192/2014/Da/B - Modification of Consent - Taree Motorcycle Club - Pampoolah
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PLANNING & NATURAL SYSTEMS ATTACHMENT A 192/2014/DA/B - MODIFICATION OF CONSENT - TAREE MOTORCYCLE CLUB - PAMPOOLAH DCU MEETING 16 NOVEMBER 2017 Barry Evans & Associates BUILDING DESIGN AND DRAFTING A.B.N. 59 256 621 919 Suite 2A Bridgepoint Building Phone: (02) 6555 3789 1–5 Manning Street, Tuncurry Mobile: 0412 827 868 P.O. Box 50, Tuncurry N.S.W. 2428 Fax: (02) 6555 3791 Email: [email protected] Modification of Development Consent Application RECREATION FACILITY (MAJOR) Image Courtesy of Taree Motorcycle Club TAREE MOTORCYCLE CLUB COMPLEX Lot 8 DP: 229417 No. 328 Old Bar Road, Pampoolah New South Wales © This document is copyright. This Modification of Development Consent Application has been prepared for the Taree Motorcycle Club Complex on Lot 8 at No. 328 Old Bar Road, Pampoolah. No part of this document may be reproduced or modified without the written permission of Barry Evans and Associates. ________________________ ________________________ Barry Evans Lee Stewart Barry Evans and Associates Barry Evans and Associates ________________________ ________________________ Date Date Table of Contents Image of Locality (from MidCoast Council website - Manning Region Online Mapping Application) 1. Modification of Development Consent Application & DA No. 192/2014 ………………………………………………………… pages 1 - 4 1.1 Modification – Condition of Consent No. 3 1 - 3 1.2 Recreation Facility (Major) 3 1.3 Certainty or Flexibility 4 2. Support of Modification Application ……………………………………………………………………………………………………………………......……… pages 5 - 20 2.1 Omission of Coaching and Practice Days 5 2.2 Coaching and Practice 6 - 8 2.3 Previous Use of Track 9 2.4 Activities at the TMC Complex – 2009 to 2015 10 - 11 2.5 Previous Approvals 11 2.6 Council’s Imposition of Conditions of Development Consent 12 2.6.i Submissions 13 2.6.ii Likely Impacts of the Development 14 - 15 2.6.iii Conditions of Consent No. 1 – No. 25 16 2.7 Previous Fulfillment of Applied-for Events 17 - 20 3. Consideration of Potential Environmental Impacts on the Natural and Built Environment …………… pages 21 - 37 3.1 Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 & Protection of the Environment Operations Act 1997 21 3.2 Environment 21 3.3 Environmental Impact Statements and Statements of Environmental Effects 21 - 23 3.4 Modification of Development Consent – Description of the Expected Impacts 24 3.5 Potential Impacts (Introduction) 24 3.6 Land Zoning 25 - 26 3.7 Existing Use 26 3.8 Council’s Consideration of Matters in Determining DA 27 - 28 3.9 Condition of Consent No. 25 29 3.10 Motorcycle Complex – Track and Associated Facilities 30 3.10.i Noise 31 3.10.ii Light Spill 32 3.10.iii Traffic and Parking 33 3.10.iv Medical 33 3.10.v Waste Water 34 3.10.vi Waste Products 34 3.10.vii Stormwater (and oil) 34 3.10.viii Contamination 34 3.10.ix Dust 34 3.10.x Smell / Fumes / Smoke 35 3.10.xi Vibration 35 3.10.xii Fencing 35 3.10.xiii Signage 35 3.10.xiv Attendance 35 3.10.xv Privacy 35 3.10.xvi Security 35 3.10.xvii Bushfire 35 3.10.xviii Scheduled Events 35 3.10.xix Images 36 3.11 Locality – An Operating Motorcycle Complex and Nearby Residential Land Use 37 Table of Contents 4. Conclusion …………………………………………………………………………………………………………………………………………………………………………………..… pages 38 - 50 4.1 Concluding Summary 38 4.2 Past, Present and Future Use of Track 4.2.i General 39 4.2.ii Troy Bayliss Classic 40 - 41 4.2.iii $70 000.00 Funding in 2013 42 4.2.iv $100 000.00 Funding in 2015 43 4.2.v MCNEWS and TBC in 2016 44 4.2.vi Images 45 - 46 4.2.vii Planning for 2017 47 4.3 Concluding Comment 48 – 50 Image Barry Evans Modification of Development Consent Lot 8 No. 328 Old Bar Road, Pampoolah & Associates __________________________________________________________________________________________ © This document is copyright. Taree Motorcycle Club 1. Modification of Development Consent Application and Development Application No. 192/2014 1.1 Modification - Condition of Consent No. 3 The Taree Motorcycle Club (TMC) complex has been classified by Greater Taree City Council (GTCC) as a recreation facility (major). This modification application seeks to modify the consent by deletion of Condition No. 3 relating to the tabled events approved to be held on site. Prior to consent being granted for the ‘facility upgrade’, the use of the TMC track and grounds had been without restriction since its existence on the Old Bar Road site in 1961. The reason for the proposed deletion is to allow TMC to operate in a manner comparable to which it had in the past and to afford the Club the opportunity to develop and advance successfully into the future. Condition No. 3 allows sixteen (16) events to be held in a year. The fact is that even prior to the lodgement of the subject development application (DA) in 2013, the number of permits applied for by TMC and approved by Motorcycling NSW for motorcycle riding activities at the track was in excess of the number of motorcycle riding activities that Condition No. 3 allows. DA No. 192/2014 for a proposed ‘facility upgrade’ (canteen, amenities, viewing platform and race control tower and use of second driveway and parking area) on site was approved by GTCC subject to twenty-five (25) conditions on 25 September 2014. We make the modification application under S96(1) of the EPA Act 1979 as per: Section 96 Modification of consents—generally (1) Modifications involving minor error, misdescription or miscalculation A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify a development consent granted by it to correct a minor error, misdescription or miscalculation. Subsections (1A), (2), (3), (5) and (6), section 96AB and Division 8 do not apply to such a modification. Condition of Consent No. 3 prescribes the type of events, the frequency of these events, gate opening times, racing times and the maximum number of persons (including competitors) attending these events as follows: Max. No. of MEETING HELD Gate Opening Times Racing Times Persons (including competitors) Club Meetings 1 per month 7.30am – 6.00pm 10.00am – 4.00pm 150 (First Sunday) Open Meetings 2-3 per year (Saturday or Sunday) Tri-Series 1 per year 7.30am – 6.00pm 10.00am – 4.00pm 350 Day Taree Twilight/Night Race 1 per year 7.30am – 11.00pm 12 noon – 10.00pm 3 000 Day/Night Troy Bayliss Classic 1 per year 6.30am – 11.00pm 10.00am – 9.00pm 6 000 Day/Night Championship Meetings 2-3 Day event 7.30am – 6.00pm 10.00am – 4.00pm 700 1 Barry Evans Modification of Development Consent Lot 8 No. 328 Old Bar Road, Pampoolah & Associates __________________________________________________________________________________________ © This document is copyright. Taree Motorcycle Club The condition relates only to racing events and is unreasonably restrictive to the use of, and attendance at, a recreation facility (major). It is apparent to the club that the events included in Condition No. 3 of the consent for a ‘facility upgrade’ do not accurately reflect the actual use of the track and as a consequence, the current approval permitting sixteen (16) events, did not allow for the requirements of the club at the time of submission or determination of the DA and does not allow for the present (or future) requirements of the club and its use as a recreation facility (major). The Briefing Note, prepared more recently by the Taree Office’s (then) Senior Leader Regulatory Services and Development Planner, to provide background information to the MidCoast Council’s Director of Planning and Natural Systems, included under Current Issues (at paragraph eight) with regard to DA 192/2014 that: “As part of the application the Club included in their SOEE details of how the track is operated on an annual basis. These details were reproduced in a condition of consent to provide certainty to the Club and neighbours in relation to the type and frequency of events.” TMC submitted a typed Activity Statement to accompany DA 192/2014 for a ‘facility upgrade’ and the statement was GTCC stamped 3 December 2013. The (minor) error or miscalculation originated with information contained in the TMC Activity Statement and the “reproduction” of that information in Condition of Consent No. 3. While, the Activity Statement detailed under, “Activities of the Taree Motor Cycle Club”, that “TMCC conducts race days, practice days, coaching days and occasionally media days to promote upcoming events”, under 1) Club days, no reference was made to coaching or practice days. Race days, including club meetings, open meetings (Tri-Series, Taree Twilight/Night Race and the Troy Bayliss Classic) and championship meetings are covered but no coaching and practice days are included in the consent. This is an error and the coaching and practice days, while named, should have been detailed in the Activity Statement to allow their inclusion in the consent. Both coaching and practice days have always taken place at the club and are essential for increasing the skill level of the riders for both racing and pleasure motorcycle riding. 2 Barry Evans Modification of Development Consent Lot 8 No. 328 Old Bar Road, Pampoolah & Associates __________________________________________________________________________________________ © This document is copyright. Taree Motorcycle Club We acknowledge Council’s explanation that the details of how the track was operated on an annual basis were reproduced in a condition of consent to provide certainty to the Club and neighbours in relation to the type and frequency of events. However, we submit that the validity of the Condition of Consent No.