Planning and Strategy Committee of the Whole
8 May 2019
UNDER SEPARATE COVER ATTACHMENTS
QUEANBEYAN-PALERANG REGIONAL COUNCIL PLANNING AND STRATEGY COMMITTEE OF THE WHOLE ATTACHMENTS – 8 May 2019 Page i
Item 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report ...... 1 Attachment 2 DA.2018.192 - 2155 Collector Road, Currawang - Plans ...... 14 Attachment 4 DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions ...... 18 Item 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 Report and Planning Proposal - 10 March 2015 ...... 37 Attachment 2 Gateway Determination - 4 May 2015 ...... 57 Attachment 3 Letter to Department of Planning and Environment - 9 September 2015 ...... 61 Attachment 4 Gateway Determination - Extension - 7 March 2016 ...... 68 Attachment 5 Gateway Determination - Extension - 1 May 2017 ...... 71 Item 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 1 Excerpt from Council Report - Voluntary Planning Agreement - 18 Mecca Lane - 26 March 2016 ...... 76 Attachment 2 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 ...... 80 Item 6.1 ALGA Election Advocacy Attachment 1 ALGA - Resolution to Support Campaign ...... 101 Attachment 2 ALGA 12 Key Federal Election Initiatives ...... 103
i
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.1 DEVELOPMENT APPLICATION - DA.2018.192 - RECREATION FACILITY (OUTDOOR) RIFLE RANGE - 2155 COLLECTOR ROAD, CURRAWANG
ATTACHMENT 1 DA.2018.192 - 2155 COLLECTOR ROAD, CURRAWANG - 4.15 ASSESSMENT REPORT
Page 1 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued)
4.15 Assessment – DA.2018.192
In determining a development application, the consent authority is to take into consideration the following matters of consideration contained within section 4.15 of the Environmental Planning and Assessment Act, 1979 as relevant to the development application:
4.15(1)(a) the provisions of:
(i) any environmental planning instrument
PALERANG LOCAL ENVIRONMENTAL PLAN (PLEP) 2014
An assessment of the proposal against the general aims of PLEP 2014 is included below:
Cl. 1.2(2) Aims Complies (a) to protect and improve the economic, environmental, social and cultural Yes resources and prospects of the Palerang community, (b) to encourage development that supports the long-term economic Yes sustainability of the local community, by ensuring that development does not unreasonably increase the demand for public services or public facilities, (c) to retain, protect and encourage sustainable primary industry and Yes commerce, (d) to ensure the orderly, innovative and appropriate use of resources in Yes Palerang through the effective application of the principles of ecologically sustainable development, (e) to retain and protect wetlands, watercourses and water quality and Yes enhance biodiversity and habitat corridors by encouraging the linking of fragmented core habitat areas within Palerang, (f) to identify, protect and provide areas used for community health and Yes recreational activities, (g) to ensure that innovative environmental design is encouraged in N/A residential development.
Comments: The proposed development as conditioned is considered to be of scale and scope that is considered to be consistent with above aims of the PLEP 2014.
Permissibility The subject site is Zoned RU1 Primary Production zone under Palerang Local Environmental Plan 2014.
Page 2 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued) Development for the purposes of Recreation Facilities (outdoor) such as is proposed are permissible within the zone with consent and is defined under PLEP 2014 as follows:
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Zone Objectives An assessment of the proposal against the objectives of the RU1 Primary Production zone is included below:
Objectives Complies To encourage sustainable primary industry production by Yes maintaining and enhancing the natural resource base. To encourage diversity in primary industry enterprises and systems Yes appropriate for the area. To minimise the fragmentation and alienation of resource lands. Yes To minimise conflict between land uses within this zone and land Yes uses within adjoining zones. To minimise the impact of any development on the natural Yes environment. To ensure that development does not unreasonably increase the Yes demand for public services or facilities.
Comments: The proposed development is considered to be sited and designed in recognition of the environmental constraints present upon the site. With the imposition of a condition restricting the range footprint to within the project area upon Lot 149 DP750013 identified within Figure 1.2 of the Terrestrial Flora and Fauna Assessment Report prepared by Umwelt (Australia) Pty Limited the proposed development is considered to be compatible with surrounding land uses. As such, the proposed development is considered to satisfy the objectives of the RU1 Primary Production zone.
Part 4: Principal development standards An assessment of the proposal against the relevant provisions contained within Part 4 of the PLEP 2014 is provided below.
Height of building Cl. Standard Controls Proposed Complies 4.3 Height of building 10m 8m Yes
Part 6: Local Provisions The relevant provisions contained within Part 6 of the PLEP 2014 are addressed below as part of this assessment:
Page 3 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued) 6.1 Earthworks Clause 6.1 of the PLEP 2014 establishes a number of matters requiring consideration for development involving earthworks. With the implementation of appropriate sediment and erosion control measures the proposed earthworks are considered unlikely to result in any significant environmental impacts. As such, conditions of consent are recommended requiring the implementation of such measures throughout the proposed works.
6.3 Terrestrial biodiversity Clause 6.3 of the PLEP 2014 makes for provision for developments that impact on terrestrial biodiversity. While the subject site contains areas mapped as terrestrial biodiversity the proposed development involves no works in the mapped areas. 6.7 Highly erodible soils Clause 6.7 of the PLEP 2014 makes provisions for developments located in areas of highly erodible soils, as shown on the Landscape Map. The subject site contains areas mapped as highly erodible soils including a small area in the south-eastern corner of the site likely to be affected by required internal road upgrade works. Conditions of consent requiring the implementation of appropriate erosion and sediment control measures throughout the proposed works are recommended as to ensure the development does no result in erosional processes.
6.7A Slopes over 18 degrees Clause 6.7A of the PLEP 2014 makes provisions for developments located in areas that have slope over 18 degree, as shown on the Landscape Map. The subject site contains areas mapped as slopes over 18 degrees including an area within the south-eastern corner of the site. It was noted during a site inspection that this area was not in excess of 18 degrees and appears to be mapped in error.
6.11 Essential services Clause 6.11 of the PLEP 2014 requires satisfactory arrangements to be made for water supply, stormwater drainage, sewage, and the treatment and disposal of effluent. Along with the supply of electricity and suitable vehicle access.
Service Proposed Satisfactory Water Supply Rainwater Tanks Yes Stormwater drainage Rainwater Tanks Yes Effluent AWTS Yes Electricity Existing electricity Yes connection Access Crown road from Lake Yes- subject to George Road upgrade works
Based upon the above assessment the proposed essential services are considered to be suitable for the development as proposed.
4.15(1)(a)(ii) any draft environmental planning instruments
Page 4 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued) There are no applicable draft planning instruments that are or have been placed on public exhibition, applicable to the subject application.
4.15(1)(a)(iii) any development control plan
PALERANG DEVELOPMENT CONTROL PLAN 2015
While the Palerang Development Control Plan (PDCP) 2015 applies to the subject application the PDCP contains no specific controls for development for the purposes of an outdoor recreation facility. Section C25 of the PDCP 2015 establishes controls for the construction of sheds within certain rural and environmental zones including minimum setbacks. The proposed shed structure being setback a minimum of 95m from any site boundary satisfies the requirements of Section C25.
4.15(1)(a)(iiia) any planning agreement or draft planning agreement
No planning agreement has been entered into under section 7.4 of the Environmental Planning and Assessment Act 1979.
4.15(1)(a)(iv) matters prescribed by the regulations
Clause 92 of the Environmental Planning and Assessment (EP&A) Regulation 2000 requires Council to take into consideration Australian Standard AS2601–1991: The Demolition of Structures, in the determination of a development application.
Having regard to this prescribed matters, the proposed development does not involve the demolition of a building for the purposes of AS 2601 – 1991: The Demolition of Structures.
Should this application be approved, appropriate conditions of consent are included within the recommended to ensure compliance with any relevant regulations.
4.15(1)(a)(v) any coastal zone management plan
Council is not subject to a coastal zone management plan.
4.15(1)(b) the likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
Noise
In recognition of the noise generating nature of the proposed development the subject application was accompanied by a Noise Impact Assessment and Addendum prepared by Harwoods Acoustics. This assessment finds the proposed development within the southern end of the site as satisfying the NSW EPA’s publication “Target Shooting Ranges: Application Note for Assessing Compliance at the southern end of the site for use 7 days per week (10:00am to 5:00pm) and 3 nights per week (5:00pm to 10:00pm). While this report makes comments in relation to potential use of the remainder of the site at a reduced capacity, the subject application, seeking approval for the use of the entire site as a range yet locating targets only within the south-eastern corner of the site, is ambiguous in relation to the intended use of the remainder of the site and as such it is difficult for Council to give appropriate consideration to the impacts of such uses. Therefore it is considered appropriate to take a conservative approach and as such it is recommended that the range approval be limited to the project area upon Lot Page 5 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued) 149 DP750013 identified within Figure 1.2 of the Terrestrial Flora and Fauna Assessment Report prepared by Umwelt (Australia) Pty Limited (See Figure 1 below) with the range danger area extending onto Lots 114 DP750008 and Lot 200 DP750008 as shown in Figure 1 above. It is important to note that the applicable noise criteria established by the EPA does not mean that noise generated by the development will not be audible at surrounding receivers rather that the noise satisfies what is deemed as an acceptable level. With this in mind, while the acoustic modelling accompanying the subject application has established the maximum possible operation of the development being 7 days per week (10:00am to 5:00pm) and 3 nights per week (5:00pm to 10:00pm) it should be noted that this does not restrict Council’s ability to further restrict the development. In considering the ancillary residential uses of surrounding properties it is considered appropriate that a level of respite be provided to residents, and as such a condition of consent is recommended limiting operation to 5 days per week (10:00am to 5:00pm) and 3 nights per week (5:00pm to 8:30pm).
Council has also sought comment from an independent acoustic consultant who has made the following recommendations in relation to the use of the site for the purposes of a rifle range as to ensure for ongoing accountability throughout the operation of the site: Note: these measures are included in the recommended conditions of consent.
Attended noise monitoring must be undertaken at the first practical instance at each of the three nearest receivers, to confirm noise levels from firearms comply with appropriate limits. The monitoring must include a full standalone assessment of the known noisiest firearm being used at the locations closest to each of the three nearest receivers and be undertaken in accordance with the EPA’s Target Shooting Ranges: Application Note for Assessing Noise Compliance (2015). Attended noise monitoring must thereafter be undertaken at 6 months and at 12 months from the commencement of operations. The monitoring must include a full standalone assessment of the known noisiest firearm being used at the locations closest to each of the three nearest receivers and be undertaken in accordance with the EPA’s Target Shooting Ranges: Application Note for Assessing Noise Compliance (2015). After one year, attended noise monitoring must thereafter be undertaken annually. The monitoring must include a full standalone assessment of the known noisiest firearm being used at the locations closest to each of the three nearest receivers and be undertaken in accordance with the EPA’s Target Shooting Ranges: Application Note for Assessing Noise Compliance (2015). The proponent must keep records of any occasion where attended noise monitoring could not be carried out due to adverse weather conditions (e.g. high wind speeds) or high levels of background noise. This information must be presented to Council upon request. Prior to the first use of the site the proponent is to establish a publically accessible website for the ongoing reporting of noise monitoring results. Details of the website are to be forwarded to surrounding residences. Copies of the following information is to be publically available on the website: i. All current statutory approvals for the project; ii. All approved strategies, plans and programs required under conditions of approval; iii. A comprehensive summary of the monitoring results of the project, reported in accordance with the specifications in any conditions of consent, or any approved plans and programs; iv. A complaints register updated on a monthly basis; v. A 24-hours telephone number on which complaints can be registers; vi. A postal address to which complaints may be sent; vii. An email address to which electronic complaints may be sent; viii. A calendar of what days the facility will be used; and ix. Any independent environmental audit of the project and the proposed response to the recommendations in any audit
Attended noise monitoring results must be posted within seven days on the proponent’s website and submitted to council to allow for public access to this information. All compliance reports should include all details requested in section 6 of the EPA’s Target Shooting Ranges: Application Note for Assessing Noise Compliance (2015). Maintain a record of all complaints for at least four (4) years after the complaint was made.
Page 6 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued)
Figure 1: Site plan – restricted range area shown in blue
Page 7 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued) Flora and Fauna
The subject application was accompanied by a Terrestrial Flora and Fauna Assessment Report prepared by Umwelt (Australia) Pty Limited giving consideration to the impacts of the development upon threatened flora and fauna species upon the site and within the locality. This report identifies the subject site as containing areas of dry grassy woodland, dry forest, derived native grassland and exotic pasture. The proposed development was found to require the removal of 620m2 of dry grassy woodland and 40m2 of derived native grassland. The proposed development involves no works in mapped vegetation areas and was found to be unlikely to result in any significant impacts upon any threatened flora or fauna species or its habitat. . As such, the proposed development does not trigger the thresholds of the Biodiversity Offsets Scheme under the Biodiversity Conservation Act 2016.
Bushfire
Bushfire 4.14 of the Environmental Planning and Assessment Act 1979 requires that for development on bushfire prone land such as a the proposed development consideration be given to the compliance of the development with the requirements of the NSW Rural Fire Services publication Planning for Bushfire Protection 2006. The proposed development is considered to satisfy the requirements of the Planning for Bushfire Protection 2006 subject to conditions of consent requiring no shooting take place during extreme or catastrophic fire weather conditions, the preparation and implementation of an Emergency and Evacuation Plan prepared in accordance with the NSW RFS’ Development Planning – A Guide to Developing a Bushfire Emergency Management and Evacuation Plan.
Contamination
The proposed development involve the use of lead based bullets upon the subject site has the potential to result in the contamination of the site. The applicant proposes the use of bullet traps and lead free ammunition where possible to minimise the potential for contamination. While the applicant has acknowledge the potential for contamination it is considered appropriate that suitable measures including ongoing monitoring, mitigation and remediation be put in place prior to the commencement of the use of the site as to minimise impacts. The Victorian Environment Protection Authority has prepared a guide for the management of contamination at shooting ranges that establishes a number of best practice measures for the monitoring and mitigation of potential contamination as a result of the operation of shooting ranges. A condition of consent is recommended requiring the preparation of a plan of management in accordance with the guideline that is to be implemented throughout the ongoing operation of the site. Further, a condition of consent is recommended requiring that should at any point the use of the site as a recreation facility (outdoor) - rifle range cease for a period of more than 12 months or the use be abandoned, the site is to be remediated in accordance with a Remediation Action Plan prepared by a suitably qualified professional.
Surrounding Land uses
Surrounding properties are primarily utilised for broad scale agricultural grazing practices with ancillary dwellings including a number of home based occupations. In considering the compatibility of the development with surrounding land uses the factor it is important to give consideration to the overall scale of the development. The subject application seeks consent for the use of the site for the purposes of a recreational shooting facility for use by a maximum of 35 people at a time 7 days per week and 3 nights per week. In recognition of the recommended conditions of consent previously discussed throughout this report limiting the range area to within the project area identified within Figure 1.2 of the Terrestrial Flora and Fauna Assessment Report prepared by Umwelt (Australia) Pty Limited (See Figure 3 above) and limiting operation to 5 days and 3 nights per week and requiring ongoing acoustic audits the proposed development is considered to be of a scale and intensity that is compatible with surrounding land uses. Page 8 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued)
Aboriginal Cultural Heritage
The subject application was accompanied by an Aboriginal Cultural Heritage Due Diligence Assessment prepared by Past Traces Heritage Consultants giving consideration to the potential impacts of the proposed development upon items of Aboriginal cultural heritage significance. This report finds that the proposed development is unlikely to result in the disturbance of any item of Aboriginal cultural heritage significance. Nonetheless, a number of recommendations are made to be implemented throughout the proposed construction works in the case of any unexpected finds. These recommendations have been included in the recommended conditions of consent.
4.15(1)(c) the suitability of the site for the development
The propose development is considered to be appropriately sited as to respond to environmental constrains upon the site. As such, the subject site is considered to be suitable in its current state for the purposes of the proposed development.
4.15(1)(d) any submissions made in accordance with this Act or the regulations
The proposal required notification under Part E of the Palerang Development Control Plan 2015 from 17 October 2018 to 15 November 2018. 50 submissions were received. The relevant issues raised are as follows:
Issue: Permissibility Concern was raised over the permissibility of the proposed development under the Palerang Local Environmental Plan 2014 Comment: Development for the purposes of Recreation Facilities (Outdoors) are permissible with consent upon the subject site. Issue: Impact upon neighbouring properties – residences, uses and livestock
Concern was raised over the potential impacts of the development upon neighbouring properties and their existing or potential future land uses.
Comment: Consideration has been given throughout this assessment to the potential impacts of the proposed development upon the existing surrounding uses consisting predominantly of broad scale agricultural grazing, associated rural dwellings and a number of home businesses/occupancies. It has been found with the imposition of certain conditions of consent relating to range areas, hours of operation and user numbers the proposed development is considered unlikely to result in any significant impacts upon surrounding uses. It should be noted that Council is unable to give consideration to potential uses of surrounding lots. Such development would at the time of development require consideration with surrounding uses including the subject development should it be approved. Issue: Political donations declaration Concern was raised over an inconsistency between the initial Development Application form and Political Donations form submitted by the Applicant. Comment: The Development Application from accompanying the subject application erroneously identified the applicant as having made a political donation. This matter was subsequently clarified with the applicant and an updated form submitted noting the no reportable political donation had been made. Page 9 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued) Issue: Potential further development
Concern was raised over potential future development of the site.
Comment: In considering the subject application Council as the consent authority is required to view the subject application as a standalone proposal and cannot speculate about potential further development of the site. Issue: Owner/ Applicant Concern was regarding who the owner of the site and applicant of the subject application and their relationships with certain companies. Comment: Council is unable to give any weighting to identity of the applicant or owner throughout the assessment of any development application. Issue: Availability of existing ranges
Concern was raised over the need for the proposed development in recognition of the availability of other ranges in the region.
Comment: The availability of other such ranges has no weighting in Council’s assessment of the subject application as the financial viability of any proposed development is not a matter for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. Issue: Contamination
Concern was raised over potential lead contamination as a result of the proposed development.
Comment: This matters has been discussed in detail previously throughout this report. Issue: Compatibility with Councils strategic plans Concern was raised that the proposed development was inconsistent with Council’s strategic plans (QPRC Tourism Plan, QPRC Regional Economic Development Strategy and QPRC ICT Strategic Plan). Comment: The proposed development is not considered to limit the ongoing implementation of Council strategic plans and policies throughout the local government area. Issue: Previous DA
Concern was raised over the relationship of the subject application with a previous development application upon the site.
Comment: The subject application is a standalone development application as is required to be assessed accordingly. While the subject application seeks to rely upon acoustic modelling undertaken to support the previous application this information has been relied upon as fit for purpose data for the purposes of the subject application. Issue: Maximum Occupancy Concern was raised in relation to the maximum number of occupants upon the site including comments in relation to events. Comment: Conditions of consent are recommended limiting maximum occupant numbers to 35 people at any one time and requiring further development consent be obtained for the purposes of events. Issue: Property values/ insurance
Concern was raised over potential impacts of the development upon surrounding property values.
Page 10 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued) Comment: Impacts of development upon property prices is not a matter for consideration under the heads of consideration under Clause 4.15 of the Environmental Planning and Assessment Act 1979. Issue: Burden on Council resources – enforcement Concern was raised over potential demand upon Council resources as a result of ongoing compliance action. Comment: Council is unable to give consideration to potential non-compliance in throughout the development assessment process. Issue: LFRIB
Concern was raised over the potentially commercial use of the LFRIB and its compatibility as part of the proposed outdoor recreation facility.
Comment: Conditions of consent are recommended requiring that the use of the range be for recreational purposes only and not training activities. It is also noted that a condition of consent is recommended requiring the LFRIB be relocated to within project area to the south of the site. Issue: Medical Conditions
Concern was raised by several submitters regarding potential impacts of the development upon medical conditions from which they suffer.
Comment: Personal circumstances are not ground able to be taken into consideration under the heads of consideration of Clause 4.15 of the Environmental Planning and Assessment Act 1979. Issue: Collector Road Load Limit
Concern was raised over the potential use of semi-trailers in recognition of the 10 tonnes load limit applicable to the portion of Collector Road from Collector.
Comment: Use of Collector Road by over mass vehicles would be controlled by the National Heavy Vehicle Regulator under the over size, over mass permit process. Issue: Noise – Hours of operation Concern was raised over potential noise impacts of the development including the suitability of the proposed hours of operation. Comment: This matter has been discussed in detail throughout this report and conditions of consent are recommended limiting the range area, days of operation and hours of operation and requiring ongoing acoustic audits as to ensure that the proposed development is of a scale and intensity that is compatible with surrounding land uses. Issue: Bushfire risk
Concern was raised over potential increased bushfire risk as a result of the proposed development.
Comment: This matter has been addressed previously throughout this report and suitable conditions of consent are recommended to ensure compatibility of the development with the bushfire risk present upon the site. Issue: Proposed Events Concern was raised over a lack of information regarding proposed events. Comment: In recognition of the lack of detail relating to proposed events a conditions of consent is recommended requiring further development approval for such activities. Issue: Weapons and Ammunition Concern was raised over the presence of additional volumes of weapons and ammunition within the locality as a result of the development.
Page 11 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued) Comment: The lawful handling and storage of weapons and ammunition if controlled by the NSW Police as is not a matter for consideration under the subject application. Nonetheless, no long term storage of weapons or ammunition is proposed upon the subject site. Issue: Helicopters
Concern was raised over potential use of the site by helicopters.
Comment: While no such use is directly proposed a condition of consent prohibiting the use of aircraft upon the site is recommended. Issue: Access to the site Concern was raised over ability of surrounding residents to retain access to the subject site that was provided by historical land owners. Comment: This a matter between private parties and is not relevant to the subject application.
4.15(1)(e) the public interest
The public interest is served through the detailed assessment of this development application under the relevant local planning controls and legislation and consideration of any submissions received relating to it by Council. The proposed development is not considered to be contrary to the public interest.
SECTION 64 CONTRIBUTIONS
Section 64 of the Local Government Act 1993 allows contributions to be levied towards the provision of water, sewerage and stormwater infrastructure.
Section 64 Contributions are not applicable to the proposed development as follows:
SECTION 7.11 CONTRIBUTIONS
Section 7.11 of the Environmental Planning & Assessment Act 1979 permits councils to require as a condition of development consent, the reasonable dedication of land or the payment of monies, or both, for development that is likely to require the provision of, or increase the demand for public amenities and public services within the area.
Section 7.11 Contributions are applicable to the proposed development as follows:
S7.11 CONTRIBUTION: Project Ledger Base Indexation Lots or Amount Contrib. E.T. Civic & Urban Improvements RA11601 $618.00 +44.91% 3 $2,688.00
Total $2,688.00 (Adjusted for December 2018 using CPI Sydney - All Groups)
S7.11 CONTRIBUTION: Project Ledger Base Indexation Lots or Amount Contrib. E.T. Road Upgrading RA35421 $6,600.00 +44.91% 3 $28,692.00
Total $28,692.00 (Adjusted for December 2018 using CPI Sydney - All Groups) Page 12 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 1 - DA.2018.192 - 2155 Collector Road, Currawang - 4.15 Assessment Report (Continued) S7.11 CONTRIBUTION: Project Ledger Base Indexation Lots or Amount Contrib. E.T. Bushfire Facilities RA10001 $188.00 +44.91% 3 $816.00
Total $816.00 (Adjusted for December 2018 using CPI Sydney - All Groups)
S7.11 CONTRIBUTION: Project Ledger Base Indexation Lots or Amount Contrib. E.T. S94 Administration RA12451 $225.00 +44.91% 3 $1,110.00
Total $1,110.00 (Adjusted for December 2018 using CPI Sydney - All Groups)
+
Page 13 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.1 DEVELOPMENT APPLICATION - DA.2018.192 - RECREATION FACILITY (OUTDOOR) RIFLE RANGE - 2155 COLLECTOR ROAD, CURRAWANG
ATTACHMENT 2 DA.2018.192 - 2155 COLLECTOR ROAD, CURRAWANG - PLANS
Page 14 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 2 - DA.2018.192 - 2155 Collector Road, Currawang - Plans (Continued)
Page 15 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 2 - DA.2018.192 - 2155 Collector Road, Currawang - Plans (Continued)
Page 16 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 2 - DA.2018.192 - 2155 Collector Road, Currawang - Plans (Continued)
Page 17 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.1 DEVELOPMENT APPLICATION - DA.2018.192 - RECREATION FACILITY (OUTDOOR) RIFLE RANGE - 2155 COLLECTOR ROAD, CURRAWANG
ATTACHMENT 4 DA.2018.192 - 2155 COLLECTOR ROAD, CURRAWANG - DRAFT CONDITIONS
Page 18 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued)
REASONS FOR DECISION 1. The development was found to be consistent with the provisions of the relevant State Environmental Planning Policy/Policies; 2. The development was found to be consistent with the relevant provisions of the Palerang Local Environmental Plan 2014; 3. The development is consistent with the relevant provisions of the Palerang Development Control Plan 2015; 4. The development was found to be unlikely to result in any adverse environmental, social or economic impacts in the locality; 5. The subject site was found to be suitable for development; and 6. The development was found to be in the public interest.
COMMUNITY CONSULTATION The application was notified from 17 October 2018 to 15 November 2018. 50 submissions were received during this period. The matters raised throughout these submissions have been taken into consideration thourhgout the assessment process and where necessary suitable conditons of consent imposed.
SCHEDULE OF CONDITIONS
APPROVED DEVELOPMENT AND PLANS
1. The development referred to in the application is to be carried out in accordance with the approved plans and documents including the following:
Title / Description Prepared by Issue/Revision & Date received Date by Council Plan showing Southern consulting 2331-180717-1/ 17 2 October 2018 proposed shed surveyors July 2018 Hanger Layout - - 2 October 2018 Plans - Sheets 1-3 Aboriginal Cultural Past Trace Heritage F.2 – 20 September 2 October 2018 Heritage Due Consultants 2018 Dilligence Assessment Terrestrial Flora and Umwelt (Australia) 4199/R02/Final – 2 October 2018 Fauna Assessment Pty Limited September 2019 Report Onsite Wastewater SEEC 4 September 2018 2 October 2018 Site Assessment Addendum to Harwoods 3 August 2018 2 October 2018 Environmental Acoustics Noise Impact Assessment Environmental Harwoods 1706015E-R – 3 2 October 2018 Noise Assessment Acoustics December 2017
Page 19 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) except as modified by any of the following conditions of consent. Reason: Development is undertaken in accordance with this consent & is used for the approved purpose only.
SPECIAL CONDITIONS
2. Range Area The approved range area is limited to the project area upon Lot 149 DP750013 identified within Figure 1.2 of the Terrestrial Flora and Fauna Assessment Report prepared by Umwelt (Australia) Pty Limited with all shooting activities being contained within this area. Note: Associated Range Danger Areas are permitted upon Lots 114 DP750008 and Lot 200 DP750008. Reason: To ensure that the operation of the range does not result in unreasonable acoustic impacts upon surrounding residences.
3. Live Firing Range in a Box (LFRiB) The Live Firing Range in a Box (LFRIB) is to be installed within the approved range area to the south of the site. Amended plans demonstrating the location of the LFRiB are to be submitted to and approved by Council prior to the issue of any Construction Certificate. Reason: To ensure that the use is contained within the approved range area.
4. Lead Management The operation and management of the range is to be undertaken in accordance with EPA Victoria Guide for Managing Contamination at Shooting Ranges. Prior to operation of the range a Plan of Management for managing contamination is to be prepared for the range. A copy of the Plan of Management is to be submitted to Council. All measures within the Plan of Management are to be implemented throughout the ongoing operation of the range. Reason: To potential sources of contamination as appropriately managed throughout the ongoing use of the site.
5. Site Remediation Should at any point the use of the site as a recreation facility (outdoor) - rifle range cease for a period of more than 12 months or the use be abandoned, the site is to be remediated in accordance with a Remediation Action Plan prepared by a suitably qualified professional. A copy of the Remediation Action Plan is to be submitted to Council. Reason: To ensure that the site is appropriately remediated from potential sources of contamination following the termination of the use.
6. Range Approval Prior to the operation of the range suitable approval is to be obtained from the NSW Police for the operation of such a range. Reason: To ensure that suitable approvals are inplcace prior to the operation of the range.
7. Events
Page 20 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) Further development consent is required prior to holding any events upon the subject site outside of approved hours of operation and capacity limits contained within this consent. Reason: To ensure that appropriate consideration is given to the potential impacts of events upon the site.
8. Road Works All required road works (including required works to public roads and internal access roads) are to be completed prior to the use of the site commencing. Reason: To ensure for the provisions of suitable vehicular access to the site prior to the any use of the site.
9. Sanitary Facilities The proposed sanitary facilities are to be construced prior to the use of the site commencing. Reason: To ensure for the provisions of suitable sanitary facilities prior to the use of the site commencing.
10. Noise monitoring and management Attended noise monitoring must be undertaken at the first practical instance at each of the three nearest receivers, to confirm noise levels from firearms comply with appropriate limits. The monitoring must include a full standalone assessment of the known noisiest firearm being used at the locations closest to each of the three nearest receivers and be undertaken in accordance with the EPA’s Target Shooting Ranges: Application Note for Assessing Noise Compliance (2015).
Further attended noise monitoring must thereafter be undertaken at 6 months and at 12 months from the commencement of operations. The monitoring must include a full standalone assessment of the known noisiest firearm being used at the locations closest to each of the three nearest receivers and be undertaken in accordance with the EPA’s Target Shooting Ranges: Application Note for Assessing Noise Compliance (2015).
After one year, attended noise monitoring must thereafter be undertaken annually. The monitoring must include a full standalone assessment of the known noisiest firearm being used at the locations closest to each of the three nearest receivers and be undertaken in accordance with the EPA’s Target Shooting Ranges: Application Note for Assessing Noise Compliance (2015).
All compliance reports should include all details requested in section 6 of the EPA’s Target Shooting Ranges: Application Note for Assessing Noise Compliance (2015).
If at any point should noise generated by the development be found to exceed levels identified within the approve dnoise assessment use of the site is to cease immediately and futher noise assessment including suitable mitigation measures be undertaken by a suitably qualified profession recommending appropriate measures to achieve compliant noise levels. A copy of the report is to be submitted to Council for approval. All recomended measures are to be implemented prior to the use of the site recommencing.
The proponent must keep records of any occasion where attended noise monitoring
Page 21 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) could not be carried out due to adverse weather conditions (e.g. high wind speeds) or high levels of background noise. This information must be presented to Council upon request.
Reason: To ensure that the ongoing operation of the site is consistent with the modelled acoustic impacts.
11. Public Website Prior to the first use of the site the proponent is to establish a publically accessible website for the ongoing reporting of noise monitoring results and site information. Details of the website are to be forwarded to surrounding residences.
Copies of the following information is to be publically available on the website: i. All current statutory approvals for the project; ii. All approved strategies, plans and programs required under conditions of approval; iii. A comprehensive summary of the monitoring results of the project, reported in accordance with the specifications in any conditions of consent, or any approved plans and programs; iv. A complaints register updated on a monthly basis and all complaints being retained for a period of at least four (4) years after the complaint was made; v. A 24-hours telephone number on which complaints can be registers; vi. A postal address to which complaints may be sent; vii. An email address to which electronic complaints may be sent; viii. A calendar of what days the facility will be used; and ix. Any independent environmental audit of the project and the proposed response to the recommendations in any audit
Attended noise monitoring results must be posted within seven days on the proponent’s website and submitted to council to allow for public access to this information.
Reason: To ensure for onoing availability of information to the surrounding community throughout the operation of the site.
11B Recreational Use The use of the range is to be limited to recreational purposes and is not to be used in the course of, or for the furtherance of, employment. Reason: To ensure that the ongoing use of the site is consistent with that for which consent was sought.
12. Bushfire Protection – Emergency/ Evacuation Plan
Prior to the use of the site commencing an Emergency/Evacuation Plan is to be prepared in accordance with the NSW Rural Fire Service document Guidelines for the Preparation of Emergency/Evacuation Plan. The measures contained within this plan are to be implemented in perpetuity throughout the ongoing operation of the site.
Reason: To provide for the safe operation of the site in recognition of the potential bushfire risk .
Page 22 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued)
GENERAL CONDITIONS
13. Obtain Construction Certificate Obtain a construction certificate from Queanbeyan-Palerang Regional Council or an appropriately accredited private certifier before undertaking any work. Forward a copy of any construction certificate issued by a private certifier to Queanbeyan-Palerang Regional Council at least 2 days before undertaking any work in accordance with that construction certificate. Reason: Work is undertaken in accordance this consent & relevant construction standards.
14. Obtain Occupation Certificate Do not occupy or use the premises until an occupation certificate has been issued by Queanbeyan-Palerang Regional Council or an appropriately accredited private certifier. Provide a copy of any occupation certificate, issued by a private certifier, to Queanbeyan- Palerang Regional Council no later than 2 days after the occupation certificate is issued.
Reason: Ensure that the building complies with relevant standards.
15. BCA All work is to comply with the current edition of the Building Code of Australia. Reason: All building work is carried out in accordance with relevant construction standards.
16. Copy to Owner A copy of this consent is to be provided to the owner. Reason: To ensure the owner is aware of the requirements imposed under the consent.
17. Retaining Walls Any retaining wall greater than 600 mm is to be designed and constructed to structural engineer’s details. Prior to issue of any construction certificate provide a certified copy of the design to Queanbeyan-Palerang Regional Council. Reason: Retaining walls are structurally strong enough to bear the loads put on them.
18. Batters No batter is to have a gradient greater than 1:4. Batters greater than 1:4 must be retained. Reason: Prevent soil erosion, water pollution and the discharge of loose sediment on surrounding land.
19. Signage No signage is to be erected and/or displayed unless further consent from Council is obtained; Or the signage is consistent with the State Environmental Policy (Exempt and Complying Development Codes) 2008. Reason: To ensure the development is consistent with the approved plans.
20. Vehicular Access Vehicle access to the proposed Recreation facility is to be taken from the crown road at the western end of Lake George Road with the northern entry road to be used only for emergency access. Reason: Minimise the impact of the traffic generated on the local road system.
Page 23 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) 21. Vegetation removal/ management The removal/ management of vegetation is to be limited to that identified within the within Terrestrial Flora and Fauna Assessment Report prepared by Umwelt (Australia) Pty Limited – 4199/R02/Final. Reason: To protect the existing vegetation.
22. Clean Fill Any fill material (if any) brought onto site throughout construction works is to be certified Virgin Excavated Natural Material (VENM). Reason: To minimise potential for site contamination.
CONDITIONS TO BE SATISFIED PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE (BUILDING) 23. Footing and Slab Details Prior to issue of any construction certificate (if construction certificate application is made to Queanbeyan-Palerang Regional Council) provide details of the site classification, and all footings and slab designs, certified by a practising structural engineer. Reason: Compliance with the current version of the Building Code of Australia.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF A CONSTRUCTION (CIVIL) CERTIFICATE 24. Road Naming Application Prior to the issue of any Construction Certificate (incuding any civil Construciton Certificate) an application is submitted to and approved by Council for the naming of the new road. Reason: To make provision for the naming of new public road ways
25. Design Standard Civil design to AUS-SPEC #1 QPRC Development Specification Series as amended by Queanbeyan-Palerang Regional Council. Design work is to be done by appropriately accredited engineering designers. Reason: To ensure that works are designed to cater for the demands generated by the development in accordance with Council’s standards. 26. Road Design All public and private roads shall be designed to the standards as set out in AUS-SPEC#1 D1 QPRC Geometric Road Design Specification as amended by Queanbeyan-Palerang Regional Council. Construction certificate drawings shall clearly illustrate the typical section of the carriageway within the road reserve, indicating the verge widths and position of all street furniture, surface features and underground service alignments offset from kerb lines and/or road reserve boundaries. Reason: To ensure that the roads created are of a standard to safely cater for the traffic generated by the development.
27. Pavement Design Provide a detailed pavement design, conforming to the procedures set out in AUS- SPEC# D2 QPRC Pavement Design Specification. The design must be based on site- existing subgrade CBR information along the routes of all proposed roads and is to be shown on typical cross sections in the design drawings. Reason: To ensure that roads are designed to cater for the traffics generated by the development.
Page 24 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued)
CONDITIONS TO BE SATISFIED PRIOR TO THE COMMENCEMENT OF WORKS
28. Appoint PCA
Appoint a principal certifying authority before any work is undertaken. Provide details of the appointed principal certifying authority (if not Queanbeyan-Palerang Regional Council) to Queanbeyan-Palerang Regional Council at least 2 days prior to any work being undertaken.
29. Section 138 consent (s.138) The Contractor MUST obtain consent under Section 138 of the Roads Act 1993 from Queanbeyan-Palerang Regional Council or from Roads and Maritime Services (if appropriate), before any work is undertaken within public road reserves. A Security Bond as identified in the Security Deposit section (below), is to be lodged with the s.138 Application. Contractors or others proposing to carry out works on a public road shall be experienced and pre-qualified to Council’s and/or have NSW Roads and Maritime Services accreditation. Reason: To ensure that works carried out comply with the Roads Act.
30. Erosion and Sediment Contorl Plan An Erosion and Sediment Control Plan (ESCP) or Soil and Water Management Plan (SWMP) for all site works, including road works and access, is to be approved by the principal certifying authority prior to work commencing. The plan is to cover all measures to control erosion and sediment transport in accordance with the NSW Landcom publication Managing Urban Stormwater -Soils and Construction (4th Edition 2004- "Blue Book"). Reason: To minimise environmental impact associated with any works & to prevent soil erosion/water pollution.
31. Installation of Sediment and Erosion Controls Install sediment and erosion controls, prior to any construction activity in accordance with the approved Erosion and Sediment Control Plan, to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows, (a) divert uncontaminated run-off around cleared or disturbed areas, (b) erect a silt fence to prevent debris escaping into drainage systems or waterways, (c) prevent tracking of sediment by vehicles on roads, and (d) stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site. Reason: To minimise environmental impact associated with any works & to prevent soil erosion/water pollution.
Page 25 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued)
CONDITIONS TO BE SATISFIED DURING WORKS
32. Construction Hours Construction work shall only be undertaken between the hours of 7:00 am and 5:00 pm Mondays to Fridays and between the hours of 8.00 am and 1.00 pm Saturdays. No construction work shall take place on Sundays or Public Holidays unless Queanbeyan- Palerang Regional Council agrees in writing. A written application shall be made to Queanbeyan-Palerang Regional Council if a variation of hours is required. Reason: To ensure that noise impacts do not result from construction work.
33. Approval Documents Keep a copy of all stamped approved plans, specifications and documents on site while work is being undertaken. Reason: Relevant documentation is available for perusal on site by a council officer, for compliance check.
34. Site Identification The site where building work, subdivision work, or demolition work are proposed to be carried out shall be identified by a sign sited in a visually prominent position containing the following information; the development application number, name, address and telephone number of the principal certifying authority, name of the principal contractor (if any) and 24 hour contact telephone number, and a statement that “unauthorised entry to the work site is prohibited”. Reason: The site is managed in a safe manner.
35. Unexpected Finds The development is to proceed with caution. If any Aboriginal objects are found, works should stop and DECCW notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and NSW Office of Environment and Heritage are to be notified. Reason: To ensure objects discovered during construction are protected and notified in accordance with the Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales.
36. Construction Facilities Toilet facilities are to be provided at or in the close vicinity of the work site on which work involved in the erection or demolition of a building is being carried out. Reason: To provide adequate facilities to the work site.
37. Unauthorised Use of Public Land No building materials are to be stored or construction activities undertaken on public or adjoining land without Prior written approval from Council. Reason: To prevent unnecessary disturbance to public land.
38. Excavation and Backfilling All excavations and backfilling associated with the erection or demolition of a building must be executed in accordance with the requirements of SafeWork.
Page 26 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) Reason: To ensure excavation does not impact on adjoining property and compliance with SafeWork requirements.
39. Construction Waste Management All waste materials generated on-site during construction are to be stored in enclosed containers and deposited in an approved landfill at regular periods. Reason: To ensure adequate waste management practices are in place during the construction phase.
40. Maintenance of Erosion Control Measures All measures to control erosion and sediment transport are to be maintained during the works in accordance with the NSW Landcom publication Managing Urban Stormwater - Soils and Construction (4th Edition 2004- "Blue Book") and for as along as necessary after the completion to prevent sediment and dirty water leaving the site and/or entering the surface water system outside of the site. Reason: To minimise environmental impact associated with any works & to prevent soil erosion/water pollution.
41. Construction Standard and Contractors Civil works shall be constructed to AUS-SPEC #1 QPRC Construction Specification Series as amended by Queanbeyan-Palerang Regional Council, AUSTROADS including RMS supplements, Water Services Association of Australia Sewer and Water Codes, and relevant Australian Standards and/or as amended by conditions of Development Consent. Construction work shall be carried out by approved Contractors experienced in civil construction works, have quality management systems in place, and hold business insurance policies covering workers compensation and public liability. Additional insurance may be required under Section 138 of the Roads Act 1993 to work within a public road reserve. Reason: To ensure the development is undertaken to comply with Council’s standards.
42. Traffic Control Devices Install appropriate traffic control devices for all streets as required in accordance with AS1742 and Roads and Maritime Service requirements. Reason: To provide a safe and suitable driver instruction within the street network during works.
43. Dust Suppression Undertake measures as appropriate, and/or respond to any Queanbeyan-Palerang Regoinal Council direction to provide dust suppression on roads leading to, adjacent to and within the worksite in the event that weather conditions and construction traffic are giving rise to abnormal generation of dust. Reason: To ensure that local residents and activities are not disadvantaged by dust during construction.
44. Damage to Any Infrastructure Any infrastructure (public or private) that is damaged during construction within the road reserve is the responsibility of the applicant to correct and repair or replace as necessary, to bring the damaged infrastructure back to the condition or better, existing prior to any damage. Reason: To ensure existing infrastructure is protected.
Page 27 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) 45. Inspections and Test Plans The Project Quality Plan shall include inspection and test plans detailing witness points as specified in AUS-SPEC #1 QPRC CQC Quality Control Requirements Development Construction Specification as amended by Queanbeyan-Palerang Regional Council. Witness Points shall be signed off by the Superintendent of Works. Hold Points will require that the work be acceptable on the basis of visual inspection by the Principal Certifying Authority and satisfactory test results supplied by the Superintendent of Works prior to commencement of the next stage of the works. Reason: To ensure that the works are carried in accordance with quality assurance principles.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE
46. Final Occupation Certificate The final occupation certificate must not be issued until all conditions of consent have been satisfactorily complied with and all mandatory stage/required plumbing inspections undertaken. Plumbing and drainage must be inspected by Queanbeyan-Palerang Regional Council at the relevant stages of construction in accordance with the attached inspection schedule and a final plumbing certificate obtained prior to issue of any occupation certificate. Reason: Development is safe & appropriate for occupation, and is completed in accordance with the consent.
47. Colours and Material Finishes The shed structure is to be finished in materials that have a low reflectivity. Colours are to incorporate the use of muted, natural colours that will blend with, rather than stand out from, the landscape for major features such as walls and roof. Reason: The building is not visually intrusive in the landscape and does not cause glare.
48. Stormwater Management Convey roof water to a water tank or divert a minimum 3 m away from any building. Divert the overflow of any water tank a minimum of 3 m from any building. Reason: Stormwater disposal does not impact on the building.
49. Disturbed Surfaces
Rehabilitation grass mix is to be applied to all disturbed surfaces at the recommended rate of dispersal prior to the issue of the final occupation/completion certificate. Do not use species that are listed under the Noxious Weeds Act 1993. Reason: Prevent soil erosion, water pollution and the discharge of loose sediment on surrounding land
Page 28 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) 50. Fire Safety Certificate
Prior to obtaining the final occupation certificate, provide the final fire safety certificate to Queanbeyan-Palerang Regional Council (and to the principal certifying authority if not Queanbeyan-Palerang Regional Council). A final fire safety certificate is a certificate issued by or on behalf of the owner of the premises to the effect that each essential fire safety measure specified in the current fire safety schedule for the building to which the certificate relates: (a) has been assessed by a properly qualified person, and (b) was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the certificate is issued. Note: The assessment of essential fire safety measures must have been carried out within the period of 3 months prior to the date on which a final fire safety certificate is issued
As soon as practicable after the final fire safety certificate is issued, the owner of the building to which it relates: (a) must provide a copy of the certificate (together with a copy of the current fire safety schedule) to the Fire Commissioner, and (b) must display a copy of the certificate (together with a copy of the current fire safety schedule) prominently displayed in the building. 51. Bushfire Protection - Asset Protection Zones At the commencement of building works and in perpetuity the property to a distance of 10m around all aspects of the building shall be managed as an asset protection zone 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. Reason: 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.
52. Bushfire Protection Water, electricity and gas are to comply with the following requirements of section 4.1.3 of Planning for Bush Fire Protection 2006: A dedicated water supply of 20,000 litres for firefighting purposes for each occupied building excluding drenching systems, is provided in accordance with Table 4.2. A suitable connection for firefighting purposes is made available and located within the IPA and away from the structure. A 65mm Storz outlet with a Gate or Ball valve is provided. Gate or Ball valve and pipes are adequate for water flow and are metal rather than plastic. Underground tanks have an access hole of 200mm to allow tankers to refill direct from the tank. A hardened ground surface for truck access is supplied within 4 metres of the access hole. Above ground tanks are manufactured of concrete or metal and raised tanks have their stands protected. Plastic tanks are not used. Tanks on the hazard side of a building are provided with adequate shielding for the protection of fire fighters.
Page 29 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) All above ground water pipes external to the building are metal including and up to any taps. Pumps are shielded. Where practicable, electrical transmission lines are underground. Where overhead electrical transmission lines are proposed: - lines are installed with short pole spacing (30 metres), unless crossing gullies, gorges or riparian areas; and - no part of a tree is closer to a power line than the distance set out in accordance with the specifications in ‘Vegetation Safety Clearances’ issued by Energy Australia (NS179, April 2002). Reticulated or bottled gas is installed and maintained in accordance with AS 1596 and the requirements of relevant authorities. Metal piping is to be used. All fixed gas cylinders are kept clear of all flammable materials to a distance of 10 metres and shielded on the hazard side of the installation. If gas cylinders need to be kept close to the building, the release valves are directed away from the building and at least 2 metres away from any combustible material, so that they do not act as a catalyst to combustion. Connections to and from gas cylinders are metal. Polymer sheathed flexible gas supply lines to gas meters adjacent to buildings are not used. Reason: 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.
53. Bushfire Protection - Access
Public road access shall comply with section 4.1.3 (1) and (2) of Planning for Bush Fire Protection 2006. Reason: To provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area.
54. Bushfire Protection – Landscaping
Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006. Reason: To minimise the potential for bushfire attack on the building. Advice: The following measures should be implemented when landscaping the site: Suitable impervious areas being provided immediately surrounding the building such as courtyards, paths Grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building; Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building; Maximum tree cover should be less than 30%, and maximum shrub cover less than 20%; Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);
Page 30 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) When considering landscape species consideration needs to be given to estimated size of the plant at maturity; Avoid species with rough fibrous bark, or which retain/shed bark in long strips or retain dead material in their canopies; Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown; Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter); Avoid climbing species to walls and pergolas; Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building; Locate combustible structures such as garden sheds, pergolas and materials such timber garden furniture way from the building; and Use of low flammability vegetation species.
55. Prevent Stormwater Discharge to Public Road Provide permanent drainage measures on internal roads and in the vicinity of each entrance, to divert stormwater away from driveways and control stormwater and sediments flowing on to the public road via the driveway. All measures are to be approved by the principal certifying authority. Reason: Gravel and silt is not washed from the property to the road surface and road table drains.
56. Carry out sewer work, carry out water supply work, carry out stormwater work All sanitary plumbing and drainage work is to be carried out in accordance with the requirements of the Local Government (General) Regulation 2005, AS 3500 and the requirements of Plumbing and Drainage Act, 2011. No alterations or additions are permitted without approval from Council. Reason: All plumbing and drainage functions adequately. Council must inspect the following stages of construction and installation: Internal and external plumbing and drainage, Installation of the on-site sewage management system and disposal area, Final inspection of plumbing, drainage and on-site sewage management system. Reason: To ensure compliance with AS3500 - National Plumbing and Drainage Code and the requirements of Plumbing and Drainage Act, 2011. Three star and four star rated water conservation devices are to be installed in the bathroom and kitchen respectively. Reason: Water efficiency and minimisation of wastewater produced. A ‘Notice of Work’ (NoW) is to be issued to Queanbeyan-Palerang Regional Council no later than 2 business days before the work concerned is carried out. Reason: Council is informed prior to undertaking inspections and in accordance with requirements of Plumbing and Drainage Act, 2011. Licensees as the ‘responsible person’ must submit a Sewer Service Diagram(SSD) layout to Queanbeyan-Palerang Regional Council prior to or at the time of inspection. Reason: Council records are kept up to date and requirements of Plumbing and Drainage Act, 2011.
Page 31 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) A ‘Certificate of Compliance’ (CoC) is to be issued to the Queanbeyan-Palerang Regional Council and a copy to the person for whom the work is carried out on completion of the final inspection. Reason: Council records are kept up to date and requirements of Plumbing and Drainage Act, 2011.
57. Internal Road Access Construct an internal access road between the crossover and the proposed facility to the standard of Private Access Road, as set out in Table D1.7 AUS-SPEC# D1 QPRC Geometric Road Design. Reason: Roads created allow for environmental protection and requirements for bushfire planning.
58. Rural Entrance Reconstruct/upgrade as necessary the entrances to the standard of Rural Vehicular Access as specified in AUS-SPEC# D13 QPRC Vehicular Access Design Specification. Reason: Safe entry and exit to lots from the road.
59. Access Roads Reconstructed/upgrade the access road on Lake George Road / Point Ondyong Road to the standard of Minor Rural Road as set out in Table D1.7 AUS-SPEC# D1 QPRC Geometric Road Design. Reason: Roads created are of a standard to safely cater for the traffic generated by the development.
60. Dedicate Public Road The Crown road from the western end of Lake Geroge Road to the southern boundary of the site to be dedicated to Queanbeyan-Palerang Regional Council as a public road. Reason: To ensure compliance with the Roads Act 1993 and the Conveyancing Act 1919.
61. Crown Road Construction Bond Prior to issue of a Construction Certificate, provide a Bond payment for the Crown Road construction / upgrade works, to the value agreed by Queanbeyan-Palerang Regional Council. The Bond amount to be determined on the detailed estimate as prepared and submitted by a Registered Quantity Surveyor, for the total cost of construction / upgrade works of the Crown Road to the standard specified within AUSSPEC #1 QPRC Design Specifications D1 and D2, and this consent. When paying this bond please quote account code GLBondRdWks. Reason: To ensure that all Crown Road works are to the appropriate standard and completed in a timely matter at no cost to Queanbeyan-Palerang Regional Council.
62. Works As-Executed (WAE) Plans Provide one electronic copy (DWG or similar), one PDF copy and one hard copy (A3) of works as-executed plans to Queanbeyan-Palerang Regional Council, showing any variations from the approved designs. The works as-executed plans are to be prepared in accordance with the requirements set out in AUS-SPEC #1 QPRC Design and Construction Specification Series as amended by Queanbeyan-Palerang Regional Council. Reason: To provide a record of works for future technical reference.
63. Design and Construction Standard All civil works are to be constructed in accordance with Queanbeyan-Palerang Regional
Page 32 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) Council Design and Construction Specifications as amended by Queanbeyan-Palerang Regional Council. Reason: Roads and other works are of a standard to safely cater for the traffic generated by the development.
64. Certification of Completed Works At the completion of works the superintendent of works shall present to Queanbeyan- Palerang Regional Council a Certification Report for civil works and is to include copies of any approvals outlined in this development consent and report on the current status of environmental restoration and revegetation. All project plans, inspection test plans, and results are to be included in the report. The superintendent of works shall be a Civil Engineer or suitably experienced and accredited Registered Surveyor as set out in AUS- SPEC #1. Reason: To ensure compliance of the works with the terms of the development consent and quality control requirements.
65. Section 7.11 Contributions – Civic & Urban Improvements Pay Queanbeyan-Palerang Regional Council $2,688.00 towards the provision of civic and urban improvements, in accordance with Mulwaree Section 94 Plan Sec.3.8 – Civic & Urban Improvements, prior to the release of occupation certificate. The amount payable is subject to quarterly amendment in keeping with the Consumer Price Index – Sydney All Groups. This Contributions Plan may be inspected at Council’s administrative offices (10 Majara Street, Bungendore and 144 Wallace Street, Braidwood) during normal office hours. Reason: Appropriate provision of public facilities and amenities for the population resulting from this development. 66. Section 7.11 Contributions – Road Upgrading Pay Queanbeyan-Palerang Regional Council $28,692.00 towards the upgrade of roads leading to the development, in accordance with Mulwaree Section 94 Plan Sec.3.9 – Road Upgrading, prior to release of the occupation certificate. The amount payable is subject to quarterly amendment in keeping with the Consumer Price Index – Sydney All Groups. This Contributions Plan may be inspected at Council’s administrative offices (10 Majara Street, Bungendore and 144 Wallace Street, Braidwood) during normal office hours. Reason: Appropriate upgrade of the roads affected by the increase in traffic resulting from this development. 67. Section 7.11 Contributions – Bushfire Facilities Pay Queanbeyan-Palerang Regional Council $816.00 towards the provision and use of bush firefighting assets, in accordance with Mulwaree Section 94 Plan Sec.3.10 – Bushfire Facilities, prior to release of the occupation certificate. The amount payable is subject to quarterly amendment in keeping with the Consumer Price Index – Sydney All Groups. This Contributions Plan may be inspected at Council’s administrative offices (10 Majara Street, Bungendore and 144 Wallace Street, Braidwood) during normal office hours. Reason: Appropriate provision of bush firefighting services required by the development.
68. Section 7.11 Contributions – S94 Administration Pay Queanbeyan-Palerang Regional Council $1,110.00 towards the provision and use of bush firefighting assets, in accordance with Mulwaree Section 94 Plan Sec.3.11 – S94 Administration, prior to release of the occupation certificate. The amount payable is subject to quarterly amendment in keeping with the Consumer Price Index – Sydney All Groups. This Contributions Plan may be inspected at Council’s administrative offices (10 Majara Street, Bungendore and 144 Wallace Street, Braidwood) during normal office
Page 33 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) hours. Reason: Ensure the provisions of the Contribution Plan are implemented in an efficient and sustainable manner.
CONDITIONS TO BE SATISFIED DURING THE ONGOING USE OF THE PREMISES 69. Hours of Operation Operation of the site is to be restricted to within the following hours of operation: Hours Days per week Day 10:00am-5:00pm 5 days Night 5:00pm – 8:30pm 3 days
No operation is to occur between the hours of 8:30pm and 10:00am. Reason: To ensure compatibility with surrounding land uses.
70. Bushfire Protection – Fire Weather Conditions
No shooting shall be conducted upon site on days of notified or forecast extreme or catastrophic fire weather conditions (Note: response and actions in relation to forecast fire weather shall be specified in the emergency/ evacuation plan). Reason: To provide for the safe operation of the site in recognition of the potential bushfire risk 71. Site Capacity Occupation of the site is to be limited to maximum of 35 people at any time. Reason: To ensure the development is undertaken as proposed.
72. Use of Helicopters At no time are helicopters or other aircraft to operate upon the subject site. Reason: Further consideration of impacts is required for such a use.
73. Use of Building/Structure Do not use the building for industrial activities, or as a dwelling or habitable rooms. Reason: Development is undertaken in accordance with this consent & is used for the approved purpose only.
74. Surface Water Do not re-direct surface water onto adjoining private land. Alterations to the surface contours must not impede or divert natural surface water run-off, so as to cause a nuisance to adjoining property owners or create an erosion or sediment problem. Reason: Stormwater disposal does not impact on the building or neighbouring properties
75. Essential Fire Safety The owner of the building must maintain each essential fire safety measure in the building premises to a standard no less than that specified in the schedule. Reason:
Page 34 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) 76. Annual Fire Statement The owner of the premises must provide an annual fire safety statement to Queanbeyan- Palerang Regional Council and the Fire Commissioner. An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that: (a) each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to a standard no less than that specified in the current fire safety schedule, (b) the building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7 of the Environmental Planning and Assessment Regulation 2000. Reason: To ensure compliance with the Environmental Planning and Assessment Regulation 2000.
ACTIVITY APPROVAL – SECTION 68 OF LOCAL GOVERNMENT ACT 1993 77. Local approval – on-site sewage management system The wastewater management system is to be designed, installed and maintained in accordance with the principles of ‘On-site Sewage Management for Single Households’, AS/NZS 1547-2012 ‘On-site Domestic Wastewater Management’ and the site report prepared by SEEC (dated 4 September 2018) except with the following amendments; Reason: To ensure that the on-site effluent management system will have a neutral or beneficial effect on water quality, that it will be sustainable over the long term and will not have detrimental impacts on the health of occupants of the land. All effluent is to be assimilated within the boundaries of the property. No effluent management areas are to be located within 100 m of any creek, watercourse or bore whether perennial or intermittent, or within 40 m of a drainage depression. All stormwater collected from roofs and other hard surface areas is to be diverted away from any effluent management area, with provision for energy dissipation at the outlet to prevent scouring or erosion. Reason: To ensure that the on-site effluent management system will have a neutral or beneficial effect on water quality and that it will be sustainable over the long term. All wastewater (black and grey) is to be directed to the on-site sewage management system for treatment. Fence off the effluent management area prior to any construction work commencing and maintain in fencing in perpetuity to prevent human, vehicle and stock access. Trenches are to be no longer than 20 m and a distribution box installed to allow equal distribution between the trenches. Provide a diversion drain 30 cm deep and 20 cm wide, with 100 mm agricultural pipe supported in clean aggregate on a grade of 3-5%, and draining well clear of the absorption trench. No water supply or any source of water supply to be used for drinking, domestic purposes or for stock is to be polluted or rendered unwholesome by the land application of the effluent from the proposed on-site sewage system. The humus closet must be installed and operated in accordance with the manufacturer’s Reason: Compliance with AS1547-2012 On-site Domestic Wastewater Management. 78. Septic tank The septic tank is to be located at least 3 m from any building and have adequate access for desludging.
Page 35 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.1 Development Application - DA.2018.192 - Recreation Facility (Outdoor) Rifle Range - 2155 Collector Road, Currawang Attachment 4 - DA.2018.192 - 2155 Collector Road, Currawang - Draft Conditions (Continued) The disposal area is to be constructed parallel with the contour of the land in the approximate position indicated on the plan. An application for the renewal of the approval to operate shall be made at least 3 months prior to the end of the period of the approval. Reason: To ensure compliance with AS1547-2012 On-site Domestic Wastewater Management.
79. Aerated water treatment system All irrigation pipe work and fittings must comply with AS 2698 Plastic pipes and fittings for irrigation and rural applications, and standard household hose fittings must not be used, the irrigation system must not be capable of being connected to the mains water supply. If the land application is by spray irrigation, the land application area should not be used for passive or active recreational purposes. The land application area must not be used to grow vegetables or fruit for human consumption. Within the effluent irrigation area there must be at least two warning signs that comply with AS 1319 and have: a green background 20 mm high capital lettering in black or white, and the words ‘RECLAIMED EFFLUENT – NOT FOR DRINKING – AVOID CONTACT’. The AWTS unit shall be maintained and inspected by an approved service agent every 3 months. An application for the renewal of the approval to operate shall be made at least 3 months prior to the end of the period of the approval. Reason: To ensure compliance with AS1547-2012 On-site Domestic Wastewater Management.
80. Drinking Water Supplies Drinking water supplies are to be treated and monitored in accordance with the NSW Health Private Water Supply Guidelines 2007. Reason: To ensure the quality of private water supplies are maintained and monitored in accordance with NSW Health Private Water Supply Guidelines 2007.
Page 36 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.3 PLANNING PROPOSAL - EXEMPT AND COMPLYING DEVELOPMENT IN THE LANDUSE ZONES E4 ENVIRONMENTAL LIVING, RU5 VILLAGE AND RU1 PRIMARY PRODUCTION
ATTACHMENT 1 REPORT AND PLANNING PROPOSAL - 10 MARCH 2015
Page 37 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued)
Attachment 1: Planning Proposal
Planning proposal Amendment of provisions relating to exempt and complying development in the E4 Environmental Living zone, exempt development in the RU5 Village zone and complying development in the RU1 Primary Production zone
The planning proposal concerns the amendment of provisions relating to exempt and complying development in the land use zone E4 Environmental Living, exempt development in land use zone RU5 Village and complying development in RU1 Primary Production.
Exempt development is minor development (such as a small pergola) that does not require approval from a council or a private certifier provided that it meets all the criteria specified in the relevant planning instrument. All exempt development provisions in the Palerang local government area are contained in the Exempt and Complying SEPP except for farm dams in RU1 Primary Production which are in schedule 2 of the PLEP 2014. Complying development is a form of development approval (complying development certificate) that can be issued by a council or an accredited certifier. Complying development for residential purposes includes the construction of new single and two storey dwellings and alterations or additions to an existing house. All complying development provisions in the Palerang local government area are contained in the Exempt and Complying SEPP. A review of the exempt and complying provisions has found that the types of exempt and complying development that are allowable in the E4 Environmental Living land use zone should be expanded. The E4 zone has been used in the PLEP 2014 for areas that were zoned rural residential under previous planning instruments and in the Palerang context the E4 zone functions as a rural residential zone. It is therefore appropriate to allow a broader range of developments as exempt or complying than currently provided for in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Exempt and Complying SEPP). Additionally, it should be possible to erect a residential type fence in the land use zone RU5 Village as exempt development. Under the Exempt and Complying SEPP the RU5 Village Zone falls within the category of ‘rural zone’ rather than ‘residential zone’. As a consequence the type of fencing that is exempt development in the RU5 Village zone (for example in Captains Flat) is rural style post and rail or post and wire, not the typical residential style paling or colorbond fence. It is considered unnecessary to require a development application for the erection of a typical residential fence in the village zone. It is also considered that complying development should be permissible on lots within Zone RU1 that are smaller than the minimum lot size which have been created by subdivision through ‘averaging’ or ‘concessional lot’ provisions. The Rural Housing Code within the Exempt and Complying SEPP allows new single storey and two storey dwelling houses as complying development, but only if the lot is not less than the minimum lot size for a dwelling house under the relevant planning instrument. In Palerang we have lots smaller than the minimum lot size that have Page 38 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) been created under averaging provisions or concessional lot provisions and on which a dwelling house is permissible. There is no reason to withhold the ability to use complying development on these lots. Exempt development cannot be undertaken in any land use zone where the land is critical habitat, a wilderness area that is identified under the Wilderness Act 1987, where there is an item listed on the State Heritage Register (if it is mapped on the part not affected by the listing), is the subject of an interim heritage order under the Heritage Act 1977 or is a heritage item listed in the Palerang Local Environmental Plan 2014.
To enable the proposed amendments to occur, it is necessary to amend schedules 2 and 3 of the Palerang Local Environmental Plan 2014.
Summary of proposed amendments (see Attachment 1 for details)
E4 Environmental Living exempt development
Aerials, antennae and communication dishes
Animal shelters
Aviaries
Balconies, decks, patios, pergolas, terraces and verandahs
Barbecues and other outdoor cooking structures
Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses
Carports
Farm buildings (stockyards)
Fowl and poultry houses
Rainwater tanks (below ground)
Shade structures of canvas, fabric, mesh or the like
Tennis courts
E4 Environmental Living complying development
New single storey and two storey dwelling houses
Alterations or additions to existing single storey and two storey dwelling houses
Ancillary development
Page 39 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) Maximum heights of dwelling houses and outbuildings
RU5 Village exempt development
Fences in residential zones
RU1 Primary Production complying development (houses and ancillary development)
Small lots created through subdivision using ‘averaging’ or ‘concessional’ lot provisions
Part 1 Intended outcome
There are three intended outcomes of this planning proposal: to allow a wider range of land uses to be exempt and complying development in E4 Environmental Living. This includes the erection of new one or two storey dwellings as complying development to allow residential type fencing as exempt development in the land use zone RU5 Village to allow the erection of new one or two storey dwellings and ancillary development as complying development on lots created by subdivision for residential purposes
Part 2 Explanation of provisions
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows a range of exempt development and the erection of new one or two storey dwellings and ancillary development associated with a dwelling as complying development in RU1 Primary Production and R5 Large Lot Residential land use zones (provided the minimum lot size requirements are met) but not the land use zone E4 Environmental Living. To allow a greater range of exempt and complying development in the land use zone E4 Environmental Living either the Palerang LEP 2014 or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 will need to be amended.
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not permit the erection of residential type fences in the land use zone RU5 Village as exempt development. To allow residential type fencing in RU5 Village it is necessary to amend the Palerang LEP 2014 or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Clause 3A.2(2) of the State Environmental Planning Policy (Exempt and Complying Development Codes) only allows the erection of new single and two storey dwellings on lots that meet the minimum lot size of the Palerang LEP 2014. To allow complying development on lots less than the minimum lot size that have been created for residential purposes by subdivision it is necessary to amend the Palerang LEP 2014 or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Page 40 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) Refer to Attachment 1 for more detail on the proposed amendments.
Part 3 Justification
Section A Need for the planning proposal
Question 1 Is the planning proposal a result of any strategic study or report
The planning proposal is not part of a strategic study or a report.
Question 2 Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way
The planning proposal is the only means available to Council to achieve the intended outcomes, but amendment of the SEPP (Exempt and Complying Development Codes) 2008 by the Department of Planning and Environment is an alternative.
Section B Relationship to strategic planning framework
Question 3 Is the planning proposal consistent with the objectives and actions of the applicable regional or sub-regional strategy
The planning proposal does not relate to a regional or sub-regional strategy.
Question 4(a) Is the planning proposal consistent with a council’s local strategy or other local strategic plan
Palerang Council does not have a local strategic plan.
Question 4(b) Is the planning proposal consistent with the local council’s community plan, or other local strategic direction
The planning proposal does not relate to the Palerang Community Strategic Plan 2013-32.
Question 4(c) If the provisions of the planning proposal include the extinguishment of any interests in the land, an explanation of the reasons why the interests are proposed to be extinguished should be provided
There are no interests to be extinguished.
Question 4(d) the concurrence of the landowner, where the land is not owned by the relevant planning authority
Not applicable
Page 41 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) Question 5 Is the planning proposal consistent with the applicable State Environmental Planning Policies
The planning proposal is consistent with the State Environmental Planning Policies.
Question 6 Is the planning proposal consistent with applicable Ministerial Directions
Name of direction Consistent with the direction
1.2 Rural Zones Yes. The planning proposal is not rezoning land and will not increase the density of land
1.5 Rural Lands Yes. The planning proposal is consistent with the State Environmental Planning Policy (Rural Lands) 2008 as it does not affect the viability of agricultural or environmental land and is not amending the minimum lot size.
2.1 Environmental Yes. The planning proposal does not reduce the environmental Protection Zones protection standards for the affected land.
2.3 Heritage Conservation Yes. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains provisions relating to the management of heritage
2.4 Recreation vehicle areas Yes. The planning proposal does not enable recreation vehicles to be used in an environmental protection zone.
3.2 Caravan Parks and Yes. The Planning Proposal does not involve any land use zone Manufactured Home amendment in relation to a caravan park or manufactured home Estates estates
3.3 Home Occupation Yes. The Planning Proposal does not impact on the ability to undertake a home occupation
4.3 Flood Prone Land Yes. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains provisions relating to the management of flood planning land
4.4 Planning for Bushfire Yes. The State Environmental Planning Policy (Exempt and Complying Protection Development Codes) 2008 contains provisions relating to the management of bush fire prone land
5.1 Implementation of Yes. The planning proposal is consistent with the Sydney-Canberra Regional Strategies Corridor Regional Strategy
5.2 Sydney Drinking Water Yes. State Environmental Planning Policy (Exempt and Complying Catchment Development Codes) 2008
Page 42 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued)
6.1 Approval and Referral Yes. There will be no requirement for concurrence, consultation or Requirements referral of a development application to a government agency
6.2 Reserving Land for Yes. The Planning Proposal does not the reservation of land for a Public Purposes public purpose
Section C Environmental, social and economic impact
Question 7 Is there any likelihood that critical habitat or threatened species populations or ecological communities or their habitats will be adversely affected as a result of the proposal
There is no critical habitat as listed in NSW legislation in the Palerang local government area. Through the proposed requirement that dwellings be erected within building envelopes, the risk of an adverse impact on native flora and fauna is decreased. Additionally, the State Environmental Planning Policy (Exempt and Complying Development Codes) includes provisions relating to exempt development and the removal of trees and vegetation (clause 1.16(3)(b)).
The State Environmental Planning Policy (Exempt and Complying Development Codes) contains provisions (clauses 1.17A-1.19) in relation to heritage, natural assets, ANEF contours 25 and higher and unsewered land in drinking water catchments.
Question 8 Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed
No
Question 9 Has the planning proposal adequately addressed any social and economic effects
It is suggested that the opportunity for some residential development to be undertaken as exempt or complying development may reduce the cost of development, for example the need to pay development application fees to council for exempt development.
Section D State and Commonwealth interests
Question 10 Is there adequate public infrastructure for the planning proposal
Not applicable
Page 43 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) Question 11 What are the views of state and Commonwealth public authorities consulted in accordance with the Gateway determination
The NSW or Commonwealth public authorities have not been consulted.
The Planning Proposal will be referred to the NSW Rural Fire Service.
Part 4 Mapping
There will be no mapping required.
Part 5 Community consultation
The Planning Proposal will be exhibited for 28 days as it affects a large area of land.
Part 6 Project timeline
stage completion date
Anticipated commencement date (date of Gateway Early April 2015 Determination)
Anticipated timeframe for government agency consultation end of May 2015
Anticipated commencement and completion dates for public end of June 2015 exhibition period
Anticipated timeframe for consideration of submissions mid July 2015
Anticipated date of report to Council Early August 2015
Anticipated date of submissions and Council report and Mid October 2015 recommendation to the NSW Department of Planning and Environment to finalise the draft local environmental plan
Amended local environmental plan gazetted Mid November 2015
Page 44 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) ATTACHMENT 1 PROPOSED AMENDMENTS
1. Exempt development in E4 Environmental Living Zone Table 1 summarizes the proposed changes to the exempt development provisions in the E4 zone. TABLE 1 PROPOSED AMENDMENTS FOR EXEMPT DEVELOPMENT IN E4 ENVRONMENTAL LIVING ZONE
Exempt and complying SEPP Current restrictions for E4 zone Proposed change for E4 zone provision Subdivision 2 Aerials, antennae Must be located in the rear of Allow anywhere on lot as in and communication dishes the lot zones RU1 and R5 Subdivision 3A Animal shelters Must be behind building line Allow anywhere on lot as in RU1 Subdivision 4 Aviaries Maximum 10 m2 Allow maximum 30 m2 as in RU1 Subdivision 6 Balconies, decks, Can be built up to 900 mm from Allow no closer than 5 m from patios, pergolas, terraces and lot boundary boundary as in RU1 and R5 verandahs Subdivision 7 Barbecues and Must be located behind building Allow anywhere on lot as in RU1 other outdoor cooking line structures Subdivision 9 Cabanas, cubby Maximum 20 m2 and can be as Allow maximum 50 m 2 and no houses, ferneries, garden sheds, close as 900 mm from boundary closer than 5 m from boundary gazebos and greenhouses as in RU1 and R5 Subdivision 10 Carports Maximum 25 m2 and can be as Allow maximum 50 m 2 and no close as 900 mm from boundary closer than 5 m from boundary as in RU1 and R5 Subdivision 16 Farm buildings None are allowed Allow stockyard up to 0.5 ha as in RU1 Subdivision 21 Fowl and poultry None are allowed Allow to house up to 10 fowl or houses poultry as in R5 Subdivision 33 Rainwater tanks None are allowed Allow as in RU1 and R5 (below ground) Subdivision 36 Shade structures Can be built up to 900 mm from Allow no closer than 5 m from of canvas, fabric, mesh or the lot boundary boundary as in RU1 and R5 like Subdivision 39B Tennis courts None are allowed Allow on lots larger than 1 ha as in RU1 and R5
The proposed amendment of the PLEP 2014 would result in the following provisions (or similar as determined by the Parliamentary Counsel) being inserted in schedule 2 of the PLEP 2014. The provisions are based on and follow the format of the Exempt and Complying SEPP
Page 45 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued)
Aerials, antennae and communication dishes The construction or installation of an aerial, antenna or a satellite communications dish (including any supporting mast). (1) The development must not comprise fire alarm communication link works within the meaning of the Environmental Planning and Assessment Regulation 2000,and (2) if the development is attached to an existing building, either by being mounted on the roof or attached to an external wall of a building: (a) the development must not have a diameter of more than 900mm if the development is installed in connection with the use of a dwelling on the lot, and (b) the development must not have a diameter of more than 1.8m if installed for any other purpose, and (c) the development must not be higher than 1.8m above the highest point of the roof of the building, and (d) if the development is constructed or installed on a heritage item or draft heritage item— the development must only be attached to the rear wall and roof plane of the existing building and must not be higher than the highest point of the roof of the building, and (3) if the development is located at ground level (existing), the development: (a) must not have a diameter of more than 1.8m, and (b) must not be higher than 1.8m above ground level (existing), and (c) must be located at least 900mm from each lot boundary, and (d) must be located at the rear of the lot if it is not on land within Zone RU1, RU2, RU3, RU4, RU6 or R5, and (e) must resist loads in accordance with AS/NZS 1170.0:2002 Structural design actions, Part 0: General Principles and AS/NZS 1170.2:2011 Structural design actions, Part 2: Wind actions, and (f) must be anchored by a concrete slab or footing designed in accordance with AS 3600— 2009 Concrete structures, and (4) if the development is a mast or attached to a mast, the mast: (a) must not have a diameter of more than 100mm, if a solid mast or 500mm if constructed as an open lattice frame, and (b) must not be higher than 10m above ground level (existing) inclusive of the mast and any attachments, and (c) must be located at least 5m from each lot boundary, if the mast is over 5m in height, and 2m from each lot boundary, if the mast is 5m or less in height, and (d) must not be constructed or installed on or in a heritage item or draft heritage item, and
Page 46 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) (e) must be located at the rear of the lot if it is not on land within Zone RU1, RU2, RU3, RU4, RU6 or R5, and (f) must resist loads in accordance with AS/NZS 1170.0:2002 Structural design actions, Part 0: General Principles and AS/NZS 1170.2:2011 Structural design actions, Part 2: Wind actions, and (g) must be anchored by a concrete slab or footing designed in accordance with AS 3600— 2009 Concrete structures, and (5) there must be: (a) no more than 3 developments per lot, and (b) not more than 1 mast or antenna located at ground level (existing) on the lot. Note. There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths.
Animal shelters
(1) The development, when it is not a stable for the keeping of horses, must: (a) be associated with a residential use, and (b) not have a floor area of more than 10m2, and (c) be not higher than 1.8m above ground level (existing), and (d) be located at least 450mm from each side and rear boundary, and (e) if roofed—be constructed or installed so that roofwater is disposed of into an existing stormwater drainage system, and (f) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials and have an impervious floor, and (g) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (h) if it is constructed or installed on or in a heritage item or a draft heritage item, or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard. (2) There must not be more than 2 developments per lot for development referred to in subclause (1). (3) The development, when it is a stable for the keeping of horses, must: (a) be associated with a residential use, and (b) not have a floor area of more than 50m2, and (c) be not higher than 3m above ground level (existing), and (d) be located at least 20m from any road boundary and 5m from every other lot boundary, and (e) be located at least 30m from any dwelling on an adjoining lot, and
Page 47 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) (f) if roofed—be constructed or installed so that roof water is disposed of on site, without causing a nuisance to adjoining owners, and (g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (h) have an impervious floor, and (i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material. (4) There must not be more than 1 development per lot for development referred to in subclause (3).
Aviaries
(1) The development must: (a) be for residential uses only, and (b) not have a floor area of more than 30m2, and (c) be not higher than 3m above ground level (existing), and (d) be located at least 20m from the road boundary and 5m from each other lot boundary, and (e) have an impervious floor, and (f) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and (g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (h) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material. (2) There must not be more than 2 developments per lot.
Balconies, decks, patios, pergolas, terraces and verandahs
The construction or installation of a balcony, deck, patio, pergola, terrace or verandah (whether free standing or attached to the ground floor level of a building, or roofed or unroofed). The development must: (a) not be constructed or installed on or in a heritage item
(b) have an area of not more than 25m2, and (c) not cause the total floor area of all such structures on the lot to be more than: (i) for a lot larger than 300m2—15% of the ground floor area of the dwelling on the lot, or (ii) for a lot 300m2 or less—25m2, and
Page 48 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) (d) not have an enclosing wall higher than 1.4m, and (e) be located behind the building line of any road frontage, and (f) be located at a distance from each lot boundary of at least 5m, and (g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (h) have a floor height not more than 1m above ground level (existing), and (i) if it is a roofed structure attached to a dwelling—not extend above the roof gutter line of the dwelling, and (j) be no higher than 3m at its highest point above ground level (existing), and (k) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and (l) be constructed or installed so that any roofwater is disposed of into an existing stormwater drainage system, and (m) not interfere with the functioning of existing drainage fixtures or flow paths, and (n) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material. (o) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage.
Barbecues and other outdoor cooking structures
The development must: (a) not have an area of more than 4m2, and (b) be not higher than 1.8m above ground level (existing), and (d) be located at least 450mm from each lot boundary, and (e) not be used for commercial purposes.
Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses
The construction or installation of a cabana, cubby house, fernery, garden shed, gazebo or greenhouse is development specified for this code if it is. (1) The development must: (a) not be constructed or installed on or in a heritage item or a draft heritage item, or in an environmentally sensitive area, and (b) not have a floor area of more than 50m2, and (c) be not higher than 3m above ground level (existing), and (d) be located at a distance from each lot boundary of at least 5m, and (e) not be a shipping container, and
Page 49 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) (f) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and (g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and (h) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (i) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and (j) if it is located adjacent to another building—be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building, and (k) be a Class 10 building and not be habitable, and (l) be located at least 1m from any registered easement. (2) There must not be more than 2 developments per lot.
Carports
(1) The development must: (a) not be constructed or installed on or in a heritage item or a draft heritage item, and (b) not result in a building classified under the Building Code of Australia as class 7a, and
(c) not have a floor area more than 50m2, and (d) be not higher than 3m above ground level (existing) or, if attached to an existing single storey dwelling, be not higher than the roof gutter line, and (e) be located at least 1m behind the building line of any road frontage, and (f) be located at a distance from each lot boundary of at least 5m, and (g) have 2 or more sides open and not less than one-third of its perimeter open, and (h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (i) not involve the construction of a new driveway or gutter crossing unless the consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993, and (j) be constructed or installed so that any roofwater is disposed of into the existing stormwater drainage system, and (k) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
Page 50 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) (l) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (m) be located so that it does not reduce vehicular access to, or parking or loading or unloading on, or from, the lot. (2) There must not be more than 1 development: (a) per lot if there is a dwelling on the lot, or (b) per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case.
Farm buildings (stockyards)
The construction or installation of a farm building that is a stockyard used for the purpose of an agricultural activity.
The development must: (a) not be constructed or installed on or in a heritage item or a draft heritage item or in an environmentally sensitive area, and (b) not have an area of more than 0.5ha, or (c) be located at least 20m from the primary road frontage of the lot and at least 10m from the other lot boundaries, and (d) not be constructed or installed within 50m of a dwelling on an adjoining property, and (e) be located at least 50m from a waterbody (natural).
Fowl and poultry houses
(1) The development must: (a) not be constructed or installed on or in a heritage item or a draft heritage item, and (b) be not higher than 3m above ground level (existing), and (b) not have a floor area of more than 15m2, and (c) be located in the rear yard, and (d) not house more than 10 fowl or poultry, and (e) be located at least 3m from each lot boundary, and (f) if it houses fowls (including guinea fowls) only—be located at least 4.5m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and (g) if it houses other types of poultry—be located at least 30m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and (h) be enclosed to prevent the escape of poultry, and (i) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and
Page 51 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) (j) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and (k) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (2) There must not be more than 1 development per lot.
Rainwater tanks (below ground)
(1) The development must: (a) not be constructed or installed on land that is identified on an Acid Sulfate Map as being Class 1–5, and (b) not be constructed or installed on land that is identified as an environmentally sensitive area, and (c) be fitted with a first-flush device that causes initial run-off rainwater to bypass the tank, and (d) have a sign affixed to it stating the water in it is rainwater, and (e) be constructed or installed to prevent mosquitoes breeding in it, and (f) have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and (g) if it is constructed or installed on or in a heritage item or a draft heritage item—be located in the rear yard. (2) Pumps attached to the development must be housed in an enclosure that is soundproofed.
Shade structures of canvas, fabric, mesh or the like
The development must: (a) not have an area more than (i) if for residential uses—20m2, or (ii) if it is constructed or installed for the purposes of any other use—30m2, and (b) not cause the total area of all such structures on the lot to be more than 15% of the ground floor area of all buildings on the lot, and (c) not be higher than 3m from ground level (existing), and (d) be located at a distance from each lot boundary of at least 5m, and (e) be located behind the building line of any road frontage, and (f) to the extent it is comprised of metal components—be constructed of low reflective, factory pre- coloured materials, and (g) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and (h) not interfere with the functioning of existing drainage fixtures or flow paths, and
Page 52 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) (i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (k) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
Tennis courts
(1) The development must: (a) not be constructed or installed on or in a heritage item, a draft heritage item, a heritage conservation area or a draft heritage conservation area or in an environmentally sensitive area (b) be for residential uses only and associated with a dwelling, and (b) be located behind the building line of any road frontage, and (c) not have lighting, and (d) not require cut or fill more than 600mm below or above ground level (existing), and (e) have a setback from a side or rear boundary of at least 5m. (2) There must not be more than 1 development per lot.
2. Complying development in E4 Environmental Living Clause 3.1 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 lists the land use zones that the Rural Housing Code (the erection of one and two storey dwellings and ancillary development such as swimming pools and outbuildings in rural areas) applies to. The land use zones in the Palerang local government area that the Rural Housing Code applies to are RU1 Primary Production and R5 Large Lot Residential. However, it should be noted that clause 3A.2(2) states that a dwelling cannot be erected under the Rural Housing Code if the lot is less than the minimum lot size for the erection of a dwelling under the Palerang LEP 2014. It is considered that the Rural Housing Code provisions are suitable for the land use zone E4 Environmental Living as Palerang Council has used the E4 Environmental Living zone in the Palerang PLEP 2014 for land that has traditionally been referred to as ‘rural residential’ due to the absence of a standard instrument land use zone that is directly equivalent to the repealed Yarrowlumla LEP 2002 1(d) Rural Residential zone and the repealed Tallaganda LEP 1991 1(c) Rural Small Holdings zone. It is recommended that the erection of new single and two storey dwellings within building envelopes be complying development. If the lot does not have a building envelope a development application will be necessary. This will assist in managing lots that may contain areas of native vegetation, Aboriginal cultural heritage and areas that should be avoided such as watercourses. It is proposed to insert the following provisions in schedule 3 of the PLEP 2014:
Page 53 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued)
New single storey and two storey dwelling houses
(1) The erection of a new single storey or two storey dwelling house is development specified for this code if the development is erected on a lot in Zone E4 wholly within a building envelope created under section 88B of the Conveyancing Act 1919. (2) This clause does not apply if the size of the lot is less than the minimum lot size for the erection of a dwelling house under the environmental planning instrument applying to the lot except if the lot is a lot resulting from a subdivision for which development consent (or equivalent) was granted before the Palerang Local Environmental Plan 2014 commenced and on which the erection of a dwelling house would have been permissible if the plan of subdivision had been registered before that commencement or if the lot is a lot created as a result of clause 4.1A of the Palerang Local Environmental Plan 2014 and on which the erection of a dwelling is permissible.
Alterations or additions to existing single storey and two storey dwelling houses
(1) Alterations or additions to an existing single storey or two storey dwelling house or the addition of a second storey to an existing single storey dwelling house is development specified for this code if the development is erected on a lot in Zone E4. (2) Subclause (1) does not include development specified in the Housing Alterations Code.
Ancillary development
(1) The erection of new ancillary development, or alterations or additions to existing ancillary development, is development specified for this code if the development is ancillary to a dwelling house and erected on a lot in Zone E4. (2) Subclause (1) does not include development specified in the Housing Alterations Code.
Maximum heights of dwelling houses and outbuildings
(1) The height of a dwelling house or the alterations and additions to an existing dwelling house on a lot in Zone E4 that has an area of at least 4,000m2 must not be more than 10m above ground level (existing): (2) The height of an outbuilding, or of the alterations and additions to an existing outbuilding, must not be more than: (a) if the outbuilding is located on a lot in Zone E4 that has an area of at least 4,000m2 and the outbuilding is not a farm building or shed—4.8m above ground level (existing), or (c) if the outbuilding is a farm building or shed—7m above ground level (existing). (3) The highest point of a dwelling house or the alterations and additions to an existing dwelling house referred to in subclause (2) must be at least 5m below the highest ridgeline of any hill within 100m of the dwelling or alteration Page 54 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued)
3. Exempt development in RU5 Village The aim of the amendment is to have the same effect as would be achieved by amending the Exempt and Complying SEPP to include RU5 Village zone in clause 2.33 of the SEPP. In the SEPP the RU5 Village land use zone is considered a rural land use zone and consequently the rural fencing clauses 2.35 and 2.36 apply. However, it is suggested that clauses 2.33 and 2.34 are more appropriate for the RU5 Village land use zone. For example clause 2.36(1)(c) only allows post and wire or post and rail fences as exempt development whereas the clauses relating to residential land use zones provides opportunity for the use of fencing materials that are common in residential areas.
It is proposed to insert in schedule 3 of the PLEP 2014 clauses similar to the residential fencing clauses of the Exempt and Complying SEPP
Fences (RU5 Village zone) Specified development
The construction or installation of a fence on land within Zone RU5, is development specified for this code if it is not constructed or installed: (a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or (b) along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or (c) on a flood control lot, or (d) on land that is identified as being in a foreshore area. Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
Development standards
(1) The standards specified for that development are that the development must: (a) not be higher than 1.8m above ground level (existing), and (b) not be of masonry construction to a height that is more than 1.2m above ground level (existing), and (c) if it includes an entrance gate—not have a gate that opens outwards, and (d) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and
Page 55 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 1 - Report and Planning Proposal - 10 March 2015 (Continued) (e) if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and (f) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and (g) not be an electrical fence or use barbed wire. (2) Despite subclause (1), any fence located along the boundary of, or within the setback area to, a primary or secondary road must: (a) not be more than 1.2m above ground level (existing), and (b) be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm. (3) If a lot has a frontage to a secondary road or roads, subclause (2) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary. (4) Subclause (2) (b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road. (5) Despite subclauses (1) and (2), if the fence is erected on a sloping site and stepped to accommodate the fall in the land: (a) a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and (b) a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step.
4. Complying development in RU1 Primary Production Clause 3A.2(2) of the State Environmental Planning Policy (Exempt and Complying Development Codes) only allows the erection of new single and two storey dwellings on lots that meet the minimum lot size of the Palerang LEP 2014. The ability to erect a dwelling on a lot zoned RU1 Primary Production may occur through either the lot meeting the meeting the minimum lot size requirements, the lot having been created by subdivision for residential purposes (either through the use of an ‘averaging’ or the former ‘concessional’ lot subdivision provision) or by being a local environmental plan ‘holding’. Where lots with an ability to erect a dwelling exist because of the last two provisions they will commonly be smaller (for example 8 hectares) than the minimum lot size required to erect a dwelling. It is suggested that complying development be permissible on lots that have been created by subdivision where they have a building envelope. However, it is considered inappropriate to allow complying development on lots that have the ability erect a dwelling on them through a local environmental plan ‘holding’ as it can be difficult to determine if a ‘holding’ exists and generally Council assistance is required. As outlined above in relation to building envelopes and the E4 land use zone, the erection of a dwelling within a building envelope will minimise undesirable impacts on natural resources and Aboriginal cultural heritage.
Page 56 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.3 PLANNING PROPOSAL - EXEMPT AND COMPLYING DEVELOPMENT IN THE LANDUSE ZONES E4 ENVIRONMENTAL LIVING, RU5 VILLAGE AND RU1 PRIMARY PRODUCTION
ATTACHMENT 2 GATEWAY DETERMINATION - 4 MAY 2015
Page 57 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 2 - Gateway Determination - 4 May 2015 (Continued)
Page 58 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 2 - Gateway Determination - 4 May 2015 (Continued)
Page 59 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 2 - Gateway Determination - 4 May 2015 (Continued)
Page 60 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.3 PLANNING PROPOSAL - EXEMPT AND COMPLYING DEVELOPMENT IN THE LANDUSE ZONES E4 ENVIRONMENTAL LIVING, RU5 VILLAGE AND RU1 PRIMARY PRODUCTION
ATTACHMENT 3 LETTER TO DEPARTMENT OF PLANNING AND ENVIRONMENT - 9 SEPTEMBER 2015
Page 61 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 3 - Letter to Department of Planning and Environment - 9 September 2015 (Continued)
Page 62 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 3 - Letter to Department of Planning and Environment - 9 September 2015 (Continued)
Page 63 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 3 - Letter to Department of Planning and Environment - 9 September 2015 (Continued)
Page 64 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 3 - Letter to Department of Planning and Environment - 9 September 2015 (Continued)
Page 65 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 3 - Letter to Department of Planning and Environment - 9 September 2015 (Continued)
Page 66 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 3 - Letter to Department of Planning and Environment - 9 September 2015 (Continued)
Page 67 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.3 PLANNING PROPOSAL - EXEMPT AND COMPLYING DEVELOPMENT IN THE LANDUSE ZONES E4 ENVIRONMENTAL LIVING, RU5 VILLAGE AND RU1 PRIMARY PRODUCTION
ATTACHMENT 4 GATEWAY DETERMINATION - EXTENSION - 7 MARCH 2016
Page 68 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 4 - Gateway Determination - Extension - 7 March 2016 (Continued)
Page 69 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 4 - Gateway Determination - Extension - 7 March 2016 (Continued)
Page 70 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.3 PLANNING PROPOSAL - EXEMPT AND COMPLYING DEVELOPMENT IN THE LANDUSE ZONES E4 ENVIRONMENTAL LIVING, RU5 VILLAGE AND RU1 PRIMARY PRODUCTION
ATTACHMENT 5 GATEWAY DETERMINATION - EXTENSION - 1 MAY 2017
Page 71 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 5 - Gateway Determination - Extension - 1 May 2017 (Continued)
Page 72 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 5 - Gateway Determination - Extension - 1 May 2017 (Continued)
Page 73 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 5 - Gateway Determination - Extension - 1 May 2017 (Continued)
Page 74 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.3 Planning Proposal - Exempt and Complying Development in the Landuse Zones E4 Environmental Living, RU5 Village and RU1 Primary Production Attachment 5 - Gateway Determination - Extension - 1 May 2017 (Continued)
Page 75 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.4 DRAFT VOLUNTARY PLANNING AGREEMENT - 18 MECCA LANE, BUNGENDORE
ATTACHMENT 1 EXCERPT FROM COUNCIL REPORT - VOLUNTARY PLANNING AGREEMENT - 18 MECCA LANE - 26 MARCH 2016
Page 76 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 1 - Excerpt from Council Report - Voluntary Planning Agreement - 18 Mecca Lane - 26 March 2016 (Continued)
Page 77 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 1 - Excerpt from Council Report - Voluntary Planning Agreement - 18 Mecca Lane - 26 March 2016 (Continued)
Page 78 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 1 - Excerpt from Council Report - Voluntary Planning Agreement - 18 Mecca Lane - 26 March 2016 (Continued)
Page 79 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 5.4 DRAFT VOLUNTARY PLANNING AGREEMENT - 18 MECCA LANE, BUNGENDORE
ATTACHMENT 2 DRAFT VOLUNTARY PLANNING AGREEMENT - 18 MECCA LANE, BUNGENDORE - 12 APRIL 2019
Page 80 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 81 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 82 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 83 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 84 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 85 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 86 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 87 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 88 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 89 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 90 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 91 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 92 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 93 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 94 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 95 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 96 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 97 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 98 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 99 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 5.4 Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore Attachment 2 - Draft Voluntary Planning Agreement - 18 Mecca Lane, Bungendore - 12 April 2019 (Continued)
Page 100 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 6.1 ALGA ELECTION ADVOCACY
ATTACHMENT 1 ALGA - RESOLUTION TO SUPPORT CAMPAIGN
Page 101 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 6.1 ALGA Election Advocacy Attachment 1 - ALGA - Resolution to Support Campaign (Continued)
Council Resolution
That the Council:
1. Acknowledges the importance of federal funding through the Financial Assistance Grants program for the continued delivery of council services and infrastructure; 2. Expresses its concern about the decline in the value of Financial Assistance Grants funding at the national level from an amount equal to around 1% of Commonwealth Taxation Revenue in 1996 to a current figure of around 0.55%.; and 3. Calls on all political parties contesting the 2019 Federal Election and their local candidates to support the Australian Local Government Association’s call to restore the national value of Financial Assistance Grants funding to an amount equal to at least 1 % of Commonwealth Taxation revenue and therefore to provide a Fairer Share of Federal funding for our local communities.
Rationale
FAGs are a vital part of the revenue base of all councils, and this year councils will receive $2.4 billion from the Australian Government under this important program.
The value of the FAGs has been declining for more than 20 years. In 1996 the level of funding for the FAGs was equal to around 1% of Commonwealth Taxation Revenue but this has steadily fallen since 1996 under successive Federal Governments until it has reached a level now less than 0.55% of Commonwealth Taxation revenue. This decline was exacerbated by a three-year freeze on the indexation of FAGs from 2014-15 to 2016-17 which has cost local government an estimated $925m in foregone FAGs funding.
FAGs are essential for many councils, particularly those in regional and remote areas of Australia which have very limited access to alternative revenue sources such as rates. These councils are dependent on the FAGs for the provision of infrastructure and services for their communities.
At the national level there has been an increasing level of demand from the community for local services and a growing expectation for a higher standard of services. This comes at the same time as cost shifting by state and territory governments onto local government continues to be a problem and state ad territory governments in several states impose revenue restrictions on councils through rate capping.
The Australian Local Government Association has made the restoration of the FAGs and the provision of a Fairer Share for local communities a key election initiative and ALGA and the state and territory local government associations are seeking the support of Council for the campaign and asking Council to engage directly with local candidates in the Federal Election to seek their support for a Fairer share of Federal funding for our community.
Page 102 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 8 MAY 2019
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
8 MAY 2019
ITEM 6.1 ALGA ELECTION ADVOCACY
ATTACHMENT 2 ALGA 12 KEY FEDERAL ELECTION INITIATIVES
Page 103 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 6.1 ALGA Election Advocacy Attachment 2 - ALGA 12 Key Federal Election Initiatives (Continued)
Page 104 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson 6.1 ALGA Election Advocacy Attachment 2 - ALGA 12 Key Federal Election Initiatives (Continued)
Page 105 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 8 May 2019. Cr Tim Overall – Mayor, Chairperson