DUNGOG SHIRE COUNCIL
ORDINARY COUNCIL MEETING 21 AUGUST 2019
ORDER OF BUSINESS
1. Acknowledgement of Country 2. Apologies 3. Declaration of Interests 4. Confirmation of the Minutes 5. Matters Arising from the Minutes 6. Prayer 7. Ode 8. Mayoral Minute 9. Public Access Session 10. General Manager's Reports by Department 11. Reports from Committees and Outside Organisations 12. Councillor Reports 13. Notices of Motion 14. Questions With Notice 15. Business of an Urgent Nature which the Council may, by resolution, decide to discuss 16. Closed Council (Confidential Matters) 17. Resumption of Open Council
Coralie Nichols GENERAL MANAGER
Page 1
MAYORAL MINUTE
1. NSW COUNTRY MAYORS MEETING 1-2 AUGUST 2019
FILE NO: EF18/30
Minutes of Country Mayors Association Meeting held on 2 ANNEXURES: August 2019
AUTHOR: Mayor Tracy Norman
COMMUNITY STRATEGIC Council Governance and Finance PLAN:
Council will advocate for the community by actively pursuing DELIVERY PROGRAM: constructive relationships with other spheres of government
MOTION:
That the report be received and the information noted.
Precis:
The purpose of this report is to provide Council with an update of the Country Mayors Meeting held on 2 August 2019. ************* Dungog Shire General Manager, Coralie Nichols, and I attended the Country Mayors Meeting, held in Parliament House on Friday 2 August. We also attended a networking dinner the previous evening. Mayors and General Managers from 44 Councils, plus guests, were in attendance.
Minutes of the Country Mayors Association Meeting are attached.
We were addressed by the Minister for Regional Services, Decentralisation and Local Government, Assistant Trade and Investment, Mark Coulton and the Minister for Agriculture and Western New South Wales, Adam Marshall.
Presentations at Country Mayors Meeting included:
1. Geoff McKechnie APM, Assistant Commissioner, Commander, Western Region, New South Wales Police Force spoke on the reintroduction of the stock squad in response to rural crime.
2. Richard Colbran, Chief Executive Officer, NSW Rural Doctors Network provided an update on target priorities and key initiatives for the Network.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 2
ANNEXURE ‘A’
Country Mayors Association of NEW SOUTH WALES
Chairperson: Cr Katrina Humphries PO Box 420 Moree NSW 2400 02 6757 3222 ABN 92 803 490 533
MINUTES
GENERAL MEETING
FRIDAY, 2 AUGUST 2019 THEATRETTE, PARLIAMENT HOUSE, SYDNEY
The meeting opened at 8.50 a.m.
1. ATTENDANCE: Armidale Regional Council, Cr Bradley Widders Bega Valley Shire Council, Cr Kristy McBain, Mayor Bellingen Shire Council, Cr Dominic King, Mayor Bland Shire Council, Cr Brian Monaghan, Mayor Bland Shire Council, Mr Ray Smith, General Manager Blayney Shire Council, Cr Scott Ferguson, Mayor Blayney Shire Council, Ms Rebecca Ryan, General Manager Broken Hill City Council, Cr Darriea Turley, Mayor Broken Hill City Council, Mr James Roncon, General Manager Cabonne Shire Council, Cr Kevin Beatty, Mayor Cabonne Shire Council, Mr Brad Byrnes, General Manager Carrathool Shire Council, Cr Peter Laird, Mayor Coolamon Shire Council, Mr Tony Donoghue, General Manager Cootamundra-Gundagai Regional Council, Cr Abb McAlister Dubbo Regional Council, Cr Ben Shields. Mayor Dungog Shire Council, Cr Tracy Norman, Mayor Dungog Shire Council, MsCoralie Nichols, General Manager Federation Council, Cr Patrick Bourke, Mayor Federation Council, Mr Adrian Butler, General Manager Forbes Shire Council, Cr Phyllis Miller, Mayor Forbes Shire Council, Mr Steve Loane, General Manager Gilgandra Shire Council, Cr Doug Batten, Mayor Gilgandra Shire Council, Mr David Neeves, General Manager Glen Innes Shire Council, Cr Carol Sparkes, Mayor Goulburn Mulwaree Council, Cr Bob Kirk, Mayor Goulburn Mulwaree Council, Mr Warrick Bennett, General Manager Griffith City Council, Mr Brett Stonestreet, General Manager Gunnedah Shire Council, Cr Jamie Chaffey, Mayor Gunnedah Shire Council, Mr Eric Growth, General Manager Gwydir Shire Council, Cr John Coulton, Mayor Gwydir Shire Council, Mr Max Eastcott, General Manager Hilltops Council, Cr Brian Ingram, Mayor Kempsey Shire Council, Cr Liz Campbell, Mayor Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 3
Kiama Municipal Council, Cr Mark Honey, Mayor Kyogle Council, Cr Danielle Mulholland, Mayor Leeton Shire Council, Cr Paul Maytom , Mayor Leeton Shire Council, Ms Jackie Kruger, General Manager Lithgow City Council, Cr Ray Thompson, Mayor Lithgow City Council, Mr Andrew Muir, Acting General Manager Moree Plains Shire Council, Cr Katrina Humphries, Mayor Moree Plains Shire Council, Mr Lester Rogers, General Manager Murray River Council, Cr Christopher Bilkey, Mayor Murray River Council, Mr Des Bilske, General Manager Narrandera Shire Council, Mr George Cowan, General Manager Narromine Shire Council, Cr Craig Davies, Mayor Oberon Shire Council, Cr Kathy Sajowitz, Mayor Oberon Shire Council, Mr Garry Wallace, General Manager Orange City Council, Cr Reg Kidd, Mayor Parkes Shire Council, Cr Ken Keith, Mayor Parkes Shire Council, Cr Barbara Newton, Deputy Mayor Shellharbour City Council, Cr Marianne Saliba, Mayor Shoalhaven City Council, Cr Amanda Findley, Mayor Shoalhaven City Council, Mr Paul Keech, Director Assets and Works Snowy Monaro Regional Council, Cr John Rooney, Mayor Snowy Valleys Council, Cr James Hayes, Mayor Temora Shire Council, Cr Rick Firman, Mayor Temora Shire Council, Mr Gary Lavelle, General Manager Tenterfield Shire Council, Cr Peter Petty, Mayor Upper Lachlan Shire Council, Cr John Stafford, Mayor Uralla Shire Council, Cr Michael Pearce, Mayor Uralla Shire Council, Mr David Aber, Acting General Manager Walcha Council, Cr Eric Noakes, Mayor Walcha Council, Mr Jack O’Hara, General Manager Warren Shire Council, Cr Milton Quigley, Mayor Warren Shire Council, Mr Glen Wilcox, General Manager Warrumbungle Shire Council, Mr Roger Bailey, General Manager Yass Valley Council, Cr Rowena Abbey, Mayor Yass Valley Council, Mr Chris Berry, Acting General Manager LGNSW Cr Linda Scott, President LDNSW Ms Tara McCarthy, Chief Executive
APOLOGIES:
As submitted
SPECIAL GUESTS: Hon Mark Coulton MP, Minister for Regional services, Decentralisation and Local Government, Assistant Trade and Investment Minister Hon Adam Marshall MP, Minister for Agriculture and western New South Wales Geoff McKechnie APM, Assistant Commissioner, Commander, Western Region, New South Wales Police Force Richard Colbran, Chief Executive Officer, NSW Rural Doctors Network
2. ADOPTION OF MINUTES OF PREVIOUS MEETING:
RESOLVED that the minutes of the General Meeting held on 31 May 2019 be accepted as a true and accurate record (Parkes Shire Council /Tenterfield Shire Council).
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 4
3. Matters Arising from the Minutes
Cr Peter Petty Tenterfield Shire advised that the Waste Levy Group was to meet with the Minister for Energy and Environment, to discuss the dot points outlined in the Associations resolution of 31 May
4. CORRESPONDENCE Outward (a) Mr Gordon Hinds, Managing Director, Better Energy Technology, thanking him for his presentation on 31 May 2019 (b) The Hon Matt Kean MP, Minister for Energy and Environment, regarding the need for increased fire management issues (c) The Hon Adam Marshall MP, Minister for Agriculture and Western NSW, regarding the need for increased fire management issues (d) The Hon Matt Kean MP, Minister for Energy and Environment, requesting support for the prioritisation of electricity grid connections at substations (e) The Hon Angus Taylor MP, Minister for Energy and Emissions Reductions, requesting support for the prioritisation of electricity grid connections at substations (f) The Hon Dominic Perrottet MP, Treasurer, calling on the NSW Government to implement a “Royalties for Regions” program based upon a set percentage of royalties being returned to Local Government (g) Cr Bruce Miller, Chair of Board, Local Government Super, thanking him for his presentation on 31 May 2019 (h) The Hon Shelley Hancock MP, Minister for Local Government, thanking her for her presentation on 31 May 2019 (i) The Hon Brad Hazzard MP, Minister for Health and Medical Research, thanking him for his presentation on 31 May 2019 (j) Mr Andrew Roberts, Chief Executive Officer, Field Solutions Group, thanking him for his presentation on 31 May 2019 (k) The Hon Shelley Hancock MP, Minister for Local Government, expressing the Associations concern about the proposed increase in RFS contributions (l) The Hon Gladys Berejiklian MP, Premier, expressing the Associations concern about the proposed increase in RFS contributions (m) Mr Shane Fitzsimmons, Commissioner NSW RFS, asking for a stay on implementation of the requirements under the Rural Fire Act 1997, that covers grasslands and non-curing crops to allow further assessments to take place, and inviting him to attend the November meeting
NOTED
5. FINANCIAL REPORT
RESOLVED That the financial reports for the last quarter were tabled and accepted (Moree Plains Shire Council / Tenterfield Shire Council)
6. Hon Mark Coulton MP, Minister for Regional Services, Decentralisation and Local Government, Assistant Trade and Investment Minister We live in a country underpinned by trade and the government has opened up more trade deals. India is the hardest to get a trade deal with which is important due to its growing middle class and insatiable appetite for energy. Getting into Mexico and other Latin American countries is important. Australia is negotiating with the European Union and waiting to see what happens with Brexit. Any China United States agreement could be bad for Australia. Maldistribution of health professionals is a major problem and $550 million over 10 years is being put into a strategy including funding a generalist pathway. Telstra has raised issues about telecommunications and mobile black spots. There is a digital connectivity package to beef up data into country towns to produce greater speed and capability. There is Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 5
no use moving people to country areas unless you can provide education, health and digital technology. The inland railway will foster country area development. Raising FAG’s to 1% is not going to be of great assistance to country areas as most of it will go to metropolitan areas. There needs to be reform of the existing formula. The Minister is prepared to have the fight and do the work.
7. Benefit Cost Ratios
RESOLVED That the Association write to the Premier requesting the removal of Benefit Cost Ratios for funding programs (Shoalhaven City Council/Kyogle Council)
8. Hon Adam Marshall MP, Minister for Agriculture and Western New South Wales Drought is affecting 96% of the State either severely or affected. All Country areas have been affected and people have been laid off work not only farmers and farm workers but also town support and service workers. Legal action for outstanding environmental cases are to be assessed under new laws rather than under laws that have not been in force for two years. Farm trespass laws are now being put in place and are to be enforced. An Agriculture Commissioner is to be appointed to protect rights to a farmer to farm. There is a need to look at how we manage the land to protect viable agricultural land from inappropriate development.
9. Geoff McKechnie APM, Assistant Commissioner, Commander, Western Region, New South Wales Police Force The Stock Squad in 1947 dropped off but it has been reinstated in the last 5 or 6 years in response to rural crime. Its mission is look after “Incidents of Crime that Impact on the Functions of Pastoral, Agricultural and Aquaculture Industries” Members of the squad are detectives. It has three Zone Coordinators under the State Rural Crime Coordinator. Current direction is Education of Front Line Police, Increased Social Media, Advanced Community Engagement, Focused Operations and Investigations, and Developing Strategic Stakeholder Engagement. Local Government are hugh stakeholders in policing. In 2018 losses to primary producers were 1,454 head of cattle worth $1.376 million and 1,769 head of sheep worth $1.885 million. Future direction is centered on Enhanced Communication, Multi Force Operations, Increased Investigative Capacity, Targeting Hardening Research, Sale Yard Security, Stock Identification and Recruitment.
10. Richard Colbran, Chief Executive Officer, NSW Rural Doctors Network The Rural Doctors Network is now 30 years old. There are four goals in the Strategic Plan 2019-2022, Build and Sustain Shovel Ready Workforce, Response to Community Need, Evidence Based Rural Health Policy and RDN Excellence. Customers are health workers, communities, organisations, the sector that represents the workforce and communities and RDN. Targeted priorities include Regional Workforce Coordination and Collaboration, Workforce Organizational and Community Capability, Adaption to New Workforce Models, Targeted Recruitment Campaigns and Trust. Key initiatives are Rural NSW Annual Health, Workforce Needs Assessment, Regional Workforce Coordination Projects, Community/town Based Workforce Projects, Aboriginal Health and Service Model Co-funded Role Trials. Rural Health Pro is a personalised digital experience to network, nurture, support, recognize and reward rural health professionals
11. RFS Contribution Increase
RESOLVED That Country Mayors write to the Premier and to Minister Elliott requesting urgent response to our letter dated 3 June 2019 and copies be forwarded to LGNSW and the Minister for Local Government (Moree Plains Shire Council/Tenterfield Shire Council)
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 6
12. Model Code of Conduct
RESOLVED That Country Mayors write to the Minister for Local Government requesting that the Model Code of Conduct be reviewed to set the same limitation on Councillors that applies to Members of Parliament in respect to attending community functions (Shellharbour City Council/Tenterfield Shire Council)
13 FAG Grants
RESOLVED That Country Mayors write to LGNSW supporting the ALGA resolution to remove the minimum per capita requirement and the Local Government Grants Commission be advised of the decision (Kyogle Council/Bega Valley Shire Council)
14. IPART Review of Local Government Election Costs
RESOLVED That in relation to IPART’s review of local government election costs the Country Mayors’ Association does not support the funding hierarchy recommended by IPART and its allocation of costs between the NSW Government and councils for the provision of election services of the NSW Electoral Commission (Moree Plains Shire Council/Tenterfield Shire Council)
15. Essential Energy Proposed Job Cuts
RESOLVED That Country Mayors write to Essential Energy objecting to the proposed job cuts (Moree Plains Shire Council/Tenterfield Shire Council)
16. IPART Rating Review Cr Sajowitz, Oberon Council reported that of particular significance to Oberon and other Councils who form part of the Unratable Land Working Party are the recommendations that General exemptions should be based on land use not land ownership, and land used for commercial or residential purposes should not be exempt regardless of who owns it. This would help to ensure that land used mainly to deliver private benefits pays its fair share of rates Some explicit exemptions should be retained or amended as they are consistent with the general exemptions. For example, these include those for land used by a religious body for that purpose, land vested in the NSW Aboriginal Land Council, and land owned by a hospital and used for that purpose. Some explicit exemptions should be removed on the basis that the land is used for a commercial or residential purpose. For example, these include those for land owned or vested in a water authority, land below the high water mark used for the cultivation of oysters, and land used for commercial fishing Submissions to the rating recommendations are due mid-September
RESOLVED That Country Mayors gives authority to the Unratable Land Working Party to prepare a submission on behalf of the Country Mayors Association to the IPART Rating Review (Oberon Council/Moree Plains Shire Council)
There being no further business the meeting closed at 12.55pm.
Cr Katrina Humphries Chair – Country Mayor’s Association of NSW
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 7 PLANNING DEPARTMENT REPORTS
1. DEVELOPMENT APPLICATION – DA1/2019 PROPOSED FARM BUILDING, 1881 SALISBURY ROAD, SALISBURY.
FILE NO: DA 1/2019
A Conditions of Consent ANNEXURES: B Development Plans
AUTHOR: Senior Building/Development Officer
APPLICANT: Perception Planning Pty Ltd
OWNER/S: Tony McWilliam Nominees Pty Ltd
PROPOSAL: Construction of a new farm building.
LOCATION: 1881 SALISBURY ROAD, SALISBURY.
ZONE: RU1 Primary Production
OFFICERS RECOMMENDATION:
That the proposed farm building at 1881 Salisbury Road, SALISBURY be approved subject to the conditions listed (Annexure ‘A’).
Precis:
The following report considers Development Application No. 1/2019 which seeks consent for the erection of a farm building (open wall, roofed structure over an existing stockyard)and a front boundary fence/entry statement, at 1881 Salisbury Road, Salisbury. The development application is reported to Council for determination due to proposed variations to Councils adopted Development Control Plan (DCP) for the front boundary setback, down from 50m to 15m to the farm building and a variation to councils adopted floor area provisions for Farm Buildings with the development proposing 439m2 and DCP, permissible 400m2.
**********
The proposed farm building is to be constructed from metal Colorbond roof cladding with open wall construction and is to be located over an existing stockyard. The application also includes the construction of a timber and masonry a front boundary fence/entry statement extending along the front boundary for a distance of approximately 52.5m. The owner has advised the current stockyard requires maintenance with replacement of deteriorated materials however this does not form part of this application and may be classified and care and maintenance.
A thorough assessment of the development application has been undertaken in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 (EP&A Act) and it is recommended that Council approves the proposed farm building, subject to conditions.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 8 Subject Site
The subject property is lot 1732 DP 1166608, 1881 Salisbury Road Salisbury which is zoned RU1 - Primary Production and has a total area of 232.8 hectares. The property is currently used for cattle grazing purposes with the farm building to be ancillary to the commercial cattle grazing activities as advised by the owner onsite.
The topography of the site is predominately undulating cleared grazing lands. The proposed location of the boundary fence and farm building is to be located on a relatively flat portion of the property.
Figure 1: Locality Plan
Proposed Development
The proposed development comprises the construction of a single storey farm building ancillary to the existing commercial cattle farm and a front boundary fence/entry statement. The farm building is to be located over an existing stockholding yard located to the front of the property which extends to the Salisbury Road boundary.
The farm building is open on all sides and roofed with colorbond metal roofing (basalt colour). The total floor area of the farm building is 439 m2 as detailed in the plans submitted and Statement of Environmental Effects. The farm building is not compliant with Council’s current adopted Development Control Plan, for the following provisions.
Part C3. Building Line Set Backs with the setback proposed to the front boundary of 15m setback rather than the 50m as applicable under councils recently adopted Building line setback provisions.
C4. Erection of Farm Building and Outbuildings/sheds. The floor area of the farm building is 439m2 with the DCP provisions listing 400m2 permissible for the subject property.
There is a dwelling and shed approved on the property, which is currently under construction.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 9
Figure 2: Proposed Farm Building and fence/entry statement location
STATUTORY CONSIDERATIONS
Section 4.15 of the Environmental Planning and Assessment Act (EP&A) stipulates key heads of consideration for the assessment of development applications. The application has been assessed against the relevant heads of consideration. The main considerations are addressed as follows:
Provisions of any environmental planning instrument.
The following State Environmental Planning Policies are applicable:
State Environmental Planning Policy No. 44 – Koala Habitat Protection
This policy aims to encourage the proper conservation and management of areas of natural vegetation that provide habitat for Koalas to ensure a permanent free-living population over their present range and reverse the current trend of Koala population decline:
a) by requiring the preparation of plans of management before development consent can be granted in relation to areas of core koala habitat, and b) by encouraging the identification of areas of core koala habitat, and c) by encouraging the inclusion of areas of core koala habitat in environment protection zones.
The subject site has an area of approximately 232.8 Hectares and therefore the SEPP applies. Before granting consent to an application to carry out development on land to which the policy applies, Council must satisfy itself whether or not the land is a potential or core Koala habitat.
‘Potential Koala habitat’ is defined as areas of native vegetation where the trees listed in schedule 2 of SEPP 44 ‘constitutes at least 15% of the total number of trees in the upper and lower strata of the tree component’. If the site is found to contain potential koala habitat,
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 10 further investigation for the presence of ‘core Koala habitat’ should be undertaken and if this habitat is found to be present, a detailed Plan of Management should be prepared.
The majority of the site is cleared grassland with small pockets and clusters of forest vegetation. The existing vegetation the subject of consideration under the provisions of this SEPP does not constitute 15% of the total site area as advised in an Ecologist correspondence prepared by Anderson Environment & Planning. The proposed development does not propose clearing of trees and is assessed as not impacting potential koala habitat.
Figure 3: Site vegetation
State Environmental Planning Policy 55 – Remediation of Land
The Object of this Policy:
(1) The object of this Policy is to provide for a State-wide planning approach to the remediation of contaminated land.
(2) In particular, this Policy aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment:
(a) by specifying when consent is required, and when it is not required, for a remediation work, and (b) by specifying certain considerations that are relevant in rezoning land and in determining development applications in general and development applications for consent to carry out a remediation work in particular, and (c) by requiring that a remediation work meet certain standards and notification requirements.
There is no evidence to suggest the site of the proposed farm building is contaminated by way of previous land uses. The proposed farm building is to be located over the footprint of the existing cattle yards currently used for agricultural purposes. The SoEE identifies the site as suitable for the proposed development.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 11 Dungog Local Environmental Plan 2014
The subject site is zoned RU1 Primary Production zone under the Dungog Local Environmental Plan 2014. The objectives of the RU1 Primary Production zone are:
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To provide for recreational and tourist activities that are compatible with the agricultural, environmental and conservation value of the land.
• To promote the rural amenity and scenic landscape values of the area and prevent the silhouetting of unsympathetic development on ridgelines.
In determining a development application the consent authority must have regard to the objectives of the zone. The proposed farm building and boundary fence is permissible in the zone and is supportive and consistent with the existing agricultural use of the site.
The proposed farm building is not located on a ridgeline and would not have a significant impact on rural amenity. Further the location of the structure over an existing stockyard is unlikely to increase any potential for land use conflict.
It is assessed the proposed farm building is supportive of the existing land use and consistent with the zone objectives.
The following clauses of Dungog LEP 2014 are also relevant to the proposed development:
6.2 Earthworks
The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.
A site inspection noted the building location and proposed fence is to be located on a relatively flat portion of the property. The erection of the building and structure will require minor earthworks associated with the installation of a footing support system. Having regard to the matters for consideration under clause 6.2, it is recommended that conditions of consent include requiring erosion and sedimentation control during the earthworks phase of the development.
6.3 Flood planning
(1) The objectives of this clause are as follows: (a) to minimise the flood risk to life and property associated with the use of land, (b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change, (c) to avoid significant adverse impacts on flood behaviour and the environment.
Comment – The proposed farm building and fence is located approximately 300m from the bank of the adjoining Williams River. Council flood data does not extend to this property. The site is elevated a minimum 30m above the bank of the Williams River. The non-habitable, Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 12 open structure over the existing stockyard and the timber/masonry fence is not identified as affected by flooding.
6.12 Protection of rural landscapes in rural and environment protection zones
The objective of this clause is to protect the rural amenity and character of the area; in this case RU1 Primary Production zoned land. The clause noted that development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:
(a) any buildings that form part of the development will blend into the landscape and not become silhouetted on a ridgeline, and
(b) the design, bulk and colours of any such buildings will be compatible with the surrounding landscape.
The proposed location of the farm building and fence is not on a significantly elevated location and would not have an unreasonable impact on the rural amenity and character. The roof cladding comprising basalt colour finish being a dark earthy tone combined with the variation in roof pitch and design is assessed as having a positive impact on visual amenity of the area. The timber masonry front boundary wall/entry statement will compliment the rural character of the area.
The design being predominately open in character and located over the existing stockyards enhances the functionality without dominating the streetscape and scenic rural quality of the immediate area.
Any development control plan
Dungog Shire Development Control Plan No 1
Part C – Administration
A.4 – Notification and advertising of applications
The application has been neighbour notified due to the proposed floor area variation, where a floor area of 439m2 is proposed rather than 400m2 and setback variation proposed, both the original application and subsequent modified application. No submissions were received.
Part C Chapter 3 – Building Line Setbacks
The aims and objectives of this Chapter of the DCP are:
to ensure physical separation of buildings and uses between adjoining properties that may create community conflict. to ensure that development maintains the character of the locality. to enable guidelines for development to be clear and meet community expectation.
The required and proposed setbacks are outlined in Table 1.
Setback Required Proposed Front (north) 50 m >15 m Rear (south) 50 m >50 m Side (east) 50 m >50 m Side (west) 50 m >50 m
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 13 The proposed development is non-compliant with councils adopted setback distances from boundaries with regard to the proposed reduction in the front boundary down from the 50m to 15m.
The original application proposed a setback of 8m. Subsequent to a site meeting and negotiations with the owner/applicant the application was modified to increase the setback from 8m to 15m further with the introduction of additional landscaping and the provision of a front fence/entry statement. It is assessed the increase of the setback combined with the landscaping and design change to the building will result in the development having minimal impact on the streetscape or rural character despite the reduce setback down from 50m to 15m as required under the provisions of the DCP.
The applicant has provide justification for the variation which in included in the next section.
Figure 4. Original building location
Part C Chapter 4 – Erection of Farm Buildings and Outbuildings/Sheds
The aims and objectives of this Chapter of the DCP are:
To enable the erection of farm buildings and outbuildings in a manner that complements the landscape character and any scenic qualities of the locality. To ensure farm buildings and outbuildings are designed and sited with regard to site planning principles and also the requirements specified in this Chapter to minimise the likely impact on the amenity of adjoining land uses, especially dwellings. To ensure farm buildings and outbuildings are sited to minimise unnecessary disturbances to the natural environment.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 14 The applicant provided the following justification for the variations to setback and floor area:
The proposal is not a shed, rather a farm building to protect cattle Historically, and as evidenced by many farms across the country, stock yards are built close to roads for ease of access and safety for loading stock The farm building is simply to cover an existing stock yard The stock yards cannot be moved further back as they get too close to a water course and then the topography is steep after that The farm building has no walls hence visual impact is greatly diminished The farm building is proposed to be landscaped to further soften the visual impact The property is in a farming area and it’s a community expectation or understanding that farm buildings will be visible from the road The farm building has been decreased in size to respond to Council officers feedback
Comment – The proposed farm building is to be located over an existing stockyard in close proximity to the existing operations and other structures (stockyards).
Modification through the assessment process has seen the original application submitted to council proposing a front setback of 8m and the rectangular shaped structure having a floor area of 786m2 significantly modified to reduce the visual impact. Following a site meeting with the applicant and owner the application was modified to have the building setback 15m off the front boundary (as discussed previously in this report), the floor area reduced to 439m2, the design of the structure change to see greater articulation in the building in particular the roof design, the inclusion of the entry statement/fence and the inclusion of landscaping to the front of the development.
These are assessed as all combining see the development assessed as having no significant detrimental impact on the rural landscape as a result of the reduced setback. This is consistent with the matters raised in the justification provided by the applicant noted above.
Figure 5. Original building design
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 15 4.3 DEVELOPMENT TERMS
Farm Buildings
“Farm buildings” are defined by Dungog LEP 2014 as structures which are ancillary to an agricultural use of the land on which it is situated and includes hay sheds, stock holding yards, machinery sheds, shearing shed, silo, storage tank, outbuildings or other forms of structures used for storing agriculture machinery, farm produce and supplies.
These structures are typically large buildings used for commercial purposes requiring a large area to serve a number of different functions as part of the agricultural use of the land.
“Agriculture” is defined by the LEP and is directly associated with the commercial use of the land for activities including aquaculture, extensive agriculture, intensive livestock agriculture, and intensive plant agriculture. These uses are separately defined in the LEP.
Comment – The proposed development is best defined as a Farm Building for the purposes of both the Dungog Local Environmental Plan and Dungog DCP Part C Chapter 4 – Erection of Farm Buildings and Outbuildings/Sheds.
4.4 SITING AND ORIENTATION
4.4.1 Objectives
To ensure that farm buildings and outbuildings/sheds:
Complement the character of the area and are not visually dominant, Have minimal impacts on the removal of native vegetation, Take into consideration the natural features of the land, and Take into consideration existing and potential uses of the land.
4.4.2 Development Principles 1. Farm buildings and outbuildings/sheds should be clustered in one location on the property. Where possible, this should be close to dwellings, but not where this will result in land use conflict. 2. Farm buildings and outbuildings/sheds are to be sited and orientated to minimise their visual dominance and impact on the streetscape. In particular: i) Ridgeline or hilltops locations should be avoided. ii) On smaller allotments with limited width the narrow elevation of the building should face the primary street frontage. 3. Farm buildings and outbuildings/sheds as well as related driveways, manoeuvring areas and filled areas are to be positioned on the land so as to minimise the removal of any native vegetation. 4. Farm Buildings or Outbuildings/sheds on properties which contain or are adjacent to a heritage item will be assessed on merit. Development applications shall be supported by an assessment against clause 5.10 Heritage conservation of the LEP and Part C Chapter 17 Heritage conservation of the DCP. 5. Cut and fill for buildings, manoeuvring areas, fill batters and access driveways should be limited to a maximum 2 metres of cut and 1.5 metres of fill. (Figure 1) 6. Farm buildings and outbuildings should not be erected on land having a slope in excess of 10%. 7. Farm buildings and outbuildings should be set back a minimum of 40 metres away from any watercourse
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 16 Comment – The proposed farm building is to be located over an existing stockyard directly adjacent to the front road boundary to Salisbury Road and surrounded by other large farm buildings. The construction of the farm building does not require construction of additional internal access roads or the like. The location is not elevated and on a relatively level area of the property.
The farm building supports the existing agricultural activity consistent with the objectives of this clause as well as the zone objectives. The resulting development will see the clustering of the buildings (stockyard and farm building over), consistent with the development principles and unlikely to result in or increase the potential for land use conflict. It is assessed that the siting and location supports the existing land use and has minimal impact on the current and potential land uses on adjoining properties.
4.5 BUILDING DESIGN AND FORM
4.5.1 Objective
To encourage attractive developments that blend in with the character of the locality, surrounding development and landscaping.
4.5.2 Development Principles
1. Roof forms should provide visual relief to the building in order to reduce the building’s bulk. Barn style roof forms that are less bulky in appearance are encouraged in rural and environmental protection areas. (Figure 2) 2. Building facades that can be readily viewed from adjacent roads should be articulated with suitable features such as windows, awnings and verandahs to minimise their visual bulk.
Comment – The design principles in this instance are guided by the functionality requirements of the structures both the farm building and fence location. The open wall to allow free air movement and roofed to provide shading and weather protected areas for the cattle/stock.
The open wall construction reduces the visual bulk of the structure although the overall size of the structure will have a visual impact on the immediate area.
The proposed farm building is located relatively central to a number of similar large structures which to a certain extent reduce the visual impact of the new structure. It is assessed that given the open form of construction and the location of the building, it is unlikely to have a serious, detrimental impact by way of bulk and scale despite the variation to the maximum floor area listed in the DCP.
4.6 SIZE AND HEIGHT
4.6.1 Objectives
(a) To ensure that the bulk of farm buildings and outbuildings do not visually dominate the streetscape and the landscape.
(b) Ensure that the size of farm buildings and outbuildings/sheds is consistent with the intended use and the size of the property.
(c) Farm buildings and outbuildings should not be visually prominent or intrude into the skyline
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 17 4.6.2 Development Principles – Size
Farm buildings
Land within Zone RU1 Primary Production and E3 Environmental Management
a) Farm buildings on an allotment of land not exceeding 1.5 hectares should not have an area of more than 150m².
b) Farm Buildings on an allotment of land from 1.5 hectares but not exceeding 10 hectares should not have an area of more than 200m².
c) Farm buildings on an allotment of land from 10 hectares but not exceeding 60 hectares should not have an area of more than 300m².
d) Farm buildings on an allotment of land from 60 hectares or greater should not have an area of more than 400m².
NOTE Any variation to the maximum allowable area for farm buildings will have to be justified in terms the use of the building and visual impact of the development
Comment – in considering a variation to the nominated maximum floor area it’s appropriate to consider the objectives of this Development Control Plan. The listed objectives and relevant considerations are as follows:
a) To ensure that the bulk of farm buildings and outbuildings do not visually dominate the streetscape and the landscape. Comment – the location of the building supported the use of the existing stockyard and provides improved environment conditions for both the livestock and workers using the stockyard. The site is not elevated and is considered to have minimal impact on the rural landscape b) Ensure that the size of farm buildings and outbuildings/sheds is consistent with the intended use and the size of the property. Comment – Given the scale of the existing operations and associated land holding it is assessed that the size of the shed is fit for purpose. c) Farm buildings and outbuildings should not be visually prominent or intrude into the skyline
Comment – The proposed farm building is not in an elevated location and will not impact on the skyline or rural landscape.
4.6.3 Development principles – Height
a) Farm Buildings should not be higher than 9 metres above the existing ground level.
Comment – the proposed Farm Building has a maximum height above natural ground level of approximately 5.8m compliant with the height provisions.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 18 4.7 BUILDING MATERIALS, FINISHES AND COLOURS
4.7.1 Objectives
a) To ensure that building materials and external finishes of farm buildings and outbuildings do not have a significant adverse impact on the visual qualities of the landscape. b) Ensure that the colours used in the construction of farm buildings and outbuildings are consistent with the prevailing colours of the locality.
4.7.2 Development Principles
1. External materials, finishes and colours should complement and harmonise with the surrounding environment and the existing development on the land. 2. External materials used in the construction of farm buildings and outbuildings are to be pre- painted and should have non-reflective surfaces. 3. In rural and environmental protection zones the walls and roof should be of colours primarily involving non-urban landscape colours (muted greens, browns and greys). Bright/stark colours such as white, cream, black, blue, yellow or red or variations of these are generally not acceptable except as a minor detail colour (e.g. gutters) on a structure. 4. Any part of a building below the 1% AEP (1-in-100 year flood level) is to be constructed of flood compatible materials.
Comment – In assessing the proposed development specific consideration has been given to the surrounding environment and the existing development on the land. The dark coloured roof cladding, open style construction and use of a combine timber and masonary front fence/entry statement assist in having the development blend into the rural environment.
The materials don’t know promote the spread of fire assessed appropriate for the rural environment.
The building is not identified as affected by flooding. It is considered the development is generally consistent with the objectives of this provision.
4.8 LANDSCAPING
4.8.1 Objective
To provide attractive rural landscapes which are consistent with and preserve the visual qualities in the locality?
4.8.2 Development Principles
1. Screening should be provided around farm buildings and outbuildings/sheds to reduce the bulk of the building and soften the appearance of the building where appropriate from any adjoining dwelling, street or property boundary.
2. Plants endemic to the area with suitable fire resistance, heights, coverage and density should be chosen. Landscaping shall consist of a mixture of trees, shrubs and ground cover to minimise the visual impact of the buildings.
3. Trees should include species that at maturity have a height above the ridgeline of the proposed buildings.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 19 Comment – The provision of landscaping as a tool to assist in the mitigation of significant detrimental visual impacts on the rural landscape is appropriate where the proposed development is highly visible from adjoining/surrounding properties or a public space.
Through negotiations onsite the resulting modification and in particular the increased setback combined with the introduction of landscaping is assessed as adequately mitigating the visual impact of the structures of the streetscape/public space.
The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality -
The erection of the farm building and front boundary fence is unlikely to have any negative environmental, social or economic impacts in the locality. Conditions of consent are proposed in relation to, stormwater management and construction standards in order to address the occupant safety and environmental controls.
The suitability of the site for the development
The site is considered suitable for a farm building ancillary to existing commercial agricultural activities.
Any submissions made in accordance with this Act or the regulations
The development application was subject to the notification requirements of Council’s Neighbour Notification Policy. Due to significant modification being made to the application through the assessment process the application was renotified for a second period. No submissions were received from adjoining property owners on either round of notification.
The public interest
The DCP floor area, and setback provisions were adopted by Council after being publicly exhibited and it is generally in the public interest for proposed development to comply with DCP provisions. Despite the floor area and setback variations, the aims and objectives of Part C Chapter 3 – Building Line Setbacks and Part C Chapter 4 – Erection of Farm Buildings and Outbuildings/Sheds are still met in this instance
Approval of the development application is unlikely to have a detrimental impact on the public interest.
CONCLUSION
The development application for the proposed farm building has been assessed having regard to relevant matters of Section 4.15 of the EP&A Act, including the provisions of Dungog LEP 2014 and Dungog DCP No.1. The development application for the farm building seeks a variation to DCP Part C Chapter 3 – Building Line Setbacks and Chapter 4 – Erection of Farm Buildings and Outbuildings/Sheds. The variations to the DCP provision is supported having regard to the site characteristics, existing development modifications made to the application and the function of the proposed structure which is ancillary to the current land use operations on site. Approval of the application is recommended subject to conditions.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 20 ANNEXURE ‘A’
Prescribed Conditions
1. The work must be carried out in accordance with the requirements of the Building Code of Australia.
2. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(i) showing the name, address and telephone number of the Principal Certifying Authority for the work, and (ii) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and (iii) stating that unauthorised entry to the work site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
General
3. This development consent incorporates plans/and or documents referenced and stamped:
(a) Plans Reference: Drawing No Issue Name of Plan Date A01 02 Site / Roof Plan 17/06/2019 A02 02 Floor Plan 17/06/2019 A03 02 Elevations 17/06/2019 01 N/A Site Analysis May 2019 02 N/A Landscape Plan May 2019 03 N/A Details (landscaping) May 2019
(b) Document Reference: Document Reference Author Date Statement of N/A Perception Planning 18/06/2019 Environmental Effects
4. The development shall be undertaken in accordance with the approved plans and any amendments in red by Council.
5. The roof structure over the existing stockyard shall at all times be used as a farm building as defined under the provisions of Dungog Local Environmental Plan 2014 and shall not be used for a purposes otherwise defined under the provisions of DLEP 2014.
6. The farm building shall not be enclosed by way of the erection of permanent walls or modify, adapted nor used for purposes contrary to the approved Farm Building use without the prior written consent of Council.
7. Roof water from the building shall be conducted to a level spreader to allow even dispersion of stormwater. The level spreader shall be located a minimum 3m clear of any property boundaries and 3m clear of any building footings system.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 21 Drainage shall be by means of a sealed pipeline having a minimum diameter of 90mm. All roof water drainage works shall be undertaken in accordance with the Building Code of Australia (BCA) Part 3.5.2.
Prior to Commencement of Works
8. Prior to the commencement of work for the construction of the building, it will be necessary to obtain a Construction Certificate. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment.
During Construction
9. 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.
10. Farm Building and front boundary fence shall to be set out by a Registered Surveyor to ensure compliance with this consent, with the pegout survey plan to be supplied to the principal certifying authority prior to the pouring of any concrete footings for either the from boundary fence or farm building roof structure.
11. Approved toilet facilities are to be provided, at or in the vicinity of the work site on which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.
12. A waste containment facility to Council's requirements is to be provided on the building site immediately after the first concrete pour for the building and is to be regularly serviced.
Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected.
Note - your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.
13. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil and other pollutants onto any road.
14. All excavated or fill areas are to be batters to a slope of not greater than 45 degrees to the horizontal, or alternatively, be retained by a retaining wall.
15. To minimise soil erosion during construction, the owner and builder shall ensure that the following measures are implemented in the sequence outlined:-
(i) A dish shaped diversion drain or similar structure will be constructed above the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall). (ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop"). (iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 22 (iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve. (v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated. (vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.
All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice.
Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to an on-the-spot fine.
16. All building materials, plant and equipment is to be placed on the building site other than those works necessary for the practical and physical construction of the front boundary. Building materials, plant and equipment (including water closets), are not to be stored on footpaths, roadways, public reserves etc.
Prior to Issue of Occupation Certificate or Use of the building
17. The building shall NOT BE USED OR OCCUPIED until completed and conditions of consent have been complied with and an Occupation Certificate has been issued.
18. Where Council is not the Principal Certifying Authority (PCA), an Occupation Certificate shall be submitted to Council when the building works has been completed and prior to the Occupation of the building.
Note: If the Certificate is being issued by a Private Certifier the certificate is to be lodged with Council not less than forty eight (48) hours prior to the occupation of the building/structure.
19. Prior to the release of any occupation certificate all roof water from the building shall be conducted to the approved disposal system as prescribed by the conditions of this consent.
20. Prior to release of any Occupation Certificate all landscaping shall be completed in accordance with the landscaping plan endorsed by council.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 23 ANNEXURE ‘B’
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 24
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 25
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 26
DEVELOPMENT APPLICATION NO 67/2019 – ALTERATIONS AND ADDITIONS 2. TO EXISTING DWELLING, LOT 68 DP 576099, 2917 CLARENCE TOWN ROAD, CLARENCE TOWN (DA67/2019) FILE NO: DA67/2019
A Conditions of Consent ANNEXURES: B Plans
AUTHOR: Development Planner
APPLICANT: Perception Planning
OWNER: Mr and Mrs Gough
PROPOSAL: Alterations and Additions to the existing dwelling
LOCATION: Lot 68 DP 576099, 2917 Clarence Town Road, Clarence Town
ZONE: RU1 Primary Production
OFFICERS RECOMMENDATION:
It is recommended that Development Application 67/2019 being for alterations and additions to the existing dwelling at 2917 Clarence Town Road, Clarence Town be approved subject to conditions in Annexure ‘A’.
Precis:
The Development Application is reported to Council for determination due to a variation to the 140m front setback requirements specified in Chapter 3 Building Line Setbacks of the Dungog Development Control Plan.
********* The following report considers an application under Section 4.15 of the Environmental Planning and Assessment Act 1979. The application is for an extension / addition to the existing dwelling located on the property. The extension / addition will have an area of 144m2 and includes three additional bedrooms and a lounge room. The extension / addition will be located on the eastern side of the existing dwelling and as a result will not comply with the front boundary setback requirement of 140m.
In this regard, the Development Application is required to be reported to Council for determination due to a variation to the 140m front setback requirements specified in Chapter 3 Building Line Setbacks of the Dungog Development Control Plan.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 27
Location and Aerial Map
Extract taken from Council’s Mapping program
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 28
Extract taken from SIX Maps
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 29
Extract taken from SIX Maps
SITE DESCRIPTION AND LOCALITY
The site is located on the northern side of Clarence Town and the Deposited Plan was registered in 1975. The site has direct frontage and access to Clarence Town Road via the existing access point. The applicant has indicated there will be no works required in the road reserve for this application.
From the aerials below, the area immediately surrounding the existing dwelling has been cleared of vegetation. The applicant has advised there will be no further vegetation clearing associated with this development.
The subject site is affected by the following constraint(s): Bushfire and water catchment area
These constraints are not considered to cause the site to be unsuitable for the proposed development. Appropriate conditions of consent are recommended to mitigate the potential impacts in relation to bushfire.
SITE INSPECTION
A site inspection was undertaken on 17 June 2019. Photographs of the site are shown below.
The first 2 photos show the location of where the addition will be located. The applicant has confirmed the owners will be constructing a three tiered retaining wall to protect the cut.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 30
The below picture shows the location of the existing septic tank. Due to the size of the extension proposed, the septic tank will need to be relocated clear of the building. This will require a Section 68 application under the Local Government Act.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 31
The following 2 photos show the inside of the relocatable dwelling. As you can see, there is substantial work required in order for the building to be habitable.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 32
DETAILS OF THE PROPOSED DEVELOPMENT
Development Application No. 67/2019 seeks approval for alterations and additions to the existing dwelling.
The extension is a relocatable building which has the appearance of a demountable building which is in four parts. The site inspection revealed the building is already located on the site. However, a substantial distance from the existing dwelling.
The extension is proposed to be on the eastern side (road side) of the existing dwelling. The extension is proposing an additional three bedrooms, study and open lounge room area. There are no toilets / bathrooms or kitchen area proposed in the extension.
STATUTORY CONSIDERATIONS
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 In addition to the above matters considered under Section 4.15(1), the following further sections of the Act are applicable to the assessment of the proposed development.
CLASSIFICATION OF DEVELOPMENT Yes No Is the development proposal Local Development? Y ☐ Is notification necessary? ☐ N Have all adjoining and affected owners been notified (two week period)? ☐ N Is the development proposal Advertised Development? ☐ N Is the development proposal Nominated Integrated Development? ☐ N Is the development proposal of Regional Significance? ☐ N Is the development proposal State Significant Development? ☐ N
SECTION 1.7 – BIODIVERSITY CONSIDERATIONS
The Biodiversity Conservation Act 2016 and the amendments to the Local Land Services Act 2013 commenced on 25th August 2017 with the aim of delivering a strategic approach to land conservation in NSW. The reforms repealed the biodiversity considerations under the previous Section 5A of the Act and the Threatened Species Conservation Act 1995 and replaced them with consideration of the provisions of Part 7 of the Biodiversity Conservation Act 2016 as necessary.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 33 The following land clearing thresholds need to be considered under the Biodiversity Offset Scheme.
Minimum Lot Size (or lot size if no minimum) Area of Clearing Less than 1 hectare (eg R5) 0.25 hectare or more Less than 40 hectares but not less than 1 hectare (eg E4) 0.5 hectare of more Less than 1,000 hectares but not less than 40 hectares (eg RU1, E3) 1 hectare or more 1,000 hectares or more 2 hectares
Discussion The site has an area of 14.75ha and under the DLEP 2014, the minimum lot size is 60 hectares for a dwelling. The approximate size of the dwelling footprint, including the extension is 320m2. The maximum area that will need to be cleared, which includes the Asset Protection Zones, is approximately 2200m2. In this regard, the development is well within the allowable clearing.
Having regard for Section 1.7 of the Environmental Planning and Assessment Act, the proposed development will not have any impact upon threatened/endangered species or their habitat. The proposed development is not considered to be a threatening process.
SECTION 4.10 – DESIGNATED DEVELOPMENT Yes No Is the development proposal Designated Development? ☐ N
SECTION 4.14 – CERTAIN BUSH FIRE PRONE LAND
The site is located within bush fire prone land, however the application does not propose a subdivision for residential purposes or a special fire protection use as defined in the Rural Fires Act 1997. Therefore Section 4.14 of the Act is applicable and an assessment is provided in the table below.
Performance criteria Acceptable solutions Complies APZ In accordance with Appendix 2 The Bushfire Assessment Report recommends that an APZ of 25m be provided for the entire dwelling. Siting and design Avoid ridgetops The Bushfire Assessment Report states the Level ground applicant has sited the extension on the Avoid elevated floors eastern side of the existing dwelling as it Locate near property would require the removal of less vegetation. entrance Further, the slope of the land in the proposed Reduce building bulk location is relatively flat, which would reduce Simplified design the amount of cut and fill required. Simplified roofline
Construction standards BAL assessment The Bushfire Assessment Report recommends a Bushfire Attack Level (BAL) of 29 for the extension. Further, it was recommended that the existing dwelling be upgraded for ember protection. Access requirements Complies with s 4.1.3 property access The site contains an access track. However, roads and 4.2.7 for internal roads the track will need to be upgraded to comply with Planning for Bushfire Protection 2006. Water & utilities Complies with s 4.1.3 The site does not have access to a reticulated water supply, therefore rainwater tanks will be required. In this regard, the minimum size rainwater tank is to be 20,000L and dedicated to bushfire purposes. Landscaping Complies with Appendix 5 This will be conditioned.
The development, if approved, will have conditions imposed relating to bushfire protection.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 34 SECTION 4.46 – INTEGRATED DEVELOPMENT
In accordance with Section 4.46 of the Environmental Planning and Assessment Act, 1979 the proposed development does not require approval from any external agency.
SECTION 4.15(1) PLANNING ASSESSMENT
In determining a Development Application, the consent authority is to take into consideration the following matters as detailed in Section 4.15(1) of the Environmental Planning and Assessment Act, 1979 (the Act) as follows:
(a)(i) ANY ENVIRONMENTAL PLANNING INSTRUMENT (EPI)
State Environmental Planning Policies (SEPP) The below SEPPs are applicable to the proposed development.
Description Complies State Environmental Planning Policy No. 19 – Bushland in Urban Areas No State Environmental Planning Policy No. 33 – Hazardous and Offensive Development No State Environmental Planning Policy No. 36 – Manufactured Home Estates No State Environmental Planning Policy No. 44 – Koala Habitat Protection Yes State Environmental Planning Policy No. 50 – Canal Estate Development No State Environmental Planning Policy No. 55 – Remediation of land Yes State Environmental Planning Policy No. 64 – Advertising and Signage No State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment No development State Environmental Planning Policy (Affordable Rental Housing) 2009 No State Environmental Planning Policy (Building Sustainable Index: BASIX) 2004 Yes State Environmental Planning Policy (Educational Establishments and Child Car Facilities) No 2017 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 No State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 No State Environmental Planning Policy (Infrastructure) 2007 No State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007 No State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007 No State Environmental Planning Policy (Primary Production and Rural Developments) 2019 No State Environmental Planning Policy (State and Regional Development) 2011 No State Environmental Planning Policy (State Significant Precincts) 2005 No State Environmental Planning Policy ( Vegetation in Non- rural areas) 2017 No
State Environmental Planning Policy No. 44 Koala Habitat Protection The SEPP applies to the development as the property is greater than 1 hectare in area and contains native vegetation. A review of Schedule 2 of the SEPP found the site did not contain any of the listed feed tree species. In this regard, no further assessment was required to be undertaken by the applicant.
State Environmental Planning Policy No. 55 Remediation of Land The subject site is not a listed contaminated site. However, the land has been used for agricultural purposes over the years, which may have included contaminating activities, ie spraying. From the site inspection undertaken, there was not visible evidence of the site being contaminated.
State Environmental Planning Policy (Building Sustainable Index: BASIX) 2004 The application is for an extension to the existing dwelling. The extension is a relocated demountable style building which does not require a BASIX Certificate to be provided.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 35 Dungog Local Environmental Plan 2014 (DLEP 2014)
The DLEP 2014 applies in this instance and the below clauses are applicable to the application.
Clause Comment Part 2 Permitted and Prohibited development 2.1 Land use zoning The subject site is zoned RU1 Primary Production under the provisions of the DLEP 2014. The proposed development is defined as a dwelling (Alterations and additions) and is permissible within the subject zone. 2.3 Zone objectives and Land use Table The subject development is consistent with the objectives of the RU1 Primary Production zone as the extensions will be located adjacent to the existing dwelling. In this regard, the development will not be further fragmenting agricultural land. 2.5 Additional permitted uses for particular land Schedule 1 describes land on which development consent may be granted for a particular use. 2.6 Subdivision The application does not involve the subdivision of land. 2.7 Demolition requires consent From the information provided with the application, there will be no demolition proposed. 2.8 Temporary use of land Not applicable Part 4 Principal development standards 4.1 Minimum subdivision lot size Not applicable 4.1AA Minimum subdivision lot size for Not applicable community title scheme 4.1A Exceptions to minimum subdivision lot Not applicable sizes for certain split zones 4.1B Exception to minimum subdivision lot size Not applicable for lot boundary adjustments in Zone RU1 4.2 Rural subdivision Not applicable 4.2A Erection of dwelling houses and dual This clause applies to the erection of a dwelling occupancies on land in certain rural and house on land zoned as RU1, E3 or E4. environment protection zones The proposed development meets the requirement of clause 4.2A. 4.2B Minimum subdivision lot size for strata Not applicable plan schemes in certain rural and environmental protection zones 4.3 Height of buildings Not adopted 4.4 Floor Space ratio Not adopted 4.5 Calculation of floor space ratio Not adopted 4.6 Exceptions to development standards Not applicable Part 5 Miscellaneous Provisions 5.1 Relevant acquisition authority Not applicable 5.2 Classification and reclassification of public Not applicable land 5.3 Development near zone boundaries Not applicable 5.4 Controls relating to miscellaneous Not applicable permissible uses 5.5 Repealed Repealed 5.6 Architecture roof features Not adopted 5.10 Heritage conservation Not applicable 5.11 Bushfire hazard reduction Noted 5.12 Infrastructure development and use of Not applicable existing buildings of the Crown 5.13 Eco Tourist facilities Not applicable 5.14 Siding Spring Observatory – maintaining Not adopted dark sky 5.15 Defence communications facility Note adopted Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 36
5.16 Subdivision of, or dwellings on, land in The proposed development is for an extension to certain rural, residential or environmental the existing dwelling. From the site inspection, protection zones there will be minimal conflict with the use of the land and the proposal. 5.17 Artificial waterbodies in environmentally Not adopted sensitive areas 5.18 Intensive livestock agriculture Not applicable 5.19 Pond – based, tank – based and oyster Not applicable aquaculture Part 6 Additional Local Provisions 6.1 Acid sulfate soils Not applicable 6.2 Earthworks From the site inspection, it was noted that the owner has already undertaken earthworks in preparation. The applicant has confirmed the development will need to consider a retaining wall for the amount of cut that has occurred on site. Should the application be approved, conditions will be imposed regarding sediment and erosion implementation and details of the retaining wall to be provided with the construction certificate. 6.3 Flood planning Not applicable 6.4 Stormwater management Noted. Conditions will be imposed regarding stormwater disposal and discharge 6.5 Drinking water catchments This clause refers to the “Williams River Catchment Area 6.6 Riparian land and watercourses Not applicable 6.7 Erection of rural worker’s dwelling in Zone Not applicable RU1 and Zone E3 6.8 Essential services Not applicable 6.9 Development in proximity to a rail corridor This clause applies to Lot 41 DP 802112 on Verge Street 6.10 Williams River catchment The site is located within the Williams River Drinking Water Catchment. As the development is for the extension to an existing dwelling, there will be minimal impact on the water catchment. 6.11 Dual occupancies in Zone RU1 Not applicable 6.12 Protection of rural landscapes in rural and This clause requires development to blend into the environment protection zones landscape and be compatible with the surrounding landscape.
From the site inspection, it was noted that the extension will be on the eastern side of the existing dwelling, which will be clearly visible from Clarence Town Road.
In this regard, it is recommended that the extension be painted to match the existing dwelling and landscaping be provided to screen the building from Clarence Town Road. Should the application be approved, conditions will be imposed requiring the above.
(a)(ii) ANY DRAFT EPI
There are no draft EPI’s applicable to the subject site or proposed development.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 37 (a)(iii) ANY DEVELOPMENT CONTROL PLAN
The Dungog Development Control Plan (DCP) applies to the land. The applicable parts and their chapters, as well as their relevance to the assessment of the application, are considered below.
Chapter Control Discussion Complies C.1 Residential Development Not applicable N/A C.2 Development in Rural Not applicable N/A Residential Zones C.3 Building Line Setbacks 50m from the front The existing dwelling is located No, setback approximately 53m from the front variation 50m from the side boundary which does not comply requested. and rear setback with the current DCP requirement of 140m.
The proposed extension will be sited within the 53m front setback, which will result in a new front setback of approximately 39.8m at the closest point. This will result in a 71.5% variation to the front setback
In addition to the front setback, the existing dwelling does not currently comply with the side setback of 30m. Currently, the dwelling has a side setback of approximately 11m at the closest point.
The proposed extension will have a side setback of approximately 20m, which does not comply with the current DCP requirement.
The development is therefore seeking a variation to both the front and side setbacks. The front setback variation is 71.5% and the side setback variation is 33.3%.
C.4 Erection of Farm Buildings Not applicable N/A and Outbuildings – Sheds C.5 Bushfire The site is located on bushfire Yes prone land and the application was accompanied by a Bushfire Assessment Report.
This Report concluded that the extensions to the dwelling would need to meet the BAL 29 construction standard. The existing component of the dwelling would need to be upgraded for ember protection. Should the application be approved, this will be conditioned. C.7 Buffer Zones Not applicable N/A C.8 Managing Our Floodplains Not applicable N/A C.9 Employment Development Not applicable N/A Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 38
C.11 Tourist Development Not applicable N/A C.12 The Keeping of Dogs for Not applicable N/A Commercial Purposes C.14 Building over of Near Not applicable N/A sewer C.15 Contaminated land Not applicable N/A C.16 Biodiversity Not applicable N/A C.17 Heritage Not applicable N/A C.18 Water Efficiency Not applicable N/A C.19 Wind Energy Generation Not applicable N/A Facilities C.20 Off Street Parking Not applicable N/A C.22 Signage Not applicable N/A C.23 Onsite sewage From the site inspection, it was Yes management noted there is an existing septic tank located in close proximity to the existing dwelling.
Upon review, the applicant confirmed that the septic tank will need to be relocated to be clear of the extensions.
The application has been referred Council’s Environmental Officer for comment in relation to relocating the septic tank. C.24 Site Waste Minimisation Not applicable N/A and Management
Discuss any variations to the DCP As stated above, the development is seeking a variation to the front and side setback requirements of 140m and 30m respectively. The applicant has provided the following justification for the variations:
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 39 Comment Under Part C.3 – Building Line Setback of the Dungog Development Control Plan, the front setback for properties fronting Clarence Town Road is 140m. As stated above, the existing dwelling is setback 55m and does not meet the current setback requirement.
Clause 2.5 of Part C.3 allows for a variation to the building lines where building lines cannot be achieved on existing lots. Variations to the building line can be considered under the following circumstances:
From the above, point C appears to be the most relevant consideration for variation as the existing dwelling is already located within the front setback and has a setback distance of 55m. However, the applicant has stated that due to topography constraints, the dwelling addition will need to be located on the eastern side of the dwelling. By agreeing to consider the dwelling addition in this location, this will still create a variation to the building setback.
The applicant has provided further information to confirm the existing dwelling and the additions will be painted in colourbond colours to blend in with the surrounding environment. They have stated the wall colour will be Dune (which is like a light grey) and the roof colour will be Mangrove (which is like an army green).
In addition to painting the existing and proposed dwelling, the applicant has stated there will be dense vegetation planted between the extension and Clarence Town Road. This will provide a noise buffer and will provide screening of the dwelling. These suggestions by the applicant are considered reasonable and should the proposal be approved, conditions will be imposed on the consent.
(a)(iiia) – ANY PLANNING AGREEMENT OR DRAFT PLANNING AGREEMENT
There is no planning agreement or draft planning agreement that has been entered into under Section 7.4 of the Act that relates to the subject site.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 40 (a)(iv) ANY MATTERS PRESCRIBED IN THE REGULATIONS
Division 8 of Part 6 of the Environmental Planning & Assessment Regulation 2000 (The Regulations) identify the matters prescribed for the purposes of this part. There are no clauses relevant to the application
(b) THE LIKELY IMPACTS OF THE DEVELOPMENT
In addition to the matters that have been considered and addressed in this report, the following matters have been considered and are not relevant to the application.
Context and Setting Waste Built Form Energy Potential impact on adjoining properties Noise and Vibration Public Domain Technological Hazards Utilities Safety, security and Crime Prevention Heritage Social Impact on the locality Other Land resources Economic Impact on the locality Water Site and internal design Soils Construction Air and Microclimate Cumulative impacts Flora and Fauna
(c) THE SUITABILITY OF THE SITE
The development can be integrated into the locality without any significant adverse impacts. The site is therefore considered suitable for the proposed development.
(d) ANY SUBMISSIONS MADE
Public Submissions The development application and accompanying information was not required to be placed on public exhibition as the development is for dwelling alterations and additions.
(e) THE PUBLIC INTEREST
The proposed development is in the public interest as it will be increasing the size of the existing dwelling and will allow for a large family to reside.
SECTION 7.11 – DEVELOPER CONTRIBUTIONS
In accordance with Section 7.11 of the Environmental Planning and Assessment Act, 1979, Council is satisfied that the development would not require the provision or increase demand for public amenities. Therefore developer contributions are not required.
SECTION 7.12 – FIXED DEVELPOMENT CONTRIBUTIONS
The site has not had section 7.11 contributions imposed in the past. In this regard, Section 7.12 contributions are applicable to the subject site. However, as the estimated cost of development is less than $100,000 no additional payment will be required.
INTERNAL REFERRAL ASSESSMENT
The application was referred to the following internal sections of Council for consideration and comment. The outcomes of the referrals are outlined below.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 41
Section Discussion Environmental Health The application was referred to Council’s Environmental Health Officer. It is recommended that the applicant apply for a section 68 approval for the relocation and potential upgrade of the existing system. Building The application was referred to Council’s Senior Building Surveyor for consideration and comment. They have supported the application subject to the inclusion of a number of conditions.
EXTERNAL REFERRAL ASSESSMENT
No external referrals were required for this application.
CONCLUSION
An assessment of the application has been carried out in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979. The proposed development is considered satisfactory in terms of the matters for consideration under the Act. Accordingly the development application is recommended for approval subject to conditions of consent.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 42 ANNEXURE ‘A’
Recommended conditions
Prescribed conditions
1. The work must be carried out in accordance with the requirements of the Building Code of Australia.
2. In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
3. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(i) showing the name, address and telephone number of the Principal Certifying Authority for the work, and
(ii) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and (iii) stating that unauthorised entry to the work site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
4. Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of the following information:
(i) in the case of work for which a principal contractor is required to be appointed:
a. the name and licence number of the principal contractor, and b. the name of the insurer by which the work is insured under Part 6 of that Act,
(ii) in the case of work to be done by an owner-builder:
a. the name of the owner-builder, and b. if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.
If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under (d) becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.
General
5. This development consent incorporates plans/and or documents referenced and stamped:
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 43 (a) Plans Reference: Drawing No. Name of Plan Drawn by Date Sheet 1 Site Plan Sorensen Design and Planning 20 March 2019 Sheet 2 Floor Plans and Sorensen Design and Planning 20 March 2019 Elevation Sheet 3 Elevations Sorensen Design and Planning 20 March 2019 Sheet 4 Section A-A Sorensen Design and Planning 20 March 2019 Sheet 1 Site Analysis GSP July 2019 Sheet 2 Landscape Plan GSP July 2019
(b) Document Reference: Document Author Date Statement of Environmental Effects Perception Planning 28 May 2019 Bushfire Assessment Report Perception Planning 15 May 2019 Site Waste Minimisation and Management Plan Perception Planning 15 May 2019
6. The development shall be undertaken in accordance with the approved plans and any amendments in red by Council.
7. Roof water from the dwelling shall be conducted to the water storage tank with a minimum capacity of 20000 Litres. Overflow from the water storage tank shall be located a minimum three (3) metres clear of any building or lot boundary.
8. Landscaping conditioned in this consent shall be maintained in perpetuity. Any dead or significantly damaged trees shall be replaced within 6 months.
9. No trees and/or shrubs are to be removed other than those within 3m of the dwelling and/or shed or conditioned by way of bushfire protection requirements or any other approvals issued by Council.
Bushfire
Asset Protection Zones
10. At the commencement of building works and in perpetuity the property around the building as indicated below, shall be maintained as an asset protection zone (APZ) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'; north, south, east and west for a distance of 25 metres or to the property boundary, whichever occurs first;
Water and Utilities
11. In recognition that no reticulated water supply is available to the development, a total of 20,000 litres fire fighting water supply shall be provided for fire fighting purposes. The fire fighting water supply shall be installed and maintained in the following manner:
(a) Fire fighting water supply tank(s) shall be located not less than 5 metres and not more than 20 metres from the approved structure.
(b) New above ground fire fighting water supply storage's are to be manufactured using non combustible material (concrete, metal, etc). Where existing fire fighting water supply storage's are constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials, they shall be shielded from the impact of radiant heat and direct flame contact.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 44
(c) Non combustible materials (concrete, metal, etc) will only be used to elevate or raise fire fighting water supply tank(s) above the natural ground level.
(d) A 65mm metal Storz outlet with a gate or ball valve shall be fitted to any fire fighting water supply tank(s) and accessible for a fire fighting truck.
(e) All associated fittings to the fire fighting water supply tank(s) shall be non- combustible.
(f) A hardened ground surface for fire fighting truck access is to be constructed up to and within 4 metres of the fire fighting water supply (tank or Storz fitting).
(g) All water supplies for fire fighting purposes shall be clearly signposted as a fire fighting water supply.
(h) A Static Water Supply (SWS) sign shall be obtained from the local NSW Rural Fire Service (RFS) and positioned for ease of identification by RFS personnel and other users of the SWS. In this regard:
(i) Markers must be fixed in a suitable location so as to be highly visible; and (ii) Markers should be positioned adjacent to the most appropriate access for the water supply.
Note: The definition of below ground dedicated fire fighting water supply tank(s) is when the outlet valve is located below natural ground level.
12. Electricity and/or gas services are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.
Access
13. Property access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.
Design and Construction
14. The proposed dwelling shall comply with Sections 3 and 6 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bushfire-prone area' or NASH Standard (1.7.14 updated) 'National Standard Steel Framed Construction in Bushfire Areas – 2014' as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.
15. The existing dwelling is to be upgraded for ember protection in accordance with the recommendations of the Bushfire Assessment Report.
Landscaping
16. Landscaping within the required asset protection zone is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.
Prior to Commencement of Works
17. Prior to the commencement of work for the construction/relocation of the dwelling onto the subject lot, it will be necessary to obtain a Local Government Act, Section 68 Approval.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 45 Prior to the release of the Local Government Act section 68 Approval or any Construction Certificate
18. Certification and details from a practicing structural engineer which indicates that the relocatable home the subject of this approval is structurally sound.
This certificate:
a) must indicate that the manufactured home and associated structure complies with the standards, codes and specifications with which it is, by the Local Government (Manufactured Homes Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, or by Ministerial specifications, required to comply, and;
b) must include specifications as to the manner in which the manufactured home or associated structure must be installed and as to the nature of the footings (if any) on which it must be installed, and;
c) Specifications with respect to footings or tie down systems must have regard to the design gust wind speed, soil type and other design considerations applicable to the location in which the home or structure may be installed.
d) Structural specifications on the required method of reconnection for the sections of the building addressing subfloor, wall and roof connections
19. Prior to the issue of the Section 68 Approval, a detailed landscape plan is to be prepared and submitted to Council for approval. This plan is to indicate the location of all landscaped areas, type of species to be planted, and is to state the mature height and spread of all proposed trees, shrubs and ground covers.
20. Prior to the issue of the Section 68 Approval for the dwelling, the applicant is to lodge a Section 68 Approval for the installation of a new waste water management system or modification to the existing system.
During construction
21. 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.
22. Approved toilet facilities are to be provided, at or in the vicinity of the work site on which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.
23. A waste containment facility to Council's requirements is to be provided on the building site immediately after the first concrete pour for the building and is to be regularly serviced.
Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected.
Note - your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 46 24. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil and other pollutants onto any road.
25. ALL EXCAVATED OR FILLED AREAS are to be BATTERED to a slope of not greater than 45 degrees to the horizontal, or alternatively, be retained by a retaining wall. Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by the Principle Certifying Authority prior to their construction. All excavated and filled areas are to be drained to the satisfaction of Council
26. To minimise soil erosion during construction, the owner and builder shall ensure that the following measures are implemented in the sequence outlined:-
(i) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop"). (iv) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed. (iv) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated. (vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.
All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice.
Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to a $750 on-the-spot fine.
27. ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE BUILDING SITE. Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc.
Prior to Use or Occupation of the Dwelling
28. The building shall NOT BE USED OR OCCUPIED until completed and conditions of consent have been complied with a satisfactory final inspection having be undertaken by council officers and written confirmation issued.
29. Prior to the use or occupation of the dwelling, all roof water shall be conducted to the water storage tank/s, with the overflow storm water management system completed in accordance with the conditions of development consent.
30. Prior to the use or occupation of the dwelling all requirements of the Local Government Act Section 68 Approval for the effluent wastewater treatment system shall be complied with.
31. Prior to release of any Occupation Certificate or Local Government Act satisfactory final inspection advice for the dwelling or shed all landscaping shall be completed in accordance with any council approved plan and the conditions of development consent.
32. The colour of the external materials of the existing dwelling and the additions are to be:
Walls – Colourbond Dune Roof – Colourbond Mangrove Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 47
Note: Non-reflective materials shall be used in all external finishes.
33. A commissioning certificate for the onsite sewage management system is to be provided to council.
34. A satisfactory final inspection of the Onsite Sewage Management System is to be undertaken by Council.
Advice
35. Before any excavation work starts, contractors and others should phone the “Dial Before You Dig” service to access plans/information for underground pipes and cables. www.dialbeforeyoudig.com.au
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 48 ANNEXURE ‘B’
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 49
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 50
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 51
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 52
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 53
DEVELOPMENT APPLICATION – 84/2019 – TWO LOT SUBDIVISION, LOT 21 DP 3. 1184028, 37 BRISBANE GROVE PATERSON
FILE NO: DA84/2019
A Conditions
ANNEXURES: B Plans
C Applicant’s response to submissions
ATTACHMENT: 1 Submissions (Confidential attachment)
AUTHOR: Development Planner
APPLICANT: Erin Daniel C/O Perception Planning
OWNER: Mr D Cleal
PROPOSAL: Two lot subdivision
LOCATION: Lot 21 DP 1184028, 37 Brisbane Grove, Paterson
ZONE: R5 Large Lot Residential
OFFICERS RECOMMENDATION:
That Development Application 84/2019 being for a two lot subdivision at Lot 21 DP 1184028, 37 Brisbane Grove, Paterson be approved subject to the conditions in Annexure ‘A’.
Precis:
The Development Application is being reported to Council for determination due to nine (9) submissions being received.
**************
The following report considers an application under Section 4.15 of the Environmental Planning and Assessment Act 1979. The application is for a two lot subdivision under Clause 4.1 of the Dungog Local Environmental Plan 2014 (DLEP) and the proposed lots meet the minimum lot size of 8000m2 as required under the DLEP.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 54 Location and Aerial Map
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 55 SITE DESCRIPTION AND LOCALITY
The site is located in a relatively new land release area, which was approved under DA 120/2009. The site contains a dwelling and is cleared of native vegetation. The site slopes towards the road.
The subject site is affected by the following constraint(s): Acid Sulphate soils (class 5) and Maximum Probable Flood.
These constraints are not considered to cause the site to be unsuitable for the proposed development.
88B INSTRUMENT AND DEPOSITED PLAN
The following matter(s) have been identified on the 88B instrument / deposited plan: No building including but not limited to dwellings, garages, sheds and other out buildings shall be erected or allowed to remain erected outside the flood free area designated “B” on the subject plan No habitable building shall be erected with the 1:100 ARI flood level of RL 13.3m AHD indicated “J” on the plan
The first restriction was imposed as part of the subdivision approved under DA 120/2009. The existing dwelling is located wholly within the building envelope. With the consideration of the subject application, a review of Council’s flood information has revealed that the site is located outside the 1 in 100 year flood level. However, the site is still subject to the Maximum Probable Flood.
The second restriction is still applicable and should be transferred to the new titles if the application is approved.
SITE INSPECTION
A site inspection was undertaken on 24 July 2019. Photographs of the site are shown below.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 56
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 57 DETAILS OF THE PROPOSED DEVELOPMENT
Development Application No. 84/2019 seeks approval for a two lot torrens title subdivision. The proposed lots will have the following lot sizes:
- Proposed Lot 1 – 8,448m2 - Proposed Lot 2 – 8,588m2
Proposed Lot 1 will contain the existing dwelling and Proposed Lot 2 will contain the existing dam and the residual vacant land.
STATUTORY CONSIDERATIONS
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 In addition to the above matters considered under Section 4.15(1), the following further sections of the Act are applicable to the assessment of the proposed development.
CLASSIFICATION OF DEVELOPMENT Yes No Is the development proposal Local Development? Y ☐ Is notification necessary? Y ☐ Have all adjoining and affected owners been notified (two week period)? Y ☐ Is the development proposal Advertised Development? ☐ N Is the development proposal Nominated Integrated Development? ☐ N Is the development proposal of Regional Significance? ☐ N Is the development proposal State Significant Development? ☐ N
SECTION 1.7 – BIODIVERSITY CONSIDERATIONS
The Biodiversity Conservation Act 2016 and the amendments to the Local Land Services Act 2013 commenced on 25th August 2017 with the aim of delivering a strategic approach to land conservation in NSW. The reforms repealed the biodiversity considerations under the previous Section 5A of the Act and the Threatened Species Conservation Act 1995 and replaced them with consideration of the provisions of Part 7 of the Biodiversity Conservation Act 2016 as necessary.
The application has been lodged since 25 February 2018. The following land clearing thresholds need to be considered under the Biodiversity Offset Scheme.
Minimum Lot Size (or lot size if no minimum) Area of Clearing Less than 1 hectare (eg R5) 0.25 hectare or more Less than 40 hectares but not less than 1 hectare (eg E4) 0.5 hectare of more Less than 1,000 hectares but not less than 40 hectares (eg RU1, E3) 1 hectare or more 1,000 hectares or more 2 hectares
Discussion The proposed subdivision does not require any land clearing. From the site inspection, it was discovered that the property has been previously cleared. In this regard, there is no further assessment under the Biodiversity Conservation Act required.
Having regard for Section 1.7 of the Environmental Planning and Assessment Act, the proposed development will not have any impact upon threatened/endangered species or their habitat. The proposed development is not considered to be a threatening process.
SECTION 4.10 – DESIGNATED DEVELOPMENT Yes No Is the development proposal Designated Development? ☐ N
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 58 SECTION 4.14 – CERTAIN BUSH FIRE PRONE LAND
The site is not located within bush fire prone land.
SECTION 4.46 – INTEGRATED DEVELOPMENT
In accordance with Section 4.46 of the Environmental Planning and Assessment Act, 1979 the proposed development does not require approval from any external agency.
SECTION 4.15(1) PLANNING ASSESSMENT In determining a Development Application, the consent authority is to take into consideration the following matters as detailed in Section 4.15(1) of the Environmental Planning and Assessment Act, 1979 (the Act) as follows:
(a)(i) ANY ENVIRONMENTAL PLANNING INSTRUMENT (EPI)
State Environmental Planning Policies (SEPP) The below SEPPs are applicable to the proposed development.
Description Applies State Environmental Planning Policy No. 33 – Hazardous and Offensive Development State Environmental Planning Policy No. 36 – Manufactured Home Estates State Environmental Planning Policy No. 44 – Koala Habitat Protection State Environmental Planning Policy No. 50 – Canal Estate Development State Environmental Planning Policy No. 55 – Remediation of land Yes State Environmental Planning Policy No. 64 – Advertising and Signage State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment development State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainable Index: BASIX) 2004 State Environmental Planning Policy (Educational Establishments and Child Car Facilities) 2017 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007 State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007 State Environmental Planning Policy (Primary Production and Rural Developments) 2019 State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy (State Significant Precincts) 2005 State Environmental Planning Policy ( Vegetation in Non- rural areas) 2017
State Environmental Planning Policy No. 55 – Remediation of Land The aim of the policy is to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment. Clause 7(1) of SEPP No. 55 – Remediation of Land, is relevant to the assessment of this Development Application.
Clause 7(1) requires that consent not be granted until Council has considered whether the land is contaminated. If the land is contaminated, the Council needs to be satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out.
The subject site has historically been used for agricultural purposes. No evidence of contamination was observed during inspection of the site.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 59 As there is no historical evidence of the site being previously used for a purpose which would result in the land being contaminated, further testing of the site in respect of contamination is not warranted in this instance.
Dungog Local Environmental Plan 2014 (DLEP 2014)
The DLEP 2014 applies in this instance and the below clauses are applicable to the application.
Clause Comment Part 2 Permitted and Prohibited development 2.1 Land use zoning The subject site is predominately zoned R5 Large Lot Residential with a small component being RU1 Primary Production under the provisions of the DLEP 2014.
The proposed development is defined as subdivision and is permissible within the subject zone.
Further, the RU1 zone boundary was created prior to the subdivision being registered. It is recommended that the RU1 boundary be snapped to the boundary of Lot 21 DP 1184028 when the LEP is reviewed. 2.3 Zone objectives and Land use Table The subject development is consistent with the objectives of both the RU1 Primary Production and R5 Large Lot Residential zone by minimising conflict between land uses. 2.5 Additional permitted uses for particular land Noted 2.6 Subdivision The application before Council is for two lot subdivision. In this regard, the applicant has complied with this clause. 2.7 Demolition requires consent There will be no demolition associated with this application. 2.8 Temporary use of land This clause is not applicable to the subject application. Part 4 Principal development standards 4.1 Minimum subdivision lot size The minimum lot size map prescribes a minimum lot size of 8000m2 for the R5 Large Lot Residential Zone and 60ha for the RU1 Primary Production Zone over the subject land.
The application proposes the following lots having areas as specified below:
- Proposed lot 1 – 8,448m2 - Proposed lot 2 – 8,588m2
Refer to Clause 4.1A for further discussion. 4.1AA Minimum subdivision lot size for This clause is not applicable to the subject application. community title scheme
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 60
4.1A Exceptions to minimum subdivision lot sizes Clause 4.1B applies to land which is identified as for certain split zones having more than one (1) zone and for which subdivision is proposed to create either residential or industrial land.
The subject land is zoned R5 large Lot Residential and RU1 Primary Production under the DLEP 2014. Prior to granting consent, Council must ensure that one of the lots to be subdivided for residential land contains all of the land zoned as RU1.
Further, the land in the R5 zone needs to meet the minimum lot size requirement as shown on the Lot Size Map.
The application proposes the following lots having areas as specified below:
Proposed Lot 1 will have a lot size of 8,448m2 and is a complying residential lot pursuant to clause 4.1. Proposed Lot 2 will have a lot size of 8,588m2 and will contain all the RU1 land.
4.1B Exception to minimum subdivision lot size This clause is not applicable to the subject application. for lot boundary adjustments in Zone RU1 4.2 Rural subdivision This clause is not applicable to the subject application. 4.2A Erection of dwelling houses and dual This clause is not applicable to the subject application. occupancies on land in certain rural and environment protection zones 4.2B Minimum subdivision lot size for strata plan This clause is not applicable to the subject application. schemes in certain rural and environmental protection zones 4.3 Height of buildings Not adopted 4.4 Floor Space ratio Not adopted 4.5 Calculation of floor space ratio Not adopted 4.6 Exceptions to development standards This clause is not applicable to the subject application. Part 5 Miscellaneous Provisions 5.1 Relevant acquisition authority This clause is not applicable to the subject application. 5.2 Classification and reclassification of public This clause is not applicable to the subject application. land 5.3 Development near zone boundaries This clause is not applicable to the subject application. 5.4 Controls relating to miscellaneous permissible This clause is not applicable to the subject application. uses 5.5 Repealed Repealed 5.6 Architecture roof features Not adopted 5.10 Heritage conservation This clause is not applicable to the subject application. 5.11 Bushfire hazard reduction This clause is not applicable to the subject application. 5.12 Infrastructure development and use of This clause is not applicable to the subject application. existing buildings of the Crown 5.13 Eco Tourist facilities This clause is not applicable to the subject application. 5.14 Siding Spring Observatory – maintaining Not adopted dark sky 5.15 Defence communications facility Note adopted 5.16 Subdivision of, or dwellings on, land in Noted certain rural, residential or environmental protection zones 5.17 Artificial waterbodies in environmentally Not adopted sensitive areas 5.18 Intensive livestock agriculture This clause is not applicable to the subject application. 5.19 Pond – based, tank – based and oyster This clause is not applicable to the subject application. aquaculture
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 61
Part 6 Additional Local Provisions 6.1 Acid sulfate soils The site is located within: Class 1 – Any work
Class 2 – Works below the natural ground surface, works by which the watertable is likely to be lowered
Class 3 – Works beyond 1 metre below the natural ground surface, works by which the watertable is likely to be lowered to any point beyond 1 metre below the natural ground surface Class 4 – Works beyond 2 metres below the natural ground surface, works by which the watertable is likely to be lowered to any point beyond 2 metres below the natural ground surface Class 5 – Works which are likely to lower the watertable in adjacent Class 1, 2, 3 or 4 land to any point below 1 metre AHD.
From a review of Council’s mapping data, the site has been identified as being within the Class 5 acid sulphate soil area.
As the proposal is for a subdivision, there is no proposed construction. So there is no further assessment required.
6.2 Earthworks This clause is not applicable to the subject application. 6.3 Flood planning A review of the Flood Planning Map identifies a small portion of the site to be inundated by flood water.
Since the gazettal of the DLEP 2014, Council has undertaken an updated flood study of the Paterson river area. As a result, this study has found that the flood level for those affected properties is lower than previously stated. In this regard, the subject property is now no longer flood effected.
Based on the updated flood information, the property is not subject to flooding and therefore, the subdivision can be considered.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 62
6.4 Stormwater management This clause is not applicable to the subject application. 6.5 Drinking water catchments This clause is not applicable to the subject application. 6.6 Riparian land and watercourses This clause is not applicable to the subject application. 6.7 Erection of rural worker’s dwelling in Zone This clause is not applicable to the subject application. RU1 and Zone E3 6.8 Essential services This clause is not applicable to the subject application. 6.9 Development in proximity to a rail corridor on This clause is not applicable to the subject application. Verge Street 6.10 Williams River catchment This clause is not applicable to the subject application. 6.11 Dual occupancies in Zone RU1 This clause is not applicable to the subject application. 6.12 Protection of rural landscapes in rural and Noted environment protection zones
(a)(ii) ANY DRAFT EPI
There are no draft EPI’s applicable to the subject site or proposed development.
(a)(iii) ANY DEVELOPMENT CONTROL PLAN
The Dungog Development Control Plan (DCP) applies to the land. The applicable parts and their chapters, as well as their relevance to the assessment of the application, are considered below.
Chapter Control Discussion Applies C.1 Residential Development This section is not applicable to the subject application. C.2 Development in Rural This section is not applicable to the Residential Zones subject application. C.3 Building Line Setbacks This section is not applicable to the subject application. C.4 Erection of Farm Buildings This section is not applicable to the and Outbuildings – Sheds subject application. C.5 Bushfire This section is not applicable to the subject application. C.7 Buffer Zones This section is not applicable to the subject application. C.8 Managing Our Floodplains A review of the Flood Planning Yes. Map associated with the DLEP 2014, identifies a small portion of the site to be inundated by flood water.
Since the gazettal of the DLEP 2014, Council has undertaken an updated flood study of the Paterson river area. As a result, this study has found that the flood level for those affected properties is lower than previously stated. In this regard, the subject property is now no longer flood effected.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 63
Based on the updated flood information, the property is not subject to flooding and therefore, the subdivision can be considered without requiring a minimum floor level. C.9 Employment Development This section is not applicable to the subject application. C.11 Tourist Development This section is not applicable to the subject application. C.12 The Keeping of Dogs for This section is not applicable to the Commercial Purposes subject application. C.14 Building over of Near This section is not applicable to the sewer subject application. C.15 Contaminated land This section is not applicable to the subject application. C.16 Biodiversity This section is not applicable to the subject application. C.17 Heritage This section is not applicable to the subject application. C.18 Water Efficiency This section is not applicable to the subject application. C.19 Wind Energy Generation This section is not applicable to the Facilities subject application. C.20 Off Street Parking This section is not applicable to the subject application. C.22 Signage This section is not applicable to the subject application. C.23 Onsite sewage The proposed development is for a Yes. management two (2) lot sub division located at 37 Brisbane Grove Paterson, with the existing lot containing a dwelling. The proposed lot is classified as a high risk allotment under council’s development assessment framework and does not fall within the Hunter Water Drinking catchment.
The proposed new lot does not contain the required 4000m2 of useable land which is required under Council’s DAF due to a dam onsite. Though as the development does not fall within a water catchment the useable land required can be reduced after a cumulative impact assessment is undertaken to ensure the proposed sub division does not pose an Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 64
unacceptable risk to the receiving environment.
Decentralised Water Consulting has undertaken the cumulative impact assessment (CIA) meeting the criteria set out in the DAF. The CIA has shown based on its analysis the risk of nutrient, hydraulic and pathogen export to surface waters and groundwater posed by the proposed system will be negligible. Appreciable impacts of effluent on neighbouring properties or adjacent land are also considered unlikely, and OSSM will pose a low risk to public health and the environment.
After assessment of the waste water management report and cumulative impact assessment provided the site contains sufficient area available to safely dispose of effluent with minimal risk to the environment and public health, with the instillation of an Aerated Waste Water Treatment System (AWTS). The secondary treated effluent must be disposed of to the land via pressure compensating dripline to a land application area of a minimum 350m2. C.24 Site Waste Minimisation This section is not applicable to the and Management subject application.
(a)(iiia) – ANY PLANNING AGREEMENT OR DRAFT PLANNING AGREEMENT
There is no planning agreement or draft planning agreement that has been entered into under Section 7.4 of the Act that relates to the subject site.
(a)(iv) ANY MATTERS PRESCRIBED IN THE REGULATIONS
Division 8 of Part 6 of the Environmental Planning & Assessment Regulation 2000 (The Regulations) identify the matters prescribed for the purposes of this part. There are no clauses relevant to the application.
(b) THE LIKELY IMPACTS OF THE DEVELOPMENT
The proposed development is not expected to result in any significant impacts to the natural and built environment, or detrimental social or economic impacts in the locality. The proposal is consistent with the established development pattern in the area.
(c) THE SUITABILITY OF THE SITE
The development can be integrated into the locality without any significant adverse impacts. The site is therefore considered suitable for the proposed development.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 65 (d) ANY SUBMISSIONS MADE
Public Submissions The development application and accompanying information were placed on public exhibition for a period of 14 days from 10 July to 25 July 2019. As a result of the notification process a total of 9 submissions were received. These submissions were in the form of pro forma letters and all raised the same issues.
The following discussion addresses the issues and concerns raised in the submissions.
Issue Comment Approval of the application will be The original application was considered under DA contrary to the original Masterplan 120/2009 and assessed under the Dungog Local Environmental Plan 2006. As part of this development, building envelopes were placed on each parcel to identify the area in which structures could be erected.
The proposed development is a separate application lodged with Council for consideration. This application does not relate to the original masterplan and has been assessed on its merits. The approval of the application The land has been zoned for Large Lot Residential would be ad hoc and further development with a minimum lot size requirement of fragment land 8000m2.
The approval of this subdivision is not considered to be the fragmentation of land as the surrounding properties are zoned R5 Large Lot Residential. The approval of the subdivision The subject land is not located in an integrated community. would move away from an The allotments within the existing subdivision are all integrated community torrens title and there are no shared facilities within this estate, ie community hall or communal swimming pool area. In this regard, this concern is not a planning consideration.
The approval of the subdivision will The site is zoned R5 Large Lot Residential under the create a precedence to allow Dungog LEP 2014. This site has a minimum lot size further subdivision requirement of 8000m2. This means that each lot must meet the 8000m2 requirement. In this regard, the proposed lots meet the minimum lot size requirements under the DLEP.
The approval of this application will not create precedence in the area. The adjoining lands are zoned R5 Large Lot Residential and allows for further subdivision if the minimum lot size can be achieved.
The approval of the subdivision The proposed lot layout is considered to be a standard would not produce a sustainable uniform shape which will provide adequate area for a subdivision pattern dwelling and effluent disposal area to be constructed.
The approval of the application will The site is zoned R5 Large Lot Residential under the limit the location of any future Dungog LEP 2014. This site has a minimum lot size dwelling requirement of 8000m2. This means that each lot must meet the 8000m2 requirement. In this regard, the proposed lots meet the minimum lot size requirements under the DLEP.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 66 The 8000m2 requirement will allow sufficient area for a dwelling and associated structures as well as the waste water effluent area. The siting of the future dwelling will need to consider the location of the effluent disposal area in relation to the proximity to the dam.
As the application is for a subdivision, there has been no consideration to the location of any future dwelling.
Future dwellings will degrade the The application submitted is for a two lot subdivision. At rural and historic character of the this stage no dwelling has been proposed. In this regard, area (loss of amenity) no comment can be made as to whether future dwellings will detract from the rural and historic character of the area.
Existing building envelopes will be The existing building envelope on Lot 21 will not be comprised comprised as it will remain wholly within proposed Lot 1.
Part C.3 Building Line Setback of the Dungog DCP will apply to the land and will require a front setback of 15m and a side and rear setback of 10m for any future structure.
Living areas of adjoining dwellings The two properties that adjoin the site at the rear have will be overlooking the site. their dwellings located approximately 50m from their rear boundaries. The property directly adjoining the subject site has their dwelling located approximately 32m from the side boundary.
Any future dwelling to be constructed on Proposed Lot 2 would have minimal impact on these adjoining dwellings as the existing setback distances is more than adequate to provide sufficient privacy separation.
Also, the application is for a subdivision, there has been no consideration to the location of any future dwelling.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 67
The applicant was made aware of the submissions and has provided comments. The applicant’s comments are attached as Annexure ‘D’.
(e) THE PUBLIC INTEREST
The proposed development is in the public interest.
SECTION 7.11 – DEVELOPER CONTRIBUTIONS
An assessment of the application has been undertaken in relation to Dungog Shire Council’s Local Infrastructure Contributions Plan 2019 and it was found that Section 7.11 contributions are applicable to the development. In this regard, should the application be approved, the following amounts are to be paid to Council prior to the issuing of the release of the Subdivision Certificate. This will be imposed as a condition of consent.
Levy area Criteria Rate (based on Number Total 2019 doc) Open Space and Per resident $807.00 Recreation facilities Per secondary $1210.00 dwelling or self contained seniors housing dwelling Per studio or 1 bed $1210.00 dwelling Per 2 or more $2017.00 1 $2031.02 bedroom dwelling, detached dwelling or lot with a dwelling entitlement Roads and Traffic Per resident $3174.00 facilities Per secondary $3174.00 dwelling or self contained seniors housing dwelling Per studio or 1 bed $3174.00 dwelling Per 2 or more $7934.00 1 $7989.15 bedroom dwelling, detached dwelling or lot with a dwelling entitlement Plan Administration and Per resident $60.00 Management Per secondary $149.00 dwelling or self contained seniors housing dwelling Per studio or 1 bed $149.00 dwelling Per 2 or more $149.00 1 $150.04 bedroom dwelling, detached dwelling or lot with a dwelling entitlement TOTAL $10,170.20
The above amounts will be CPI indexed each quarter and the applicant will be required to obtain an updated calculation prior to paying the monies to Council.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 68 SECTION 7.12 – FIXED DEVELPOMENT CONTRIBUTIONS
The proposed development will not be required to pay Section 7.12 contributions as development will be required to pay Section 7.11 as the proposal involves a subdivision.
INTERNAL REFERRAL ASSESSMENT
The application was referred to the following internal sections of Council for consideration and comment. The outcomes of the referrals are outlined below.
Section Discussion Environmental Health The application was referred to Council’s EHO for consideration and comment.
Suitable conditions have been included in the recommended conditions of consent attached as Annexure ‘A’.
EXTERNAL REFERRAL ASSESSMENT
The application was not required to be referred to any Government Agencies for consideration and comment.
RECOMMENDATION
An assessment of the application has been carried out in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979. The proposed development is considered satisfactory in terms of the matters for consideration under the Act. Accordingly the development application is recommended for approval subject to conditions of consent.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 69 ANNEXURE ‘A’
Recommended conditions
1. The subdivision of Lot 21 DP 1184028, 37 Brisbane Grove, Paterson being carried out in accordance with the following information submitted with development application 84/2019, except as modified by the conditions of this consent and any amendments made in red:
Plan / Document Prepared By Dated Statement of Environment Effects Perception Planning 19 June 2019 Site plan Perception Planning 28 May 2019
2. A separate approval will be required for the installation of an on-site sewage management system to be approved by Council.
Advisory: A waste water management plan prepared by Decentralised Water Consulting (Ref Report.0301.001_0281, 37 Brisbane Grove Paterson, 23/05/2019) has been prepared in relation to site/soil conditions for effluent disposal on the above mentioned site.
Prior to Issue of a Subdivision Certificate
3. Application for a Subdivision Certificate is to be submitted to and approved by Council prior to release of the final linen plan of subdivision.
4. Submission of an original plan of survey by a Registered Surveyor and six (6) copies to Council for subdivision approval.
Advice: The final plans must conform generally with the subdivision proposal shown on the concept plan submitted with the Development Application and incorporate Council’s requirements.
5. The applicant shall service all lots within the subdivision with underground electricity and telecommunications in accordance with the requirements of the relevant authorities.
6. Suitable arrangements being made with an energy provider to ensure that:
(a) electricity will be available to each allotment created by the subdivision when and if development is proposed on the land; (b) that any transmission lines or other assets of an energy provider on private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with an energy provider for such relocation to be carried out.
Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply.
A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 70 7. Suitable arrangements being made with a telecommunications carrier to ensure that:
(a) communication will be available to each allotment created by the subdivision when and if development is proposed on the land; (b) that any transmission lines or other assets of a telecommunications carrier on private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.
Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct.
A letter from a telecommunications carrier stating that suitable arrangements have been made is to be submitted to Council, and accepted, prior to release of the linen plan of subdivision.
8. Prior to issue of the Subdivision Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.
9. The developer shall ensure that satisfactory arrangements have been made with Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.
Advice: A payment to Council for each lot created is required for rural addressing purposes.
10. Pursuant to section 7.11 of the EP&A Act and in accordance with the Dungog Local Infrastructure Contributions Plan 2019 (adopted April 2019), a contribution of $10,170.20 shall be paid to Council.
The contribution is for the following:
Open space and recreation $2,017.00 x 1 = $2,031.02 Road and traffic $7,934.00 x 1 = $7,989.15 Plan administration $149.00 x 1 = $ 150.04
The amount to be paid is to be adjusted at the time of actual payment, in accordance with the provisions in section 6.3 of the Dungog Local Infrastructure Contributions Plan 2019. The contribution is to be paid prior to the release of the Subdivision Certificate.
11. Any relocation or alterations of public utilities made necessary as a result of the development are to be carried out at no cost to Council.
12. All fees, Section 7.11 and other Contributions will need to be adjusted in accordance with Councils Fees & Charges applicable at the time of payment.
13. A Subdivision Certificate will not be issued nor the final plan signed and released by Council until all conditions of consent have been complied with to Council’s satisfaction.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 71 ANNEXURE ‘B’
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 72 ANNEXURE ‘C’
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 73
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 74
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 75
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 76
4. MODIFICATION OF DEVELOPMENT APPLICATION – DA1/2016
FILE NO: DA1/2016
A Modified Conditions of Consent
ANNEXURES: B Approved Subdivision Plan
C Proposed Plan of Subdivision
AUTHOR: Senior Town Planner/Development Officer
APPLICANT: Hilltop Planners Pty Ltd
OWNER: Cathy Easdown Modification from Four (4) Lot to Three (3) Lot Torrens Title PROPOSAL: Subdivision Lot 20 DP 13089 and Lot 112 DP 838007, No 854 and 662 LOCATION: Webbers Creek Road, Webbers Creek
ZONE: RU1 Primary Production
OFFICERS RECOMMENDATION:
That the conditions of Development Consent be modified as detailed in Annexure ‘A’.
Precis:
The following report considers an application under Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act) to modify development consent No 1/2016 for a four (4) lot subdivision at 854 and 662 Webbers Creek Road Webbers Creek. The modification seeks a number of changes to the consent including a reduction from four lots to three lots, the removal of the condition relating to the provision of telecommunications, a reduction in Section 94 Contributions, the removal of the requirement to register flood free building envelopes on the vacant lots and the removal of conditions associated with the requirements to construct a vehicular access across Webbers Creek.
*************
A thorough assessment of the development application has been undertaken in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 (EP&A Act) and it is recommended that the proposed modifications are approved.
BACKGROUND
Development consent was granted over Lot 20 DP13089 and Lot 112 DP 838007 (No 662 and 854 Webbers Creek Road, Webbers Creek on 10 November 2017 to create four allotments ranging in area from 60 hectares to 97.5 hectares (See Annexure ‘B’). The site is zoned RU1 Primary Production under Dungog LEP 2014 and each lot as approved meets the minimum lot size of 60 hectares. There is an existing dwelling on proposed lot 202, which is to be retained.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 77 The site is currently utilised for agriculture (cattle grazing) and ranges from gently undulating land to steep, vegetated hills. Webbers Creek, as well as several other watercourses traverse the property. As part of the original application, building envelopes were proposed on Lots 201, 203 and 204, with the existing dwelling to be retained on Lot 202. Access to the proposed building envelope on lot 203 required a crossing of Webbers Creek. The application was ‘integrated development’, requiring approval from the NSW Rural Fire Service due to the land being mapped as bushfire prone land as well as approval from NSW Department of Primary Industries – Water (now referred to as Natural Resource Access Regulator (NRAR)) for the creek crossing. The original application was also accompanied by a Flora and Fauna Assessment, Wastewater Management Report and a Flood Assessment.
Locality plans are provided in Figures 1 and 2 below.
Figure 2: Locality Plan
Figure 3: Aerial Photograph
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 78 The application to modify the development consent was first lodged in April 2018 and sought a number of changes to the consent including the removal of the condition relating to the provision of telecommunications, a reduction in Section 94 Contributions, the removal of the requirement to register flood free building envelopes on the vacant lots, the removal of conditions associated with the requirements to construct a vehicular access across Webbers Creek, and a change to the approved plan resulting in a variation to the minimum lot size. A report on the proposed modifications was considered at the Ordinary Meeting of Council on 17 April 2019. That report recommended that the proposed modifications be refused. The Council resolved as follows:
Prior to the site inspection being arranged, the applicant wrote to Council formally making application to further amend the Application. Most notably, this proposed to modify the subdivision from four lots to three lots (See Annexure ‘C’). The reduction to three lots has removed the necessity for a vehicular access to be constructed across Webbers Creek and has also resulted in larger sized lots, which do not require a variation to the minimum lot size. As such, the applicant advised that they believe the amended proposal addresses the concerns of Council and should alleviate the need for a site inspection by Council. Consequently a Councillor inspection of the site has not been arranged.
The proposed modifications have been assessed on the basis of all the information submitted by the applicant, with the proposed changes to the conditions of consent detailed below.
PROPOSED MODIFICATION
In accordance with Section 4.55(1A) of the EP&A Act, the consent authority may modify a development consent if:
(a) it is satisfied that the proposed modification is of minimal environmental impact, and (b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and (c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and (d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 79 Having regard to the above, it is considered that the application can be dealt with under Section 4.55 (1A) of the EP&A Act.
Specifically, the application to modify the development consent for the four lot subdivision comprises the following:
Condition 1 – Approved Plan
The applicant has submitted a revised plan of subdivision (prepared by Graeme Ferguson dated 27/6/19 Revision E). The Plan incorporates a three (3) lot subdivision including:
Lot 201 – 95.36 ha with two possible dwelling sites shown Lot 202 – 80 ha with existing dwelling house Lot 203 – 110.3 ha with one possible dwelling site shown
None of the identified dwelling sites require a crossing of Webbers Creek and all lots comply with the minimum lot size of 60 ha.
The second building envelope proposed for Lot 201 did not form part of the original approval. The applicant has submitted that it is the intention of the owners of Lot 201 to construct a dwelling near to an approved farm shed located on the high point of the lot. This area is clear of significant vegetation and well above flood height. However, being on a higher portion of the site, future development would need to comply with Clause 6.12 Protection of rural landscapes in rural and environment protection zones, which aims to manage visual impact of development in rural landscapes.
Condition 34 - Telecommunications
Condition 34 requires suitable arrangements being made with a telecommunications carrier to ensure that:
(a) communication will be available to each allotment created by the subdivision when and if development is proposed on the land; (b) that any transmission lines or other assets of a telecommunications carrier on private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.
The applicant’s initial submission suggests that Telstra are requesting a fee in excess of $13,000 to augment fixed cabling to serve the additional allotments and that Telstra will not commit to ensuring the new cabling will provide internet services due to these lots being located in excess of 5 kilometres from the nearest exchange. The applicant further submits that a Telstra/NBN tower at Paterson provides wireless telephone and internet access to the subject lots and is NBN’s preferred method of providing telephone and data services to the Webers Creek locality.
The owner has provided extracts from the nbn roll out map indicating that nbn Satellite (Sky Muster) service is available to each lot, with Fixed Wireless available to parts of proposed Lot 203. The owner has also provided extracts from the Telstra mobile coverage website, showing service available at the site. Various emails from both Telstra and NBN Co have also been submitted as well as a copy of the registered ‘Rural Exemption’ to the provisions of fibre ready ‘pit and pipe’ works under the Telecommunications Act 1997.
Condition 34 of the consent has three requirements:
a) communication will be available to each allotment created by the subdivision when and if development is proposed on the land Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 80 Comment: The provision of service can be satisfied by a letter from nbn stating that either the Sky Muster satellite service or the Fixed Wireless service is available to each lot. A Rural Exemption from installing “fibre-ready” pit and pipe has been registered.
b) that any transmission lines or other assets of a telecommunications carrier on private land be “protected” by an easement
Comment: This aspect of the condition requires confirmation by the relevant telecommunication provider that arrangements have been made for any necessary easements over their assets. This ensures that the proposed subdivision does not impact on any existing services and can be obtained from Telstra for minimal charge. The owner has submitted a copy of an email from Telstra dated 22 May 2018, which states that “the existing cable feeding this area, is on the opposite side of Webbers Creek Rd from your development. The existing house on lot 202 has an existing lead-in cable, connected via a pipe under the road from the existing cable on the opposite side of the road. There is no existing cable along the frontage of lots 201, 203 or 204. My assessment is that communication is available to lot 202, but is not available to lots 201, 203 or 204. My quote is to extend Telstra’s copper cable network to lots 201, 203 and 204, to ensure that communication will be available to each allotment, and so fulfil the council condition”. Based on this advice from Telstra, there is no infrastructure that would be required to be protected by an easement.
c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.
Comment: The email from Telstra dated 22 Amy 2018 confirms that no infrastructure is required to be relocated and the applicant proposes to utilise wireless technology for the provision of telecommunications.
Having considered the requirements of the condition, there appears to be no need for the condition to be deleted as it can be satisfied through the nbn satellite service without the need for augmenting fixed cabling to serve the three additional allotments.
Condition 38
Condition 38 relating Section 94 Contributions is proposed to be modified to reflect the current Section 7.11 Contribution rates, which are $10,100 per lot plus CPI. The proposed reduction in the contribution rate is consistent with the current plan and the previous resolution of Council.
Condition 39
As part of the original application, the applicant identified building envelopes on each of the proposed vacant lots. The building envelopes complied with building line setbacks, buffer distances to watercourses and were above the expected 1 in 100 year flood level. Condition 39 of the development consent requires that flood free building envelopes for Lot 201, 203 and 204 be identified and shown on the deposited plan. The conditions also requires a restriction that prohibits all building works within the area of inundation of the 100 year Average Recurrence Interval (ARI) flood and that the floor level of all habitable buildings shall be 500 mm above the 100 year ARI flood.
The condition reads as follows:
Flood free building envelopes for Lots 201, 203 and 204, as determined by the Flood Impact Assessment prepared by RPS Version 3 dated September 2017 and as shown on the approved plan, shall be shown on the plan of subdivision and a suitable 88B instrument in accordance with the Conveyancing Act, 1919 providing as follows:- Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 81
(a) Prohibit all building works within the area of inundation of the 100 year Average Recurrence Interval (ARI) flood.
(b) The floor level of all habitable buildings shall be 500mm above the 100 year Average Recurrence Interval (ARI) flood level.
(c) Providing that the Dungog Shire Council (the prescribed Authority) will be the person entitled to release or modify the Covenant.
All costs associated with the Covenant, including any legal costs payable to Council, are to be paid by the owner on whose behalf the applicant has lodged the application.
The signed 88B instrument shall be submitted to Council prior to release of the Subdivision Certificate.
The applicant initially sought to have this condition deleted, which was not supported by planning staff. However, as part of the revised subdivision, the applicant appears to have accepted the need for building envelopes. However, it has still been requested that the references to the 100 year ARI flood are removed from the restriction as this would require the area of inundation to be plotted on the registered plan over the entire site, which would be a costly exercise as the flood study that has been undertaken only applied to the areas in the vicinity of the proposed building envelopes.
The applicant suggests that as the building envelope limits the area for a dwelling to a known flood free area, this is sufficient to ensure no habitable building will be constructed below the 1% flood contour level. Council’s Consultant Development Engineer has reviewed the request and given that the flood study does not cover the entire site, it is recommended that the condition be modified to remove the references to the 100 year ARI flood as follows:
Flood free building envelopes for Lots 201 and 203, as determined by the Flood Impact Assessment prepared by RPS Version 3 dated September 2017, shall be shown on the plan of subdivision and a suitable 88B instrument in accordance with the Conveyancing Act, 1919 providing as follows:-
a) Prohibit all building works outside the specified building envelope.
b) Providing that the Dungog Shire Council (the prescribed Authority) will be the person entitled to release or modify the Covenant.
All costs associated with the Covenant, including any legal costs payable to Council, are to be paid by the owner on whose behalf the applicant has lodged the application.
The signed 88B instrument shall be submitted to Council prior to release of the Subdivision Certificate.
Reason: To minimise the extent of property damage and the risk of injury in the event of flooding of the site.
Condition 40
Condition 40 is proposed to be deleted as it related to the installation of flood warning signage, depth indicators and reflective guideposts being installed at the approaches to the access crossing of Webbers Creek. As the proposed three lot subdivision does not require a creek crossing, this condition should be deleted from the consent.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 82 Condition 41
Condition 41 of the consent requires the construction of an access road (driveway) from Webbers Creek Road to the “nominated dwelling site” on proposed Lot 203 in accordance with the requirements of Council’s AUSPEC standards, the NSW Rural Fire Service requirements of Planning for Bush Fire Protection and the requirements of the NSW Department of Primary Industries – Water (now Natural Resource Access Regulator). This includes a crossing of Webbers Creek.
As the subdivision has been changed from four (4) lots to three (3) lots and therefore is no longer a “nominated dwelling site” that requires access across Webbers Creek, this condition is to be deleted from the consent.
In addition to the above conditions which the applicant has requested to be modified, the following conditions also require modification as a result of the proposed amendments:
Condition 6
This condition formed part of the NSW RFS Bush Fire Safety Authority and required property access roads to comply with section 4.1.3(2) of ‘Planning for Bush Fire Protection 2006’. As part of the latest modification to the subdivision, the NSW RFS has confirmed that this now only applies to the access road to the existing dwelling. The condition is proposed to be modified accordingly.
Conditions 8 to 21
Conditions 8 through to 21 incorporated the General Terms of Approval issued by the NSW Natural Resource Access Regulator (NRAR) (previously DPI – Water) for the Controlled Activity Approval relating to the vehicular crossing of Webbers Creek. As the crossing is no longer proposed or required, these conditions are to be removed from the consent. NRAR have confirmed that a Controlled Activity Approval is no longer required for the modified proposal.
Conditions 22 to 24
Conditions 22 to 24 relate to requirements to be satisfied prior to the commencement of works. With the removal of the need to construct a driveway and vehicular crossing of Webbers Creek, no works are required for the subdivision. It is therefore recommended that these conditions are removed from the consent.
Conditions 25 to 27
Conditions 25 to 27 relate to requirements to be satisfied prior to the issue of a Construction Certificate. With the removal of the need to construct a driveway and vehicular crossing of Webbers Creek, a Construction Certificate is no longer required. It is therefore recommended that these conditions are removed from the consent.
Conditions 28 to 30
Conditions 28 to 30 relate to requirements to be satisfied during works. With the removal of the need to construct a driveway and vehicular crossing of Webbers Creek, no works are required for the subdivision. It is therefore recommended that these conditions are removed from the consent.
Details of the modified conditions are included in Annexure ‘A’.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 83 STATUTORY CONSIDERATIONS
Section 4.55 – Modification of Consents
Section 4.55(3) of the EP&A Act requires that, in determining an application for modification of a consent, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.
Further to the discussion previously in the report, the proposed modification has been assessed against the relevant heads of consideration under section 4.15 (1) and the reasons given for the granting of the consent. The main considerations are addressed as follows:
Provisions of any environmental planning instrument.
State Environmental Planning Polices
The proposed modifications do not result in any changes to the level of compliance with the relevant SEPP’s, including:
State Environmental Planning Policy (Rural Lands) 2008 – now repealed State Environmental Planning Policy No. 44 – Koala Habitat Protection State Environmental Planning Policy No. 55 – Remediation of Land
Dungog Local Environmental Plan 2014
The subject site is zoned RU1 Primary Production zone under the Dungog Local Environmental Plan 2014. The objectives of the RU1 Primary Production zone are:
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To provide for recreational and tourist activities that are compatible with the agricultural, environmental and conservation value of the land.
• To promote the rural amenity and scenic landscape values of the area and prevent the silhouetting of unsympathetic development on ridgelines.
The proposed modification from four lots to three lots is consistent with the zone objectives as it increases the size of each of the allotments resulting in greater opportunity for primary production and reduces the potential for land use conflict. Lot 201 proposes two building envelopes, with one being located on a ridgeline. From certain viewpoints, future development may become silhouetted and would be subject to detailed assessment if development is proposed at a later date. The issue of ridgeline development is discussed in greater detail under clause 6.12 of the LEP.
The following clauses of Dungog LEP 2014 are relevant to the proposed development:
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 84 4.1 Minimum subdivision lot size The objectives of this clause are as follows: (a) to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area, (b) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties, (c) to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls, (d) to ensure that lot sizes and dimensions allow dwellings to be sited to protect natural features and retain special features such as trees and views, (e) to protect and enhance waterways by restricting the creation of new riparian rights through subdivision so as to prevent increased direct access onto rivers. Subclause (3) of the clause requires that the size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
The minimum lot size for the subject site is 60 hectares. A summary of the lot sizes is provided below:
Lot No Original Approval Proposed Amendment 201 97.5 ha 95.36 ha 202 60 ha 80 ha 203 67 ha 110.3 ha 204 60 ha N/A
The proposed modification to the approved subdivision is consistent with clause 4.1.
6.6 Riparian land and watercourses
This clause applies to land identified as “Watercourse” on the Riparian Lands and Watercourses Map and all land that is within 40 metres of the top of the bank of each watercourse identified as “Watercourse” on that map. As a result of the proposed modification from four lots to three lots, works are no longer required within the vicinity of Webbers Creek or Rosewood Gully, which are mapped on the watercourse map.
5.16 Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones
Clause 5.16 of the LEP replaces the matters for consideration under the repealed SEPP (Rural Lands) and requires consideration of the following when determining an application for subdivision of land proposed to be used for the purposes of a dwelling or for the erection of a dwelling in certain zones including the RU1 Primary Production zone: (a) the existing uses and approved uses of land in the vicinity of the development, (b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development, (c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b), (d) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c).
The proposed modifications to the approved subdivision are unlikely to have a detrimental impact on any of the above considerations. Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 85 6.12 Protection of rural landscapes in rural and environment protection zones
The objective of this clause is to protect the rural amenity and character of rural and environmental land by managing visual impact. Subclause (3) states that:
Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:
(a) any buildings that form part of the development will blend into the landscape and not become silhouetted on a ridgeline, and
(b) the design, bulk and colours of any such buildings will be compatible with the surrounding landscape.
While no buildings are proposed as part of the subdivision, the location of the second proposed building envelope on Lot 201 is located on an elevated portion of the site and further development within the building envelope would have the potential to become silhouetted on the ridgeline, particularly when viewed from the south east. Following a site inspection and a review of the files for the property, it is noted that development consent has been granted for a farm building in the vicinity of the proposed building envelope on the subject site and development incorporating a dwelling and sheds has been approved on the ridgeline of the adjacent property under a Complying Development Certificate. A photograph of the ridgeline is provided in Figure 3.
Figure 3: Existing dwelling and sheds approved under a Complying Development Certificate on adjacent property.
When viewed from the west and south west, vegetation from a higher ridgeline forms a backdrop to the proposed building envelope. However, when viewed from the south and south east, there is the potential for future development to become silhouetted. Given the existing and approved development in the immediate vicinity, it is considered unreasonable to refuse the proposed building envelope. However, in an effort to reduce the visual impact of future development, it is recommended that a restriction is placed on the property title which requires buildings to be single storey, to be constructed with external colours limited to earthy tones (for example muted greens, brown and greys) and to not permit highly reflective materials and colours.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 86 Any development control plan
Dungog Shire Development Control Plan No 1
Part C Chapter 3 – Building Line Setbacks
The aims and objectives of this Chapter of the DCP are:
to ensure physical separation of buildings and uses between adjoining properties that may create community conflict. to ensure that development maintains the character of the locality. to enable guidelines for development to be clear and meet community expectation.
The DCP requires that “new subdivisions must nominate building envelopes that enable the construction of buildings that comply with the building line setbacks policy”. The revised plan identifies possible sites for dwellings which comply with the 50 m front, rear and side setback that are applicable to the RU1 Primary Production Zone. While future development of the proposed lots is capable of complying with setback requirements, the proposed lots are heavily constrained and therefore simple compliance with the building line setbacks would not result in suitable building locations and it is recommended that the building envelopes are identified on the registered plan.
Part C Chapter 8 – Managing Our Floodplains
As part of the original development application, the applicant submitted flood information which confirms that each lot contains flood prone land. The Matrix in Schedule 2 of the DCP specifies that for subdivisions within the Flood Fringe i.e from the high hazard area to the flood planning level, restrictions are to be placed on title advising of minimum floor levels required relative to the flood level. While the majority of the site is above the flood fringe, there are still areas within each proposed lot that would be considered flood fringe and therefore a condition requiring a restriction to be placed on the property title in relation to flooding was included on the original consent. However, as previously discussed in the report, the flood study that was undertaken for the site to support the development application, it did not cover the entire site and focused only on the proposed building envelopes. Given that building envelopes, which are above the 100 year ARI flood are proposed, it is not considered necessary or reasonable to require a flood study over the entire site in order for the flood level to be placed on the property title.
The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality -
Issues relating to flooding and telecommunications have been discussed previously in the report.
The suitability of the site for the development
The site contains a number of constraints including flooding, watercourses, riparian zones, slope, vegetation and bushfire prone land. However, the application has been able to demonstrate that these constraints can be adequately addressed and approval of the subdivision is considered acceptable, subject to a number of conditions, including the registration of building envelopes.
Any submissions made in accordance with this Act or the regulations
Both the original application and the modified proposal have been subject to advertising and neighbour notification requirements in accordance with Council’s DCP. No submissions were received to the original proposal or the first modification proposal. However, following
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 87 the reduction from four lots to three lots, the application was again advertised and neighbour notified and one submission was received.
The submission is from NSW Department of Primary Industries, who are an adjoining land owner at the Tocal property. The submission states:
While the submission states that the subdivision is not consistent with a number of the zone objectives, both the original and amended subdivision layout comply with the minimum lot size. The modified plan, as currently proposed increases the size of the lots compared to the original approval of four lots. The matters that are raised in the submission do not warrant further amendment of the proposal or refusal of the application to modify the consent.
The revised subdivision proposal was also referred to the NSW Rural Fire Service and Natural Resource Access Regulator as integrated development. The NSW RFS has issued a revised Bushfire Safety Authority and NRAR have confirmed that a Controlled Activity is no longer required.
The public interest
The proposed modification is considered to be in the public interest as it will create three new allotments which comply with the minimum lot size for the RU 1 Primary Production zone and the revised subdivision layout will avoid any works within Webbers Creek, thereby reducing environmental impact.
CONCLUSION
Having assessed the proposed modification in accordance with Section 4.55 and the relevant provisions of Section 4.15 of the Environmental planning and Assessment Act 1979, it is recommended that the revised subdivision layout is approved, subject to the modification of conditions as detailed in the report and Annexure A.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 88 ANNEXURE ‘A’
General
1. The subdivision of Lot 20 DP 13089 and Lot 112 DP 838007 being carried out in accordance with the following information submitted with development application 1/2016 (as modified), except as modified by the conditions of this consent:
(a) Plans Reference:
Drawings prepared by: Graeme Ferguson Name of Plan Drawing No. Issue Date Proposed Subdivision 01 A 16/10/2015 of Lot 20 DP 13089 E 27/06/2019 and Lot 112 DP 838007 at Webbers Creek
(b) Document Reference:
Document Reference Author Date Statement of - Hill Top Planners December 2015 Environmental Effects Bushfire Threat - Firebird ecoSultants 11/11/2015 Assessment Pty Ltd Wastewater - Decentralised Water 12/01/2017 Management Report Consulting Fauna and Flora - W.M Dowling May 2016 Assessment, Koala Habitat Assessment and Assessment of Significance Flood Impact Version 3 RPS September 2017 Assessment
2. A separate approval will be required for the installation of an on-site sewage management system to be approved by Council for all created lots.
3. The effluent disposal areas for proposed lots 201, 202, 203 and 204 are to be located as indicated on the site plan figure 2 from Decentralised Water Consulting ref R.0066.001.00_Webberscreekroad_Subdivision_WMR 12th January 2017.
Advisory: A waste water management plan prepared by Decentralised Water Consulting ref R.0048.001.01_Webberscreekroad_ Subdivision_WMR 12th January 2017 has been prepared in relation to site/soil conditions for effluent disposal on the above mentioned lots.
NSW Rural Fire Service Bushfire Safety Authority
Asset Protection Zones
4. The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 89
At the issue of subdivision certificate and in perpetuity, the land surrounding the existing dwelling(s) on proposed Lot 202, to a distance of 10 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.
Water and Utilities
5. The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:
Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.
Access
6. The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:
Property access roads for the existing dwelling on proposed lot 202 shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.
Design and Construction
7. The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:
The existing building on proposed Lot 202 is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.
Department of Primary Industries – Water (General Terms of Approval)
Plans, Standards and Guidelines
4. These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to and provided by Council via email on 7 and 8 April 2016:
(i) Site plan, map and/or surveys.
Any amendments or modifications to the proposed controlled activities may render these GTA invalid. If the proposed controlled activities are amended or modified DPI Water (formerly the NSW Office of Water) must be notified to determine if any variations to these GTA will be required.
5. Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from DPI Water. Waterfront land for the purposes of this DA is land and material in or within 40 metres of the top of the bank or shore of the river identified.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 90 6. The consent holder must prepare or commission the preparation of: (i) Vegetation Management Plan; (ii) Amendments to Plans – The Creek Crossing must be designed in accordance with DPI Water Guidelines for Watercourse Crossings, and be a bridge type structure or box culverts.
7. All plans must be prepared by a suitably qualified person and submitted to the DPI Water for approval prior to any controlled activity commencing. The following plans must be prepared in accordance with DPI Water's guidelines located at www.water.nsw.gov.au/ Water-Licensing Approvals.
(i) Vegetation Management Plans; (ii) Laying pipes and cables in watercourses; (iii) Riparian Corridors; (iv) In-stream works; (v) Outlet structures; (vi) Watercourse crossings.
8. The consent holder must: (i) carry out any controlled activity in accordance with approved plans; and (ii) construct and/or implement any controlled activity by or under the direct supervision of a suitably qualified professional; and (iii) when required, provide a certificate of completion to DPI Water.
Rehabilitation and Maintenance
9. The consent holder must carry out a maintenance period of two (2) years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the DPI Water.
Reporting Requirements
10. The consent holder must use a suitably qualified person to monitor the progress, completion, performance of works, rehabilitation and maintenance and report to DPI Water as required.
Bridge, Causeway, Culverts and Crossing
11. The consent holder must ensure that the construction of any bridge, causeway, culvert or crossing does not result in erosion, obstruction of flow, destabilisation or damage to the bed or banks of the river or waterfront land, other than in accordance with a plan approved by DPI Water.
12. The consent holder must ensure that any bridge, causeway, culvert or crossing does not obstruct water flow and direction, is the same width as the river or sufficiently wide to maintain water circulation, with no significant water level difference between either side of the structure other than in accordance with a plan approved by DPI Water.
Disposal
13. The consent holder must ensure that no materials or cleared vegetation that may: (i) obstruct flow; (ii) wash into the water body; or (iii) cause damage to river banks; are left on waterfront land other than in accordance with a plan approved by DPI Water.
Excavation
14. The consent holder must ensure that no excavation is undertaken on waterfront land other than in accordance with a plan approved by DPI Water.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 91 15. The consent holder must ensure any excavation does not result in:
(i) diversion of any river; (ii) bed or bank instability; or (iii) damage to native vegetation within the area where a controlled activity has been authorised, other than in accordance with a plan approved by DPI Water.
Maintaining River
16. The consent holder must ensure that:
(i) river diversion, realignment or alteration does not result from any controlled activity work; and (ii) bank control or protection works maintain the existing river hydraulic and geomorphic functions; and (iii) bed control structures do not result in river degradation other than in accordance with a plan approved by DPI Water.
River Bed and Bank Protection
17. The consent holder must establish a riparian corridor along Webbers Creek in accordance with a plan approved by DPI Water.
Prior to Commencement of Works
18. A Construction Certificate is to be issued by the Certifying Authority prior to commencement of any site works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000 and conditions of the Development Consent.
19. Separate approval from Council as the Roads Authority must be obtained under Section 138 of the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve. For any such works, detailed engineering design plans must be submitted to Council for approval prior to issue of the Construction Certificate.
20. The control of erosion, and the prevention of silt discharge into drainage systems and waterways, will be necessary in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Erosion control measures are to be implemented prior to the commencement of any works, and shall be maintained until satisfactory completion and restoration of the site, including revegetation of all exposed areas.
Prior to Issue of a Construction Certificate
21. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval for the internal access road serving Lot 203 including associated drainage and erosion/sediment controls associated with construction of the access road from Webbers Creek Road to the proposed building envelope including: -
a. Construction of an access road to provide a minimum of 4 metre wide, 100mm depth gravel formation including allowance for the conveyance of stormwater under the proposed access road with reinforced concrete culverts and headwalls (minimum 375mm diameter) in accordance with Council’s AUSPEC Standards and NSW Rural Fire Service ‘Planning for Bushfire Protection’ to serve the proposed development.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 92 b. Structural and hydraulic design details of the proposed road crossing of Webbers Creek. Such crossing shall be designed and constructed in accordance with Council’s AUSPEC, NSW Rural Fire Service ‘Planning for Bushfire Protection’ and NSW Department of Primary Industries - Water standards and shall include flood warning signage, depth indicators and reflective guideposts in accordance with AS 1743.
The detailed plans, structural engineer’s certification, specifications, existing and proposed surface levels and copies of the calculations, prepared by an engineer suitably qualified and experienced, shall be submitted to and approved by Council prior to release of any Construction Certificate.
22. A Controlled Activity Approval must be obtained from NSW Department of Primary Industries (Water) for any controlled activity on waterfront land. A copy of the Controlled Activity Approval must be provided to Council prior to issue of any Construction Certificate.
23. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval for a gravel access crossing from Webbers Creek Road to Lot 203 complying with the requirements of the Council Drawing Number SD0002 titled “Private Entrance – Rural Gravel Road" - May 2001 The entrance shall be constructed so as not to impede the flow of water in any table drain.
During Works
24. If any Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work:
a) all excavation or disturbance of the area must stop immediately in that area, and
b) the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.
Note: If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.
25. Any relocation or alterations of public utilities made necessary as a result of the development are to be carried out at no cost to Council.
26. The developer shall construct erosion and sediment control facilities to deal with all aspects of earthworks associated with the development and in accordance with signed construction certificate plans issued. Sediment control measures shall be provided for the duration of the works and until the site is stabilised.
Prior to Issue of a Subdivision Certificate
27. Application for a Subdivision Certificate is to be submitted to and approved by Council prior to release of the final linen plan of subdivision.
28. Submission of an original plan of survey by a Registered Surveyor and six (6) copies to Council for subdivision approval.
Advice: The final plans must conform generally with the subdivision proposal shown on the concept plan submitted with the Development Application and incorporate Council’s requirements.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 93 29. Suitable arrangements being made with an energy provider to ensure that:
(a) electricity will be available to each allotment created by the subdivision when and if development is proposed on the land; (b) that any transmission lines or other assets of an energy provider on private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with an energy provider for such relocation to be carried out.
Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply.
A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.
30. Suitable arrangements being made with a telecommunications carrier to ensure that:
(a) communication will be available to each allotment created by the subdivision when and if development is proposed on the land; (b) that any transmission lines or other assets of a telecommunications carrier on private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.
Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct.
A letter from a telecommunications carrier stating that suitable arrangements have been made is to be submitted to Council, and accepted, prior to release of the linen plan of subdivision.
31. Prior to issue of the Subdivision Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.
32. The developer shall ensure that satisfactory arrangements have been made with Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.
Advice: A payment to Council for each lot created is required for rural addressing purposes.
33. Prior to the release of a Subdivision Certificate, certification by a suitably qualified person is to be provided to the Principle Certifying Authority demonstrating compliance with the NSW Rural Fire Service Bushfire Safety Authority conditions (conditions 4 to 7).
34. Payment of a cash contribution to Council in accordance with the provisions of Dungog Section 94 Contributions Plan 2004 adopted 29 September 2004 as amended September 2015.
The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of linen plan and subdivision certificate.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 94 Paterson Catchment Sports Fields $3,892.03 Parklands $218.42 Swimming Pool $1,041.85 Indoor Sports Facility $1,094.78 Local Community Centre $338.35 District Community Centre $235.17 Youth Venue $192.29 Arts & Craft Centre $64.99 Aged Facility $176.88 Library $503.84 Pre-School $667.99 Rural Sub-Arterial Roads upgrades $684.74 Rural Local Roads & Intersection upgrades $2,609.65 Bikeway Facilities $706.18 Fire Services $1,128.95 Section 94 Management $795.29 Administration $563.47 Total $14,914.87 x 3 additional lots created ($44,744.61 total)
Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog.
The applicant and / or subdivider must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent.
Pursuant to section 7.11 of the EP&A Act and in accordance with the Dungog Local Infrastructure Contributions Plan 2019 (adopted April 2019), a contribution of $20,200 shall be paid to Council.
The contribution is for the following:
Open space and recreation $4,034.00 Road and traffic $15,868.00 Plan administration $298.00
The amount to be paid is to be adjusted at the time of actual payment, in accordance with the provisions in section 6.3 of the Dungog Local Infrastructure Contributions Plan 2019. The contribution is to be paid prior to the release of any construction certificate, linen plan or subdivision certificate.
35. Flood free building envelopes for Lots 201 and 203 and 204, as determined by the Flood Impact Assessment prepared by RPS Version 3 dated September 2017 and as shown on the approved plan, shall be shown on the plan of subdivision and a suitable 88B instrument in accordance with the Conveyancing Act, 1919 providing as follows:-
(a) Prohibit all building works outside the specified building envelope. within the area of inundation of the 100 year Average Recurrence Interval (ARI) flood.
(b) Building colours (including roof and wall cladding) for any building on the lot burdened are limited to earthy tones (for example muted greens, brown and greys) and highly reflective materials and colours may not be used.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 95 (b) The floor level of all habitable buildings shall be 500mm above the 100 year Average Recurrence Interval (ARI) flood level.
(c) Providing that the Dungog Shire Council (the prescribed Authority) will be the person entitled to release or modify the Covenant.
All costs associated with the Covenant, including any legal costs payable to Council, are to be paid by the owner on whose behalf the applicant has lodged the application.
The signed 88B instrument shall be submitted to Council prior to release of the Subdivision Certificate.
36. Prior to issue of a Subdivision Certificate, flood warning signage, depth indicators and reflective guideposts shall be installed at the approaches to the Lot 203 access crossing of Webbers Creek in accordance with AS 1743.
37. Prior to issue of a Subdivision Certificate the developer shall construct: -
(a) Construction of an access road to the building envelope of Lot 203 to provide a minimum of 4 metre wide, 100mm depth gravel formation including allowance for the conveyance of stormwater under the proposed access road with reinforced concrete culverts and headwalls (minimum 375mm diameter) in accordance with Council’s AUSPEC Standards and NSW Rural Fire Service ‘Planning for Bushfire Protection’ to serve the proposed development.
(b) The proposed road crossing of Webbers Creek. Such crossing shall be designed and constructed in accordance with Council’s AUSPEC, NSW Rural Fire Service ‘Planning for Bushfire Protection’ and NSW Department of Primary Industries - Water standards and shall include flood warning signage, depth indicators and reflective guideposts in accordance with AS 1743.
(c) A gravel access crossing to Lot 203 complying with the requirements of the Council Drawing Number SD0002 titled “Private Entrance – Rural Gravel Road" - May 2001. The entrance shall be constructed so as not to impede the flow of water in any table drain.
38. Any relocation or alterations of public utilities made necessary as a result of the development are to be carried out at no cost to Council.
39. The making good to the satisfaction of Council, or payment of the costs incurred by Council in making good, any pavement damage or structural deterioration caused to Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.
40. All fees, Section 94 and other Contributions will need to be adjusted in accordance with Councils Fees and Charges applicable at the time of payment.
41. A Subdivision Certificate will not be issued nor the final plan signed and released by Council until all conditions of consent have been complied with to Council’s satisfaction.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 96 ANNEXURE ‘B’
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 97 ANNEXURE ‘C’
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 98
DEVELOPMENT APPLICATION – 37/2018 5. FLOOD REFUGE MOUND FOR STOCK HOLDING YARD LOT 3 DP251382, 135 MARTINS CREEK ROAD, PATERSON FILE NO: DA37/2018
A Draft Conditions of Approval ANNEXURES B Proposed Conditions of Refusal 17 July 2019
AUTHOR: Manager Planning
APPLICANT: Hill Top Planners Pty Ltd
OWNER: Mr Richard Green Development Application 37/2018 Flood Refuge Mound for stock PROPOSAL: Holding Yard
LOCATION: LOT: 3 DP: 251382, 135 Martins Creek Road, PATERSON
ZONE: Zone E3 Environmental Management
OFFICERS RECOMMENDATION:
That
1. The report be received and noted;
2. Council consider the draft Conditions of Consent provided at Annexure ‘A’.
3. Council determine the conditions of approval for DA37/2018.
Precis:
An application for consent to construct an Earthen Mound for a Cattle Refuge in Flood Time - Stock Holding Yard (DA 37/2018) was lodged with Council on 23 March 2018.
The application has been reported to Council on three (3) occasions, on each occasion the Council Staff recommendation was that the application be refused as the proposal for filling within a floodway was:
not consistent with Section 6.3 (3) (b) of the Dungog LEP, not consistent with Section C8 of the Dungog DCP ‘Managing Our Floodplains”, and not consistent with the NSW Government Floodplain Development Manual.
The application was firstly deferred to allow for a site inspection.
The application on its second reporting to Council (17 April 2019) was deferred so as to allow the applicant to amend the development application.
The applicant subsequently submitted an amended application seeking approval to a smaller cattle mound 20m x 40m as opposed to the original 20 x 65m mound.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 99 The height of the mound has also been reduced from RL 13.0m AHD to RL 11.7m AHD and having its overall footprint reduced such that the mound height has generally been lowered from around 5 metres in height to around 3 metres in height.
On 17 July 2019 Council at its Ordinary Meeting resolved that this matter be deferred until the August meeting of Council to enable draft conditions of approval to be provided for Council. The report from the July Ordinary Meeting has been circulated to Councillors for reference under separate cover.
In accordance with Council’s resolution of 17 July 2019 Draft Conditions of Consent are provided at Annexure ‘A’.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 100 ANNEXURE ‘A’
General
1. The development being carried out in accordance with the following information submitted with development application 37/2018, except as modified by the conditions of this consent:
- Plan of proposed Flood Refuge Mound on Lot 3 DP251382 at Paterson, Sheet 1 & 2 Editions D & E respectively Prepared by G Ferguson dated 15/4/2019;
- Statement of Environmental Effects Livestock Refuge Mound Lot 3 DP251382 135 Martins Creek Road Paterson, April 2019;
- Additional information Development Application 37/2018 Response to request for Additional Information, prepared by Richard Bennett Hilltop Planners dated 6 June 2019.
2. The construction of the mound and compliance with all conditions of consent shall be completed within two (2) years from the date of commencement of construction for the said mound.
3. Topsoil shall be stripped and stockpiled from the footprint of the mound prior to construction. The stockpile shall be located clear of any natural watercourse. Upon completion of the mound, all surfaces are to be covered in a minimum of 100mm of topsoil and planted with a good holding grass such as couch or the like. Appropriate sediment and erosion control measures are to be applied to the stockpile site.
4. The mound is to be adequately compacted by heavy rolling using a pad foot roller or similar in layers no greater than 300mm.
5. All fill imported onto the site shall be validated to ensure the imported fill is suitable for the proposed land use. Fill imported on to the site shall be compatible with the existing soil characteristic for site drainage purposes.
Validation of imported fill material must be submitted to council prior to the issue of any use of the use or occupation of the mound.
All fill imported onto the site must be validated by either one or both of the following methods:
a) Imported fill should be accompanied by documentation from the supplier which certifies that the material is not contaminated based upon analyses of the material for the known past history of the site where the material is obtained; and/or
b) Sampling and analysis of the fill material shall be conducted in accordance with NSW EPA (1995) Sampling Design Guidelines.
c) Any fill material that is imported onto the site must be analysed and classified by an appropriately qualified and experienced environmental consultant in accordance with relevant NSW EPA guidelines, including the “Waste Classification Guidelines” 2014.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 101 To ensure that fill material is suitable for the proposed [use], only material classified as Virgin Excavated Natural Material (VENM) or Excavated Natural Material (ENM) is permitted to be imported onsite.
6. The registered proprietor of the land shall be responsible for all costs incurred in the necessary relocation of any services affected by the required construction works.
Council and other service authorities should be contacted for specific requirements prior to commencement of any works
Prior to commencement of works
7. Prior to the commencement of works which includes any works within a Council road reserve a separate approval from Council as the Roads Authority must be obtained under Section 138 of the Roads Act 1993
For any such works, detailed engineering design plans must be submitted to Council for approval prior to the commencement of works.
8. Prior to the commencement of works the developer shall arrange for detailed engineering design plans to be submitted to Council for approval for: -
Roadwork including associated drainage and erosion/sediment controls associated with; a) Upgrading of Martins Creek Road to allow for the installation of a sealed entrance to the subject Lot complying with the requirements of Council’s standard drawings. The entrance shall be constructed so as not to impede the flow of water in any table drain. The driveway location shall be site to minimise the clearing of remnant native vegetation.
b) The developer shall arrange for detailed engineering design plans to be submitted to Council for approval to provide: -
Erosion and Sediment Control facilities to deal with all aspects of earthworks associated with the development.
The detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book).
Sediment control measures shall be provided for the duration of the works and until the site is stabilised.
9. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil and other pollutants onto any road.
10. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval for: -
The developer shall construct all roadworks, vehicle access/footpath crossings, stormwater drainage and erosion and sediment control facilities in accordance with the approved construction plans issued for the development, in accordance with the standards set out in AUS-SPEC and to the satisfaction of Council.
The making good to the satisfaction of Council, or payment of the costs incurred by Council in making good, any pavement damage or structural deterioration caused to
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 102 Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.
11. The control of erosion and the prevention of silt discharge into drainage systems and waterways will be necessary in accordance with Council’s “Engineering Requirements for Development”, Department of Conservation and Land Management's 'Urban Erosion and Sediment Control’ requirements and the Department of Housing ‘Soil and Water Management for Urban Developments’.
12. Erosion control measures are to be implemented prior to the commencement of any earthworks and shall be maintained until satisfactory completion and restoration of site earthworks, including revegetation of all exposed areas.
13. Prior to any work commencing, a Construction Traffic Management Plan in accordance with the RMS Traffic Control at Work Sites – Version 4 June 2010, is to be prepared and endorsed by a suitably qualified Traffic Controller and held on site. The Traffic/Pedestrian Management Plan is to be established prior to any construction to ensure the safety of the normal flow of traffic on the road or deviation of pedestrians.
The design and implementation of TCPs must only be undertaken by person/persons who are qualified, authorised and have passed RMS approved training courses (Holding a Current Red or Orange Card). The TCP must include the name and certificate number of the accredited person. A copy of the TCP is to be submitted to Council prior to starting works on-site.
During Construction
14. 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 1:00 pm Saturday. No work will occur on Sundays or Public Holidays.
15. To minimise soil erosion during construction, the owner/builder shall ensure that the following measures are implemented in the sequence outlined:-
(i) A dish shaped diversion drain or similar structure will be constructed above the mound site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall). (ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop"). (v) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed. (iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve. (v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated. (vi) If soil or other materials are spilt accidentally onto the roadway including road shoulders such material shall be removed prior to the completion of the day's work.
All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice.
Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to an on- the-spot fine. Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 103
16. Upon completion of the works and prior to use of the mound, a Work as Executed (WAE) plan prepared by a registered surveyor must be submitted to, and approved by, Council, clearly showing all aspects of the approved works. WAE plan information should be shown in red on a stamped copy of the approved drawings.
Advice
17. The finished surface level of the proposed mound is RL 11.70m AHD, it is noted that this equates closely to the current 1:100 year ARI flood level as determined by the Paterson River Flood Study at this location being RL 11.60m AHD. Council therefore advises that the mound will be inundated during large flood events and the mound will not provide safe refuge for cattle for events larger than the 1:100 year ARI flood.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 104 ANNEXURE ‘B’
The application be REFUSED for the following reasons:
1. The development is contrary to the provisions of Clause 6.2 Earthworks of the Dungog LEP 2014 in that it does not seek to;
(a) have regard to the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,
(c) have regard to the quality of the fill or the soil to be excavated, or both, and seeks to utilise potentially contaminated soils (ENM) for the construction of the mound,
(d) have regard to the effect of the development on the existing and likely amenity of adjoining properties,
(e) have regard to the source of any fill material,
(g) have regard to the proximity to, and potential for adverse impacts on, the Paterson River,
(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
2. The development is contrary to the provisions of Clause 6.3 Flood planning of the Dungog LEP 2014 in that it does not seek to;
(a) to minimise the flood risk to life and property associated with the use of land,
(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c) to avoid significant adverse impacts on flood behaviour and the environment.
3. The development:
(a) is incompatible with the flood hazard of the land, and
(b) will have the potential to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c) does not incorporates appropriate measures to manage risk to life from flood, and
(d) is likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e) is likely to result in unsustainable social and economic costs to the community as a consequence of flooding.
4. The development is contrary to the provisions of Councils DCP C8 Managing our Flood Plains.
5. The development is contrary to the provisions of the NSW Government Floodplain Development Manual.
6. For the reasons given above approval of the application would not be in the public interest. Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 105
6. DEVELOPMENT APPLICATIONS – DELEGATED AUTHORITY & TRACKING
FILE NO: EF 08/228
ANNEXURES: Nil
AUTHOR: Planning Manager Rural & Urban Development - Ensure that our land use planning COMMUNITY STRATEGIC for the Shire acknowledges the importance of our rural PLAN: character and agricultural activities. 4.2 Processing of Development Applications to ensure the DELIVERY PROGRAM: ongoing environmental sustainability of the LGA.
OFFICERS RECOMMENDATION:
That the report be received and the information noted.
Precis:
Development Consent has been granted to the following development applications under delegated authority for the month of July 2019.
****** Annexure ‘A’ contains a list of current Development Applications that have been with Council for more than 60 days and is provided for Councillors information.
DA 69/2014 Lot 52 DP 1239772, Lot 5 DP 39349, Nos 315 & 319 Chichester (TPA 2758/012) Dam Road, Bendolba. Modification to Two (2) Lot Subdivision to allow for Amendment to Condition No 1. Approved subject to conditions 30 July 2019. DA 85/2014 Pt Lot 155 DP 752445 No 521 Martins Creek Road, Paterson. (TPA 1652) Modification to Eleven (11) Lot Subdivision to allow for amendment to Condition 14. Approved subject to conditions 31 July 2019. DA 155/2015 Lot 5 DP 1176703 No 14 Deptford Close, Clarence Town. (TPA 2994/0015) Modification to Dwelling, Spa Pool and Shed to allow for a change of roof design and building footprint. Approved subject to conditions 8 July 2019. DA 154/2016 Lot 10 DP 1162752, Fotheringay Road, Clarence Town. (TPA 2996/32) Modification to Four (4) Lot Subdivision to allow for amendment to Condition 24 dealing with s11.7. Approved subject to conditions 19 July 2019. DA 169/2017 Lot 2 DP 248820 No 1204 East Seaham Road, Clarence Town. (TPA 3290/02) Modification to Eight (8) Lot Torrens Title Subdivision to allow for amendment to condition 24 of consent relating to development contributions. Approved subject to conditions 2 July 2019. DA 108/2018 Lot 100 DP 626560 No 1226 East Seaham Road, Clarence Town. (TPA 3290/011) Three (3) Lot Torrens Title Subdivision. Approved subject to conditions 5 July 2019. DA 111/2018 Lot 8 DP 242889 No 80 Horns Crossing Road, Vacy. Modification (TPA 1553/038) to Dwelling, Garage, Swimming Pool, Shed (including demolition of existing dwelling) to allow for amendment to condition 6 of consent. Approved subject to conditions 12 July 2019.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 106 DA 126/2018 Lot 100 DP 1009577, Lot 779 DP 1142943, Lot 1 DP 782775, Lot (TPA 1382/52) 20 DP 15187, Lot 101 DP 1009577, Lot 1 DP 1211675, Lot 36 DP 15187, Lot 37 DP 15187, Lot 38 DP 15187, Lot 39 DP 15187, Lot 40 DP 15187, Lot 41 DP 15187, Lot 44 DP 15187, Lot 452 DP 865524, Lot 42 DP 15187, Lot 50 DP 15187, Lot 51 DP 15187, Lot 52 DP 15187, Lot 53 DP 15187, Lot 54 DP 15187, Lot 11 DP 15187, Lot 16 DP 15187, Lot 17 DP 15187, Lot 21 DP 15187, Lot 23 DP 15187, Lot 24 DP 15187, Lot 66 DP 622647, Nos 790, 779, 786, 789, 792 783, 802, 797, 781 & 803 Gresford Road, Vacy. Temporary Event – Vacy Village Country Carnival. Approved subject to conditions 25 July 2019. DA 24/2019 Lot 501 DP 857770 No 158 Moonabung Road, Vacy. Modification (TPA 2920/1) to New Rural Shed to allow for inclusion of additional walls. Approved subject to conditions 4 July 2019. DA 38/2019 Lot 22 DP 778645 No 797 Allyn River Road, Allynbrook. Dwelling (TPA 1524/02) over previous footprint. Approved subject to conditions 4 July 2019. DA 41/2019 Lot 11 DP 1021970, No 2657 Glendonbrook Road, Gresford. Two (TPA 2168/2) (2) Lot Subdivision. Approved subject to conditions 5 July 2019. DA 59/2019 Por 109 DP 753201 No 250 Sheltons Road, Bandon Grove. Single (TPA 2822/012) Storey Dwelling & Carport. Approved subject to conditions 29 July 2019. DA 62/2019 Lot 11 DP 1083079, Lot 1 DP 998639, Nos 250-260 Dowling (TPA 463) Street, Dungog. Change of Use – Fit out for Hair/Beauty Salon. Approved subject to conditions 16 July 2019. DA 63/2019 Lot 3 DP 242889 No 162 Horns Crossing Road, Vacy. New (TPA 1553/033) Dwelling to form Dual Occupancy. Approved subject to conditions 24 July 2019. DA 66/2019 Lot 1 DP 1206901 No 53 Hilldale Road, Hilldale. Modification to (TPA 1958/03321) Dwelling to allow for amendment to Condition 7 and deletion of Condition 15 of consent. Approved subject to conditions 18 July 2019. DA 69/2019 Lot 41 DP 633663, Lot 46 DP 883919 No 824 Fosterton Road, (TPA 2750/2) Fosterton. Temporary Event – Sculpture on the Farm – 4-7 October 2019. Approved subject to conditions 26 July 2019. DA 75/2019 Lot 52 DP 1239772 No 315 Chichester Dam Road, Bendolba. (TPA 2758/012) Rural Shed, Dam and Water Tank. Approved subject to conditions 8 July 2019. DA 76/2019 Lot 123 DP 1220678 No 11 Paperbark Drive, Clarence Town. (TPA 3299/01252) Shed. Modification to Shed to allow amendment to site plan. Approved subject to conditions 10 July 2019. DA 80/2019 Lot 1 DP 530341 No 80 Goldmine Road, Glen Martin. Temporary (TPA 2362) Event – Motorcycle Event to be held two weekends per year over a five year period. Approved subject to conditions 30 July 2019. DA 81/2019 Lot 6 DP 248699 No 22 Clements Road, East Gresford. Single (TPA 2177/04) Storey Dwelling. Approved subject to conditions 17 July 2019. DA 85/2019 Lot 1 DP 783677, Lot 100 DP1047610 No 3108 Allyn River Road, (TPA 1765/01) Upper Allyn & No 542 Salisbury Gap Road, Upper Allyn. Inground Swimming Pool. Approved subject to conditions 23 July 2019. DA 92/2019 Por 274 DP 752457 No 60 Eloiza Street, Dungog. Carport. (TPA 577) Approved subject to conditions 4 July 2019. DA 93/2019 Lot 123 DP 1251104 No 79 Park Street, East Gresford. Shed. (TPA 1322/1101) Approved subject to conditions 5 July 2019. DA 94/2019 Lot 1 DP 304817 No 2 Clarence Town Road, Dungog. Alterations (TPA 386) and/or Additions to Existing Dwelling. Approved subject to conditions 5 July 2019.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 107 DA 95/2019 Lot 114 DP 1239200 No 16 Ferrier Street, Clarence Town. Shed. (TPA 2995/0524546) Approved subject to conditions 18 July 2019. DA 96/2019 Lot 7 DP 262605 No 22 Common Road, Dungog. Shed. Approved (TPA 393/00004) subject to conditions 4 July 2019. DA 101/2019 Lot 14 DP 248699 No 13 Torryburn Road, Torryburn. Single (TPA 2177/12) Storey Dwelling. Approved subject to conditions 12 July 2019.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 108 ANNEXURE ‘A’
DA NO. LODGED DESCRIPTION 170/2013 13/07/2018 Three Lot Subdivision
STATUS Determination awaiting decision around kerb and gutter treatments adopted by Council. Modification, Tourist Accommodation - changes to building 162/2014 25/03/2019 design Application subject to extensive consultation with RFS resulting in further modification. Modified STATUS application re-referred to RFS for further assessment. 75/2015 26/06/2015 Thirty One (31) Lot Subdivision
STATUS Additional information requested from Applicant on 18/6/19
1/2016 20/04/2018 Four (4) Lot Subdivision
STATUS To be reported to August Council Meeting for determination
52/2016 04/05/2016 Modification of Existing Refuelling Station Numerous requests sent to withdraw application Daracon refused. Matter is subject to legal STATUS advise. Intensive Livestock Agriculture - Staged Poultry Operation - 24/2017 23/02/2017 Comprising of 4 egg layer sheds, with a bird capacity of 72,000 birds, a storage shed and associated infrastructure. Under Assessment numerous issues regarding the designated classification. Legal advice STATUS sought 58/2017 21/04/2017 Remediation of Existing Street Awning
STATUS Application report finalised waiting for main street design review
37/2018 26/03/2018 New Flood Refuge Mound Application reported to July 2019 meeting of Council recommended for refusal. Council STATUS deferred application to be returned to Council meeting August 2019 with Draft Conditions of approval. 58/2018 14/05/2018 Animal Boarding Training Establishment Applicant advised of intention to refuse and offered option to withdraw application. Applicant STATUS has sought Legal Advice and Solicitors have requested a stay of action for 6 weeks to allow them to respond. 128/2018 5/09/2018 Boundary Adjustment Application to be reported to Council for determination (likely September Meeting). Applicant STATUS has advised a Preliminary Site Investigation (SEPP 55) for contaminated land will not be submitted despite history of site being used for horticulture. 133/2018 10/09/2018 Rural Supplies Store Intension to refuse notice sent. Applicant has requested opportunity to provide additional STATUS information. 141/2018 19/09/2018 Change of Use – Residential to Education Facility
STATUS Consultant Report to August Meeting.
145/2018 03/10/2018 Change of Use - Tourist Accommodation to Dwelling House
STATUS Applicant to submit additional Information to address RFS matters. Request sent on 12/7/19.
146/2018 03/10/2018 Change of Use - Tourist Accommodation to Dwelling House
STATUS Applicant to submit additional Information to address RFS matters. Request sent on 12/7/19.
147/2018 03/10/2018 Change of Use - Tourist Accommodation to Dwelling House
STATUS Applicant to submit additional Information to address RFS matters. Request sent on 12/7/19.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 109
148/2018 03/10/2018 Change of Use - Tourist Accommodation to Dwelling House
STATUS Applicant to submit additional Information to address RFS matters. Request sent on 12/7/19.
149/2018 03/10/2018 Change of Use - Tourist Accommodation to Dwelling House
STATUS Applicant to submit additional Information to address RFS matters. Request sent on 12/7/19.
150/2018 03/10/2018 Change of Use - Tourist Accommodation to Dwelling House
STATUS Applicant to submit additional Information to address RFS matters. Request sent on 12/7/19.
152/2018 05/10/2018 Change of Use - Tourist Accommodation to Dwelling House
STATUS Applicant to submit additional Information to address RFS matters. Request sent on 12/7/19 Applicant to submit additional Information to address RFS 153/2018 05/10/2018 matters. Request sent on 12/7/19 STATUS Applicant to submit additional Information to address RFS matters. Request sent on 12/7/19
160/2018 12/10/2018 Change of Use - Dwelling to Bed & Breakfast Matter to form part of a Councillor Workshop to review Council Policy on Bed & Breakfast STATUS Development Shire Wide 201/2018 201/2018 Unauthorised Building to Farm Building Matter to be reported to Council as 3 or more letters of objection received. Applicant overseas STATUS and has requested matter be held over till his return. Likely report to October meeting of Council 1/2019 08/01/2019 New Rural Shed with Stockyard Roof Building line and floor area DCP variations. Application to be reported to council August 21 STATUS meeting recommending approval 9/2019 04/02/2019 Two (2) Lot Subdivision
STATUS Applicant to submit additional Information. Request sent on 26/6/19.
10/2019 07/02/2019 Change of Use to Business Premises
STATUS Additional information requested, Structural Engineers Report, still outstanding Two (2) Lot Torrens Title Subdivision and Conversion of Existing 17/2019 14/02/2019 Building into Farm Stay Accommodation Additional Information requested relating to Stormwater. Amended Plans received 2 August STATUS 2019 matter to be determined under delegated authority 21/2019 18/02/2019 Alterations and Additions to Existing Building
STATUS Waiting on internal comments regarding compliance with BCA and Fire Safety measures.
28/2019 11/03/2019 Twelve (12) Lot Subdivision Applicant requested to provide additional information related to Flooding. Information received STATUS 23 July 2019 and being reviewed. 35/2019 27/03/2019 Shed & Water Crossing Waiting on additional information from the applicant to address NRAR (former Office of Water) STATUS request. Request sent 2 July 2019. 36/2019 27/03/2019 Staged Rural Subdivision
STATUS Additional information on stormwater issues requested 18 June 2019 awaiting response.
40/2019 01/04/2019 Dwelling and shed
STATUS Additional information expected to be submitted by the applicant on 13/8/19.
60/2019 20/05/2019 New One Into Two Lot Subdivision
STATUS Waiting on comments from NSW RFS and Hunter Water.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 110
Use of Grounds and Existing Farm Buildings for Wedding 61/2019 21/05/2019 Functions STATUS Request for information sent to Applicant on 30/7/19.
65/2019 28/05/2019 Change of Use - Existing Shed to Dual Occupancy
STATUS Site inspection booked for 6 August 2019 with owner to be present for access arrangements.
67/2019 31/05/2019 Alteration and/or Additions to existing Dwelling
STATUS Being reported to the August Council meeting
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 111
INFRASTRUCTURE & ASSETS DEPARTMENT
1. WORKS PROGRESS REPORT
FILE NO: EF08/208
ANNEXURES: ‘A’ Major Works to continue or commence in the next 3 months
AUTHOR: Works Manager
COMMUNITY STRATEGIC Public Infrastructure & Services PLAN:
8. Council Programs and Activities Supporting Public DELIVERY PROGRAM: Infrastructure and Services
OFFICERS RECOMMENDATION:
That the report be received and the information noted.
Precis:
Reporting on construction and maintenance works undertaken in July 2019.
****** Works carried out during July 2019:-
Road and Bridge Construction
Maitland Road, Paterson - Footpath works and Line marking. RR7778 – Gresford Road, - Geotechnical investigations. East of Lennoxton Road (Blackspot) Dowling Street, Dungog - Geotechnical investigations. Webbers Creek Road - Drainage, pavement and earthworks. MR101 – Dungog Road - Shoulder and batter works. Gresford Road to Gostwyck Bridge (Blackspot) Coulston Bridge - Bridge approach earthworks.
Sealed Road Maintenance
Tar Patching - Paterson River Road, Paterson Urban Streets, MR101, Black Rock Road, Woerdens Roads, MR101, RR7764 and Hooke Street. Heavy Patching - Webbers Creek Road and MR101. Shoulder Grading - MR101 and Webbers Creek Road.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 112
Drainage Maintenance - Webbers Creek Road and Wallarobba – Brookfield Road.
Unsealed Road Maintenance
Maintenance Grade - Black Camp Road, Black Camp Creek Road, Flat Tops Road, Barford Lane, Black Rock Road, Fred Gardiners Road, Vogeles Road, Fitness Road, Monkerai Road and Myall Creek Road. Gravel Sheeting - Black Camp Road, Black Camp Creek Road, Flat Tops Road, Barford Lane, Black Rock Road, Fred Gardiners Road, Fitness Road, Monkerai Road and Quartpot Creek Road. Gravel Patching - Sugarloaf Road. Unsealed Road Upgrade - Ebsworth Road. Drainage Maintenance - Black Camp Road, Black Camp Creek Road, Flat Tops Road and Keppies Road.
Bridge, Concrete and Other Maintenance Works
Footpath Maintenance - Lord Street, Dowling Street, Brown Street. Building Maintenance - Depot, Clarence Town Museum. Bridge Maintenance - Cemetery Road Bridge, Banfield Bridge, Gams Bridge, Mates Bridge, Bruxner Bridge, Summer Hill Bridge, Thalaba Bridge, Mary Carlton Bridge, Gresford Suspension Bridge, Bandon Grove Bridge, Munni Bridge, Masseys Creek 5th Bridge, Myall Creek Bridge, Bullecodgee Bridge and Halton Bridge. Roadsides
Roadside mowing was undertaken on the following roads: - MR101, Webbers Creek Road, Paterson Urban Street, Martins Creek Road, Brisbane Grove and Woodglen Close.
Sporting Grounds:-
The following sporting grounds were mown (the number of mowing’s shown in brackets):- Bennett Park Surrounds (1), Bennett Park Oval (1), Reg Ford Oval (1), Clarence Town Football Field (1).
Parks/Reserves/Cemeteries:-
The following Parks, Reserves and Cemeteries were mown (the number of mowing’s shown in brackets):- Jubilee Park (1), Lions Park (Clarence Town Road) (1), Lions Park (Scott Avenue (1), Lioness Park (1), Frank Robinson Memorial Park (1), Apex Park (1), Bruyn Park (2), Clarence Town War Memorial (1), Clarence Town SOA (1), John Tucker Park (1), Kings Wharf Reserve (1), Allan Fairhall Reserve (1) and Paterson War Memorial Park (1).
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 113
Major Works scheduled to be continued or commenced in the next 3 months:-
Attached as Annexure ‘A’ is a list of the major works scheduled for the forthcoming 3 months.
IMPLICATIONS
Finance & Resourcing
Works are undertaken as per Council’s Operational Plan and budgetary constraints.
Previous Council Resolutions
The report is provided monthly for information purposes only.
Implementation
Nil
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 114
ANNEXURE ‘A’
Work Location / Proposed Works Status Description MR101, Maitland Road Road Reconstruction between Construction works have been Paterson Williams Street and Albert Street. completed with final seal to be applied in November 2019 Webbers Creek Road Reconstruction of 0.9km of Construction works have been West of Paterson Cemetery Webbers creek Road. completed with final seal to be applied in (Roads to Recovery) November 2019
MR101 – Dungog Road Clearing of clear zones and Initial section of works complete. North of Gresford Road pavement widening works Remaining works to be completed once (Blackspot) RMS has completed scheduled works on Gostwyck Bridge. RR7778 – Gresford Road – Clearing of clear zones, pavement Design currently being undertaken. West of Lennoxton Road widening works including guardrail. Construction works scheduled to (Blackspot) commence in August 2019.
RR7778 – Gresford Road – Clearing of clear zones and Design currently being undertaken. Fishers Hill Intersection pavement widening works Construction works scheduled to (Blackspot) commence in October.
Dowling Street between Reconstruction of 3 blocks of Hunter Water have completed water Mary Street and Mackay Dowling Street main relocation. Design works to be Street finalised. Construction works are scheduled to be commenced in September.
Spooner Bridge Replacement of existing timber Bridge contract has been awarded to (Fixing Country Roads) bridge with single lane concrete Saunders Civilbuild Pty Ltd. structure. Design works being finalised with site works scheduled to commence July 2019.
Coulston Bridge Replacement of existing timber Bridge contract has been awarded to (Fixing Country Roads) bridge with single lane concrete Saunders Civilbuild Pty Ltd. Design structure. works are finalised with construction works currently being undertaken.
Tucker Park, Paterson Construction of new amenities Building contract has been awarded to Amenities Upgrade building and BBQ shelter PDA Building Pty Ltd. Works currently being undertaken.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 115 CORPORATE & CUSTOMER SERVICES DEPARTMENT
1. REQUEST FOR FINANCIAL ASSISTANCE TOWARD THE DUNGOG ARTS SOCIETY & 2019 SPECIAL CHILDRENS CHRISTMAS PARTY
FILE NO: EF08/3
ANNEXURES: A Correspondence from Dungog Arts Society Inc. Correspondence from Special Children’s Christmas B Parties group
AUTHOR: Executive Manager Corporate Services
COMMUNITY STRATEGIC Community and Culture – Other council programs and PLAN: activities supporting our community and culture.
DELIVERY PROGRAM: 11.4 Community Events
Road OFFICERS RECOMMENDATION:
1. That Council donate $500 from the 2019/20 Section 356 Budget Allocation to the Dungog Arts Society Inc. Annual Art Exhibition 2019.
2. That Council donate $250 from the 2019/20 Section 356 Budget Allocation to the Special Children's Christmas Party 2019.
Precis:
Requests for financial assistance toward the 2019 Dungog Annual Art Exhibition and 2019 Special Children’s Christmas Party under Sec 356 of the Local Government Act 1993.
********** Letters of request for financial assistance are attached for councillors information, council has supported these two events in previous years.
Council last year donated $500 towards the Dungog Annual Art Exhibition and $250 towards the Special Children’s Christmas Party. As councillor’s are aware, Council’s budget 2019-20 is in deficit therefore it is proposed to maintain the allocation toward the two events in 2019 at the same level.
In June, 2019 Council resolved to endorse an ongoing Community (Small) Grants Program. The report noted that the program would commence in July/August, and successful applicants would be notified in September, 2019. The Council also resolved that an amount of $5,000 be made available annually to allow for community special projects to be funded throughout the year. In future years it is proposed to roll council’s annual Sec 356 budget allocation ($4,000 in 2019/20) into the Community (Small) Grants Program.
If approved, advice on future requests will be communicated to these two applicants within the letter of notification.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 116 IMPLICATIONS
Finance and Resourcing
Annual provision of $4,000 is currently made within Council's Section 356 Budget Allocation to provide sponsorship towards these two events, C ouncil’s provision in 2018/19 was $500 and $250 respectively.
Previous Council Resolutions
37746 1. That Council approve sponsorship totalling $500 from the 2018/19 Section 356 Budget Allocation to the Dungog Arts Society Inc. Annual Art Exhibition 2017.
2. That an amount of $500 be included in the 2018/19 budget for Council endorsement.
Moved Cr K Murphy, Seconded Cr J Lyon. Carried.
37780 That Council donate $250 from the 2018/19 Section 356 Budget Allocation to the Special Children's Christmas Party 2018.
Moved Cr R Booth, Seconded Cr K Murphy. Carried.
Implementation
A letter will be sent to both applicants advising the outcome of their request.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 117 ANNEXURE ‘A’
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 118 ANNEXURE ‘B’
Mr SHAUN CHANDLER DUNGOG SHIRE COUNCIL (CRN: 1003020) PO BOX 95 Dungog 2420, NSW
Dear SHAUN,
We want to create magic and you are our volunteer from the crowd. We want gasps of awe, wide eyes of wonder and overwhelming joy. It won't sound like the most difficult magic but, like all the best, it's the parts you don't see that make the impression and leave the emotion.
We want to make children happy at Christmastime. The sleight of hand is that these children and their families can be the most marginalised and isolated in our communities. They are the families that deal with the breathtaking dread of having a child with a life-threatening illness; the ones who face the daily challenges of giving their child with a disability as many opportunities as possible to explore their abilities.
We are the Special Children's Christmas Parties and, as a member of the local business community, you are our magic wand. Simply agree to one of these advertising packages and, abracadabra, children are laughing; parents are breathing; memories are being made and fun is being had by families gathered together. Still a non-believer? Then look at the photos on our website - www.sccp.com.au - and feel the wonder. Marvel at the magic. And help us do it all again.
SNAPSHOT -
1200 invitations issued. An invitation is required for each qualifying child but entitles the whole family to enjoy the Party - not just a single parent or carer per child. We often welcome three generations. Invitations are issued through up to 120 local community, charitable, Government and support organisations. Children are sourced from an area of up to 300km from the venue. The Party is FREE to all attending families. Occasionally we may ask for a token contribution to bus transfers. We supply all food, drinks, activities, amusement rides, entertainment and at least THREE first quality gifts per invited child. Since 1993, children with special needs have looked forward to receiving an invitation to the Special Children's Christmas Party. We need your help to ensure this outstanding and humbling community effort continues by your investing a little money and a lot of heart. The 2019 Special Children's Christmas Parties proudly supporting Make-A-Wish® Australia will be held at the Newcastle Entertainment Centre in December.
Your generosity will not be taken for granted nor un-appreciated...
"On a personal level my own family were recipients of the Christmas party for a few years when they were young and it was such an amazing experience for my children, I hope to give back and see others experience the joy of a new toy, families knowing they are not alone and the most amazing gift of all - a moment in time to enjoy and forget the worries of everyday living." Roslyn
Kind Regards,
Robin Ayres Client Services
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 119
SPONSORSHIP LEVEL STANDARD BRONZE SILVER
$1,100- Package Price (inc GST) $250 $550-$800 $1,500
Certificate of Merit Personalised with your business name. The Certificates of Merit are promoted in all radio
commercials and a minimum 100 x 30 second commercials on WIN TV broadcast between Christmas Day and the end of January 2020.
Post Party Report Available via our website for you to see how we spent your money.
Sponsor Pass Allowing you or your representative access to the Party to see first-hand the children's joy.
Plaque Personalised with your business name. Bronze Silver
Signage Supplied by you and placed in prime positions around the venue.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 120
2. STATEMENT OF INVESTMENTS
FILE NO: EF08/220
ANNEXURES: ‘A’ Statement of Investments
AUTHOR: Executive Manager Corporate Services
COMMUNITY STRATEGIC Council Governance & Finance - Council undertakes prudent PLAN: financial management to ensure its long-term viability
DELIVERY PROGRAM: 5.4 Finance – Investments
OFFICERS RECOMMENDATION:
The report be received and the information noted.
Precis:
Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of the Local Government Act. **********
The Statement of Investments as at 31 July 2019 incorporating the Responsible Accounting Officer's Certificate are attached as Annexure ‘A’.
Councillors should note that with the recent announcement of the Reserve Bank of Australia dropping the Cash Rate to 1% on 3 July 2019 that council’s investment return is likely to be significantly impacted as investment rates will also drop in the ensuing months and returns are not expected to be in line with budget estimates at this time.
Additionally, a condition of the successful loan application with TCorp requires Council to alter the current investment portfolio by 30 April 2020 so that existing investments with Authorised Deposit Taking Institutions (ADI’s) are minimised in investment’s with Long Term Debt Ratings of BBB+ and BBB. Also throughout the term of the Loan Facility the combined investments must continue to meet these TCorp limitations.
IMPLICATIONS
Financial
The TCorp limitations and current low Cash Rate will likely reduce the amount of investment income Council receives during the 2019 -20 financial year.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 121 ANNEXURE ‘A’
Investment Summary as at 31st of July 2019
Cash at Call 327,620.90 Term Deposits 12,000,000.00 Floating Rate Notes 7,750,000.00 Total Investments $20,077,620.90
Portfolio Listing: Term Deposits: Institution Period Due Date Interest Total MMBS 180 08-Sep-19 2.750% $500,000.00 MMBS 90 11-Sep-19 2.250% $500,000.00 NPBS 20 23-Sep-19 1.850% $1,000,000.00 NAB 180 9-Dec-19 2.100% $500,000.00 NAB 180 12-Nov-19 2.350% $500,000.00 NAB 180 10-Dec-19 2.100% $500,000.00 NAB 180 20-Aug-19 2.600% $500,000.00 NAB 180 27-Jan-20 1.830% $500,000.00 NAB 181 19-Aug-19 2.650% $500,000.00 NAB 181 25-Nov-19 2.230% $500,000.00 NAB 150 25-Nov-19 2.040% $2,000,000.00 NAB 90 26-Sep-19 2.040% $1,000,000.00 NAB 122 28-Oct-19 2.040% $1,000,000.00 Bendigo Bank 180 07-Aug-19 2.700% $500,000.00 Bendigo Bank 185 02-Sep-19 2.600% $500,000.00 Bendigo Bank 181 23-Sep-19 2.600% $500,000.00 Bendigo Bank 181 14-Oct-19 2.450% $500,000.00 IMB 180 01-Oct-19 2.500% $500,000.00 Total Term Deposits $12,000,000.00
Other Investments: Institution Investment Due Date Yield Total Type CUA FRN 20/03/2020 BBSW+130 $750,000.00 CBA FRN 17/07/2020 BBSW+90 $1,000,000.00 CBA FRN 25/07/2022 BBSW+88 $1,000,000.00 ME Bank FRN 6/04/2020 BBSW+125 $1,000,000.00 ME Bank FRN 6/04/2020 BBSW+125 $500,000.00 BOQ FRN 18/05/2021 BBSW+102 $500,000.00 BOQ FRN 3/02/2023 BBSW+143 $1,000,000.00 Bendigo FRN 25/01/2023 BBSW+109 $1,000,000.00 NPBS FRN 6/02/2023 BBSW+140 $1,000,000.00 NAB At Call At Call 0.95% $ 327,620.90 Total Other Investments $8,077,620.90
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 122 Financial Institution Distribution:
National Australia Bank 2.49% Credit Union Australia 9.96%
Members Equity Bank 4.98%
Bank of Queensland 38.97% 9.96% Bendigo Bank
Commonwealth Bank Maitland Mutual Building Society 14.93% Newcastle Permanent Building Society 3.73% 7.47% 7.51% Illawarra Mutual Building Society
Investment Maturity Distribution:
I hereby certify that the above Investments have been made in accordance with the Local Government Act 1993, Local Government (General) Regulation 2005 and Council's Investment Policy.
S L Chandler RESPONSIBLE ACCOUNTING OFFICER
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 123
3. WORKS COST STATEMENT
FILE NO: EF08/221
ANNEXURES: A Works Cost Statement
AUTHOR: Executive Manager Corporate Services
COMMUNITY STRATEGIC Council Governance & Finance - Council undertakes prudent PLAN: financial management to ensure its long-term viability.
5.1.1 Continue to provide monthly works cost statement to DELIVERY PROGRAM: Council.
OFFICERS RECOMMENDATION:
The report be received and the information noted.
Precis:
A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.
********
The Works Cost Statement for the period ending 31 July 2019 is attached for Councillors’ information as Annexure ‘A’.
Budgeting figures for the 2019/20 financial year had been set under Original Vote, which comprised of any carried forward votes from previous financial year and/or necessary amendments to be made subject to finalisation of year end procedures and any significant changes reported to Council at that time.
With the passing of only 1 month of the new financial year, notional expenditure levels would be expected to be at the very minimum of budget allocation. This has been reflected across all Maintenance and Capital Works as a result.
New votes for Road Construction in the Urban and Rural roads were implemented due to large restoration planned on these existing road networks. Further assessments will be carried out by Engineering to determine which roads are selected as well as allocation of Special Rate Variation (SVR) before commencing works later this year.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 124 ANNEXURE ‘A’
Works Cost Statement 2020 Description Original C/fwd Amended Revised Expend % Vote Vote 2019/20 Vote Jul-19 Spent
Urban Roads Maintenance 346,480 346,480 13,413 3.9% Rural Roads Sealed Maintenance 777,678 777,678 24,140 3.1% Rural Roads Unsealed Maintenance 332,764 332,764 16,701 5.0% Rural Roads Unsealed Upgrades 71,517 71,517 - 0.0% Bridges Maintenance 482,078 482,078 6,399 1.3% Tree Planting & Maintenance 11,195 11,195 - 0.0% Traffic Facilities 88,577 88,577 278 0.3% Footpaths Maintenance 54,996 54,996 12,938 23.5% Sporting Grounds 82,880 82,880 4 0.0% Parks & Reserves 108,250 108,250 10,845 10.0% Public Conveniences 111,900 111,900 4,973 4.4% Public Cemeteries 54,170 54,170 - 0.0%
Total Maintenance Works 2,522,485 - - 2,522,485 89,691 0.0%
RMS Ongoing Services Regional Roads Maintenance 920,754 920,754 27,456 3.0% Regional Roads Reseals 242,413 242,413 21,787 9.0% Traffic Facilities 57,000 57,000 6,023 10.6% 1,220,167 1,220,167 55,265 4.5% RMS Grants - Repair/Auslink/Blackspot MR101 - North of Grace Avenue to Horns Crossing 1,248,000 1,248,000 524 0.0% MR101 - Gresford Road to Gostwyck Bridge 285,000 285,000 16,334 5.7% RR7778 - Gresford Road North of Elm's Hall 727,000 727,000 - 0.0% RR7778 - Gresford Road North of Fishers Hill 435,000 435,000 - 0.0%
Total RMS Capital Works 5,135,334 - - 5,135,334 127,387 0.0%
Road Construction Coulston Bridge 1,050,610 1,050,610 26,892 2.6% Spooner Bridge 1,028,500 1,028,500 744 0.1% Webbers Creek Road 587,796 587,796 - 0.0% Urban Road Reseals 83,887 83,887 - 0.0% Rural Sealed Roads Reseals 368,614 368,614 - 0.0% Rural Unsealed Roads Resheeting 220,000 220,000 - 0.0% SRV Expenditure 700,259 700,259 - 0.0%
Total Other Capital Works 4,039,666 - - 4,039,666 27,636 0.0% - Total Capital Works 9,175,000 - - 9,175,000 155,024 0.0%
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019
Page 125
4. COUNCILLORS TRAVELLING & OTHER EXPENSES
FILE NO: EF08/222
ANNEXURES: Nil
AUTHOR: Executive Manager Corporate Services
COMMUNITY STRATEGIC Council Governance & Finance - Councillors are responsive, PLAN: accessible and actively involved within local communities
DELIVERY PROGRAM: 1.1 Councillor representation
OFFICERS RECOMMENDATION:
The report be received and information noted.
Precis:
Report on Councillors travelling for Councillors information.
********** Hereunder is a list of meetings/inspections or business of Council held/to be held since the July Meeting of Council.
Health Committee Meeting 23/07/19 BFMC Fire Access & Fire Trail Mapping 24/07/19 Vacy Sportsground Committee Meeting 24/07/19 BFMC Fire Access & Fire Trail Mapping 25/07/19 Councillor Strategic Workshop 29/07/19 Dowling St Upgrade Community Presentation 29/07/19 Meet the Mayor and Tree Giveaway 31/07/19 Extra Ordinary Council Meeting 31/07/19 Dungog Showground Committee Meeting 01/08/19 Country Mayors Association Meeting 02/08/19 Councillor Strategic Workshop 05/08/19 Hunter Regional Employment Facilitator 05/08/19 James Theatre Committee Meeting 05/05/19 Red Cross Conference 08/08/19 DRT Funding Meeting 08/08/19 Ordinary Council Meeting 21/08/19
IMPLICATIONS
There are no financial, statutory, environmental, community or consultative implications associated with this report. Council’s travelling costs are currently within budget.
Dungog Shire Council Ordinary Meeting Agenda 21 August 2019