notification of the proposal was not considered necessary.

The matters raised by the public submissions and Council’s response is provided below:

Submission 1

Concern Comment To ensure that the subdivision The concept plans provided have been supported by Council’s does not adversely impact on Development Engineering Department with future detailed the development approved design to form part of the Subdivision Works Certificate. under DA0152/2015 (Bombira Estate) in particular sewer, water and stormwater. The road corridor proposed, No previous servicing arrangements have been approved over sewer and stormwater the subject site to accommodate the proposal. The proposed easements anticipate an concepts are considered to be acceptable and will be required amended configuration and to demonstrate compatibility with the subdivision approved to servicing arrangement to that the north of the site. Further detailed design is required as part previously approved. of the Subdivision Works Certificate. The development would need As noted above, further detailed design is required which has to make sure correct and been conditioned accordingly. accurate connection in both design and construction in accordance with Council policy and construction codes. It is unclear what the proposed Notification plans (2 Sheets) were provided of the development essential servicing being for the subdivision of the land including a notice placed arrangements in layout and in the paper. Concepts for servicing were lodged with the capacity are based on the application and were available to be viewed upon request. notification plans provided.

Submission 2

Concern Comment Easements not included on the It is confirmed that access to the easement shown as “AA” is plans to allow for access to the required by Council and a condition will be imposed current sewer and stormwater accordingly. sumps. Insufficient water infrastructure Council is not aware of water pressure issues within the and water pressure following immediate area that have been caused by development of Bombira Estate with grave Bombira Estate. It is recommended that the landowner request concerns for future water a water pressure test at their property to eliminate additional

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supply and pressure with concerns within this location. increased housing. Further investigation required. Purchased 3 years ago and Council is not able to pre-determine when plans for not informed that there were developments will specifically occur as a Development plans for the land surrounding Application can be lodged at any time. It is acknowledged them. however that rezoning of the surrounding lands from ‘Rural’ to ‘Residential’ occurred prior to the writers purchase and the rezoning formed part of the Comprehensive Land Use Strategy, with the first request for amendments to the zoning made in June 2008.

Submission 3

Concern Comment Purchased land in 2013 and The rezoning of the surrounding land to the north, occurred with the knowledge that the prior to the landowners purchase in 2013, which allowed the land adjoining them was zoned subject R2 zoned land to be subdivided to 4,000m² subject to for agricultural pursuits. water and sewerage reticulation being available.

It is not clear what the The existing corridor to the rear of the land is shown as ‘AA’ is proposed corridor to the rear of identified as a Right of Carriageway and is currently in place their land is proposed for. over the subject development site. This is to be retained to the benefit of Council, as relevant. A condition must be included A condition has been included to ensure dust is managed by to monitor and increase the the contractor during works. vigilance of all contractors in reducing the effects of dust across properties. The access road between the A condition has been included to ensure that access is lots and to the existing sewer restricted during works. pump station must include a restriction that all trucks and vehicles used in construction cannot access the land via the handle between Lots or via Robert Hoddle Grove. Inclusion of plant, maintain and Due to the proposed location of the sewer easement for the protect advanced trees along lots at the boundary of Lot 56, the retaining of trees in this the entire boundary between location are a risk and may damage future infrastructure. the 23 lots and proposed Lot Conditions of consent have been recommended that will 56. require a landscaping plan prior to issue of the Subdivision Works Certificate. Street trees are also required at a rate of two (2) trees per allotment. Request to retain and protect As noted above, conditions of consent have been trees during the construction of recommended that will require a landscaping plan prior to the subdivision due to the issue of the Subdivision Works Certificate. Street trees are also trees allowing for shade and a required at a rate of two (2) trees per allotment. wind break.

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The Public Interest – 4.15(1)(e)

(a) Federal, State and Local Government interests and Community interests No significant issues in the interests of the public are expected as a result of the proposed development.

CONSULTATIONS

(a) Health and Building Council's Health & Building Surveyor has not raised any concerns with the proposal, with no specific conditions imposed.

(b) Technical Services Council’s Development Engineer has provided an assessment included as Attachment 3 with recommended conditions.

(d) Access committee No consultation necessary.

DEVELOPER CONTRIBUTIONS

Section 7.11 (formerly s94) Contributions Pursuant to Council’s Development Contributions Plan 2019, the development is proposing subdivision of the land creating 3 lots into 2 (credit applied) and an additional 23 new residential lots which requires the payment of a contribution in accordance with the plan.

An appropriate condition has been imposed requiring payment of the contribution on a per lot basis as follows:

Transport Facilities $ 4,303.00 Recreation and Open Space $ 2,160.00 Community Facilities $ 628.00 Stormwater Management $ 453.00 Plan Administration $ 985.00 TOTAL PER LOT $8,529.00

This will generate no payment contribution requirement for Stage 1 (credit applied for 3 into 2 lots) and 22 lots x $8,529 for Stage 2 (totalling $187,638.00 prior to issue of the Subdivision Certificate for Stage 2).

Section 64 Contributions The proposed development is located within a water and sewer servicing area and contributions in accordance with Council’s Water and Sewer Development Servicing Plans are applicable.

Conditions are included to ensure the payment of necessary contributions calculated as follows:

Section 64 Contributions Water Headworks (1.5 ET/UNIT) $ 277,810.00 Sewer Headworks (1.05 ET/UNIT) $ 86,061.15 Total Headworks $ 363,871.15

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The payment of Section 64 Headworks is required prior to issue of the Subdivision Certificate for Stage 2 only.

Community Plan implications

Theme Protecting Our Natural Environment Goal Protect and enhance our natural environment Strategy Ensure land use planning and management enhances and protects biodiversity and natural heritage

Strategic implications

Council Strategies Mid-Western Regional Local Environmental Plan 2012 Mid-Western Regional Development Control Plan 2013 Mid-Western Regional Contributions Plan 2019 Mid-Western Regional Development Servicing Plan

Council Policies Mid-Western Regional Community Participation Plan 2019

Legislation Mid-Western Regional Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000

Financial implications

Not applicable.

Associated Risks

Should Council refuse the development application, the applicant may seek a further review of this decision or appeal through the Land and Environment Court.

KAYLA ROBSON LINDSAY DUNSTAN SENIOR PLANNER MANAGER, STATUTORY PLANNING

JULIE ROBERTSON DIRECTOR DEVELOPMENT

26 February 2020

Attachments: 1. Proposed Plan Of Subdivision. 2. Submissions (Redacted). 3. Engineering Referral & Assessment.

APPROVED FOR SUBMISSION:

BRAD CAM GENERAL MANAGER

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