Murray River Council Director Planning, Environment & Economic Development Report Ordinary Meeting of Council 8 August 2017

MURRAY RIVER COUNCIL DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT ORDINARY MEETING OF COUNCIL 8 AUGUST 2017

CLAUSE 1. DEVELOPMENTS APPROVED IN JULY 2017

AUTHOR: Simon Arkinstall, Director Planning, Environment & Economic Development TRIM REF:

Issues considered in writing this report: Community Strategic Plan, Delivery Program, Council Policy, Legislation, Resources (financial, community & staff), Environmental Issues, Risk Issues & Options – issues applicable have been reported on.

RECOMMENDATION

That the information be received and noted.

BACKGROUND INFORMATION

The following development applications have been approved under delegated authority for the period from 01 July 2017 to 31 July 2017.

Number Site Address Description of Development 48/14-1 14 Beet Lane, Barham Dwelling House – Alterations & Additions (Modified) 28/17 36 Niemur Street, Barham Storage shed 32/17 Lot 1 DP 756583 – Lower Thule Rural Workers Dwelling (Manufactured Road, Barham Home) 33/17 28 Thule Street, Barham Storage shed 35/17 9 Cobwell Street, Barham Storage shed 36/17 Lot 37 DP 756560 – Lockhart Farm shed Road, Goodnight 021/17 96 Old Barmah Road, Moama Community Building (Laundry Facility) 078/17 181 Yallakool Road, Caldwell Caldwell Community Market 195/17 91 Bett Street, Moama Boundary Realignment of two lots 233/17 2 Hudson Court, Moama Detached shed 243/17 23 Sugargums Drive, Moama Single storey dwelling with attached garage 250/17 142 Thoroughbred Estate Road, Detached garage Deniliquin

This is Page No. 1 of the Director Planning Environment & Economic Development Report submitted to the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 8 August 2017 at the Riverside Reception Centre, 15 Murray Street, Barham. 0183

Number Site Address Description of Development 251/17 7 Dolan Court, Mathoura Single storey dwelling with attached garage 256/17 10 Silver Gums Drive, Moama Decking under and around existing alfresco area 257/17 488 Moira Road, Moama Machinery shed 259/17 597 Old Deniliquin Road, Moama Inground fibreglass swimming pool with child-resistant barrier 260/17 39 Bottlebrush Drive, Moama Detached garage 261/17 312 Perricoota Road, Moama Construction of 57m front fence and 14m side fence 262/17 9 Clarke Court, Moama Single storey dwelling with attached garage 264/17 4 Lynn Court, Moama Inground fibreglass swimming pool with child-resistant barrier 266/17 35 Skye Avenue, Moama Detached shed 269/17 5/98 24 Lane, Moama Inground fibreglass swimming pool with child-resistant barrier 270/17 12 Mayflower Drive, Moama Single storey dwelling with attached garage 271/17 2 Martin Street, Moama Extension of existing shed 292/17 36 Cabernet Drive, Moama Inground fibreglass swimming pool with child-resistant barrier 074/16 Moama Bowling Club, 5-23 Blair Demolition of various existing (modified) Street, Moama infrastructure, construction of pavilion, shade sail, carpark, alterations to bowling green 209/17 Lot 23 Mayflower Drive, Moama Inground fibreglass swimming pool with (modified) child-resistant barrier 173/11 Lakeview Estate, Cabernet Drive, Subdivision of 162 residential lots including (modified) Moama civil works, earth works & native vegetation removal 204/17 8 Marsanne Drive, Moama Inground fibreglass swimming pool with (modified) child-resistant barrier 210/17 2 Hudson Court, Moama Single storey dwelling with attached garage (modified) 105/17 Lot 1 DP 121339 Caldwell Line Single storey dwelling with attached garage (modified) Road, Moama & machinery shed 200/16 24 Simms Street, Moama Three lot subdivision, construction of two (modified) additional dwellings (multi dwelling housing), construction of two garden sheds, demolition of existing sheds & part demolition of verandah on existing dwelling house

This is Page No. 2 of the Director Planning Environment & Economic Development Report submitted to the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 8 August 2017 at the Riverside Reception Centre, 15 Murray Street, Barham. 0184

MURRAY RIVER COUNCIL DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT ORDINARY MEETING OF COUNCIL 8 AUGUST 2017

CLAUSE 2. TRANSFER OF CONTRACT AGREEMENTS

AUTHOR: Simon Arkinstall, Director Planning, Environment & Economic Development TRIM REF:

RECOMMENDATION

That Council authorise the affixing of the Common Seal of Council and execute the Transfer of Contract Agreements for Contract 02/07 and 03/06 respectively.

BACKGROUND INFORMATION

At its meeting held 27 June 2017 Council considered a report where it was advised that Ellwaste Pty Ltd had sold their business to Veolia Environmental Pty Ltd. This was of relevance to Council as Ellwaste Pty Ltd manages two waste related Contracts on behalf of Council.

The report indicated that a Transfer of Contract Agreement was required to be developed for each Contract and be signed by all parties to formalise the current contract arrangements.

The Transfer of Contract Agreements were developed by Ellwaste Pty Ltd’s legal advisors - Dawes and Vary Riordan Pty Ltd - and same were referred to Kell Moore for review on behalf of Council.

These documents have been reviewed by Kell Moore and are now required to be executed by Council.

This is Page No. 3 of the Director Planning Environment & Economic Development Report submitted to the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 8 August 2017 at the Riverside Reception Centre, 15 Murray Street, Barham. 0185

MURRAY RIVER COUNCIL DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT ORDINARY MEETING OF COUNCIL 8 AUGUST 2017

CLAUSE 3. DEVELOPMENT APPLICATION: 10/17 (FORMER WAKOOL SHIRE COUNCIL) FOR: SELF CONTAINED RV CARAVAN PARK AT TOOLEYBUC SPORTING CLUB – LOT 4 DP 746252 – 141 LOCKHART ROAD, TOOLEYBUC

AUTHOR: Jeremy Swan, Hawes and Swan Planning – Town Planning Consultant TRIM REF:

RECOMMENDATION

1. That the Section 82 objection (subject to receiving concurrence from NSW Department of Planning & Environment) to contravene the requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 to allow the construction of a caravan park at Tooleybuc Sporting Club be supported by Council. 2. That Council forward the application to the NSW Department of Planning and Environment for concurrence, as required by section 82(3) of the Local Government Act 1993. 3. That subject to receiving concurrence that Development Application 10/17 be approved subject to the conditions contained within Schedule A and B.

BACKGROUND INFORMATION

Council consent is sought for a self-contained RV Park at the Tooleybuc Sporting Club.

The land to which this application relates is zoned RE2 – Private Recreation under Wakool Local Environmental Plan (LEP) 2013.

The proposed development was subject to formal neighbourhood notification in accordance to Wakool Shire Development Control Plan 2013.

The proposal has been assessed in accordance with the relevant planning provisions and is recommended for approval subject to a concurrence is obtained.

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Figure 1 – Aerial Photo of Subject Site

The Proposal The application seeks development approval for the establishment of a Caravan and RV Park (self-contained caravans and RV’s only) and associated works upon land at 141 Lockhart Road, Tooleybuc known as Lot 4 DP 746252.

The application is proposed by the Tooleybuc Club (the Club) who presently operate an integrated sporting facility from the land. The Club have operated from the land 1978.

The RV Park sites will be located to the rear and side of the site and away from the main entry to the Club and the area of the car park which is regularly used. The location of the sites enables the existing access arrangements to be retained. Furthermore, the existing amenities of the Club can be used for the benefit of the visitors.

The facility has been designed to accommodate 12 sites which can house Caravan’s/RV’s which are self-contained (include their own shower and toilet).

Manoeuvring of vehicles is available within the site through the generous setbacks provided by the existing buildings and the large area of car parking. The land benefits from 2 points of access which will enable customers to enter from Herbert Street and exit at the northern point being Murray Street.

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Figure 2- Photo of Club from Murray Street

Figure 3 – Existing Car Park

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Figure 4 – Proposed Site Plan

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Matters for Consideration Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i) The Environmental Planning Instruments that are specifically relevant to the proposed development are:  State Environmental Planning Policy No 21 – Caravan Parks  Wakool Local Environmental Plan 2013 (LEP)  Murray Regional Environmental Plan No 2 – Riverine Land

An assessment of the proposed DA against the State Environmental Planning Policy No 21 – Caravan Parks, Wakool LEP and Murray Regional Environmental Plan No 2 – Riverine Land is detailed below.

State Environmental Planning Policy (SEPP) No 21 – Caravan Parks The aims of the SEPP are as follows: to encourage: (a) the orderly and economic use and development of land used or intended to be used as a caravan park catering exclusively or predominantly for short-term residents (such as tourists) or for long-term residents, or catering for both, and (b) the proper management and development of land so used, for the purpose of promoting the social and economic welfare of the community, and (c) the provision of community facilities for land so used, and (d) the protection of the environment of, and in the vicinity of, land so used.

Comment: The proposed development self-contained Caravan and RV Park involves the orderly and economic use of the subject in that it promotes tourism in the area which promotes the social and economic welfare of the community. The site has existing community and recreational facilities that will operate in conjunction with the proposed park. The proposed development promotes further use of the land and will not adversely impact the environment.

Clause 10 of the SEPP outlines matters to be considered by Councils. The matters are as follows: A Council may grant a development consent required by this Policy only after it has considered the following: (a) whether, because of its location or character, the land concerned is particularly suitable for use as a caravan park for tourists or for long-term residence, (b) whether there is adequate provision for tourist accommodation in the locality of that land, and whether existing or potential tourist accommodation will be displaced by the use of sites for long-term residence, (c) whether there is adequate low-cost housing, or land available for low-cost housing, in that locality, (d) whether necessary community facilities and services are available within the caravan park to which the development application relates or in the locality (or both), and whether those facilities and services are reasonably accessible to the occupants of the caravan park, (e) any relevant guidelines issued by the Director, and

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(f) the provisions of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993.

Comment: The subject site is deemed suitable for the proposed caravan and RV park due to the location and character of the site particularly in relation to the Murray River, a prominent tourist destination in the area. The proposed development will not displace existing tourist accommodation as it will cater for specific type of tourist being self-contained caravan and RV users. The area has adequate land available for low cost housing. The proposed development will be undertaken at the existing Tooleybuc Sporting Club and will operate in association with the facilities on site.

The Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993 has been superseded by the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

The proposed development is required to address Clause 83 to 131 under Division 3 “Caravan parks and camping grounds” of the Regulations.

Clause 101(3) of the Regulations requires 1 water supply connection from every 4 camp sites which is to be located no more than 30m from a camp site. Clause 102(b) of the Regulations relates to the provision of alternative sewage disposal. Subdivision 6 of the Regulations requires the provision of laundry facilities.

The proposed development does not comply with Clause 101(3), Clause 102(b) and Subdivision 6 therefore the applicant has submitted a section 82 Objection under the Local Government Act 1993.

Section 82 Objection Section 82 of the Local Government Act 1993 states:

Section 82 Objections to application of regulations and local policies (1) An Applicant for an approval may lodge with the council an objection: (a) that the regulations or a local policy adopted under Part 3 by the council relating to the activity for which approval is sought do not make appropriate provision with respect to that activity, or (b) that compliance with any provision of those regulations or such a policy is unreasonable or unnecessary in the particular circumstances of the case.

Comment: The applicant seeks permission to vary the requirements of Clause 101, Clause 102 and Subdivision 6 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 in accordance with Section 82(1)(b) of the Local Government Act 1993. The applicant has lodged the application (DA 10/17) for a self-contained RV Park at the Tooleybuc Sporting Club. The Applicant has also submitted an Application under Section 82 and has provided evidence that compliance with Clause 101, Clause 102 and Subdivision 6 is unreasonable and unnecessary.

(2) The Applicant must specify the grounds of the objection. Comment: The Applicant has specified the grounds for the objection. Refer below for detailed discussion.

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(3) If the objection relates to the regulations and the council is satisfied that the objection is well founded, it may, with the concurrence of the Departmental Chief Executive, in determining the application, direct that: (a) such provisions of any regulation relating to that activity as are specified in the direction: (i) are not to apply, or (ii) are to apply with such modifications as are specified in the direction, in respect of the carrying out of that activity, or (b) such requirements as are specified in the direction are to apply to the carrying out of that activity, or give directions under both paragraphs (a) and (b).

Comment: The Applicant has provided the following arguments to support the objection to compliance with Clause 101, Clause 102 and Subdivision 6.

Clause 102(b) - As Council is aware modern RV’s have all facilities to be self-sufficient in particular toilet and associated holding tank. This enables them to stay in remote locations whilst retaining their liquid waste until a dump point is available. Further to this, the following is offered in relation to the disposal of waste:-  Based upon RV’s at the Club being expected to be short term only (generally 1-2 nights) the waste being accumulated within the reservoir of the RV will not be significant.  The Club is expecting to have a small number of RV’s on the site at any one time and the intensity of the use will be low.  Existing facilities of the Club will be utilised by the guests reducing the overall amount of waste being retained by the RV.

Finally, there is a dump point for RV’s opposite the Club at the recreation reserve which is responsible for the maintenance of. The Club refer RV’s at the site to the facilities at the recreation reserve. The value of dump points to the community are twofold; the environmental benefit reducing illegal disposal of waste and secondly the increase in tourism when RV’s seek out dump points. Dump points address health and environmental issues, allowing safe disposal of grey and black water. In addition, self-contained RV tourists seek out locations with dump points and therefore Tooleybuc directly benefit from the existing dump point at the recreation reserve. The existence of dump points brings tourism dollars with them. Dump points are an integral part of the infrastructure for the RV tourism industry. (Campervan and Motorhome Club of Australia).

Subdivision 6 - Subdivision 6 requires provision of laundry facilities such as washing machines, clothes lines, water supply and ironing facilities. The intent of the accommodation style is to attract RV’s which are self-contained and this is something which the Club have experience in. Therefore, provision of facilities which the RV’s presently have on board is not considered necessary. The Club have laundry facilities within their main building which are used by the Club. The facilities include washing machine, clothes dryer, washing tub, ironing board, hot and cold water along with a clothes line. The facilities will be made available to the RV community staying at the site. The facilities however do not meet the precise requirements of the regulations.

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Clause 101(3) - Similarly to the provision of an on-site dump point based upon the sustainable nature of the RV direct access to reticulated water is not necessary. Reticulated potable water will be provided to the facilities. It will however not be provided at the rate of 1 connection for every 4 sites. A single point of supply will be provided in a central location to all 12 sites. The self-contained RV’s on site will have the ability to fill their reservoirs upon arrival and departure. Based upon the transient nature and expected duration of stay for the RV, the response is considered to be appropriate and commensurate with the nature of the use.

Comment: It is considered that the objection is well founded and the current legislative framework does not provide flexibility to address industry innovation, as identified in the Discussion Paper “Improving the Regulation of Manufactured Home Estates & Camping Grounds” issued by the NSW Department of Planning & Environment.

All other requirements of Division 4 of Part 3 (Caravan parks, camping grounds and moveable dwellings) of Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 will be complied with as a part of DA 10/17. It is therefore considered appropriate to support the submitted objection.

Section 82(3) requires the approval of Council. If Council supports this objection then the application must be forwarded to the NSW Department of Planning & Environment for concurrence.

Wakool Local Environmental Plan 2013 Permissibility The site is zoned RE2 Private Recreation under the provision of the LEP. The proposed Caravan and RV Park is permitted with consent in the applicable RE2 zone.

Zone RE2 Private Recreation Objectives of the zone:  To enable land to be used for private open space or recreational purposes.  To provide a range of recreational settings and activities and compatible land uses.  To protect and enhance the natural environment for recreational purposes.

The proposed caravan and RV park will be developed on existing recreational lands associated with the Tooleybuc Sporting Club. The proposed development will not require the construction of any buildings and promotes the natural environment and the recreational use of the land. The proposed development is therefore considered consistent with the zone objectives.

Part 5 Miscellaneous Provisions Clause 5.9 – Preservation of Trees or Vegetation Preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.

Comment: This Development Application does not propose the removal of any vegetation. Any future built form will not occur in that area and that vegetation will remain. The development therefore complies with the objectives of this clause.

This is Page No. 11 of the Director Planning Environment & Economic Development Report submitted to the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 8 August 2017 at the Riverside Reception Centre, 15 Murray Street, Barham. 0193

Part 6 Additional local provisions Clause 6.2 – Flood Liable Land The subject site is partially affected by flooding and presents low to moderate flooding risk as shown in the Tooleybuc Flood Study.

The subject development is considered consistent with this clause:- a) Will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

It is considered that in the event the land were to become inundated with water any such localised flooding would be of low flow in nature, if not still (limited to ponding only). Therefore, the proposal is considered highly unlikely to impede the flow of flood water on that land or adjoining land. b) Incorporates appropriate measures to manage risk to life from flood, and

When localised flood events occur, there is an extended period of warning (at least two (2) weeks notification) of the potential inundation of lands. This timeframe is considered adequate to alert those persons affected by the potential impacts from floodwaters and if needed, allow for safe evacuation of property.

Both access and egress to the property are considered satisfactory and would adequately support any emergency evacuation needed from the site. The proposed development does not propose any permanent habitable buildings and the caravans and RVs that will be on site will be moveable in the event of a flood. As such the proposal is considered unlikely to imperil the safety of persons on that land or adjoining land. c) Will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or reduction in the stability of river banks or watercourses, and

The proposed development is not considered to aggravate the consequences of floodwater flowing on that land or adjoining land and highly unlikely to cause any avoidable erosion. d) Is not likely to result in unstainable social and economic cost to the community as a consequence of flooding

The proposed development is considered extremely unlikely to create any unstainable social or economic cost to the community as a consequence of any localised inundation as it doesn’t not propose any built form.

Clause 6.4 – Riparian Land and Watercourses The proposed development is considered consistent with this clause in that:

(a) is likely to cause any adverse impact on the following: (i) the water quality and flows within a watercourse, (ii) aquatic and riparian species, habitats and ecosystems, (iii) the stability of the bed, shore and banks of a watercourse, (iv) the free passage of fish and other aquatic organisms within or along a watercourse, (v) any future rehabilitation of a watercourse and riparian areas,

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The proposed development is not considered to cause any adverse impact on the water quality, flows, habitats, ecosystems or stability of the bed, shore, bank of any watercourse. Any future built form development will need to have regard to this Clause.

(b) will increase water extraction from a watercourse.

The proposed development will not increase water extraction form the Murray River.

Murray Regional Environmental Plan No 2—Riverine Land This plan applies to the land shown on the map that is the riverine land of the River Murray within the City of Albury and the areas of Balranald, Berrigan, Conargo, Corowa, Deniliquin, Hume, Murray, Wakool, Wentworth and Windouran.

The objectives of this plan are as follows:  to ensure that appropriate consideration is given to development with the potential to adversely affect the riverine environment of the River Murray, and  to establish a consistent and co-ordinated approach to environmental planning and assessment along the River Murray, and  to conserve and promote the better management of the natural and cultural heritage values of the riverine environment of the River Murray.

It is considered that the development complies with the objectives of the Murray Regional Environmental Plan No 2 – Riverine Land in that the proposed caravan and RV park does not adversely impact on the heritage or cultural values of the Murray River.

In addition, the development is deemed compliant with both the general and specific principles of the REP. The development does not propose any physical works and any future built form on the proposed lots are deemed capable being carried out whilst ensuring bank disturbance is kept to a minimum and flood impacts, water quality and wetlands are not impacted.

THE PROVISION OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(ii). There is no draft Environmental Planning Instrument applicable to the proposed modifications.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Wakool Shire Development Control Plan 2013 The following is an assessment of the proposed DA compliance with the controls in the DCP.

Clause C.5 of the DCP relates Urban Area Character Statements, specifically C.5.6 relates to Tooleybuc. The proposed development has been assessed against this DCP and area character statement for Tooleybuc and is considered to be satisfactory based on the following:  The proposed development promotes a tourism area in a high amenity location in proximity to the river;  The proposed development will be undertaken on the site of the existing Tooleybuc Sporting Club and will utilise the associated facilities;

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 The proposed development will not adversely impact the environment;  The proposed development will enhance the tourist facilities provided in the region; and  The proposed development will have a positive social and economic impact on the community.

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv) The proposal does not contravene the relevant provisions of the regulations.

BUILDING CODE OF AUSTRALIA (BCA) A condition of consent has been included as part of the approval to ensure compliance with this Code.

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b) The proposed development is considered appropriate having regard to its environmental impacts on both the natural and built environments, and social and economic impacts in the locality, should the development become operational.

The specific impacts of the proposed development is addressed in the submissions section of this report

SUITABILITY OF THE SITE s79C(1)(c) The site is deemed suitable for the proposed development as it is consistent with the provisions and controls of the Wakool LEP and DCP.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d) The proposed development was subject to neighbourhood notification as it was deemed to be in the public interest. A formal notification was undertaken to all owners and occupiers of land that adjoins the site.

No submissions were received.

PUBLIC INTEREST s79C(1)(e) The public interest is served through the detailed assessment of this DA under the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, Environmental Planning Instruments, Development Control Plan and policies. Based on the above assessment, the proposed DA is consistent with the public interest.

Conclusion The applicant has adequately demonstrated that proposed development complies with the objectives and provisions of the Wakool Local Environment Plan (LEP) 2013. A Section 79C assessment of the proposal indicates that the development is acceptable in this instance.

The section 82(1)(b) objection to compliance with clause 101, 102 and Subdivision 6 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 is considered to be well founded. All other requirements of Division 4 of Part 3 (Caravan parks, camping grounds and moveable dwellings) of Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 will be complied with as a part of DA 10/17.

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SCHEDULE A

CONDITIONS OF CONSENT

DEVELOPMENT IN ACCORDANCE WITH PLANS

1. Development is to take place in accordance with the attached stamped plans (Ref No DA 10/17)) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made will be subject to an application to modify the development consent under S96 of the Environmental Planning and Assessment Act, 1979, as amended and subject to a separate fee.

Reason: To ensure the development proceeds in the manner assessed by Council.

CARAVAN PARK LANDUSE

2. The caravan park must be designed, constructed, maintained and operated in accordance with the provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 or any subsequent amending legislation, with the exception of: (a) Cl 102(b) in that a dump point is provided opposite the club at the recreation reserve. (b) Subdivision 6 in that laundry facilities will not be provided strictly in accordance with the provision. (c) Clause 101(3) in that a site must be connected to the water supply. Water will be provided at a rate of 1 per 4 sites.

Reason: To ensure statutory obligations are addressed.

ONGOING USE

3. The caravan park is to be only occupied by 12 self-contained caravans, which contain all facilities including bathroom facilities (including shower and toilet). No caravans or camping is allowed in addition to that specified in this consent without separate development consent from Council.

Reason: To identify the level of variation and to comply with the provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

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NOISE

4. The development must comply with the requirements for industrial premises contained in the Noise Policy.

Noise emitted by the development: a) Must not exceed an L A (15 min) of 5dB(A) above background noise when measured at any lot boundary of the property where the development is being carried out, and b) Must not cause the relevant amenity criteria in Table 2.1 in the Noise Policy to b exceeded.

Note: Noise Policy means the document entitled NSW Industrial Noise Policy (ISBN 0 7313 2715 2) published in January 2000 by the Environment Protection Authority.

Reason: To protect the amenity of the surrounding area.

SEPARATE SECTION 68 APPROVAL REQUIRED

5. A Section 68 Approval to operate pursuant to Section 68 of the Local Government Act 1993 is required. The approval under Section 68 of the Local Government Act 1993 is to be obtained prior to operating.

Reason: To ensure compliance with the Local Government Act 1993.

NOTICE OF WORK

6. The plumber and drainer carrying out the must lodge a “Notice of Work” with Council a minimum of two days prior to commencing work.

Reason: To comply with the Plumbing and Drainage Act 2011.

CERTIFICATE OF COMPLIANCE

7. On completion of all plumbing and drainage work a “Certificate of Compliance” and a works executed plan shall be lodged with Council by the licensed plumber and drainer responsible for the work.

Reason: To comply with the Plumbing and Drainage Act 2011.

PROVISION OF TEMPORARY FACILITIES

8. A temporary toilet is to be provided on the property while building work is in progress to comply with the requirements of the NSW WorkCover Authority.

Note: This must be on-site prior to the first inspection.

Reason: To provide temporary toilet facilities.

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OCCUPATION CERTIFICATE

9. The subject development will require an Occupation Certificate PRIOR to occupation. Of the Caravan Park. Documentary evidence is to be provided to Council demonstrating compliance with all conditions of consent including satisfying the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 with the exception of clause 102(b), 101(3) and Subdivision 6 as specified in condition 2 of this consent.

Reason: To ensure compliance with the Environmental Planning & Assessment Act 1979

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SCHEDULE B

Environmental Planning and Assessment Regulation 2000 Division 8A Prescribed conditions of development consent 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (cl clauses 78 and 78A of EP&A Regulation 1994) (1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to development consent for development that involves any building work: (a) that the work must be carried out in accordance with the requirements of the Building Code of Australia, (b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. (1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a development consent for a temporary structure that is used as an entertainment venue, that the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia. (2) This clause does not apply: (a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or (b) to the erection of a temporary building, other than a temporary structure to which subclause (1A) applies. (3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application is made for the relevant: (a) development consent, in the case of a temporary structure that is an entertainment venue, or (b) construction certificate, in every other case.

Note: There are no relevant provisions in the Building Code of Australia in respect of temporary structures that are not entertainment venues.

98A Erection of signs (1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work. (2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal certifying authority for the work, and (b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and (c) stating that unauthorised entry to the work site is prohibited. (3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

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(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building. (5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws. (6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.

Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

98B Notification of Home Building Act 1989 requirements (1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989. (2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: (a) in the case of work for which a principal contractor is required to be appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of that Act, (b) in the case of work to be done by an owner-builder: (i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit. (3) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information. (4) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

98C Conditions relating to entertainment venues For the purposes of section 80A (11) of the Act, the requirements set out in Schedule 3A are prescribed as conditions of development consent for the use of a building as an entertainment venue.

98D Condition relating to maximum capacity signage (1) For the purposes of section 80A (11) of the Act, the requirement set out in subclause (2) is prescribed as a condition of development consent (including an existing development consent) for the following uses of a building, if the development consent for the use contains a condition specifying the maximum number of persons permitted in the building:

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(a) entertainment venue, (b) function centre, (c) pub, (d) registered club, (e) restaurant. (2) From 26 January 2010, a sign must be displayed in a prominent position in the building stating the maximum number of persons, as specified in the development consent, that are permitted in the building. (3) Words and expressions used in this clause have the same meanings as they have in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

98E Condition relating to shoring and adequacy of adjoining property (1) For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense: (a) protect and support the adjoining premises from possible damage from the excavation, and (b) where necessary, underpin the adjoining premises to prevent any such damage. (2) The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

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MURRAY RIVER COUNCIL DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT ORDINARY MEETING OF COUNCIL 8 AUGUST 2017

CLAUSE 4. PRIVATE PLANNING PROPOSAL TO AMEND MURRAY LOCAL ENVIRONMENTAL PLAN 2011 – SCHEDULE 1 ADDITIONAL PERMITTED USE

AUTHOR: Chris O’Brien, Town Planner TRIM REF:

RECOMMENDATION

That the subject Planning Proposal be sent to NSW DPE for Gateway Determination.

BACKGROUND INFORMATION

PLANNING PROPOSAL: AMEND MURRAY LEP 2011 TO INSERT RESTAURANT AS AN ADDITIONAL PERMITTED USE WITHIN CERTAIN LAND ON MURRAY RIVER ZONED W2 RECREATION WATERWAYS ADDRESS: NSW CROWN WATERWAY (VICTORIAN SIDE OF THE MURRAY RIVER) AT THE CURRENT LOCATION OF COMMERCIAL LICENCE CL 6224 CROWN RESERVE: R56146 OPPOSITE: LOT 1 DP 903914, FORBES STREET, MOAMA NSW 2731 ADJACENT: ECHUCA WHARF, ECHUCA VIC 3564 OWNER: NSW DEPARTMENT OF INDUSTRY – LANDS (NSW CROWN LANDS) APPLICANT: PLANRIGHT SURVEYING

Introduction The process for preparing and amending a Local Environmental Plan (LEP) is stipulated in the Environmental Planning and Assessment Act 1979 and covered within the NSW Department of Planning and Environment (NSW DPE) document entitled: ‘A guide to preparing local environmental plans’, attached as Appendix 1.

The plan making process normally involves the following key components:-  The preparation of a Planning Proposal  The issuing of a Gateway determination  Community and other consultation on the Planning Proposal (as required)  Finalising the Planning Proposal  Drafting of the LEP (plan)

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 Making the plan  Notifying the LEP on the NSW Government Legislation website

A Planning Proposal is a document that explains the intended effect of the proposed LEP and provides the justification for making it. ‘A guide to preparing planning proposals’, attached as Appendix 2 provides detailed advice on the preparation of a Planning Proposal.

Submitted Planning Proposal The Applicant has supplied Council with a Planning Proposal pertaining to the subject land. The planning proposal seeks a Resolution of Council to send the planning proposal to NSW DPE for a ‘gateway determination’, in order to amend the Murray LEP 2011 via amending Schedule 1 of the Murray LEP 2011 to include ‘restaurant’ as a permitted land use on certain land within the Murray River zoned W2 Recreation Waterways. A copy of the submitted Planning Proposal is attached as Appendix 3 and Appendix 4.

Subject land The subject land is the main channel of the Murray River, located on the Victorian side of the NSW Crown Waterway. The site is the current location of commercial licence CL 6224 and is known as Crown Reserve R56146. The site is opposite Lot 1 DP 903914, Forbes Street, Moama NSW 2731, and is adjacent to the Echuca Wharf, Echuca VIC 3564.

The subject land is zoned W2 Recreational Waterways and is mapped as Murray REP2 Riverine Land, Flood Prone Land, Key Fish Habitat (Aquatic Biodiversity) and Wetlands.

The Murray River is classed as a Watercourse under the Murray LEP 2011.

The site directly adjoins land mapped as Bush Fire Prone Land and Terrestrial Biodiversity (Native Vegetation).

The subject land is not mapped as an Urban Release Area, RAMSAR Wetlands, Contaminated Land or Mining Resources.

The site is located within the State Heritage Listed Moama Historic Precinct and in close proximity to the State Heritage Listed Echuca Wharf.

The site is owned by the NSW Department of Industry – Lands (NSW Crown Lands).

The site contains an existing mooring and pontoon which is used to berth the paddle steamer ‘Hero’.

Road access to the subject land is via Echuca. See the below figures for more information.

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Figure 1 – Subject land (highlighted by black star)

Figure 2 – Aerial Photograph of subject land – Photo taken 7 November 2015

Figure 3 – Current zoning – W2 Recreational Waterways Zone indicated by aqua shading

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Figure 4 – Murray REP2 Riverine mapping

Figure 5 – Flood prone land mapping

Figure 6 – Bush fire prone land mapping

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Figure 7 – Terrestrial Biodiversity mapping (Native Vegetation)

Figure 8 – Key Fish Habitat mapping (Aquatic Biodiversity)

Figure 9 – Wetlands mapping

Figure 10 – Heritage mapping

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Assessment of Planning Proposal submitted to Murray River Council (Relevant Planning Authority)

PART 1 - OBJECTIVES OR INTENDED OUTCOMES Comment: This section of the planning proposal requires the Applicant to provide a short, concise statement setting out the objectives and intended outcomes of the Planning Proposal. The Applicant has advised that the intended outcome of the Planning Proposal is “to amend the Murray LEP 2011 to allow a floating restaurant to be established on the mooring associated with the Paddle steamer Hero in the Murray River at Echuca”. The Applicant is considered to have provided a suitable statement in response to this Part. See submitted Planning Proposal for further information.

PART 2 - EXPLANATION OF PROVISIONS Comment: This section of the planning proposal is required to demonstrate how the objectives or intended outcomes are proposed to be achieved. The Applicant has advised that the Planning Proposal is seeking to achieve the intended outcomes listed in Part 1 by introducing restaurant as an additional permitted use into Schedule 1 of the Murray LEP 2011 via Clause 2.5. The Applicant is considered to have provided a suitable statement in response to this Part. See submitted Planning Proposal for further information.

PART 3 – JUSTIFICATION

Section A – Need for the planning proposal

Q1. Is the planning proposal a result of any strategic study or report? Comment: The Applicant has advised that the planning proposal is not a result of any strategic study or report, but instead ‘is the result of a former regionally acclaimed dining venue intending to re-establish in a new location’. It is considered that the Applicant has satisfactory addressed Question 1.

Q2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? Comment: The Applicant has advised that the planning proposal is the best means of achieving the objectives or intended outcomes. It is considered that the Applicant has satisfactory addressed Question 2.

Section B – Relationship to strategic planning framework

Q3. Is the planning proposal consistent with the objectives and actions of the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)? Comment: The Riverina Murray Regional Plan was released by NSW DPE in April 2017 and is applicable. The applicant has advised that the Planning Proposal is consistent with the plan. See the submitted Planning Proposal for more information. Council staff have also complied the following more detailed assessment against the Plan.

Direction 1.1 – Grow the economic potential of the agribusiness sector

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Action 1.1.1 – Provide enabling planning controls to facilitate diversification and attract investment in the agribusiness sector Comment: The Planning Proposal is not inconsistent with this action. The Planning Proposal does not affect rural land and will have no adverse impact on flexible planning controls which have the potential to provide diversification and attract investment in the agribusiness sector.

Action 1.1.2 – Encourage value- add manufacturing opportunities across the region to increase regional economic diversification Comment: The Planning Proposal is not inconsistent with this action. The Planning Proposal does not pose an adverse impact to value-added manufacturing of agriculture opportunities, the export of regional agricultural commodities, the strategic positioning of future value-add enterprises, or manufacturing and intensive operations. The planning proposal will not inhibit the encouragement of value-add manufacturing opportunities to increase regional economic diversification in agriculture and agribusiness, and will not adversely affect the factors which enable future agricultural enterprise to harness innovation technologies or agricultural research.

Direction 2 – Manage productive agricultural lands in a sustainable way

Action 1.2.1- Identify and protect regionally important productive agricultural lands Comment: The Planning Proposal is not inconsistent with this action. The planning proposal will not adversely impact resource availability and will not adversely affect agricultural efficiency or pose fragmentation of productive rural lands. The planning proposal does not seek to rezone any rural land, and will not adversely affect the agricultural supply chain or State significant agricultural lands.

Action 1.2.2 – Establish a strategic planning framework that protects the productive values of agricultural land and manages land use conflict Comment: The Planning Proposal is not inconsistent with this action. The proposal will not inhibit the delivery of strategic plans and policies to protect rural land uses, natural resources, developing industries, or dependent industries and communities, and is not predicted to result in land use conflict.

Action 1.2.3 – Encourage the increased use of biosecurity measures to protect the regions agricultural assets Comment: The Planning Proposal is not inconsistent with this action. The Planning Proposal is not considered to present a biosecurity risk to the region or locality.

Direction 1.3 – Manage and use the regions natural resource sustainably

Action 1.3.1 – Support the sustainable use and conservation of water resources Comment: The Planning Proposal is not inconsistent with this action. The planning proposal is not considered to adversely impact water resources, water catchments, or watercourses. The applicant has stated that any subsequent development application will address compatibility with the riverine environment. The planning proposal will not generate significant pressure on urban water supply.

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Action 1.3.2 – Protect areas of mineral and energy, extractive and renewable energy potential Comment: The Planning Proposal is not inconsistent with this action, and will have no effect on the aim of the plan to protect the regions natural resource base and renewable energy infrastructure potential.

Action 1.3.3 – Avoid urban expansion and rural residential development on productive agricultural land identified mineral resource and energy resources Comment: The Planning Proposal is not inconsistent with this action. The Planning Proposal does not propose the rezoning of any RU1 Primary Production zoned land.

Action 1.3.4 – Implement the NSW Renewable Energy Plan to increase renewable energy generation Comment: The Planning Proposal is not considered inconsistent with this action. The planning proposal has no effect on the implementation of this plan.

Action 1.3.5 – Support the protection of native and plantation forests from encroachment Comment: The Planning Proposal is not inconsistent with this action. The planning proposal has no effect on the considerations discussed within this action.

Direction 2.1 – Enhance the regions freight networks through coordinated investment

Action 2.1.1 - Identify and prioritise pinch points in the freight network Comment: The Planning Proposal is not considered inconsistent with this action. The planning proposal has no effect on the considerations discussed within this action. The planning proposal is not considered to pose any impact to freight efficiency, future bypasses or bridge crossings (including the Moama Echuca Bridge Crossing upgrade).

Action 2.1.2 - Identify and protect intermodal freight terminals to facilitate growth in the freight and logistics sector Comment: The Planning Proposal is not inconsistent with this action. The planning proposal has no effect on the considerations discussed within this action.

Action 2.1.3 - Identify and prioritise opportunities to improve regionally significant local road connections Comment: The Planning Proposal is not inconsistent with this action. The planning proposal has no effect on the considerations discussed within this action.

Action 2.1.4 – Work with the Australian Government on the proposed Melbourne- Brisbane inland rail corridor Comment: The Planning Proposal is not inconsistent with this action, and has no effect on the considerations discussed within this action.

Direction 2.2 – Improve inter-regional transport services

Action 2.2.1 – Implement local planning controls that protect regional airports from the encroachment of incompatible land uses Comment: The Planning Proposal is not inconsistent with this action, and has no effect on the considerations discussed within this action.

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Action 2.2.2 – Identify and protect future rail corridors Comment: The Planning Proposal is not inconsistent with this action, and has no effect on the considerations discussed within this action.

Direction 2.3 – Coordinate infrastructure delivery to facilitate economic opportunities

Action 2.3.1 – Coordinate the delivery of infrastructure to support the future needs if residents, business and industry Comment: The Planning Proposal is not inconsistent with this action, and is not considered to pose an adverse impact with respect to supply of energy, waste services, water, or telecommunication within the region and locality.

Action 2.3.2 – Establish monitoring mechanisms to enable better demand forecasting to inform infrastructure coordination Comment: The Planning Proposal is not inconsistent with this action. The planning proposal has no effect on the considerations discussed within this action.

Direction 3.1 – Grow the regional cities of Albury, Wagga Wagga and Griffith

Action 3.1.1 – Develop a regional cities strategies for Albury, Wagga Wagga and Griffith Comment: The Planning Proposal is not inconsistent with this action and has no effect on the considerations discussed within this action.

Action 3.1.2 – Implement an industrial land monitoring program to maintain a supply of well-located and serviced industrial land Comment: The Planning Proposal is not inconsistent with this action and has no effect on the considerations discussed within this action.

Action 3.1.3 – Develop and deliver strategies that strengthen the commercial function of the CBDs and town centres Comment: The Planning Proposal is not inconsistent with this action and has no effect on the considerations discussed within this action.

Direction 3.2 – Enhance the liveability and economic prosperity of the region’s towns and villages

Action 3.2.1 – Deliver improved tools and partnerships to build community capacity in towns and villages to strengthen community resilience Comment: The Planning Proposal is not inconsistent with this action and will not adversely impact on community resilience or the alleviation of skill shortage, particularly in the agribusiness sector.

Action 3.2.2 – Support the continued identification and protection of the region’s heritage Comment: The Planning Proposal is not inconsistent with this action. The planning proposal will not impact the consideration of the heritage within the planning system, heritage protection, promotion, or management of heritage assets. The proposal is located within the State Heritage Listed Moama Historic Precinct and in close proximity to the State Heritage

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Listed Echuca Wharf. It is considered that proposal has the potential to enhance the use of the locality which allows the community to experience its heritage significance.

Action 3.2.3 – Deliver enabling planning controls to diversify regional tourism markets and increase tourism opportunities Comment: It is considered that the Planning Proposal is consistent with this action. The planning proposal will continue to promote tourism within Murray River Council and has the potential to continue to provide diversity to the tourism market, and is not inconsistent with the aims of the Murray Regional Tourism Board.

Action 3.2.4 – Deliver regionally specific urban design guidelines Comment: The Planning Proposal is not inconsistent with this action and will not impact the delivery of such guidelines.

Action 3.2.5 – Identify opportunities to provide improved and increased transport connections between the region’s town and villages to the regional cities Comment: The Planning Proposal is not inconsistent with this action.

Direction 3.3 – Enhance the economic self-determination of Aboriginal communities

Action 3.3.1 – Conduct a strategic assessment of land held by the region’s Local Aboriginal Land Councils to identify priority sites for further investigation of their economic opportunities Comment: The Planning Proposal is not inconsistent with this action. The planning proposal has no effect on the considerations discussed within this action.

Direction 3.4 – Provide a continuous supply of appropriate housing to suit the different lifestyles and needs of the region’s population

Action 3.4.1 – Deliver enabling planning controls that facilitate an increased range of housing options including infill housing close to existing jobs and services Comment: The Planning Proposal is not inconsistent with this action. The planning proposal has no effect on the implementation of considerations discussed within this action.

Action 3.4.2 - Facilitate a more diverse range of housing for seniors Comment: The Planning Proposal is not inconsistent with this action.

Action 3.4.3 Develop a framework to facilitate a range of accommodation options for itinerant workers Comment: The Planning Proposal is not inconsistent with this action and has little effect on the considerations discussed within this action.

Action 3.4.4 – Develop and implement principles for rural residential development Comment: The Planning Proposal is not inconsistent with this action and has little effect on the considerations discussed within this action.

Action 3.4.5 – Facilitate the delivery of more affordable housing options through improved planning policies Comment: The Planning Proposal is not inconsistent with this action and has little effect on the considerations discussed within this action.

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Direction 3.5 – Enhance connections and planning between cross-border communities to improve service quality and infrastructure delivery

Action 3.5.1 – Investigate opportunities to improve cross-border planning outcomes, including infrastructure and service delivery Comment: It is considered that the Planning Proposal is consistent with this action. The submitted planning proposal has the potential to further promote a cohesive cross border community, as the subject development has the potential to be utilised by citizens from both sides of the Murray River.

Action 3.5.2 – develop a cross-border land monitoring program Comment: The Planning Proposal is not inconsistent with this action and will not inhibit improved tracking and forecasting of housing and employment of land release within the region.

Direction 4.1 – Protect the nationally significant Murray River

Action 4.1.1 – Actively manage settlement and competing land uses along the Murray River Comment: It is considered that the planning proposal is not inconsistent with this action. The submitted planning proposal seeks permission to permit ‘restaurant’ as a land use with consent in the subject location of the Murray River zoned W2. No adverse land use conflict is predicted to occur, however it is noted any subsequent development on the subject land is required to be assessed on its merits. This will continue to ensure that the nationally significant Murray River is protected from adverse impact.

Direction 4.2- Protect the region’s environmental assets and biodiversity values

Action 4.2.1 – Facilitate improved access to quality information relating to high environmental values, to avoid, minimise and mitigate the impacts of development on significant environmental assets Comment: The Planning Proposal is not inconsistent with this action. It is considered that the submitted planning proposal is not inconsistent with the requirement to protect key environmental assets (including the Murray River). All development applications will continue to be assessed on their merits against the requirements of Section 79C of the Act.

Action 4.2.2 – Maintain healthy waterways and wetlands, including downstream environments Comment: The Planning Proposal is not inconsistent with this action. It is considered that the submitted planning proposal will not significantly adversely impact upon the Murray River, which is a key fish habitat and nationally important natural watercourse. Any subsequent development on the subject land will continue to be assessed on their merits against the requirements of Section 79C of the Act.

Direction 4.3 – Increase the region’s resilience to natural hazards

Action 4.3.1 – Review and map natural hazard risks to inform land use planning decisions Comment: The Planning Proposal is not inconsistent with this action. The subject land is mapped as Flood Prone Land and adjoins land mapped as Bush Fire Prone Land.

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It is considered that the submitted planning proposal will not increase the natural hazard risks associated with the subject land. Any subsequent development on the subject land will continue to be assessed on their merits against the requirements of Section 79C of the Act.

Action 4.3.2 – Support communities to build resilience to the impacts of natural hazards and climate change Comment: The Planning Proposal is not inconsistent with this action.

Action 4.3.3 – Minimise the potential impacts of naturally occurring asbestos on communities Comment: The Planning Proposal is not inconsistent with this action.

It is also noted that the planning proposal is not inconsistent with Council’s Community Strategic Plan 2015/2016 – 2024/25. The planning proposal is considered to have suitably addressed the requirements of Question 3.

Strategic Merit Comment: Throughout the various sections of the Planning Proposal, the Applicant has suitably demonstrated the strategic merit of the planning proposal. Although not specifically addressed in this Part of the Planning Proposal, there is no applicable local strategy endorsed by the Secretary of Department of Planning and Environment affecting this area of Murray River Council. Subsequent sections of the Planning Proposal also demonstrate compliance with the relevant Section 117 Directions and the suitability of the subject land for the proposal based on a variety of issues including its close proximity to existing, infrastructure, and environmental features. The planning proposal is considered not incompatible with the surrounding land uses, the natural environment, existing uses, approved uses and the future use of land near the planning proposal. The Applicant is considered to have suitably addressed the assessment requirements.

Q4. Is the planning proposal consistent with a Council’s local strategy or other local strategic plan? Comment: The Murray Strategic Land Use Plan 2010-2030 (SLUP) is applicable. The SLUP has been adopted by Council and has been in operation for some time; however has not been endorsed by NSW DPE. The purpose of the SLUP is outlined below:

“The overall purpose of the SLUP is to guide the future development and use of land within the Shire for the next 20 years and beyond. More specifically the purpose of the SLUP is to assist in:  preparing a new Shire-wide Local Environmental Plan;  providing the community with a degree of certainty for the location of various land uses in the future;  maintaining in production agricultural land not required for urban expansion;  protecting the riverine environment from use and development detrimental to it;  separating incompatible land uses;  reducing development speculation;  considering tourist development proposals; and  discouraging development on flood prone land.

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It is considered that the planning proposal is not inconsistent with the overall purpose and specific purposes on the Murray SLUP. The planning proposal will allow for the future development and use of land within the Council for the next 20 years and beyond, and will provide the community with a degree of certainty for the location of various land uses in the future. The planning proposal will not impact productive agricultural land, and assessment of any subsequent development applications enabled by the proposal will not result in adverse impacts upon the riverine environment.

Q5. Is the planning proposal consistent with applicable State Environmental Planning Policies? Comment: As detailed in the submitted planning proposal, the Applicant has stated that the subject proposal is not inconsistent with all applicable State Environmental Planning Policies. Please see submitted planning proposal and State Environmental Planning Policies below for more information.

State Environmental Planning Policy (Affordable Rental Housing) 2009 Comment: Not applicable to the subject planning proposal. No additional opportunities for affordable rental housing will be created as a result of the planning proposal.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Comment: Not applicable to the subject planning proposal. No additional opportunities for BASIX affected development will be created as a result of the planning proposal.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Part 1 General Clause 1.3 Aims of Policy Comment: It is considered that the planning proposal is consistent with the aims and intent of this Policy. The planning proposal does not adversely affect existing exempt and complying development requirements.

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Comment: Not applicable.

State Environmental Planning Policy (Infrastructure) 2007 Comment: The proposal is not inconsistent with this SEPP.

State Environmental Planning Policy (Integration and Repeals) 2016 Comment: Noted.

State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 Comment: Not applicable to Murray River Council.

State Environmental Planning Policy (Kurnell Peninsula) 1989 Comment: Not applicable to Murray River Council.

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State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Comment: Not applicable.

State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007 Comment: Not applicable.

State Environmental Planning Policy (Penrith Lakes Scheme) 1989 Comment: Not applicable to Murray River Council.

State Environmental Planning Policy (Rural Lands) 2008 Comment: Not applicable. The subject land is not rural land.

State Environmental Planning Policy (State and Regional Development) 2011 Part 1 Preliminary Clause 3 Aims of Policy Comment: It is considered that the planning proposal is consistent with the aims and intent of this Policy. The planning proposal does not adversely affect existing requirements outlined within the Policy.

State Environmental Planning Policy (State Significant Precincts) 2005 Comment: The planning proposal does not affect State Significant Precincts.

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Comment: Not applicable to Murray River Council.

State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Comment: Not applicable to Murray River Council.

State Environmental Planning Policy (Three Ports) 2013 Comment: Not applicable to Murray River Council.

State Environmental Planning Policy (Urban Renewal) 2010 Comment: Not applicable to Murray River Council.

State Environmental Planning Policy (Western Sydney Employment Area) 2009 Comment: Not applicable to Murray River Council.

State Environmental Planning Policy (Western Sydney Parklands) 2009 Comment: Not applicable to Murray River Council.

Murray Regional Environmental Plan No 2—Riverine Land Comment: The Applicant has provided a suitable assessment against this deemed SEPP. See submitted Planning Proposal for more detail.

State Environmental Planning Policy No 1—Development Standards Comment: Not applicable to the Murray LEP 2011.

State Environmental Planning Policy No 14—Coastal Wetlands Comment: Not applicable to Murray River Council.

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State Environmental Planning Policy No 19—Bushland in Urban Areas Comment: Not applicable to Murray River Council.

State Environmental Planning Policy No 21—Caravan Parks Comment: Not applicable.

State Environmental Planning Policy No 26—Littoral Rainforests Comment: Not applicable to Murray River Council.

State Environmental Planning Policy No 30—Intensive Agriculture Comment: Not applicable.

State Environmental Planning Policy No 33—Hazardous and Offensive Development Comment: Not applicable. Hazardous and/or offensive development, or potentially hazardous and offensive development is not permitted on W2 Recreational Waterways zoned land.

State Environmental Planning Policy No 36—Manufactured Home Estates Comment: Not applicable.

State Environmental Planning Policy No 44—Koala Habitat Protection Comment: Not inconsistent.

State Environmental Planning Policy No 47—Moore Park Showground Comment: Not applicable to Murray River Council.

State Environmental Planning Policy No 50—Canal Estate Development Comment: The planning proposal is consistent with the aims, objectives etc. of this Policy. The planning proposal will not adversely impact upon the requirements of this Policy.

State Environmental Planning Policy No 52—Farm Dams and Other Works in Land and Water Management Plan Areas Comment: Not inconsistent.

State Environmental Planning Policy No 55—Remediation of Land Comment: Not inconsistent.

State Environmental Planning Policy No 62—Sustainable Aquaculture Comment: Not inconsistent.

State Environmental Planning Policy No 64—Advertising and Signage Comment: The Applicant has provided a suitable assessment against this SEPP. See submitted Planning Proposal for more detail.

State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Comment: Not applicable.

State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes) Comment: Not applicable to Murray River Council.

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State Environmental Planning Policy No 71—Coastal Protection Comment: Not applicable to Murray River Council.

Q6. Is the planning proposal consistent with applicable Ministerial Directions (s. 117 directions)? Comment: As detailed in the submitted planning proposal, the Applicant has stated that the subject proposal is consistent with all applicable Directions. Please see the submitted planning proposal and Directions below for more information.

1. Employment and Resources

1.1 Business and Industrial Zones Comment: Not applicable. The planning proposal does not affect land within an existing or proposed business or industrial zone.

1.2 Rural Zones Comment: Not applicable. The planning proposal does not affect land within an existing or proposed rural zone.

1.3 Mining, Petroleum Production and Extractive Industries Comment: This direction does not apply. The planning proposal will not have the effect of: (a) prohibiting the mining of coal or other minerals, production of petroleum, or winning or obtaining of extractive materials, or (b) restricting the potential development of resources of coal, other minerals, petroleum or extractive materials which are of State or regional significance by permitting a land use that is likely to be incompatible with such development.

1.4 Oyster Aquaculture Comment: Not applicable to Murray River Council.

1.5 Rural Lands Comment: Not applicable.

2. Environment and Heritage

2.1 Environment Protection Zones Comment: It is considered the Planning Proposal is consistent with this Direction. No adverse impact to the River Murray is predicted to occur as a result of the application.

2.2 Coastal Protection Comment: Not applicable to Murray River Council.

2.3 Heritage Conservation Comment: The Applicant has stated that the Planning Proposal is consistent with this Direction. See submitted Planning Proposal for more detail.

2.4 Recreation Vehicle Areas Comment: The proposal does not affect this Direction.

2.5 Application of E2 and E3 Zones and Environmental Overlays in Far North Coast LEPs Comment: Not applicable to Murray River Council.

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3. Housing, Infrastructure and Urban and Urban Development

3.1 Residential Zones Comment: This direction does not apply. The planning proposal does not affect land within: (a) an existing or proposed residential zone (including the alteration of any existing residential zone boundary), or (b) any other zone in which significant residential development is permitted or proposed to be permitted.

3.2 Caravan Parks and Manufactured Home Estates Comment: The proposal does not affect this Direction.

3.3 Home Occupations Comment: The proposal does not affect this Direction.

3.4 Integrating Land Use and Transport Comment: Not applicable. The planning proposal will not create, alter or remove a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes.

3.5 Development Near Licensed Aerodromes Comment: This direction does not apply. The planning proposal does not create, alter or remove a zone or a provision relating to land in the vicinity of a licensed aerodrome.

3.6 Shooting Ranges Comment: Not applicable.

4. Hazard and Risk Hazard and Risk

4.1 Acid Sulfate Soils Comment: Not applicable.

4.2 Mine Subsidence and Unstable Land Comment: This direction does not apply. The planning proposal will not apply to land within a Mine Subsidence District proclaimed pursuant to Section 15 of the Mine Subsidence Compensation Act 1961, or which has been identified as unstable land.

4.3. Flood Prone Land Comment: The Applicant has stated that the Planning Proposal is consistent with this Direction. See submitted Planning Proposal for more detail. Any subsequent development application enabled by the proposal will be subject to a merit-based assessment against the flood provisions contained within the Murray LEP 2011, Murray DCP 2012 and the Floodplain Development Manual 2005.

4.4 Planning for Bushfire Protection Comment: The Applicant has stated that the Planning Proposal is consistent with this Direction. See submitted Planning Proposal for more detail. It is considered the Applicant has satisfactory addressed this Direction.

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5 Regional Planning

5.1 Implementation of Regional Strategies Comment: This direction does not apply. The following strategies do not apply to Murray River Council: (a) South Coast Regional Strategy (excluding land in the Shoalhaven LGA), and (b) Sydney–Canberra Corridor Regional Strategy.

5.2 Sydney Drinking Water Catchment Comment: Not applicable to Murray River Council.

5.3 Farmland of State and Regional Significance on the NSW Far North Coast Comment: Not applicable to Murray River Council.

5.4 Commercial and Retail Development along the Pacific Highway, North Coast Comment: Not applicable to Murray River Council.

5.5 Development in the vicinity of Ellalong, Paxton and Millfield (Cessnock LGA) (Revoked 18 June 2010) Comment: Noted.

5.6 Sydney to Canberra Corridor (Revoked 10 July 2008. See amended Direction 5.1) Comment: Noted.

5.7 Central Coast (Revoked 10 July 2008. See amended Direction 5.1) Comment: Noted.

5.8 Second Sydney Airport: Badgerys Creek Comment: Not applicable to Murray River Council.

5.9 North West Rail Link Corridor Strategy Comment: Not applicable to Murray River Council.

5.10 Implementation of Regional Plans Objective (6) The objective of this direction is to give legal effect to the vision, land use strategy, goals, directions and actions contained in Regional Plans.

Comment: The planning proposal is consistent with the objective of this direction.

Where this direction applies (7) This direction applies to land to which a Regional Plan has been released by the Minister for Planning.

Comment: The Riverina Murray Regional Plan applies to the land. This document was in draft form when the proposal was submitted. The planning proposal is not inconsistent with this document.

When this direction applies (8) This direction applies when a relevant planning authority prepares a planning proposal.

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What a relevant planning authority must do if this direction applies (9) Planning proposals must be consistent with a Regional Plan released by the Minister for Planning.

Comment: The Riverina Murray Regional Plan is applies. The planning proposal is not inconsistent with this document.

Consistency (10) A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Secretary of the Department of Planning and Environment (or an officer of the Department nominated by the Secretary), that the extent of inconsistency with the Regional Plan: (a) is of minor significance, and (b) the planning proposal achieves the overall intent of the Regional Plan and does not undermine the achievement of its vision, land use strategy, goals, directions or actions.

Comment: Not applicable. The planning proposal is consistent with this direction.

6 Local Plan Making

6.1 Approval and Referral Requirements Comment: The Applicant has stated that the Planning Proposal is consistent with this Direction. See submitted Planning Proposal for more detail.

6.2 Reserving Land for Public Purposes Comment: The submitted proposal is not inconsistent with this Direction.

6.3 Site Specific Provisions Comment: The Applicant has stated that the Planning Proposal is consistent with this Direction. Council staff agree the proposal is not inconsistent with this Direction. See submitted Planning Proposal for more detail.

7 Metropolitan Planning

7.1 Implementation of A Plan for Growing Sydney Comment: Not applicable to Murray River Council.

7.2 Implementation of Greater Macarthur Land Release Investigation Comment: Not applicable to Murray River Council.

7.3 Parramatta Road Corridor Urban Transformation Strategy Comment: Not applicable to Murray River Council.

7.4 Implementation of North West Priority Growth Area Land Use and Infrastructure Implementation Plan Comment: Not applicable to Murray River Council.

The Applicant is considered to have suitably addressed the Section 117 Directions.

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Section C – Environmental, social and economic impact

Q7. 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? Comment: The Applicant has advised that whilst the proposal applies to the Murray River, the proposal is very unlikely to have any adverse effects on the items listed above. Due to the nature of the proposal, Council staff concur with this initial assessment. Any future development of the subject land will be subject to a merit based development application assessment against Section 79C of the EP&A Act 1979 and all other relevant legislation. See comments provided by the Applicant for further information. The Applicant is considered to have suitably addressed the assessment requirements of Question 7.

Q8. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed? Comment: The Applicant has noted that there is unlikely to be significant environmental effects because of the planning proposal. Noise may be generated by the proposal however any subsequent Development Application which will be required can be appropriately assessed and conditioned to protect the amenity of the area. The Applicant is considered to have suitably addressed the assessment requirements of Question 8.

Q9. Has the planning proposal adequately addressed any social and economic effects? Comment: The Applicant has provided a detailed assessment against net community benefit considerations. The Applicant has stated that the ‘proposal will add an additional venue to the popular tourist destination of Echuca/Moama. The venue will provide a dining experience that is not available anywhere else’. See comments provided by the Applicant for further information. The Applicant is considered to have suitably addressed the assessment requirements of Question 9.

Section D – State and Commonwealth interests

Q10. Is there adequate public infrastructure for the planning proposal? Comment: The Applicant has advised that there is adequate public infrastructure available to support the planning proposal. Council staff concur with this initial assessment. Any upgrades to infrastructure required because of the proposal will be required to be paid by the developers. The Applicant is considered to have suitably addressed the assessment requirements of Question 10.

Q11. What are the views of state and Commonwealth public authorities consulted in accordance with the Gateway determination? Comment: The Applicant has conducted some pre Gateway Determination consultation with various authorities. These authorities include NSW Office of Environment and Heritage, Shire of Campaspe (Victoria), NSW Roads and Maritime Services, NSW Department of Primary Industries – Fisheries, and Victoria Police. The consulted authorities did not have any objections at the initial stage. It is noted that relevant State and Commonwealth authorities will be consulted in accordance with Section 56 (2)(d) of the Environmental Planning and Assessment 1979 as a result of the Gateway determination.

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PART 4 – MAPPING Comment: No mapping is proposed to change as a result of the planning proposal.

PART 5 – COMMUNITY CONSULTATION Comment: The Applicant believes the subject proposal can be classed as low impact under this heading, and that the exhibition period of the proposal can be for 14 days. It is noted that the consultation requirements are to be dictated by any Gateway determination, however it is considered the Applicant has suitably addressed the assessment requirements of Part 5.

PART 6 – PROJECT TIMELINE Comment: The Applicant has submitted a draft Project Timeline; however the dates have changed due to the timing the Application has taken to be submitted to a Council Meeting for determination. It is considered that the subject planning proposal can be appropriately progressed in an efficient manner subject to Council staffing resources. The Applicant is considered to have suitably addressed the assessment requirements of Part 6.

SUMMARY After a review of the submitted Planning Proposal, Council staff is of the opinion that the submission by the Applicant provides sufficient detail to meet the requirements of the Act and ‘A guide to preparing Planning Proposals’. It is therefore recommended that the Planning Proposal be sent to NSW DPE for Gateway Determination.

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MURRAY RIVER COUNCIL DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT ORDINARY MEETING OF COUNCIL 8 AUGUST 2017

CLAUSE 5. DEVELOPMENT APPLICATION 108/17 (MURRAY LEP 2011)

AUTHOR: Chris O’Brien, Town Planner TRIM REF:

Issues considered in writing this report: Community Strategic Plan, Delivery Program, Council Policy, Environmental Issues, Risk Issues & Options – issues applicable have been reported on.

RECOMMENDATION

That Development Application 108/17 be approved, subject to relevant conditions of deferred commencement development consent outlined at the end of this report.

BACKGROUND INFORMATION

For: Ninety-two (92) dwelling site manufactured home estate Zone: Part R1 General Residential and part E3 Environmental Management Property: Lot 2 DP 577744 Address: ‘Discovery Parks – Moama West’ 80 Merool Road, Moama NSW 2731 Owner: Colorado Parks Land Co Pty Ltd Applicant: Damien Gallacher (Discovery Parks)

Section 1: Executive Summary

The Application seeks permission to establish a ninety-two (92) dwelling site Manufactured Home Estate (MHE) on the subject site. The subject site of the proposed development is located at 80 Merool Road, Moama NSW 2731 on Lot 2 DP 577744, which is the site of the existing ‘Discovery Parks – Moama West’ (approved as a caravan park – formally known as A Shady River Holiday Park).

The subject site is currently partly zoned R1 General Residential and partly zoned E3 Environmental Management. The development is proposed to occur only within the R1 General Residential zoned part of the site. In accordance with the State Environmental Planning Policy No 36—Manufactured Home Estates, a MHE is permitted with consent in the R1 General Residential zone as a caravan park use is permitted with consent in the zone.

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The Application was notified to relevant Governmental agencies and surrounding property owners in accordance with relevant legislation and Council’s Notification Policy. All Government agencies supported the proposed development subject to appropriate conditions of consent being placed on any approval granted.

A total of thirty-eight (38) public submissions were received, all of which were objecting to the proposed development. In summary, the main concerns of these public objectors relate to potential amenity impacts being caused as a result of the proposed development, adverse impact to existing neighbourhood character, adverse traffic impacts associated with increase in traffic movements, and insufficient parking spaces. Full detail of all concerns raised by the submission makers is included in the Submissions section of this report.

Although the proposed development has the potential to change the existing character of the subject area, it is considered that the proposed development will not create any significant or unreasonable adverse impacts. It is acknowledged that the proposed development is of a higher density than surrounding residential properties, however the proposed development is in accordance with relevant planning legislation and policies and is considered unlikely to result in any significant adverse impact. The minimum lot size affecting the site is 1500m2, however no subdivision of the land is proposed. The Applicant has advised that the proposed MHE is to be marketed towards members of the community aged 55 and above, to provide additional housing opportunities within Murray River Council.

Any development consent issued in respect of the proposed development will be appropriately conditioned to minimise impact to the amenity of the surrounding area. The Application was referred to Council’s Engineering Department to assess issues regarding access and services/infrastructure to service the proposal. Council’s Engineering Department advised that upgrades to existing services and infrastructure will be required to be undertaken, at the Applicant’s/landowner’s expense, to ensure the proposal can be sufficiently serviced.

It is considered that the proposed development is generally consistent with the Murray Local Environmental Plan 2011 (Murray LEP 2011), the State Environmental Planning Policy No 36—Manufactured Home Estates (SEPP 36), the Murray Development Control Plan 2012 (Murray DCP 2012), the Murray Strategic Land Use Plan 2010-2030 (Murray SLUP) and other relevant planning instruments associated with the site. The Application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979 and is deemed consistent with the requirements therein. The design of the proposed MHE is considered appropriate for the location, respects the riverine environment, and does not significantly adversely impact upon the existing amenity and neighbourhood character of the area. The predicted effect to existing amenity will be discussed in further detail throughout this report.

It is therefore recommended that the proposed development be granted deferred commencement development consent subject to appropriate conditions of consent as detailed at the end of this report.

1.1 Subject Site The subject site is Lot 2 DP 577744, known as ‘Discovery Parks – Moama West’ (formally known as ‘A Shady River Holiday Park’), 80 Merool Road, Moama NSW 2731. The site is part zoned R1 General Residential and part zoned E3 Environmental

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Management, and is mapped as Murray REP2 Riverine Land. The site is partially mapped as an Urban Release Area, Bush Fire Prone Land, Flood Prone Land, Terrestrial Biodiversity (Native Vegetation), Key Fish Habitat (Aquatic Biodiversity), Wetlands and Watercourse. The site is not mapped as Contaminated land or containing mineral resources, and does not contain any known items of environmental heritage significance. The site has a total area of 10.73ha and is oblong in shape. The land is on the corner of Merool Road and Grimison Road and has road access from both roads, with the existing main vehicle access to the existing Caravan Park from Merool Road. The site forms part of an approved caravan park, currently known as Discovery Parks – Moama West. The majority of the proposed development site is previously cleared land, as well as containing a tennis court, a swimming pool, sheds, and some existing native vegetation.

The subject lot fronts the Murray River along the north-western property boundary, and contains significant native vegetation in the north/north-western portion of the site. The land is located approximately 2km from the centre of the Moama Township and is located within an existing residential/tourism precinct. The site can be connected to all town services. Figures 1 and 2 outline the subject site.

Development Applications relating to the subject site  Council granted development consent on 20 March 1979 to establish a caravan park on the site.  Development Application 024/86 for a caravan park was approved on 20 May 1986.  Development Application 085/90 for an illuminated sign was approved on 15 January 1991.  Development Application 071/04 for a fifty five (55) site Manufactured Home Estate was applied for on 17 March 2004. The application was withdrawn due to insufficient information being provided and therefore did not comply with the provisions of the Murray LEP 1989 (current at the time of the application).  Development Application 145/05 for a carport was approved on 10 December 2004.  Development Application 258/05 for an extension to the existing Caravan Park was approved on 2 August 2005. Please see Appendix 5 for copy of approval and Appendix 6 for copy of stamped plans.  Development Application 120/10 for a garden shed – small was approved on 4 February 2010.  Development Application 012/13 for stormwater drainage works with treatment provisions was approved on 1 November 2012.  Development Application 114/15 for a seventy-two (72) dwelling site Manufactured Home Estate was refused by Council on 2 February 2016.

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Figure 1 – Subject site highlighted.

Figure 2 – Aerial Photograph of site. Approximate site of proposed development indicated by black star.

1.2 Commentary The proposal seeks permission to establish a ninety-two (92) dwelling site Manufactured Home Estate on the subject site.

The design for the proposed MHE includes ninety-two (92) individual private dwelling sites. The proposed dwelling sites range in size from 147m² to 170m².

The proposed design includes internal bitumen sealed roads, with the road reserve for major access roads being 8.5m in width with 6m wide bitumen seal. The road reserve for minor access roads is proposed to have a width of 6m with 4m wide seal.

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The proposed design is to include a 10m wide buffer along the property boundary abutting Grimison Road (south-west), 10m wide buffer along Merool Road (south- east), and 3m wide landscaping along the north-east boundary. The proposed MHE also includes a community amenities building and swimming pool area.

Road access is proposed from Grimison Road, which is to service both the existing caravan park and the proposed MHE.

The site of the proposed development currently contains seven (7) holiday cabins, a swimming pool, and tennis courts. These are all proposed to be demolished to accommodate the proposed MHE.

Figures 3, 4, 5, 6 and 7 outline the proposed development.

Figure 3 - Existing conditions

Figure 4 – Site of proposed development

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Figure 5 – Site plan of proposed development

Figure 6 – Site plan of proposed development

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Figure 7 – Stormwater Management Plan

Section 2: Statutory Assessment Process

2.1 Environmental Planning and Assessment Act 1979

Section 5 Objects The objects of this Act are: (a) to encourage: (i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

Comment: It is considered that the proposed development is consistent with this object. The proposed Manufactured Home Estate is considered an acceptable development for the locality, and any consent can be appropriately conditioned to minimise impact to the amenity of the area. The proposed development will not adversely impact upon the natural or artificial resources of Murray River Council. The proposed MHE has the potential to provide a positive result to the social and economic welfare of the community as the proposed development will provide additional housing options within Murray River Council, whilst not unreasonably adversely impacting the amenity of the area. It is considered that the proposed development is not inconsistent with the aim of providing a ‘better environment’.

(ii) the promotion and co-ordination of the orderly and economic use and development of land,

Comment: It is considered that the proposed development is consistent with this object. The proposed MHE will provide an orderly and economic use and development of the subject site.

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The proposed development can be appropriately conditioned to minimise impact to the amenity of the area.

(iii) the protection, provision and co-ordination of communication and utility services,

Comment: The proposed development is not inconsistent with this object.

(iv) the provision of land for public purposes,

Comment: The subject site is private property.

(v) the provision and co-ordination of community services and facilities, and

Comment: It is considered that the proposed development is not inconsistent with this object. The proposed MHE will not adversely impact any existing community services and facilities, whilst the application contains internal community services and facilities for potential occupiers of the MHE to enjoy.

(vi) the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities, and their habitats, and

Comment: The proposed development is considered to be consistent with this object. The proposed MHE does not significantly adversely impact the natural environment. No known threatened species, populations and ecological communities, and their habitats, are located on the subject site.

(vii) ecologically sustainable development, and

Comment: The proposed development does not inhibit the achievement of this aim. The proposed development will be required to comply with all relevant legislation for ecologically sustainable development.

(viii) the provision and maintenance of affordable housing, and

Comment: The proposed development is for a Manufactured Home Estate. It is considered that the proposed development is not inconsistent with this object. The applicant has stated that the proposed MHE is to be marketed towards the over 55 years of age bracket of the community.

(b) to promote the sharing of the responsibility for environmental planning between the different levels of government in the State, and

Comment: The proposed development was notified to all relevant Governmental agencies. These agencies have provided responses and recommended conditions of consent where applicable, which will be included into any development consent issued.

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Comment: The Application was notified to surrounding properties in accordance with Council’s Notification Policy. A total of thirty-eight (38) public submissions were received. These submissions are addressed in the Submissions section of this report.

Section 5A Significant effect on threatened species, populations or ecological communities, or their habitats Comment: It is considered that the proposed development is not likely to have a significant effect on threatened species, populations or ecological communities, or their habitats. The subject site is a heavily disturbed site and as such the proposed development is unlikely to create any significant adverse effect.

Section 79BA Consultation and development consent—certain bush fire prone land Comment: The subject site is partially mapped as bush fire prone land, whilst the Application is for a Manufactured Home Estate; therefore the Application was classed as integrated development with NSW RFS. NSW RFS did not object to the granting of consent and did not request any specific conditions to be placed on any development consent granted. It is noted that the specific location of the proposed development is not mapped as Bush Fire Prone.

Figure 8 - Bush Fire Mapping

Section 91 What is “integrated development”? Comment: The proposed development is classed as integrated development under Section 91 of the Environmental Planning and Assessment Act 1979 with the NSW RFS. The application is for a special fire protection purpose as ‘a manufactured home estate (within the meaning of State Environmental Planning Policy No 36— Manufactured Home Estates), comprising two or more caravans or manufactured homes, used for the purpose of casual or permanent accommodation (but not tourist accommodation)’, under Section 100B of the Rural Fires Act 1997. The application is not integrated under any other legislation. The submitted bushfire assessment is attached as Appendix 7.

2.2 Chronology of events and public notification and statutory referral process The below table provides an overview of the timeline with respect to the lodgement and assessment of the Application.

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Application history/timeline Application lodged and fees paid 17/11/2016 DA Panel 30/11/2016 Site inspection 2/12/2016 More information requested 12/12/2016 Further Information Received 22/2/2017 Neighbours Notified 28/2/2017 Integrated with NSW RFS 28/2/2017 Advertisement in Riverine Herald Wednesday 1/3/2017 and Friday 3/3/2017 NSW RFS Response Received 24/3/2017 Forwarding of Public Submissions received to Applicant to 20/4/2017 respond Forwarding of independent consultant review of submitted Traffic 1/5/2017 Impact Study to Applicant to address Response to Public Submissions received from Applicant 17/5/2017 Response to independent consultant review of submitted Traffic 31/5/2017 Impact Study received from Applicant Request for Independent consultant to review response from 20/6/2017 Applicant Final response received from Independent traffic consultant 22/6/2017

2.3 Referrals and Owners Consent Internal Referrals- DA Panel Engineering Department Environment and Compliance

External Referrals- NSW RFS (Integrated Development) Murray REP No 2 Authorities (NSW DPI Water, NSW DPE, NSW EPA, NSW DoI – Lands (NSW Crown Lands), NSW Tourism Commission, MDBA, Victorian DELWP) Shire of Campaspe (VIC) NSW Roads and Maritime Services Essential Energy

Advertised- Twice in Riverine Herald - Wednesday 1/3/2017 and Friday 3/3/2017.

Public Notification- Adjoining and adjacent property owners were notified in accordance with Murray DCP Chapter 12 Notification Policy. Site signs were also erected on the subject site.

Owners Consent: Provided.

2.4 Contributions Section 94 Development Contributions are required. Section 94A Levy Development Contributions are not required. Section 64 charges are required.

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Section 3: Town Planning Assessment Assessment of the development application has been undertaken in respect to relevant considerations arising from Section 79C of the Environmental Planning and Assessment Act 1979 as follows:

3.1 Section 79C Evaluation (1) Matters for consideration-general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application: a. the provisions of: (i) any environmental planning instrument, and (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and (iii) any development control plan, and (iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and (v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates, b. the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, c. the suitability of the site for the development, d. any submissions made in accordance with this Act or the regulations, e. the public interest.

Matters for consideration 3.2(a) the provisions 3.2(a)(i) Environmental Planning Instruments 3.2(a)(i)a Murray Local Environmental Plan 2011

Part 1 Preliminary Clause 1.1 Name of Plan Comment: Noted.

Clause 1.1AA Commencement Comment: Noted.

Clause 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in Murray in accordance with the relevant standard environmental planning instrument under section 33A of the Act.

Comment: Noted.

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(2) The particular aims of this Plan are as follows: (a) to encourage sustainable economic growth and development within Murray,

Comment: It is considered that the proposed development is not inconsistent with this aim. The establishment of a ninety-two (92) dwelling site Manufactured Home Estate on the allotment has the potential to provide sustainable economic growth and development within Murray River Council.

(b) to encourage the retention of productive rural land in agriculture,

Comment: Not applicable. The subject site is zoned part R1 General Residential and part E3 Environmental Management; therefore no rural land will be adversely affected by the proposed development.

Comment: It is considered that the proposed development is consistent with this aim. The proposed MHE is unlikely to adversely impact upon Murray’s natural assets.

(d) to identify and protect Murray’s built and cultural heritage assets for future generations,

Comment: It is considered that the proposed development is not inconsistent with this aim. No known items of environmental heritage significance are located on the subject site, whilst the proposed development is not considered to cause any adverse impact to the nearby Aboriginal item of heritage significance. The proposed development is unlikely to significantly adversely impact upon the built character of Murray River Council.

(e) to allow for the equitable provision of social services and facilities for the community,

Comment: It is considered that the proposed development is not inconsistent with this aim. The proposed MHE is to include a community amenities building and swimming pool for residents within the proposed estate, which is considered an appropriate outcome.

(f) to encourage and focus growth in the Moama and Mathoura townships,

Comment: It is considered that the proposed development is not inconsistent with this aim. The proposed MHE is located within the township of Moama within a site which contains an existing caravan park. All required services are available to the site.

(g) to provide for future tourist and visitor accommodation in a sustainable manner that is compatible with, and will not compromise, the natural resource and heritage values of the surrounding area.

Comment: No tourist and visitor accommodation is proposed, as the application is for a MHE which is to be utilised for permanent occupation. It is noted that the proposed development will not adversely impact upon the achievement of this aim; whilst the existing approved caravan park on the subject site will not be

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adversely impacted. The proposed development is aimed at delivering additional housing to the over 55 year old bracket of the community, which is considered an appropriate outcome.

Clause 1.3 Land to which Plan applies Comment: Noted.

Clause 1.4 Definitions Comment: Noted.

Clause 1.5 Notes Comment: Noted.

Clause 1.6 Consent authority Comment: Noted.

Clause 1.7 Maps Comment: Noted.

Clause 1.8 Repeal of planning instruments applying to land Comment: Noted.

Clause 1.8A Savings provision relating to development applications Comment: Noted.

Clause 1.9 Application of SEPPs Comment: Noted.

Clause 1.9A Application of covenants, agreements and instruments Comment: For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

Part 2 Permitted or prohibited development Clause 2.1 Land use zones Comment: Noted.

Clause 2.2 Zoning of land to which Plan applies Comment: Noted.

Clause 2.3 Zone objectives & Land Use Table (development permissibility) Zone: R1 General Residential

Objectives  To provide for the housing needs of the community.  To provide for a variety of housing types and densities.  To enable other land uses that provide facilities or services to meet the day to day needs of residents.  To avoid potential land use conflict and protect the amenity of residents.  To provide for tourist and visitor accommodation in appropriate locations.

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Comment: It is considered that the proposed development is consistent with the objectives of R1 General Residential zoned land. The proposed development has the potential to provide for the housing needs of the community in the form of additional housing for the over 55 age bracket of the community and will add to the variety of housing types and densities within Moama.

It is considered that the proposed development is appropriately sited to avoid potential land use conflict and does not pose an unreasonable adverse impact to the amenity of existing residents in the area. The proposed Manufactured Home Estate is to be located on land which currently contains a caravan park, and can be appropriately serviced by all required services. As per SEPP 36—Manufactured Home Estates, Manufactured Home Estates are permitted with development consent on any land on which development for the purposes of a caravan park may be carried out. The use of a caravan park is permitted with consent on R1 General Residential zoned land. Although the density of the proposed MHE is higher than the surrounding area, it is considered that no significant adverse impacts will result from the proposed development. Any development consent issued in respect of this application will be appropriately conditioned to ensure compliance with all legislation and to minimise adverse impact to the amenity of the area.

Zone: E3 Environmental Management

Objectives  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.  To provide for a limited range of development that does not have an adverse effect on those values.

Comment: Part of the subject site is zoned E3 Environmental Management, however no development is proposed to occur on this section of the subject site.

Definitions

manufactured home estate means land on which manufactured homes are, or are to be, erected.

manufactured home means a self-contained dwelling (that is, a dwelling that includes at least 1 kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling: (a) that comprises 1 or more major sections that are each constructed, and assembled, away from the manufactured home estate and transported to the estate for installation on the estate, and (b) that is not capable of being registered under the Traffic Act 1909, and includes any associated structures that form part of the dwelling.

caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

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Clause 2.4 Unzoned land Comment: Not applicable.

Clause 2.5 Additional permitted uses for particular land Comment: Not applicable.

Clause 2.6 Subdivision—consent requirements Comment: The proposed development is for a Manufactured Home Estate and does not propose to subdivide the land.

Clause 2.7 Demolition requires development consent Comment: The application includes the proposed demolition of seven (7) holiday cabins, a swimming pool; and tennis courts. This is considered appropriate subject to conditions of consent.

Clause 2.8 Temporary use of land Comment: Not applicable.

Part 3 Exempt and complying development Clause 3.1 Exempt Development Comment: The application does not meet the requirements to be classed as exempt development.

Clause 3.2 Complying Development Comment: The application does not meet the requirements to be classed as complying development.

Clause 3.3 Environmentally sensitive areas excluded Comment: Noted.

Part 4 Principal development standards Clause 4.1 Minimum subdivision lot size Comment: Not applicable.

Clause 4.1AA Minimum subdivision lot size for community title schemes Comment: Not applicable.

Clause 4.1A Minimum subdivision lot size for strata plan schemes in certain rural, residential and environmental zones Comment: Not applicable.

Clause 4.1B Minimum subdivision lot sizes for certain split zones Comment: Not applicable.

Clause 4.2 Rural Subdivision Comment: Not applicable.

Clause 4.2A Erection of dwelling houses on land in certain rural and environmental protection zones Comment: Not applicable.

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Clause 4.2B Rural workers’ dwellings Comment: Not applicable.

Clause 4.2C Exceptions to minimum lot sizes for certain rural subdivisions Comment: Not applicable.

Clause 4.2D Boundary adjustments in Zones RU1 and E3 Comment: Not applicable.

Clause 4.3 Height of buildings [Not adopted]

Clause 4.4 Floor Space Ratio [Not adopted]

Clause 4.5 Calculation of floor space ratio and site area [Not adopted]

Clause 4.6 Exceptions to development standards Comment: Not applicable.

Part 5 Miscellaneous provisions Clause 5.1 Relevant acquisition authority Comment: Noted.

Clause 5.2 Classification and reclassification of public land Comment: Noted.

Clause 5.3 Development near zone boundaries Comment: Not applicable.

Clause 5.4 Controls relating to miscellaneous permissible uses Comment: Not applicable.

Clause 5.5 Development within the coastal zone [Not applicable]

Clause 5.6 Architectural roof features [Not applicable]

Clause 5.7 Development below mean high water mark [Not applicable]

Clause 5.8 Conversion of fire alarms Comment: Noted.

Clause 5.9 Preservation of trees or vegetation Comment: The site of the proposed development contains planted native and exotic vegetation along with two (2) mature Corymbia Maculata (Spotted Gums) near the existing tennis courts.

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The entire subject site contains significant native vegetation, which is located on land adjoining the Murray River and within the existing constructed caravan park. The Applicant proposes to remove a number of planted trees along with the two mature Spotted Gums within the site of the proposed development, however no native vegetation along the Murray River is proposed to be removed. It is considered that the proposed development is consistent with the objective of this clause, with the removal of the two mature Spotted Gums justified in this instance due to the substantial housing created as a result of the application. The amenity of the area will not be unreasonably adversely impacted upon by the proposed development, whilst the proposal also includes landscaping to support the natural environment and to minimise any significant adverse impact to the amenity of the area. Any landscaping implemented will be required to accord with the requirements of NSW RFS.

Clause 5.9AA Trees or vegetation not prescribed by development control plan Comment: Noted. The site of the proposed development contains some exotic vegetation, of which removal is permitted without development consent.

Clause 5.10 Heritage Conservation Comment: It is considered that the proposed development is consistent with the objectives of this clause. The subject site does not contain any known items of environmental heritage, whilst Aboriginal Local Environmental Heritage Item No. I173 is located in the vicinity of the subject site. It is considered that the proposed development is unlikely to adversely impact upon this item of Aboriginal heritage significance, as the site is sufficiently located away from this item. It is considered that a heritage assessment or heritage conservation management plan is not required in this instance. The subject site does not contain any known archaeological sites. The Applicant has submitted a Due Diligence Report; a copy of same is attached as Appendix 8.

Figure 9 – Subject site highlighted by black star. The applicable Aboriginal Heritage item is highlighted by the yellow circle.

Clause 5.11 Bush fire hazard reduction Comment: Noted.

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Clause 5.12 Infrastructure development and use of existing buildings of the Crown Comment: Noted.

Clause 5.13 Eco-tourist facilities Comment: Not applicable.

Clause 5.14 Siding Spring Observatory—maintaining dark sky [Not adopted]

Clause 5.15 Defence communications facility [Not adopted]

Part 6 Urban release areas Comment: Part of the subject site is mapped as an Urban Release Area.

Figure 10 – Subject site highlighted by black star.

Clause 6.1 Arrangements for designated State public infrastructure Comment: Part of the subject site is mapped as an Urban Release Area. Council has previously received confirmation from the Director-General/Department of Planning and Infrastructure (currently known as NSW Department of Planning and Environment) that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure. The proposed development will be assessed against the Murray DCP 2012 which provides appropriate criteria to ensure that any proposed development is suitable for the site.

Clause 6.2 Public utility infrastructure Comment: Noted. Council is satisfied that any public utility infrastructure that is essential for the proposed development is available.

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Clause 6.3 Development control plan Comment: Noted. A suitable Development Control Plan has been developed for land mapped as an Urban Release Area within Murray River Council. The Murray DCP 2012 addresses all required details. The current development application will be assessed against these criteria which are detailed in this report.

Clause 6.4 Relationship between Part and remainder of Plan Comment: Noted.

Part 7 Additional local provisions Clause 7.1 Essential services Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:

Subclause Comment (a) the supply of Filtered and raw water is available to the subject site. The water, application was referred to Council’s Engineering Department for comment. Council’s Engineering Department have stated that the proposed development is to be connected to Council’s existing filtered and raw water infrastructure in the area. This requirement will form a condition of any development consent granted. Any required upgrades will be installed at the owner’s/Applicant’s expense. (b) the supply of Electricity is available to the allotment. electricity, (c) the disposal and The Application was referred to Council’s Engineering management of Department for comment. Council’s Engineering Department sewage, have stated that connection to Council’s sewer rising main infrastructure is required. This requirement will form a condition of any development consent granted. (d) stormwater The Application was referred to Council’s Engineering drainage or on-site Department for comment. Council’s Engineering Department conservation, have required relevant conditions to be placed on any consent issued. (e) suitable road The Applicant has proposed sole vehicular access to be provided access to the entire subject site from Grimison Road, utilizing an existing secondary driveway which is seldom used. This is amending the current primary/main access to the site, which is provided from Merool Road. The existing access from Merool Road will be closed, should the development application concept be approved as submitted. Council’s Engineering Department did not object to the proposed entrance off Grimison Road subject to appropriate conditions of consent. The Applicant/landowner will be required to upgrade Merool Road to an appropriate standard. The intersection of Grimison Road and Merool Road is also required to be upgraded to provide a vehicle turning lane. The Applicant provided a Traffic Impact Assessment (TIA) as part of

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the application. Council’s Engineering Department sought the advice of an independent consultant to review the submitted TIA. The consultant raised concerns, which the Applicant responded to. Council’s consultant still raised concerns regarding the application. As a result of this Council will require a small alteration of the design (change to major roads for small sections), along with requiring an emergency access off Merool Road. It is noted that the traffic study did not account for or investigate the traffic implications arising from an access from Merool Road. Copies of relevant documents relating to the Traffic Study are attached as Appendices 9, 10, 11 and 12 respectively.

Clause 7.2 Earthworks Comment: It is considered that any earthworks required for the proposed development are ancillary to the use of the land being applied for as part of the subject Application and therefore do not require additional development consent.

Clause 7.3 Biodiversity protection Comment: The subject site is partially mapped as terrestrial biodiversity (native vegetation). The site of the proposed development however is not covered by this layer. It is considered that the proposed development is unlikely to adversely impact upon the terrestrial biodiversity values of the land.

A small section of the subject site is mapped as key fish habitat (aquatic biodiversity). The site of the proposed development however is not covered by this layer and is located in excess of 500m from this layer and the Murray River. It is therefore considered that the proposed development is unlikely to adversely impact upon the aquatic biodiversity values of the land.

Figure 11 – Subject site highlighted by black star. Terrestrial Biodiversity (Vegetation) layer is green, whilst Key Fish Habitat layer indicated by blue.

Clause 7.4 Development on river front areas Comment: Not applicable. No development is proposed to occur within 100m of the top of the bank of the Murray River.

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Clause 7.5 Riparian land and Murray River and other watercourses – general principles Comment: Not applicable. No development is proposed to occur within 40m from the top of the bank of the Murray or Wakool River.

Clause 7.6 Additional provisions – development on river bed and banks of Murray and Wakool Rivers Comment: No development on the river bed or bank of the Murray or Wakool River is proposed.

Clause 7.7 Wetlands Comment: Part of the subject site is mapped as Wetlands under the Murray LEP 2011; however no development is proposed to occur on this part of the land. The location of the proposed MHE is not covered by this layer. It is therefore considered that the proposed development is consistent with this Clause and is unlikely to significantly adversely impact upon the Wetland characteristics of the area.

Figure 12 – Site of proposed development highlighted by black star. Wetlands layer indicated by light blue.

Clause 7.8 Flood planning Comment: Part of the subject site is mapped as flood prone land under the Murray LEP 2011; however the site of the proposed development is not covered by this layer. It is therefore considered that the proposed development is consistent with this clause and is unlikely to significantly adversely impact upon the flooding characteristics of the area.

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Figure 13 – Site of proposed development highlighted by black star. Flood Prone Land layer indicated by blue.

Schedule 1 Additional permitted uses Comment: Not applicable.

Schedule 2 Exempt development Comment: Not applicable.

Schedule 3 Complying development Comment: Not applicable.

Schedule 4 Classification and reclassification of public land Comment: Noted.

Schedule 5 Environmental heritage Comment: Noted.

3.2(a)(i)b Murray Regional Environmental Plan No. 2 – Riverine Land Comment: The subject site is mapped as Murray Regional Environmental Plan 2 – Riverine Land.

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Figure 14 – Site of proposed development highlighted by black star. Murray REP2 Riverine Land layer indicated by blue.

Part 1 Introduction Clause 1 Name of plan Comment: Noted.

Clause 2 Aims of the plan Comment: It is considered that the proposed development is consistent with this clause. The proposed ninety-two (92) dwelling site Manufactured Home Estate is appropriately setback from the Murray River (in excess of 500m) and is unlikely to impact on the aim to conserve and enhance the riverine environment of the River Murray for the benefit of all users.

Clause 3 Objectives of the plan Comment: The proposed development is considered to be consistent with this Clause. Appropriate consideration has been given to the River Murray in the design of this application. The proposed development is appropriately setback from the Murray River and does not impede in the conservation and better management of the natural and cultural heritage values of the riverine environment.

Clause 4 Where the plan applies Comment: Noted.

Clause 5 How this plan affects other plans Comment: Noted.

Part 2 Planning principles Clause 6 Definitions Comment: Noted.

Clause 7 Notes Comment: Noted.

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Clause 8 When planning principles should be applied Comment: Noted.

Clause 9 General principles Comment: It is considered that the proposed development is consistent with the aims, objectives and planning principles of this plan, whilst there is not relevant River Management Plan in place. The proposed development is unlikely to have any adverse effect on adjacent and downstream local government areas, and will not produce any significant adverse impact to the River Murray.

Clause 10 Specific principles When this Part applies, the following must be taken into account:

Access Comment: The proposed development does not propose any access to the River Murray.

Bank disturbance Comment: The proposed development does not propose any bank disturbance to the River Murray. The application has been appropriately sited and is considered to be consistent with this subclause.

Flooding Comment: The proposed development is unlikely to adversely impact upon flooding events affecting the location. Whilst part of the entire subject allotment is mapped as Flood Prone Land, the site of the proposed development is not mapped as Flood Prone Land and therefore it is considered that the proposed development has been appropriately located.

Land degradation Comment: It is considered that the proposed development is not inconsistent with this subclause. The application is not likely to cause erosion, pollution of ground or surface water, groundwater accession, salination and soil acidity, whilst the majority of the site has been previously cleared of native vegetation. The proposed development includes the removal of planted native vegetation; however the proposed removal of this vegetation will not cause significant degradation of the land. The site of the proposed development is setback in excess of 500m from the Murray River, and is not covered by the Terrestrial Biodiversity (Native Vegetation) layer. The proposed MHE will not adversely impact the significant native vegetation located on the subject site adjoining the Murray River. Any development consent will include conditions of consent requiring the Applicant to submit an appropriate landscaping plan which outlines the planting of native vegetation. Landscaping will be required to be implemented prior to the issue of any Section 68 Approval to Operate. Any consent issued will also include requirements to implement appropriate erosion and sedimentation control measures for the duration of works. It is also noted that stormwater generated by the proposed development will be appropriately managed. Stormwater generated in the eastern section of the subject site is to be discharged to the south-western corner of Merool Road / Grimison Road, whilst stormwater drainage from the western catchment is to be discharged through the approved on-site stormwater system and is not to be discharged onto Grimison Road.

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It is noted that the stormwater drainage from the western catchment will connect into the existing approved stormwater drainage works and treatment provisions located on the subject site (approved as DA 012/13 on 1 December 2012). This is considered an appropriate outcome for the site and will limit land degradation from occurring.

Landscape Comment: The proposed development does not propose any native vegetation removal along the riverbank of the Murray River. The Applicant proposes the removal of planted vegetation within the site of the proposed development, however the removal of planted trees from the development footprint is considered to pose a negligible impact to the riverine landscape or riverine processes. The Applicant is required to submit an appropriate landscaping plan which outlines planting of some native vegetation on the site. This is considered an appropriate outcome for the subject site and will provide a quality and environmentally friendly landscape for the entire community to enjoy.

River related uses Comment: The proposed development is located in excess of 500m from the bank of the Murray River, which is considered to be an appropriate outcome for the natural environment. The proposed development is unlikely to intensify the use of riverside land. The application is for a Manufactured Home Estate which is well setback (in excess of 500m) from the Murray River.

Settlement Comment: The site of the proposed development is located on flood free land, and is close to existing services and facilities. The land is not prime crop or pasture land to produce food or fibre. It is therefore considered that the proposed development is consistent with this subclause.

Water quality Comment: The proposed development is unlikely to produce any pollution caused by salts and nutrients entering the River Murray, and will not impede in attempting to improve the quality of water in the River Murray. The proposed Manufactured Home Estate is well setback from the Murray River and will be required to connect to all required services includes sewerage and reticulation water systems. It is also noted that stormwater generated by the proposed development will be appropriately managed. Stormwater generated in the eastern section of the subject site is to be discharged to the south-western corner of Merool Road / Grimison Road, whilst stormwater drainage from the western catchment is to be discharged through the internal stormwater system on the subject site and is not to be discharged onto Grimison Road. It is noted that the stormwater drainage from the western catchment will connect into the existing approved stormwater drainage works and treatment provisions located on the subject site (approved as DA 012/13 on 1 December 2012).

Wetlands Comment: The proposed development is considered to be consistent with this clause and is unlikely to significantly adversely impact upon the Wetland characteristics of the area. Part of the subject site is mapped as Wetlands under the Murray LEP 2011; however no development is proposed to occur on this part of the site. The proposed development is not likely to have any detrimental impact on the riverine environment

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or Murray River and is well set back from the high bank of the Murray River. It is noted that stormwater generated by the proposed development will be appropriately managed. Stormwater generated in the eastern section of the subject site is to be discharged to the south-western corner of Merool Road / Grimison Road, whilst stormwater drainage from the western catchment is to be discharged through the internal stormwater system on the subject site and is not to be discharged onto Grimison Road.

Part 3 Planning requirements and consultation Clause 11 Consultation—who consults and procedure for consultation Comment: Noted.

Clause 12 General provisions for consultation Comment: Noted.

Clause 13 Planning Control and Consultation Table Comment: The proposed development is for a Manufactured Home Estate, and therefore was required to be referred under this Clause to Government agencies and advertised in the local newspaper (Riverine Herald) on two separate occasions. See below for more detail: 18 MANUFACTURED HOME ESTATES Definition: Use of land for manufactured homes requiring an approval under Part 1 of Chapter 7 of the Local Government Act 1993. Planning control:  Prohibited on flood liable land.  Council consent elsewhere.  Advertised. Note. Refer to State Environmental Planning Policy No 36—Manufactured Home Estates. Consultation: CaLM, DoP, DWR, EPA, MDBC, NSW Tourism Commission, and, if adjacent to Murray River, C&NR (Vic) and P&D (Vic).

Clause 14 Building setbacks—special provisions (1) Application Comment: This Clause is applicable under (1)(a).

(2) Building setback Comment: The proposed development is set well back from the River Murray in excess of 500m. This is considered an appropriate outcome.

(3) Objectives of building setback Comment: The proposed development is considered to be consistent with these objectives. The proposed development is appropriately sited away from the Murray River (in excess of 500m), which will ensure that the proposed development maintains

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water quality, minimises hazard risk and the redistributive effect on floodwater associated with the erection of buildings on the floodplain, protects the scenic landscape of the riverine corridor, does not adversely impact on bank stability, and conserves wildlife habitat.

(4) Matters to be considered When determining the location of a building in relation to the River Murray, in addition to the planning principles the following specific matters should also be considered: (a) Effluent disposal Comment: The proposed development will be required to connect to Council’s sewer infrastructure which is considered an appropriate outcome. Any upgrades to this infrastructure will be required to be completed at the landowner’s/Applicant’s expense. No septic tanks are proposed to be installed as part of this application.

(b) Landscaping Comment: The proposed development is set well back from the River Murray in excess of 500 metres, whilst none of the native vegetation which currently forms a significant visual buffer within the riverine landscaping is proposed to be removed as part of the application. It is therefore considered that there is unlikely to be any significant detrimental visual impact caused as a result of this application as it is unlikely that the proposed development will be able to be viewed from the river. The application also includes some landscaping along the buffers situated along the north-east boundary, the Merool Road boundary and the Grimison Road boundary. The north east and Grimison Road landscape buffer areas will be required to accord with NSW RFS requirements. The application is therefore considered to be consistent with this subclause.

3.2(a)(i)c State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Clause 1.3 Aims of Policy Comment: The aims of the Policy are noted. The proposed development cannot be classed as exempt or complying development as it does not meet all of the development requirements. The proposed Manufacture Home Estate requires development consent.

3.2(a)(i)d State Environmental Planning Policy No 36—Manufactured Home Estates Clause 2 Aims and strategies (1) The aims of this Policy are: (a) to facilitate the establishment of manufactured home estates as a contemporary form of medium density residential development that provides an alternative to traditional housing arrangements, and

Comment: It is considered that the proposed development is consistent with this aim. The application seeks permission to establish a Manufactured Home Estate as a contemporary form of medium density residential development in Moama which would provide an alternative to traditional housing arrangements.

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(b) to provide immediate development opportunities for manufactured home estates on the commencement of this Policy, and

Comment: The proposed development is consistent with this aim.

Comment: It is considered that the proposed development is not inconsistent with this aim. The proposed development will allow for the provision of housing in a well designed estate, which is aimed toward a specific market (the over 55 years of age section of the community). It is therefore considered that the proposed development is not inconsistent with the aim of providing affordable housing. The purchasing of a manufactured home within a MHE is realistic for people within the over 55 year old age range as the applicant has stated that it is intended for the proposed MHE to provide an option for retired people to downsize and allow a more flexible lifestyle, whilst still enjoying quality housing and community facilities. It is also noted that the Applicant has submitted appropriate plans outlining the proposed development, including suitable landscaping plans.

(d) to ensure that manufactured home estates are situated only in suitable locations and not on land having important resources or having landscape, scenic or ecological qualities that should be preserved, and

Comment: It is considered that the proposed development is consistent with this aim. The proposed development is situated in a suitable location and not on land which has important resources or having landscape, scenic or ecological qualities that should be preserved. Although Council has received numerous objections to the proposed development, it is considered that the proposal does not create any unreasonable impact and can be approved subject to appropriate conditions of consent.

(e) to ensure that manufactured home estates are adequately serviced and have access to essential community facilities and services, and

Comment: It is considered that the proposed development is consistent with this aim. The proposed Manufactured Home Estate can be adequately serviced by all required services and will have access to essential community facilities and services.

(f) to protect the environment surrounding manufactured home estates, and

Comment: It is considered that the proposed development is consistent with this aim. The proposed MHE is unlikely to adversely impact upon the environment surrounding the estate. The proposed development will be contained within the R1 General Residential zoned portion of the land with no significant adverse impact to terrestrial, aquatic or riverine biodiversity predicted to occur as a result of this proposal. The proposed MHE is unlikely to adversely impact upon the existing built environment of the area. Although the proposed MHE may change the existing dynamic of the locality, it is considered that the proposed MHE is appropriate for the site.

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(g) to provide measures which will facilitate security of tenure for residents of manufactured home estates.

Comment: It is considered that the proposed development is not inconsistent with this aim.

(2) The strategies by which those aims are to be achieved are:- (a) by allowing, with development consent, manufactured home estates on certain land on which caravan parks are permitted if the land meets the suitable locational criteria stipulated in this Policy (which it would not do if, for example, it contains important resources, is subject to natural or man- made risks or has sensitive environmental or ecological features), and

Comment: It is considered that the proposed development is consistent with this aim. The proposed development is consistent with the strategies as the land where the estate is proposed is zoned R1 General Residential, allows the use of caravan parks with consent, and is considered a suitable location for the proposed development.

The subject site is not considered to contain important resources, whilst the proposed development is appropriately sited in excess of 500m from the Murray River, which ensures that the proposed development site is not subject to natural or man-made risks or has sensitive environmental or ecological features.

(b) by applying this Policy to areas where there is likely to be a demand and suitable opportunities for the development of manufactured home estates, and

Comment: It is considered that the proposed development is consistent with this aim. The township of Moama is considered an area where there is likely to be a demand and suitable opportunities for the development of Manufactured Home Estates.

(c) by allowing manufactured home estates to be subdivided with development consent either by way of leases for terms of up to 20 years or under the Community Land Development Act 1989, and

Comment: It is noted that no subdivision of the Manufactured Home Estate is proposed.

(d) by enabling the Minister for Planning to exclude from this Policy any land that is subject to a local environmental plan prepared in accordance with the principles of a direction issued in conjunction with this Policy under section 117 of the Act.

Comment: Not applicable.

Clause 6 Where development for the purposes of a manufactured home estate may be carried out Comment: The proposed use of the site as a MHE is permissible with development consent. Caravan Park is a permitted land use within the R1 General Residential Zone.

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Clause 7 Development consent required for manufactured home estates Comment: The Applicant has applied for development consent. Any development consent will be appropriately conditioned outlining that an approval to operate a Manufactured Home Estate on the land on which the proposed development is to be carried out must be obtained under Part 1 of Chapter 7 of the Local Government Act 1993.

Clause 8 Subdivision of manufactured home estates Comment: Not applicable. The Applicant does not propose to subdivide the subject site.

Clause 9 Matters to be considered by councils (1) A council may grant a development consent pursuant to this Policy allowing development for the purposes of a manufactured home estate only if it is satisfied: (a) that each of the sites on which a manufactured home is or will be installed within the manufactured home estate is or will be adequately provided with reticulated water, a reticulated sewerage system, drainage and electricity, and

Comment: Any development consent granted will be appropriately conditioned outlining the requirement for each manufactured home to be serviced with reticulated water, a reticulated sewerage system, stormwater drainage and electricity. This is considered achievable given the existing services in the area, and the requirement for the Applicant to upgrade any services where necessary.

(b) that the manufactured home estate is or will be provided with adequate transport services, and

Comment: The proposed Manufactured Home Estate is located in Merool Road in close proximity to the centre of Moama and provides adequate transport services. Bicycling, walking and public transport options are available in the area, and the proposed Manufactured Home Estate provides adequate private automobile provisions to facilitate the proposed development. It is therefore considered that the proposed development is consistent with this subclause.

(c) that sufficient community facilities and services, whether situated within or outside the estate, are or will be available and reasonably accessible to the residents of the manufactured home estate, and

Comment: The Application proposes a community amenities building and swimming pool as part of the proposed MHE, which is to be situated within the proposed estate. It is considered that this is an appropriate outcome and will provide adequate community facilities for occupiers of the proposed estate.

(d) that the development will not have an adverse effect on any:  conservation area  heritage item  waterway or land having special landscape, scenic or ecological qualities, which is identified in an environmental planning instrument applicable to the land concerned.

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Comment: It is considered that the proposed development will not likely have an adverse effect on any conservation area or heritage item. The nearest known item of environmental heritage significance is Aboriginal Heritage item I173, which is located approximately 120m from the subject site. It is considered given the setback of this heritage item from the development site, and that the heritage item is on privately owned land, the proposed development is unlikely to adversely impact upon this known heritage item. The proposed development is unlikely to adversely impact upon any watercourse. The site of the proposed MHE is located in excess of 500m from the Murray River which is considered to be an acceptable outcome. The subject land is not known to contain any other special landscape, scenic or ecological qualities.

(2) A council may grant a development consent pursuant to this Policy allowing development for the purposes of a manufactured home estate only after it has considered the following: (a) the cumulative impact of the proposed development and other manufactured home estates in the locality,

Comment: It is considered that the proposed development is unlikely to cause any significant adverse cumulative impact on the location. The proposed MHE will be assessed against the objectives and controls of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 to determine if the proposed design and density of the MHE is acceptable. The subject site contains an approved caravan park, whilst the Murray SLUP labels the locality as a tourist/residential precinct, which the MHE is not inconsistent with. The proposed MHE is located approximately 3km (by public road) from the only current MHE type development in the locality, which is known as ‘Cobb Haven’ on the corner of Boyes Street and Cobb Highway, Moama. The proposed MHE will provide additional manufactured home type residential options for Murray River Council and the wider Echuca/Moama region.

(b) any relevant guidelines issued by the Director,

Comment: Planning Circular PS 05-007 issued on 14 September 2005 informs relevant stakeholders regarding the commencement of updated regulation for caravan parks and moveable dwellings (at the time of the Planning Circular issue). This Planning Circular is noted.

Section 117 Direction 3.2 Caravan Parks and Manufactured Home Estates is not applicable to this Development Application as the Application is not a planning proposal.

Comment: The proposed development is not inconsistent with the Local Government (Manufactured Home Estates) Transitional Regulation 1993.

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3.2(a)(i)e State Environmental Planning Policy No 55—Remediation of Land Clause 2 Object of this Policy Comment: The subject allotment is not listed on the Contaminated Lands Register, and is not considered to be likely to be contaminated.

Clause 7 Contamination and remediation to be considered in determining development application Comment: The subject allotment is not listed on the Contaminated Lands Register for Murray River Council. In accordance with the clause, it is considered the subject land is suitable in its current state for the purpose for which the development is proposed to be carried out.

3.2(a)(i)f State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Clause 3 Aim of Policy Comment: The aim of the policy are noted. This Policy however is not applicable in this instance. A BASIX Certificate is not required as the application is for a Manufactured Home Estate. Manufactured homes are not classed as a ‘building’ under the Environmental Planning and Assessment Regulation 2000, and therefore do not require assessment under this Policy.

Clause 6 Buildings to which Policy applies Comment: A BASIX Certificate is not required as the Application is for a Manufactured Home Estate. Manufactured homes are not classed as a ‘building’ under the Environmental Planning and Assessment Act 1979.

As defined within the Act, building includes part of a building, and also includes any structure or part of a structure (including any temporary structure or part of a temporary structure), but does not include a manufactured home, moveable dwelling or associated structure or part of a manufactured home, moveable dwelling or associated structure.

3.2(a)(i)g State Environmental Planning Policy No 44—Koala Habitat Protection Part 1 Preliminary Clause 3 Aims, objectives etc Comment: The subject land is not considered to be core koala habitat or potential core koala habitat.

3.2(a)(i)h State Environmental Planning Policy No 64—Advertising and Signage Clause 3 Aims, objectives etc. Comment: No signage is proposed as part of the proposed development.

3.2(a)(i)i State Environmental Planning Policy No 21—Caravan Parks Clause 3 Aims, objectives etc. Comment: The proposed development is not inconsistent with this Policy. The subject site currently contains an existing approved caravan park; however the current application is for a Manufactured Home Estate on a vacant section of the subject site. The proposed development will ultimately cater for long term residents.

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3.2(a)(i)j State Environmental Planning Policy (Infrastructure) 2007 Part 1 Preliminary Clause 2 Aim of Policy Comment: The aim of the policy is noted.

Part 3 Development controls Division 5 Electricity transmission or distribution Subdivision 2 Development likely to affect an electricity transmission or distribution network Clause 45 Determination of development applications—other development Comment: The application was referred to Essential Energy in accordance with this Policy.

3.2(a)(i)k State Environmental Planning Policy (Affordable Rental Housing) 2009 Part 1 Preliminary Clause 3 Aims of Policy Comment: This Policy is not applicable to the proposed MHE. Although the proposed development is for a Manufactured Home Estate to be established on the subject site, and proposed to be marketed toward the over 55 age range, Manufactured Home Estates do not apply to this Policy. Relevant Policies which are applicable include the State Environmental Planning Policy No 36—Manufactured Home Estates and Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

3.2(a)(i)l State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Comment: This Policy is not applicable. The applicant has applied for a MHE which has been assessed against State Environmental Planning Policy No 36— Manufactured Home Estates.

3.2(a)(i)m State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007 Comment: Not applicable.

3.2(a)(i)n State Environmental Planning Policy (Rural Lands) 2008 Comment: Not applicable.

3.2(a)(ii) Proposed instruments Comment: At the time of lodgement a proposed Murray LEP 2011 was with the NSW State Government to be gazetted as a legal document. The application is deemed to be consistent with this document. The application has been assessed against the Murray LEP 2011 which was current at time of lodgement.

3.2(a)(iii) Any development control plan Comment: Murray Development Control Plan 2012: Amendment 5 dated 2/2/2016 applies. Chapters 2, 4, 5, 6, 8, 9, 10, 11 and 12 are applicable. Chapters 3 and 7 do not apply.

Chapter 1 Introduction Comment: Noted.

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Chapter 2 Residential Development Subchapter Objectives Controls Comment 2.1 consistent Generally It is considered that the proposed Neighbourhood not development is generally consistent with Character inconsistent the objectives of the subchapter. The application is consistent within the objective of providing a mix of compatible dwelling types. The proposed MHE is to provide manufactured homes within an area containing existing residential area, adding to the housing variety, which currently exists in the locality. It is considered that the proposed development will continue to provide an aesthetically pleasing neighbourhood within the area and will not significantly adversely impact the amenity of the area. The proposed development is classed as higher density development, and is considered to be located within an appropriate location in close proximity to the centre of Moama. It is considered that the proposed development will not adversely impact the existing average/lower residential density development surrounding the site. The subject site already contains an existing higher density tourist and visitor accommodation development (approved caravan park), whilst the site of the proposed development currently contains approval for the expansion of this caravan park (in excess of eighty (80) additional sites). It is noted that the locality also contains numerous approved tourist type developments, which add to the mixed neighbourhood character of the area. The proposed MHE is not inconsistent with these approved uses.

It is noted that the surrounding neighbourhood contains varying allotment sizes. The neighbourhood also contains three existing caravan parks (including the caravan park located on the subject site), a winery with restaurant, and other commercial related development in the form of Moama RSL Club. The

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neighbourhood is therefore not a homogenous low density residential area.

As detailed in the Land and Environment Court case Tresize Investments Pty Limited v Albury City Council [2007] NSWLEC 686 which deals with the application for a MHE within an existing residential area, it is considered that the MHE is not incompatible with the existing character of the area. Although the proposed MHE is not the same as existing housing in the area, the proposed MHE ‘is capable of existing in harmony’.

It is noted that neighbourhood character is not stagnant and constantly changes to meet the demands of a changing community. Various development approvals in the locality have recently been granted consent which contributes to the changing nature of the neighbourhood character in the area. For example, DA 158/15 was approved on 28 April 2015 for the 24 lot subdivision of Lot 1 DP 1206253 which directly adjoins the subject site to the north. Daly Court, Lynn Court, and Clarke Court have also been recently constructed to facilitate new residential development in the area.

It is considered that the proposed development is inconsistent with the objective of ensuring a transition in density from lower to higher density. It is noted however that the subject site contains an existing approval for the expansion of the existing caravan park (in excess of 80 sites). The proposed MHE complies with SEPP 36 and the Regulation, whilst the neighbourhood character is comprised of numerous mixed uses (including residential and tourism) of which the proposed MHE is not inconsistent with.

It is noted that the application is inconsistent with the control relating to proposed higher density development preferred to be located within the blue

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outline on Figure 17 entitled ‘Preferred area for higher density housing in Moama (blue outline)’.

The application is also inconsistent with the control relating to higher density residential development on land zoned R1 that adjoins land zoned R2, of which the subject site is zoned R1 and does adjoin land zoned R2 (across from Merool Road).

In relation to the two inconsistencies of the subchapter detailed above, it is the opinion of Council staff that the intent of these requirements relate to traditional residential subdivisions with dwelling houses (buildings). It is also noted that higher density development is not prohibited in locations outside the blue outline, as this is only classed as a ‘preferred area’ and not the only area for higher density residential type development.

The two above controls are considered minor and do not prevent the granting of consent subject.

Due to the nature of the proposed development, it is considered that the proposed development can be approved subject to appropriate conditions of consent. As detailed above, the proposed MHE adheres to the requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 and SEPP 36, and is located within a mixed use area, containing numerous tourist and residential type uses. Varying types of residential development add to the neighbourhood character of a particular area, therefore proposed residential development which is different to some of the existing residential development in the area is not a reason for refusal. The application is unlikely to pose any signficant adverse impact to the locality in which the subject site relates and

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therefore is considered appropriate. The proposed MHE will provide for additional housing options within Murray River Council which is a positive outcome.

No subdivision of the land is proposed.

The proposed MHE is to be landscaped to not conflict with the existing amenity of the area.

The subject site is located in proximity to public open space areas, public transport routes and commercial centres and it is considered that the proposed development is appropriate for the site.

The scale and bulk of the dwellings within the proposed Manufactured Home Estate is smaller than some surrounding dwelling houses in the area, however this is not considered to be a reason for refusal. The Application complies with SEPP 36 and the Regulation.

Figure 15 - Preferred area for higher density housing in Moama (blue outline)

2.2 Consistent Consistent It is considered that the proposed Streetscape development is consistent with the objectives of the subchapter. It is considered that the proposed development will not significantly adversely impact the existing streetscape, and has the potential to make a positive

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contribution to the streetscape. The Applicant has proposed landscaping of the subject site. The buffers provide the proposed MHE with an appropriate setback and can be densely vegetated to provide effective screening of the development from the view of Merool Road. The applicant will be required to provide a satisfactory final landscaping plan prior to the commencement of any consent issued. The proposed development complies with the design provisions of SEPP 36 and the Regulation. The proposed design will allow for passive surveillance of the proposed MHE and its internal road network, which is considered an appropriate outcome. It is considered unnecessary to require the dwellings within the proposed MHE to face Merool Road or Grimison Road as this has the potential to be inconsistent with SEPP 36 and the Regulation. Orientating dwellings within the proposed MHE to Merool Road or Grimison Road could potentially require rear lane access from within the proposed MHE which would have the potential to reduce the amenity within the estate. The proposal will not create a precedent.

It is considered that the proposed development can be integrated into the existing streetscape and neighbourhood of the area. Although the proposed development is of a higher density than surrounding residential land, the subject site contains an existing caravan park of which the proposed development is not inconsistent with. The location has been designated within the Murray Strategic Land Use Plan as an area for restructuring of lots for development of which the proposed MHE is not inconsistent with. All manufactured homes within the proposed MHE are to be appropriately sited and will be required to adhere to all relevant controls and legislation.

All dwellings within the proposed MHE are to face internally, i.e. dwellings will not face the primary street frontage. It is

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considered in this instance that this is an appropriate outcome. The proposed MHE is to be a self-contained development with community facilities provided as part of the development. The siting of the proposed dwellings ensures that private driveways are not created which directly access Merool Road or Grimison Road which is considered an appropriate outcome. The nature of the proposal necessitates the avoidance of multiple individual driveways onto Grimison Road and Merool Road. The Applicant has proposed landscaping to be established surrounding and throughout the Estate, which is considered an appropriate outcome. It is therefore considered that although the dwellings will not face the primary street frontage, the proposal still complies with the objectives of the subchapter.

One of the submitted dwelling types show that some of the proposed dwellings may include rear or service areas indirectly facing the primary street frontage. The proposed development is considered to be consistent with the objectives of the subchapter, as no dwelling site will directly front the street due to the proposed development having a 10m landscaping buffer between the street and the dwelling sites. These landscaping buffers have the potential to provide screening of the proposed development. The 10m width of the buffer along Grimison Road is considered to provide an appropriate setback between the road and the MHE. The proposed design within the MHE will ensure that dwellings face the internal road network and do not have any rear or service areas of a dwelling facing the internal road network. The rear areas of any dwelling located along Merool Road will be suitably screened by both the 10m setback and the landscaping of the area.

Dwelling sites facing any public road are to be setback a minimum of 10m from the road due to the proposed 10m wide buffer

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between the property boundary and the adjoining dwelling sites.

It is considered that the proposed bulk and scale is compatible with the likely development within this residential/tourist precinct. As detailed above, the proposed MHE is considered to be consistent with the objectives of the subchapter and will add to the diverse range of housing options within Murray River Council.

The dwellings within the proposed MHE are to be constructed out of high quality materials and finishes, along with any fencing associated with the proposal.

No significant native trees or heritage items will be adversely affected by the application.

No residential flat buildings are proposed as part of the proposed MHE. 2.3 Consistent Consistent The proposed development is considered Landscaping to be consistent with the objectives of the subchapter. The proposed landscaping facing the street will contribute to an attractive streetscape, and has the potential to enhance the natural environment within the locality. The proposed development will be required to provide an adequate stormwater management plan which aims to reduce stormwater run-off from proposed dwellings. The proposed landscaping has the potential to contribute to the solar efficiency of dwellings by providing shade when required.

At least 15% of the entire subject site will remain penetrable to water, whilst numerous significant native trees will remain on the subject site.

The Applicant will be required to provide a detailed landscaping plan outlining the proposed use of native plant species. The width of the buffers enables the proposed development to be appropriately located on the site. It is also noted that the

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properties surrounding the proposed MHE are sparsely vegetated, including properties within Daly Court and Lynn Court. The MHE will also be landscaped internally.

Deciduous species of trees are able to be used in open space areas of dwellings which are located on the northern side of dwelling living areas. 2.4 Private Consistent Consistent It is considered that the proposed Open Space development is consistent with the objectives of the subchapter. All proposed dwelling sites are to comply with all relevant requirements (including size of sites) as outlined in the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. This will ensure that all objectives of the subchapter are complied with.

Controls relating to higher density development apply in this instance. At least 20m2 per dwelling of private open space will be required to be provided to all dwelling sites, which complies with the relevant control. Private open space will be available in close proximity to the main living area of each dwelling, whilst it is considered that each principal private open space area can receive a minimum of three hours direct sunlight between 9am and 3pm at the Winter Solstice. 2.5 Building Consistent Consistent Although no dwelling houses are proposed Setbacks (therefore the controls are technically not applicable), it is considered that the

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proposed development is consistent with the objectives of the subchapter.

The proposed development will continue to provide for an attractive landscape in the area, whilst it is considered that the proposal will not significantly adversely impact upon the existing neighbourhood character of the area. The proposed MHE will be required to adhere to all relevant controls outlined within the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, including setbacks. 2.6 Car Parking Consistent Consistent It is considered that the proposed and Access development is consistent with the objectives of the subchapter. The submitted plans allow sufficient on-site parking for residents and their visitors, whilst safe movement of vehicles within the site can be achieved. The proposed car parking for all dwelling sites along with visitor parking spaces complies with the requirements outlined within the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. Adequate room is available in the event the occupiers wish to construct a double carport.

The proposed development has been designed so that all on-site vehicle movements (apart from manoeuvring) can be completed in a forward direction, whilst manoeuvring areas within the site are designed to minimise the number of vehicle movements, and particularly rearward movements.

The proposed MHE does not adversely conflict with the existing constructed caravan park use on the site, as the site of the proposed MHE has not been designated as a car parking area for the existing caravan park on site.

There may potentially be issues with historic existing approvals relating to the

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subject site (the caravan park was originally approved on 20 March 1979), however the submitted application does not relate to these approvals (with the exception that any consent issued will include a deferred commencement condition requiring DA 258/05 to be surrendered).

It is therefore considered that the proposed development complies with all relevant controls and objectives within the subchapter. 2.7 Site Consistent Consistent The proposed development is consistent Facilities with the objectives and controls of this subchapter. Any site facilities within the proposed MHE are unlikely to detract from the public aesthetics of the locality or the existing residential amenity. The proposed MHE is to be self-contained and will be provided with an internal garbage collection system. External storage areas and clothes drying facilities for each dwelling can be located within private open space. Any required mail boxes can be appropriately sited to ensure compliance with the controls. 2.8 Security Consistent Consistent The proposed development is considered to be consistent with the objectives and controls of this subchapter. The proposed design is considered to be of a high quality to enhance residents’ feelings of safety and security, whilst the design layout will allow surveillance of common spaces within the MHE by residents. It is considered that the proposed development is not inconsistent with the objective of providing environments which reduce opportunistic crime.

It is considered that the proposed site layout has the potential to enhance personal safety and minimises the potential for fear, crime and vandalism, whilst the design of proposed dwellings has the potential to enable residents to survey internal streets, public areas and dwelling entries to enable surveillance of the neighbourhood to take place.

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Adequate lighting will be required to be provided for all paths, access ways, parking areas and building entries, whilst private open space for each dwelling will only be accessed from within the dwelling site (i.e. not accessible directly from the street or other public space). 2.9 Privacy Consistent Consistent The proposed development is considered to be consistent with the objectives and controls of this subchapter. The privacy and amenity of neighbouring properties will not be significantly adversely impact upon. Residents within the proposed MHE will be afforded with appropriate levels of privacy and amenity.

All dwellings within the proposed MHE are to be single storey in height, unless additional approval is sought.

No balcony, deck, patio, pergola, terrace or verandah with a floor level more than 1 metre above ground level (existing) is proposed. 2.10 Energy Consistent Consistent Although no buildings are proposed, it is Efficiency considered that the proposed development is consistent with the intent of the objectives and controls of this subchapter. The proposed MHE has been appropriately designed in order to orientate dwellings to make appropriate use of solar energy where practical and will ensure energy efficiency of existing dwellings is not unreasonable reduced. As manufactured homes are not classed as ‘buildings’, no BASIX Certificate is required in this instance. 2.11 Consistent Consistent The subject development does not Outbuildings propose any outbuildings. 2.12 Rich River Not Not The subject land is not located with the Golf Club applicable applicable Rich River Golf Club.

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Comment: It is considered that the proposed development is not inconsistent with the objectives of this chapter. Whilst there is not a specific subchapter within the Murray DCP 2012 relating to Manufactured Home Estates, it is considered that the proposed development is compatible with the locality. Any proposed MHE within a R1 General Residential zone is assessed on its merits, which has been done in this case, and it is considered that the subject proposal is appropriate for the site. The proposed Manufactured Home Estate has the potential to provide a wider range of housing options within Moama and is unlikely to create any significant adverse impact on adjoining neighbours. Any development consent can be appropriately conditioned to minimise any impact occurring to the amenity of the location. The proposed development is considered to be compatible with the mixed residential/tourist character of the area and is consistent with the desired density of the Moama urban area.

Chapter 3 Industrial Development Comment: Not applicable.

Chapter 4 Commercial Development Comment: Although the proposed development is of a commercial nature, this Chapter does not apply as it is aimed towards commercial development of a retail type nature. It is noted that assessment of the application against relevant legislation and controls has been provided throughout this report.

Chapter 5 Tourist Accommodation Comment: It is considered that the proposed development is not inconsistent with this Chapter. The application does not adversely impact upon the existing approved and constructed caravan park on the subject site, but instead is proposed to provide permanent living options within a previously undeveloped part of the subject site.

Chapter 6 Strategic Land Use Plan Comment: It is considered that the proposed development is consistent with Council’s Strategic Land Use Plan (SLUP) which supports infill development. The area is marked as a Tourist/Residential area under the Murray SLUP, whilst the area encourages restructuring of lots for urban development through provision of services. The proposed development is consistent with this criterion. The Manufactured Home Estate will be able to be connected to all required services and is unlikely to create any significant adverse impact upon the natural environment or existing amenity of the area. A MHE is permitted with consent on the subject land.

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Figure 16 - Moama Structure Plan

Chapter 7 Subdivision Comment: No subdivision of the subject site is proposed. The application is for the establishment of a MHE.

Chapter 8 Urban Release Areas This chapter of the DCP applies to land shown on the Urban Release Area (URA) Map of the Murray Local Environmental Plan 2011 (“the LEP”). This land is essentially the ‘greenfield’ development area to accommodate the future growth of Moama over the next 15 to 20 years.

The overall objective of the chapter is to ensure the logical and cost-effective development of future urban land.

The chapter is in response to the direction of the Department of Planning and Infrastructure for Council to include Part 6 in the LEP relating to Urban release areas. Clause 6.3 of Part 6 prevents any development within the URA unless in accordance with a DCP that addresses a range of development matters. These requirements duplicate many of those already required by other chapters of the DCP. Consequently compliance with the DCP requirement of Clause 6.3 can be achieved by simply cross- referencing to the relevant section of other chapters in the Murray Development Control Plan 2012.

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URA DCP Requirement Requirements for Comment Compliance A staging plan for the timely Satisfactory Not applicable. No subdivision is and efficient release of response to Section proposed. urban land making 7.3 of Chapter 7 of provision for necessary this DCP. infrastructure and sequencing. An overall transport Satisfactory Although no subdivision is proposed, movement hierarchy response to Section it is considered that the proposed showing the major 7.4 of Chapter 7 of development is consistent with this circulation routes and this DCP. requirement. The proposed MHE can connection to achieve a be accessed by a range of transport simple and safe movement modes, including private vehicles, system for private vehicles, public transport, pedestrians and public transport, cyclists, whilst it is considered that pedestrians and cyclists. the internal movement network is appropriate. The subject site is located in close proximity to the centre of Moama and contains an existing caravan park on site. The surrounding area contains established residential development therefore sufficient services are available in the area. An overall landscaping Satisfactory Although no subdivision is proposed, strategy for the protection response to Section it is considered that the proposed and enhancement of 7.7 of Chapter 7 of development is consistent with this riparian areas and remnant this DCP. requirement. The Applicant has vegetation, including proposed landscaping to form part of visually prominent the application; whilst the proposed locations, and detailed development will be located in landscaping requirement excess of 500m from the riparian for both public and private area onsite. No native vegetation domain. from this riparian area is proposed to be removed. As such, the riparian area is unlikely to be adversely impacted. Any development consent granted will include a condition of consent requiring a detailed landscaping plan to be prepared, submitted and approved prior to the use of the MHE.

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A network of passive and Satisfactory Although no subdivision is proposed, active recreational areas. response to Section it is considered that the proposed 7.6 of Chapter 7 of development is consistent with this this DCP. requirement. The proposed MHE includes a community facility at concept stage which will provide appropriate recreational opportunities for the proposed development. The Applicant has also proposed substantial landscaping, along with pedestrian/cycling paths around the proposed MHE. This is considered an appropriate outcome. It is noted that the Moama North West Master Plan does not apply to the subject site. Stormwater and water Satisfactory Although no subdivision is proposed, quality management response to Section it is considered that the proposed controls. 7.9 of Chapter 7 of development is consistent with this this DCP. requirement. The proposed development is to be serviced by an appropriate stormwater system which complies with all required legislation and does not adversely impact the natural or built environment. Stormwater generated by the proposed development will be managed on-site within two detention dams. Stormwater from the western catchment on the site is to be discharged into the approved on-site stormwater system and will not be permitted to discharge onto Grimison Road, which will form a condition of consent and is considered an appropriate outcome. Stormwater generated by the eastern catchment is to be discharged to the south- western corner of Merool Road / Grimison Road. The Applicant will be required to provide detailed stormwater plans prior to any works commencing on the subject site. Amelioration of natural and Satisfactory Although no subdivision is proposed, environmental hazards, response to Section it is considered that the proposed including bushfire, flooding 7.10 of Chapter 7 of development is consistent with this and sire contamination and, this DCP. requirement. The site of the proposed in relation to natural development is not constrained by hazards, the safe flooding. The application was occupation of, and the integrated with NSW RFS as part of

This is Page No. 89 of the Director Planning Environment & Economic Development Report submitted to the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 8 August 2017 at the Riverside Reception Centre, 15 Murray Street, Barham. 0271 evacuation from, any land the subject site is mapped as Bush so affected. Fire Prone Land whilst the application is for a special fire protection purpose under the Rural Fires Act 1997. NSW RFS did not object to the granting of consent and did not require any conditions placed on any consent issued. The subject site is not mapped as contaminated land on Council’s Contaminated Lands Register and is not likely to be contaminated. Detailed urban design The only “significant The subject land does not contain controls for significant development sites” any significant sites. development sites. within the URA is land zoned B2 north of the Perricoota Road/Cobb Highway intersection. Satisfactory response to Chapter 4 of this DCP. Measure to encourage Satisfactory The proposed development higher density living around response to Section satisfactory responds to Section 2.1 transport, open space and 2.1 of Chapter 2 of of Chapter 2 of the Murray DCP service nodes. this DCP. 2012. The proposed MHE will provide higher density living options within a site which contains an existing caravan park and which is located in close proximity to the centre of Moama. It is considered that the proposed development does not significantly adversely impact the existing neighbourhood character and amenity of the area. Measures to accommodate Satisfactory Not applicable. and control appropriate response to Section neighbourhood commercial 4.1 of Chapter 4 of and retail uses. this DCP. Suitably located public Satisfactory Although no subdivision is proposed, facilities and services, response to it is considered that the proposed including the provisions for Sections 7.4 and 7.5 development is not inconsistent with appropriate traffic of Chapter 7 of this this requirement. The Applicant has management facilities and DCP. provided a Traffic Impact parking. Assessment report to support the proposed development. The proponent will be required to provide suitably upgrades to road infrastructure to cater for the proposed development to improve

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vehicular infrastructure. The application includes community facilities for residents of the proposed MHE, whilst the locality contains adequate existing public facilities to cater for increased residential development. The Applicant/landowner will be required to provide appropriate contributions in order to expand existing services to ensure the proposed development can be appropriately serviced.

Chapter 9 Vegetation Removal This chapter of the DCP applies to vegetation removal and should be read in conjunction with sections 5.9 and 5.9AA of the LEP.

Section 5.9 of the LEP relates to the “preservation of trees or vegetation”. It requires a development application to be lodged to “ringbark, cut down, top, lop, remove, injure or wilfully destroy” certain species of trees or vegetation nominated in a DCP.

The purpose therefore of this chapter is to prescribe the species of tree and vegetation to which Section 5.9 of the LEP applies.

For the purpose of Clause 5.9 of the LEP, trees which meet the following criteria are prescribed:

(1) located in one of the following zones or areas: RU5- Village R1- General R2 – Low Density R5- Large Lot Residential Residential Residential B2- Local Centre B6- Enterprise IN1- General SP1- Special Corridor Industrial Activities SP2- Infrastructure SP3- Tourism E3- Environmental Management within riparian land as defined under clause 7.5 of the LEP Comment: The site of the proposed development is zoned R1 General Residential.

(2) is five metres or more in height; or trunk diameter of 20cm or more one metre above the ground and;

Comment: Noted. Two of the existing spotted gums (Corymbia Maculata) located on the subject site are five metres or more in height.

(3) is of the following species: Acacia pendula Weeping Myall Allocasuarina iuehannii Bulloak Brachychiton acerfolius Flame Tree Brachychiton populneus Kurrajong Callitris glaucophylla White Cypress Pine

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Callitris gracilis Murray Cypress Pine Corymbia Maculata Spotted Gum Corymbia Ficifolia Red Flowering Gum Eucalyptus camaldulensis River Red Gum Eucalyptus largeiflorens Black Box Eucalyptus microcarpa Grey Box Jacaranda mimosifolia Blue Jacaranda Lagerstroemia species Crape Mrytle Ulmus species Elms

Comment: The site of the proposed development contains planted native and exotic vegetation along with two (2) mature Corymbia Maculata (Spotted Gums) near the existing tennis courts. The entire subject site contains significant native vegetation, which is located on land adjoining the Murray River and within the existing constructed caravan park. The Applicant proposes to remove a number of planted trees along with the two mature Spotted Gums within the site of the proposed development, however no native vegetation along the Murray River is proposed to be removed. The removal of two of the existing spotted gums (Corymbia Maculata) which were planted on the subject site require development consent in order to be removed.

The proposed removal of two spotted gums along with other tree varieties not listed in Council’s DCP will not adversely impact upon the natural environment. It is considered that the proposed development is not likely to have a significant effect on threatened species, populations or ecological communities, or their habitats. The site of the proposed MHE is a heavily disturbed site and as such the proposed development is unlikely to create any significant adverse effect.

It is considered that the proposed development is consistent with the objective of this subchapter, with the removal of the two mature Spotted Gums justified in this instance due to the substantial housing created as a result of the application. The amenity of the area will not be unreasonably adversely impacted upon by the proposed development, whilst the proposal also includes landscaping to support the natural environment and to minimise any significant adverse impact to the amenity of the area. Any landscaping implemented will be required to accord with the requirements of NSW RFS.

It is noted that the land containing the existing caravan park, which contains numerous significant native trees, will not be affected by the proposed development. No removal of native vegetation from this section of the site will be permitted with any consent given for this current development application. The proposed development will be appropriately landscaped with native tree varieties, and will provide further residential opportunities for Murray River Council. It is considered that the proposed removal of two spotted gums which requires consent from the site of the proposed MHE is justified, and the particular circumstances will minimise any significant adverse impact to the natural environment or amenity of the area.

For trees and vegetation not covered by this chapter the relevant provisions of the:  Native Vegetation Act 2003  Threatened Species Conservation Act 1995  National Parks and Wildlife Act 1974

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still apply and consideration to applicable clauses within the LEP are still relevant to tree and vegetation removal required as part of a development application.

Comment: Noted. The removal of non-native trees not listed in the Murray DCP 2012 does not require development consent.

NOTE: Although a particular species of tree or vegetation is nominated above, development consent may not be required to ringbark, cut down, top, lop, remove, injure or wilfully destroy it in certain circumstances. Reference should be made to Section 5.9 of the LEP to ascertain these circumstances and clarification sought from Council if necessary. Under Section 5.9AA of the LEP consent is not required to ringbark, cut down, top, lop, remove, injure or destroy any tree or other vegetation not nominated in the above list.

Comment: Noted.

Chapter 10 Watercourses & Riparian Land Comment: Although part of the subject site is mapped as Riparian Land, the site of the proposed development is located in excess of 500m from the bank of the Murray River and therefore this Chapter is not applicable. It is noted however that the proposed development is not inconsistent with the objectives and controls of this Chapter.

Chapter 11 Flood Prone Land Comment: Part of the subject site is mapped as Flood Prone Land; however the site of the proposed development is not mapped as Flood Prone Land. It is therefore noted that the proposed development is not inconsistent with the objectives and controls of this Chapter.

Chapter 12 Notification Policy Comment: The Application was notified in accordance with the requirements of this Chapter. Thirty-eight (38) public objections were received.

3.2(a)(iiia) Any Planning Agreements Comment: No planning agreements exist.

3.2(a)(iv) The regulations Comment: The regulations have been considered and complied with during the assessment of this Development Application.

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 Part 1 Preliminary Clause 3 Object The object of this Regulation is to provide opportunities for affordable alternatives in short-term and long-term accommodation: (a) by continuing in force (in amended form) the standards for the design of manufactured home estates, caravan parks and camping grounds established by the former Regulations, and

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Comment: It is considered that the proposed development is generally in accordance with this object.

(b) by continuing in force (in amended form) the standards for the design and construction of manufactured homes and other moveable dwellings and for their siting established by the former Regulations, and

Comment: It is considered that the proposed development is generally in accordance with this object.

(c) by continuing in force (in amended form) the standards to promote the health, safety and amenity of the occupiers of manufactured homes and other moveable dwellings established by the former Regulations.

Comment: It is considered that the proposed development is generally in accordance with the object of this Regulation. The proposed MHE will provide additional housing opportunities within a suitable location of Moama.

The Application is consistent with the requirements and standards of the current regulations in relation to the design of MHE, design and construction of manufactured homes and other moveable dwellings and their siting, and in the promotion of the health, safety and amenity of the occupiers of manufactured homes and other moveable dwellings.

Part 2 Manufactured home estates and manufactured homes Division 2 Approvals and exemptions Subdivision 1 Operation of manufactured home estates Clause 6 Factors for consideration before approval is granted (1) The council must not grant an approval to operate a manufactured home estate unless it is satisfied that the manufactured home estate will be designed, constructed, maintained and operated in accordance with the relevant requirements of Division 3.

Comment: The proposed MHE is to be designed, constructed, maintained and operated in accordance with the relevant requirements of Division 3 and thus is considered appropriate for the site.

(2) In deciding whether or not the approval for the manufactured home estate should allow the installation of a manufactured home on flood liable land, the council must have regard to the principles contained in the Floodplain Development Manual.

Comment: The proposed MHE is located on flood free land, which is consistent with this clause. The proposed MHE will provide additional housing options for the Murray River Council community and is unlikely to significantly adversely impact upon the amenity of the location or the natural environment.

Clause 7 Matters to be specified in approval In addition to any other matters it must contain, an approval to operate a manufactured home estate must specify, by reference to a plan, the number, size and location of the dwelling sites allowed by the approval.

Comment: Noted. The submitted plans are in accordance with this requirement.

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Clause 8 Conditions of approval An approval to operate a manufactured home estate is subject to the condition that the manufactured home estate is designed, constructed, maintained and operated in accordance with the requirements of Division 3.

Note. The council may also impose conditions on the grant of an approval under section 94 of the Act.

Comment: Noted. The application has been assessed against Division 3 and is considered to be in accordance with the requirements. Please see Division 3 section of this report for more detail.

Subdivision 2 Installation of manufactured homes and associated structures in manufactured home estates Note. Section 68 of the Act prohibits a person from installing a manufactured home or associated structure on land without the prior approval of the council, except in so far as the regulations (among other instruments) allow a manufactured home or associated structure to be installed without that approval. Section 626 makes it an offence to fail to obtain such an approval. Breach of the conditions on which the installation of a manufactured home or associated structure is allowed constitutes an offence under section 627 of the Act.

Clause 9 Conditional exemption Comment: Noted.

Clause 10 Installation on flood-liable land Comment: Part of the entire subject site is mapped as Flood Prone Land, however the location of the proposed MHE is not mapped as Flood Prone Land.

Clause 11 Installation of manufactured home or associated structure of more than one storey Comment: The Applicant has not advised what size manufactures homes are proposed for the site. Any structure of more than one storey will be required adhere to all relevant requirements including seeking additional consent for their installation.

Division 3 Manufactured home estates Subdivision 1 Land and dwelling site requirements Clause 12 Minimum size of estate Comment: The entire subject site has a total area of 10.73ha while the site of the proposed MHE is in excess of one (1) hectare, being approximately 2.8ha.

Clause 13 Community amenities Comment: The proposed MHE includes a large community amenities area, of which is at least 10 per cent of the entire estate. It is also noted that the entire subject site includes the existing Shady River Caravan Park Resort which in itself includes additional community amenities.

Clause 14 Size of dwelling sites

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Comment: All ninety-two (92) proposed dwelling sites have an area of at least 130 square metres. The proposed sites range from 147m2 to 170m2 which is an appropriate outcome. Clause 15 Site identification Comment: All of the ninety-two (92) proposed dwelling sites are numbered and site boundaries clearly delineated on the submitted plans. Any development consent issued will be conditioned outlining the requirement for each dwelling site on the land to be numbered or identified and its site boundaries clearly delineated via some form of fencing etc.

Subdivision 2 Setbacks Clause 16 Dwelling sites to have road frontage Comment: All of the ninety-two (92) proposed dwelling sites have vehicular access to an access road.

Clause 17 Setbacks of community buildings Comment: The proposed community amenities structure and swimming pool are located at least 10m from the boundary of any dwelling site, which is considered an appropriate outcome.

Clause 18 Setbacks of dwelling sites from road frontages Comment: All proposed dwelling sites are located at least 10m from Merool Road or Grimison Road.

Clause 19 Use of buffer zones Comment: Noted. Buffer zones along Merool Road, Grimison Road, and the north- eastern property boundary are to be landscaped with native vegetation, whilst the 10m wide buffer along Grimison Road will include a cycling/pedestrian path. This is considered an appropriate outcome.

Subdivision 3 Roads Clause 20 Entrance and exit roads Comment: The submitted plans propose vehicular access to the entire site to be provided from Grimison Road. Any development consent will be appropriately conditioned outlining the requirement for the entrance road to be a minimum of 8m wide.

Clause 21 Width of roads (1) The width of the road reserve must be: (a) at least 8.5 metres for a major access road, and (b) at least 6 metres for a minor access road. (2) The width of the sealed portion of an access road must be: (a) at least 6 metres for a major access road, and (b) at least 4 metres for a minor access road. (3) If a minor access road exceeds 80 metres in length, a passing bay or bays must be provided within the road reserve. (4) Passing bays must be provided at intervals of not more than 100 metres. (5) The width of the sealed portion of an access road at any point at which there is a passing or parking bay must be: (a) at least 8.5 metres for a major access road, and

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(b) at least 6 metres for a minor access road

Comment: The submitted plans show road reserves for major access roads are to have a width of 8.5m, and the width of minor access roads are to be 6m, which complies with the requirements. It is noted however that the submitted plans show the two outer north-west roads linking the two major roads as being minor roads. As a result of the assessment of the application, Council staff determined that it is appropriate to require amended plans to show these two link roads as major roads, as Council staff interpret that these roads form part of the major roads outlined.

Clause 22 Speed restrictions as part of road design Comment: It is considered that the proposed access roads have been so designed as to limit the speed at which vehicles may travel on them to 30kmh for major access roads, and 15kmh for minor access roads. Any development consent issued will be conditioned outlining the requirement for all roads to be provided with appropriate speed limit signage to ensure that speed restrictions can be enforced.

Clause 23 Visitor parking Comment: The proposed MHE includes ninety-two (92) dwelling sites. The submitted plans show thirty-two (32) visitor vehicle parks, which is in accordance with the requirements of the regulations. It is noted that the site of the proposed MHE has not been designated as an official car parking space for the existing constructed caravan park on the site originally approved. Any issues associated with historic approvals relating to the existing caravan park are not part of the assessment of this application. Any development consent will be conditioned outlining the requirement for each visitor car parking space to have minimum dimensions of 4 metres by 2.5 metres, in the case of angle parking, and 6.1 metres by 2.5 metres, in any other case. All visitor parking spaces will also be required to be clearly identified as such.

Clause 24 Visitor parking for people with disabilities Comment: The submitted plans do not outline any visitor parking spaces for people with disabilities, therefore any consent issued will include a relevant condition to address this, as at least one (1) is required. Any development consent issued will be conditioned outlining the requirement for the visitor carparking space for people with disabilities to be provided in accordance with AS/NZS 2890.1:2004, Parking facilities— Off street parking. The visitor parking space for people with disabilities will also be required to be clearly identified as such.

Clause 25 Road surfaces Comment: Any development consent issued will be conditioned outlining the requirement for all access roads, along with all parking bays, to be sealed with all- weather bitumen and adapted to the topography to allow for adequate stormwater drainage and to eliminate excessive grades.

Clause 26 Lighting Comment: Any development consent issued will be conditioned outlining the requirement for the developer to provide appropriate lighting.

Subdivision 4 Utility services Clause 27 Water supply

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Comment: Any development consent issued will be appropriately conditioned, outlining the requirements to conform to this clause. The proposed MHE is to be connected to Council’s filtered water supply in accordance with Council’s Engineering Department requirements. Each dwelling site must be connected to the water supply service for the manufactured home estate, and must be provided with a separate water meter and a separate water service isolating valve. The water supply service will be required to comply with the Plumbing and Drainage Act 2011 and any regulations under that Act, and the requirements of any relevant statutory body. The water supplied for human consumption or domestic purposes will be required to comply with the Australian Drinking Water Guidelines published in 2004 by the National Health and Medical Research Council.

Clause 28 Sewerage Comment: The proposed MHE will be required to connect to Council’s sewer infrastructure. Any development consent issued will be appropriately conditioned outlining this, along with being required to meet the requirements of this Clause.

Clause 29 Drainage Comment: The proposed MHE can be adequately provided with a stormwater drainage system. The Applicant has provided details regarding the capacity of the existing dams on the site, and proposed stormwater drainage techniques to service the proposed MHE. Council’s Engineering Department did not object to the granting of consent subject to appropriate conditions of consent being placed on any consent received. All dwelling sites within the proposed MHE will be able to connect to the stormwater drainage system for the manufactured home estate once approved.

Clause 30 Electricity supply Comment: The requirements of this clause will form a condition of any development consent issued for the proposed development.

Clause 31 Telephone lines Comment: Telephone services are available to the proposed MHE. Any development consent issued will be conditioned outlining the requirement for each dwelling site to have access to a telephone connection.

Clause 32 Common trenches Comment: Common trenches are permitted to be used as part of the proposed development.

Subdivision 5 General Clause 33 Garbage removal Comment: Any development consent issued will be appropriately conditioned, outlining the requirement that all dwelling sites within the proposed Manufactured Home Estate are to be serviced by the removal of garbage and for the maintenance of garbage receptacles in a clean and sanitary condition.

Clause 34 Fire hydrants Comment: Any development consent issued will be appropriately conditioned, outlining the requirement for the proposed development to conform to the requirements of this clause.

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Clause 35 Buildings Comment: The submitted plans outline a community amenities building along with a swimming pool to be incorporated into the proposed MHE. Any development consent issued would be for the approval of the community amenities building and swimming pool in concept only.

The erection of the community amenities building and swimming pool proposed will be subject to additional development consent being granted. No other buildings are proposed. It is noted that a manufactured home is not a ‘building’ as defined under the Local Government Act 1993. See below: building includes part of a building and any structure or part of a structure, but does not include a moveable dwelling or associated structure or part of a moveable dwelling or associated structure.

Clause 36 Use of manufactured home estates Comment: Any development consent issued will be appropriately conditioned, outlining the requirement for the proposed development to conform to the requirements of this clause.

Clause 37 Community map Comment: The requirement for the Applicant to provide Council with a community map after any consent is issued will form a condition of any development consent issued.

Clause 38 Access to approval and community map Comment: Any development consent will be appropriately conditioned which outlines that the holder of an approval to operate the Manufactured Home Estate must ensure that copies of the approval for the Manufactured Home Estate, the current community map, and the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 be readily available for inspection without cost by any person in a location in the Manufactured Home Estate which is central and easily accessible.

Part 3 Caravan parks, camping grounds and moveable dwellings Division 3 Caravan parks and camping grounds Subdivision 3 Roads Clause 92 Entrance and exit roads Comment: It is noted that the proposed new entrance off Grimison Road which is to service both the existing caravan park and proposed MHE complies with the road requirements for caravan parks.

3.2(a)(v) Coastal Zone Management Plan Comment: Not applicable for this application.

3.3 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

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Environmental Impacts

Natural Environment The proposed development is not likely to create any significant adverse or detrimental impact onto the natural environment. The majority of the site proposed to be used as a MHE is cleared of any native vegetation, whilst the land proposed to be used as a Manufactured Home Estate is not mapped as Bush Fire Prone Land or Flood Prone Land. The proposed development is unlikely to create any soil erosion on the site and can be appropriately conditioned to ensure the natural environment is protected. Stormwater generated by the proposed development can be appropriately managed.

Built Environment It is considered that the proposed development is unlikely to cause any significant adverse impact on the built environment. The proposed development will be screened through landscaping buffering and is respectful of the character of the area which is comprised of a range of modern and older building styles from different eras. The proposed development will compliment the diverse streetscape of the Merool Road/Grimison Road tourism/residential precinct. It is therefore considered that the proposed development is appropriate for the location and will not have a significantly detrimental impact upon the built environment.

Numerous public objections to the proposal were received by Council during the notification of the application. Issues which were raised included that the proposed development will cause adverse impacts to the amenity of the area. It is acknowledged the application has the potential to cause impact upon the amenity of the area, however the overall advantages of the application and compliance with the vast majority of requirements deems it unreasonable to refuse the application on this basis. The application is unlikely to significantly adversely impact upon the locality. Issues such as overshadowing or privacy of neighbouring properties are avoided as part of the design of the MHE, whilst subsequent proposed manufactured homes will be required to adhere to all design guidelines, and therefore are not considered to have unreasonable privacy impacts nor cause adverse overshadowing.

Manufactured Home Estates by default are permitted with consent in the R1 General Residential Zone as Caravan Parks is a permitted land use on the land. Any significant adverse visual impact created by the proposed Estate can be mitigated by landscaping proposed along property boundaries. Merool Road is able to be utilised for a landscaping buffer area, as proposed by the applicant. The proposed development is considered a suitable development which is not incompatible with the existing residential and tourist uses along the Merool Road area. The proposal is acceptable in terms of traffic and parking impact upon the area. It is also noted that the proposed development will be connected to all required town services.

Amenity It is considered that the proposed development will not significantly adversely impact upon the existing amenity of the locality.

The following checklist, taken from Chapter 12 of the Murray Development Control Plan 2012, will be utilised to assess amenity.

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Amenity Checklist a) views to and from the land;

Comment: It is considered that the proposed development is not inconsistent with this requirement. Any potential visual impact will be minimized by landscaping buffers surrounding the proposed development, therefore views to the land are unlikely to be adversely impacted. No impact of views from the land are predicted to occur.

b) overshadowing;

Comment: The proposed development is unlikely to not produce any adverse overshadowing on adjoining properties. All dwellings within the proposed MHE are required to be setback in accordance with the requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. The prior approval of Council is required for any subsequent manufactured homes of more than one (1) storey. If any application is received for 2 storey manufactured homes, Council will be required to address overshadowing and privacy issues under the Regulations.

c) privacy;

Comment: The proposed development is unlikely to produce any adverse privacy concerns. All dwellings within the proposed MHE are required to be designed and setback in accordance with the requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. The proposed MHE will not adversely impact the privacy of adjoining properties.

d) air pollution, in terms of dust, odour, smoke and the like;

Comment: It is considered that the proposed development is not inconsistent with this requirement. Similar to other residential developments (such as residential subdivisions for example), the proposed MHE will be required to adhere to relevant State and local legislation. The proposed MHE is unlikely to cause any significant air pollution.

e) noise;

Comment: It is considered that the proposed development is not inconsistent with this requirement. Similar to other residential developments (such as the recently approved residential subdivisions adjoining the subject site which has increased the number of residents in the area), the base noise level of the subject site is likely to increase (due to the addition of residents) however this is not considered to be an unreasonable outcome or of a significant level. Residents within the proposed MHE will be required to adhere to relevant State and local legislation.

f) the visual quality of the building in relation to the streetscape;

Comment: It is considered that the proposed development is not inconsistent with this requirement. Dwellings within the proposed MHE are required to adhere to the design requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 which will limit any adverse impact upon the visual amenity of the area. Native landscaping will be required

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to be provided, which is considered an appropriate outcome. It is noted that no buildings are proposed, as manufactured homes do not fit the definition of a ‘building’ as defined in the legislation.

g) the scale or bulk of the proposed building;

Comment: The scale of the proposed development will be inconsistent with immediate adjoining properties, however the application meets the requirements of the Regulations and is considered acceptable in this instance. The subject site also contains an existing caravan park whilst the neighbourhood contains two additional caravan parks. Dwellings within the proposed MHE are required to adhere to the design requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 which will minimise impact upon the visual amenity of the area. All dwellings are to be appropriately setback in accordance with the requirements of the Regulation. Native landscaping will be provided which is considered an appropriate outcome.

h) the siting of the proposed development in relation to the site boundaries;

Comment: It is considered that the proposed development is not inconsistent with this requirement. Dwellings within the proposed MHE are required to adhere to the setback requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 which will limit any adverse impact upon the amenity of the area.

The 10m wide landscape buffers will provide an appropriate barrier between the proposed development and Merool Road and Grimison Road. This is considered an appropriate outcome.

i) hours of use;

Comment: The proposed development is for a manufactured home estate, in which dwellings are to be occupied permanently. This is similar to adjoining residential development in the locality and therefore is not likely to cause any significant adverse impact to the locality.

j) light spillage or reflection;

Comment: It is considered that the proposed development is not inconsistent with this requirement. Internal roads within the proposed MHE are required to be adequately lit between sunset and sunrise, in accordance with the Regulation. This is not dissimilar to adjoining residential estates which contain appropriate street lighting.

k) means of access to or provision of parking on the development site;

Comment: The proposed development is consistent with this requirement. The Applicant has provided a design layout of the proposed MHE which provides appropriate provision of car parking on the site. The carparking accords to the requirements of the Regulation (with the exception of a visitor carparking space for people with disabilities which will be required to be constructed on site). It is also noted that the proposed development does not conflict with the existing constructed caravan park located on the site in terms of car parking requirements.

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l) proposed changes to any easement that may impact the adjoining or neighbouring land;

Comment: Not applicable. No easements are proposed to change.

m) the height, materials and position of fences erected on a boundary;

Comment: It is considered that the proposed development is not inconsistent with this requirement. Any development consent issued will include appropriate conditions of consent regarding fencing which may minimise any significant adverse impact to the amenity of the locality from occurring. These conditions include:

Any fencing along the property boundary of the subject site is to be of a post and wire ‘rural style’, and

Fencing along the boundaries of dwelling sites which abut any Public Road (Merool Road and Grimison Road) is to have a maximum height of 1.8m above the existing ground level.

This is considered an appropriate outcome for the subject site.

n) traffic generation; or

Comment: It is considered that the proposed is not inconsistent with this requirement. The Applicant submitted a detailed Traffic Impact Assessment (TIA) to support the proposed development. Council’s Engineering Department sought the advice of an independent consultant to review the submitted TIA. The consultant raised concerns, which the Applicant responded. Council’s consultant still raised concerns regarding the application. As a result of this Council will require a small alteration of the design (change to major roads for small sections), along with requiring an emergency access off Merool Road. It is noted that the traffic study did not account for or investigate the traffic implications arising from an access from Merool Road. As the access is proposed to be relocated to Grimison Road, a significant increase in traffic movements onto Grimison Road will be caused. Council’s Engineering Department however did not object to the granting of consent subject to appropriate conditions of consent, whilst it is noted Grimison Road is a public road with no restrictions as to the number of vehicle movement permitted (subject to appropriate upgrades where required).

The Applicant has requested that the review by Council’s consultant not be shown publicly.

The Applicant has stated: “… we are very concerned that your Consultant Traffic Engineer has referred to incorrect standards relating to public roads, rather than internal driveways. Given the incorrect and misleading commentary, we request that the report not be including with the documentation presented to the Council’s Administrator for a determination on the Application, as it would in our view prejudice the Application”.

Council’s consultant’s response to the Applicant’s comment included:

“My comments were not premised on a residential subdivision and public roads. The comments are based on sensible design of such facilities and administrative

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jurisdiction has no relevance. I called the internal accessway “streets” not “roads”, a deliberate reference that a competent urban designer should understand…

I reject the ridiculous accusation that some of the information within my advice is either incorrect or misleading. I have placed no reliance on achieving public road design standards. The advice is not based on “incorrect public road standards”- that is another ridiculous accusation.”

Council staff consider it important to be transparent with the assessment process, therefore it is considered appropriate to show all relevant documents in the public forum where possible. The submitted TIA, review by Council’s consultant, response from Applicant to review, and Council’s consultant final response are therefore attached to this report.

The subject site currently contains a development consent to relocate the primary access to the site to Grimison Road.

It is also noted that the Austroads Safe Intersection Sight Distance criteria are satisfied for vehicles turning at Merool Road intersections with Perricoota Road and Grimison Road. The subject site is contained within a locality which is designated for tourist/residential uses, of which the application is consistent.

o) suitability of the land for the proposed development.

Comment: It is considered that the proposed MHE is suitable for the subject land. Please see 3.4(c) of this report for further information.

Economic Impacts It is considered that the proposed development has the potential to create positive economic impacts for the locality. The proposed MHE will provide additional housing options within Moama and has the potential to provide short term economic benefits during the installation phase of the individual manufactured homes along with the construction of the entire estate.

Social Impacts It is considered that the proposed development has the potential to create beneficial social impacts through its contribution to increasing the supply and diversity of housing in Moama. The Applicant has stated that the proposed development is to be aimed towards the over 55 years of age section of the community which is considered an acceptable outcome.

The proposed MHE is not exclusive of this age range however and thus is accessible for a wide range of people and socio-economic circumstances. The proposed development included numerous submissions of objections from neighbouring properties. It is considered that some of the concerns of the objections can be mitigated through appropriate conditions of development consent being placed on any consent. It is also noted that potential changes to neighbouring property values is not a planning consideration and thus is not deemed to be any sort of social impact.

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3.4 The suitability of the site for the development Comment: The subject site is considered suitable for the proposed development. The subject site is located within the Moama urban area within an established residential/tourist area. The proposed Manufactured Home Estate is located close to existing services and amenities and will be connected to all town services. Council’s strategic policies promote greater density residential infill development in the existing urban area of Moama and additional housing options therefore the proposed development is an appropriate use of the land. The use of the land as a Manufactured Home Estate on land which contains an existing caravan park is an appropriate outcome and allows continued sustainable development within the Moama area. It is considered that the proposed development is unlikely to significantly adversely impact upon the amenity or neighbourhood character of the area, as detailed throughout this report.

3.5 Any submissions made in accordance with this Act or the regulations

Agencies

Agency Response NSW DPI Water No objections. Comments received. NSW RFS No objections or conditions required. NSW DPE No objections. General comments received. MDBA No response received. NSW EPA No objections subject to conditions placed on consent. NSW DPI Crown Lands No response received. Tourism NSW No response received. Shire of Campaspe - Victoria No objections. Department of Environment, Land, No objections. Water and Planning – Victoria NSW OEH No objections subject to conditions placed on consent. NSW RMS No objections. Comments received. Essential Energy No objections subject to conditions placed on consent.

Public Submissions Thirty-eight (38) public objections were received in relation to the proposed development. A brief summary of the themes raised in the submissions and responses are documented below. Copies of the subject public submissions have been attached for reference as Appendix 13. The submitted plans relating to the proposed development did not change during the notification and assessment of the application. The Applicant also provided a document responding to concerns raised during the submission period. This is attached as Appendix 14.

Procedural process Comment from an individual Submission maker: “On the Council’s website a full copy of the development application is provided for public exhibition purposes however a full copy of the development application is not available:  In the Statement of Environmental Effects (SEE) report that is available on Council’s website it states (p. 10) that “A copy of the Trafficworks Traffic Consultants’ report is

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attached.” however it is not attached to the SEE report or separately available on Council’s website.  In the Statement of Environmental Effects report that is available on Council’s website it is also alluded (p. 15) that a bushfire assessment report has been prepared however it is not attached to the SEE report or separately available on Council’s website.

The procedural public exhibition requirements of the DA are deficient because a full copy of the DA is not available on Council’s website and therefore a full and proper understanding of the DA cannot be reasonably obtained. The DA should therefore be re- exhibited for the full period as was originally exhibited with a full copy of the DA made available on Council’s website. All persons who were originally notified about the DA should be renotified of the newly included documents and the amended exhibition period.

Comment: The full application was available for inspection at Council’s Mathoura Office and Council’s Moama office. The neighbour notification letter, site sign erected on the site, and the newspaper advertisement in the Riverine Herald specifically outlined that the full application was available for inspection at Council’s Mathoura Office and Council’s Moama office. The notices also outlined that Council is to be contacted if any person wish to arrange a time to view the proposed plans. There is no legal requirement for Council to place applications on its website, with the Murray DCP 2012 not mentioning the requirement to place applications on Council’s website. Council staff instead went above and beyond the notification requirements by placing parts of the application on Council’s website to view. It is noted that the submission maker did not request to view the submitted TIA or Bushfire Assessment Report during the submission period and did not contact Council to arrange a time to view the proposed plans.

Aboriginal Cultural Heritage Comment from a specific submission maker: “It is presumed given that the SEE does not address this issue that an Aboriginal cultural heritage report has not been prepared for the proposed development area under the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW (DECCW, 2010). The Applicant should prepare an Aboriginal cultural heritage report under the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW (DECCW, 2010) due to the known prevalence and high likelihood of Aboriginal cultural heritage adjoining and near the Murray River”.

Comment After the submission period, the Applicant provided an Aboriginal Cultural Heritage Due Diligence Assessment Report in accordance with the Diligence Code of Practice for the Protection of Aboriginal Objects in NSW document. It is considered that the Applicant has adequately addressed this requirement. A letter from the Moama Local Aboriginal Land Council (Moama LALC) was also received, which stated no visible signs of Aboriginal artefacts were viewed during a site inspection by a representative of Moama LALC. The Applicant also provided an AHIMS search. This search outlined there are no known items within the site of the proposed development. Four known items are recorded within 1000m of the subject site, however the specific site of the proposed development does not contain any known items, whilst it is considered the proposed development is unlikely to adversely impact these surrounding items. Any development consent issued will include an appropriate condition of consent outlining the requirement to stop works

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Amenity, visual impact and design Comments from a specific submission maker: “Having regard to proper consideration of the existing and desired future character of the area as outlined and detailed as follows the proposed Site Plan does not represent an appropriate design response to the planning controls for the area and instead is considered to be a design response which only addresses the minimum requirements of Division 3 of Part 2 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. In this regard what is proposed is considered no more than an ‘economic design response’ for the purpose of extracting maximum development potential of the land and not a design response which is sensitive to the existing and desired future character of the area, which is required through concept plan preparation under section 50(1)(a) of the Environmental Planning and Assessment Regulation 2000 in regard to relevant assessment considerations under section 79C(1)(b) and (c) of the Environmental Planning and Assessment Act 1979 (EP&A Act), namely, but not limited to, the following issues:

 Context and setting:  What is the relationship of the development to local context in terms of: o The scenic qualities and features of the landscape? o The character and amenity of the locality and streetscape? o The scale (bulk, height, mass) form, character, density and design of development in the locality? o The existing land uses and activity in the locality?  What are the potential impacts on adjacent properties in terms of: o Relationship and compatibility of adjacent land uses? o Visual and acoustic privacy? o Views and vistas? o Edge conditions such as boundary treatments and fencing?  Site design and internal design  Is the development design sensitive to environmental conditions and site attributes including: o Size, shape and design of allotments, stormwater basins and roads? o The proportion of site covered by buildings? o The positioning of buildings? o The size (bulk, height, mass), form, appearance and design of buildings? o The amount, location, design, use and management of private and communal open space? o Landscaping?  Does the proposal fit in the locality?  Are the constraints posed by adjacent developments prohibitive? o Would development lead to unmanageable transport demands and are there adequate transport facilities in the area? o Will the locality contain adequate recreational opportunities and public spaces for new occupants? o Are utilities and services available to the site and adequate for the development?

The primary problem evident with the current DA is that there are no building plans of how lot boundary interface dwelling sites would be developed and so it is not certain what the development in part or in total would look like to determine whether proposed road and lot locations and building setbacks to lot boundaries are appropriate. In this regard in the absence of information to the contrary the lot boundary interface treatments with adjoining

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The existing character of the area is considered to be a low density residential area due to relatively large minimum lot sizes despite residential zoning designations, with future character dominated by current minimum subdivision lot sizes which are expected to determine development density, namely on average one dwelling per lot for the areas as shown in the map extracts of the Land Zoning Map and the Minimum Lot Size Map from the Murray Local Environmental Plan 2011 …

The DA should be refused by Council as insufficient documentary evidence has been prepared and lodged which reasonably demonstrates that what is proposed satisfies section 79C(1)(b) and (c) of the EP&A Act in regard to the likely impacts of the development and the suitability of the site for the development, with specific regard to the desired future character of the area in terms of development density”.

Comment : It is considered that the primary concern for a number of the objectors is that the proposed MHE will adversely impact upon the amenity of the area.

It is considered that the proposed development is not inappropriate for the subject site, and can be approved subject to appropriate conditions of consent.

The proposed development is unlikely to cause any significantly adverse visual impacts on the area. The boundaries of Grimison Road and Merool Road will be required to be landscaped with a 10m wide buffer which has the potential to present an attractive street frontage to both roads. Properties surrounding the site of the proposed development are sparsely vegetated, including lots within the newly created Daly Court and Lynn Court. The majority of the site of the proposed development is currently a large vacant block and as such the proposed development has the potential to improve the aesthetic of the area. The existing dam in the southern corner of the allotment is in need of considerable improvement which is to be incorporated into this proposed development, which is another visual improvement of the site.

The proposed design is in accordance with all requirements of Division 3 of Part 2 of the Local Government(Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (with the exception of the two outer north-west roads linking the two major roads as being minor roads. As a result of the assessment of the application, Council staff determined that it is appropriate to require amended plans to show these two link roads as major roads, as Council staff interpret that these roads form part of the major roads outlined).

It is considered that the specific comments are incorrect regarding ‘minimum design response’ and the plans being “an ‘economic design response’ for the purpose of extracting maximum development potential of the land”. The Regulations permit dwelling sites to be a minimum of 130m2, however the proposed dwelling sites range between 147m2 and 170m2. This therefore outlines a greater number of dwelling sites are possible under the

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Regulations, however the Applicant has produced a plan showing dwelling sites in excess of the minimum requirements.

It is also noted there is no requirement for the Applicant to provide plans of future manufactured homes to be erected on dwelling sites, as this is triggered at a later stage of the process if the development application is approved.

All dwellings within the proposed MHE are to face internally, i.e. dwellings will not face the primary street frontage. It is considered in this instance that this is an appropriate outcome. The proposed MHE is to a self contained development with community facilities provided as part of the development. The siting of the proposed dwellings ensures that private driveways are not created which directly access Merool Road which is considered an appropriate outcome. The Applicant has proposed landscaping to be established surrounding and throughout the Estate, which is considered an appropriate outcome. Therefore it is considered that although the dwellings will not face the primary street frontage, the proposal still creates an appropriate development for the site.

Regarding amenity of the area, it is considered that the proposed development is unlikely to significantly adversely impact upon the amenity and ambience of the locality. The proposed development is for a MHE, of which is permissible with consent on the site. The subject site contains an existing approved caravan park of which the proposed MHE will not be inconsistent with. The locality has been designated as a tourist/residential area within the Moama Structure Plan, and is suitable for encouragement of restructuring of lots for urban development through provision of services. The application complies with the relevant provisions of the Regulations and has the potential to provide additional housing options to the Moama locality. The final landscaping plan implemented as part of any consent issued will help screen the development with appropriate landscaping. The proposed MHE is different to the adjoining properties, however this does not mean the application will significantly adversely impact upon these properties.

The Applicant also notes: “The locality is characterised by a range of land uses and built form. Several of the public submissions cited negative impacts on the open rural character of the area as their primary area of concern. The proposed development is located within an under-utilised area of an existing caravan park. Given that the subject land is within an approved caravan park, it is reasonable to expect that the site will be developed for both short and long-term accommodation as the park expands. In fact, the subject site currently has an approval in place (Development Consent 258/05 amended) for the establishment of an additional 81 caravan park sites, including 53 holiday cabins and 28 caravan sites, with associated community facilities and infrastructure on the same portion of land. The Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005 requires a 10 metre landscaped buffer zone between any dwelling site and a public road, with a 3.0 metre buffer from any other allotment boundary. The proposed buffer zones will be planted with a range of native trees and vegetation, in accordance with the advice of the Office of Environment and Heritage (OEH) and the Rural Fire Service (RFS), which will reduce the visual impact of the proposed development on surrounding and nearby residents.

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Amenity can be affected by a range of factors and we note that in addition to the visual amenity discussed above, issues such as social nuisance, crime and vandalism, which were raised by several of the objectors, can also have an impact on the living amenity of a locality. In this respect, we submit that the establishment of a manufactured home estate within an existing caravan park will not have any adverse impact on social nuisance, crime and vandalism. On the contrary, the proposed manufactured home estate would result in a more permanent residential base of people over 55 years of age, which would assist in creating an environment of passive surveillance. We submit that the proposed development would reduce incidences of social nuisance that may be associated with transient short-term holiday makers. Overall, the resulting built-form character of a manufactured home estate within an existing caravan park, where a relevant approval exists for 81 caravan park sites on the same portion of land, will not have any discernible impact on the character of the locality from any development that could occur on the land ‘as of right’. Similarly, the resulting living amenity will not be unreasonably impacted by the proposed development”.

Please also see other aspects of this report, including environmental impacts, and suitability of the site, for more information.

Introduction of pets Concerns were raised regarding the introduction of pets into a higher density development.

Comment: The Companion Animals Act 1998 is applicable in relation to the introduction of additional domestic animals. Any occupiers are required to adhere to this NSW legislation. This is no different to surrounding dwelling houses as they too are required to adhere to the Companion Animals Act 1998.

Wait until Councillors are back to determine application Comments were received requesting that the application be determined by elected representatives.

Comment: This is not a planning consideration. The Application has been brought to Council for determination once the assessment has been completed. Council’s Administrator has the same powers as an elected Council and is able to determine the application.

Car Parking Concerns were raised that there will not be enough car parking for each dwelling site, whilst the proposed MHE will utilise space which is currently used by the existing caravan park on site as overflow car parking space

Comment: The submitted plans comply with the relevant car parking provisions under the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. The submitted plans provide space for car parking within each dwelling site along with separate visitor parking spaces which comply with the requirements. It is considered that this is an appropriate outcome for the subject site.

Some submission makers raised concerns that two vehicles will not be accommodated on each dwelling site. There is no guarantee that each potential site holder will have two (2) vehicles, however in the instance that the prospective occupiers do need to accommodate two vehicles, there will be available space within each dwelling site to extend the space

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Development Application 258/05 for an extension to the existing Caravan Park will be required to be withdrawn by the property owner, with this requirement forming a deferred commencement condition of consent. Although this approval is still currently active as works have physically commenced in relation to this approval, no substantial development or constructed dwelling/caravan sites will be affected by the proposed MHE. The proposed development is not inconsistent with the other existing development approvals affecting the entire subject site, which includes the existing caravan park which has been developed and contains site holders and patrons etc.

In accordance with the existing development consent for the caravan park, the cleared area (site of proposed MHE) is not a sanctioned car parking area and therefore using this space for the proposed MHE will not conflict with the existing constructed and utilised caravan park on the subject site. It is acknowledged that any approval of the MHE will be constructed over land currently used for overflow parking by the caravan park, however as there is no approval which outlines this space as being required to be set aside for parking for the caravan park, and the current application not being inconsistent with any relevant applications adjoining the site of the proposed development, it is considered unreasonable for the current application to be refused on the basis of this issue.

Any existing alleged car parking problems associated with the operation of the approved caravan park should not be considered in conjunction with the separate subject application for a MHE. All enforceable requirements for parking will form appropriate conditions of any consent issued in respect of this application. Any breaches of such parking arrangements should be considered on their merits as a separate matter.

Traffic Numerous submission makers were concerned that the large increase in traffic caused is inappropriate and will impact upon the locality and infrastructure.

Comment: The proposed development will increase traffic in the locality, therefore as part of the assessment of the application the Applicant was required to submit a detailed Traffic Impact Assessment. This report concluded that the proposed development is unlikely to cause any significance adverse impacts in terms of traffic generation. The application was also referred to NSW RMS for comment. This State Government Department did not object to the granting of consent and did not require any conditions on any consent issued. It is noted any consent issued will include appropriate conditions from Council’s Engineering Department including the requirement to upgrade Grimison Road and intersection of Grimison Road and Merool Road to cope with the additional demand.

Density and overdevelopment of the site Numerous submission makers were concerned that the proposal is inconsistent with the density of the area and is an overdevelopment of the site.

Comment: The proposed design and density of the MHE is not considered inappropriate for the subject site. The proposed design adheres to the requirements of the Regulation. The application is for a Manufactured Home Estate which is aimed at providing housing options to members of the community in the over 55 age range. The minimum lot size for subdivision

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The application is of course development which has a much higher density than the traditional residential allotments surrounding the site, however this is not considered a reason for refusal. As outlined above, the subject site contains an existing caravan park, therefore the existing nature of the site is already vastly different from adjoining properties.

The Applicant has also provided the following response in relation to this concern: “Several of the public submissions cited the proposed density of the development as a concern, with a specific reference to the existing low density residential character of the locality. With respect, it is our view that the proposed development will not have any impact on residential density within the locality. The proposed manufactured home estate is to be established within an existing caravan park, which has a very different character to general residential land within the locality. Whether it is manufactured homes, moveable dwellings, caravans or camp sites, the development within a caravan park will generally appear denser or more concentrated than that of adjacent traditional residential land. The balance of land within the locality, which is not located within a caravan park, will not be compromised as a result of the proposed development (i.e. this proposal will not lead to other similar proposals within the locality). As such, it is our view that the proposed development is unique in its location within a caravan park and will not lead to a change in the overall low-density character of the local area. We also note that manufactured home estates are centrally managed developments and do not involve any land division or separate titles. Accordingly, the existing subdivision pattern within the locality will remain unchanged”.

Land Use conflict Concerns that the MHE will create land use conflict within the area.

Comment: It is considered that the proposed development is unlikely yo create land use conflict with the existing locality. The proposal is for a MHE, which are permitted wherever Caravan Parks are permitted. The site of the proposed MHE is zoned R1 General Residential of which caravan parks are permitted with consent. Further to this, the subject site already contains an existing caravan park, located in both the R1 zone and E3 Environmental Management zone.

Manufactured home estates are a contemporary form of medium density housing of which specific legislation has been created in order to assess applications of this nature. It is

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MHE’s are another form of residential development, therefore it is considered there is no land use conflict between a MHE and any adjoining dwelling houses, which are also a form of residential development.

Flood risk Permanent nature of the development is concerning regarding flood risk

Comment: Although part of the subject site is mapped as Flood Prone Land, the site of the proposed MHE is not covered by this overlay. No alterations to the flood prone section of the subject land are proposed, with the proposed MHE being located in excess of 600m from the Murray River. The Application was referred to DPI Water who did not object to the granting of consent and did not require any conditions placed on any consent issued.

Loss of wildlife habitat and native vegetation Submission makers concerned that the proposal will result in loss of wildlife habitat and native vegetation.

Comment: It is considered that the proposed development is unlikely to result in significant adverse impact upon wildlife habitat and native vegetation. Two (2) mature Corymbia Maculata (Spotted Gums) located near the existing tennis courts are proposed to be removed, however no other vegetation requiring consent to be removed is proposed to be removed. The Applicant was referred to NSW OEH for comment, who advised they did not object to the proposal subject to appropriate conditions of consent. Further, OEH stated the removal of the two mature Spotted Gums is unlikely to have a significant impact upon habitat for threatened species. Any development consent will be appropriately conditioned outlining that no additional vegetation will be permitted to be removed without additional assessment by the relevant authorities.

It is also noted that the vast majority of the site of the proposed MHE is cleared and disturbed land.

Bushfire risk Significant risk of fire, especially in summer.

Comment: although part of the subject site is mapped as Bush Fire Prone Land, this layer does not cover the site of the proposed MHE. The application however was integrated with NSW RFS as part of the land is mapped as Bush Fire Prone Land, whilst the application for a MHE is a land use which requires integration with NSW RFS if part of the site is Bush Fire Prone Land. NSW RFS did not have any objection to the proposal and did not require any specific conditions to be placed on any consent issued. As NSW RFS is the expert authority regarding bush fire risk in country NSW and did not object to the proposed development (or require any conditions), it is considered that the proposal will not cause an unreasonable risk to life or property regarding bush fire.

Crime Concerns the development will increase crime in the area.

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Comment: This is not a planning consideration. Further, there is no sufficient evidence that a MHE would increase the crime rate in the area. The proposed MHE is aimed for over 55 residents, of which the Australian Bureau of Statistics outline have a significantly lower offender rate than other age brackets (15-19 year olds for example). The proposed development is to accommodate permanent residents which is likely to create additional passive surveillance in the locality which is beneficial in the prevention of crime.

Headlights Concerns were raised that traffic generated by the proposed development will cause headlight glare which will impact upon the amenity of the area, particularly on Grimison Road where the new access is proposed.

Comment: The subject application proposes to relocate the existing primary entrance to the subject site from Merool Road to Grimison Road. Development Application 258/05 for an extension to the existing Caravan Park was approved on 2 August 2005, which included the relocation of the existing driveway to Grimison Road; therefore the proposed relocated driveway onto this public road has in fact previously been approved by Council. The subject site is zoned R1 General Residential which permits residential type development with consent. Any development consent issued can be appropriately conditioned outlining the requirement for appropriate signs to be erected within the site which remind drivers to utilise low beam lights on their vehicles, which is considered an appropriate outcome. It is also noted that as part of the application, the Applicant provided a TIA, of which did not raise any safety concerns relating to the proposal.

Noise Concerns that the development will increase noise and disturbance to the existing peaceful surroundings.

Comment: It is considered that the proposed development is unlikely to generate noise which would significantly adversely impact upon the amenity of the area. The subject site is zoned R1 General Residential which permits a MHE with consent. Any occupiers will be required to adhere to relevant legislation including the Protection of the Environmental Operations Act 1997, the Protection of the Environmental Operations (Noise Control) Regulation 2008, along with the requirements of the NSW EPA. NSW EPA did not object to the granting of consent and did not raise any concerns regarding noise created by the proposed development. Similar to other residential developments (such as residential subdivisions, which have been recently approved on adjoining and surrounding allotments), the base noise level of the subject site is indeed likely to increase (due to the addition of residents in the area). This is not considered to be an unreasonable outcome however, and is considered unlikely that an additional residential development (MHE) will adversely impact upon the outlined ‘peaceful surroundings’.

Property values Concerns were received outlined the proposal will decrease property values.

Comment: Property values are not a planning consideration.

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General comment regarding submissions Council staff consider that the Applicant has provided an appropriate response to address the concerns of the submission makers, and agree that the proposed development is not inappropriate for the subject site. Although the proposal will indeed change the current neighbourhood character of the area (as does any development within a town), the subject proposal is not considered to create an unreasonable outcome which significantly adversely impacts upon the amenity of the area.

3.6 The public interest

Comment: The public’s interest has been considered throughout the assessment of this development application under Section 79C of the Environmental Planning and Assessment 1979. It is considered that the public interest is not significantly detrimentally impacted upon by this application. Whilst numerous public objections to the proposed development have been received during the assessment of the application, it is considered that the proposed development will not cause any unreasonable impacts to the locality and can be appropriately conditioned to minimise any significant adverse impact to the amenity of the surrounding area. The public interest of Murray River Council is unlikely to be significantly adversely impacted. The application is to provide additional housing options within Moama, which is considered an appropriate outcome for the public.

3.7 Summary The proposed development is for a ninety-two (92) dwelling site Manufactured Home Estate on the subject site, being Lot 2 DP 577744, 80 Merool Road, Moama NSW 2731, known as ‘Discovery Parks – Moama West’. It is considered that the proposed development is not inconsistent with the Murray Local Environmental Plan 2011, the Murray Regional Environmental Plan No. 2-Riverine Land, the State Environmental Planning Policy No 36—Manufactured Home Estates, all other applicable environmental planning instruments, and the Murray Development Control Plan 2012. The proposed development is consistent with the Murray Strategic Land Use Plan 2010—2030. The proposed Manufactured Home Estate has the potential to provide appropriate additional housing within Murray River Council and is considered to not be significantly incompatible with the existing neighbourhood character of the area. The proposed development is not considered to have significantly unreasonable overshadowing, privacy or any other significantly adverse amenity impacts on the location. It is therefore recommended that deferred commencement development consent be granted subject to appropriate conditions of development consent.

Section 4: Conditions of Deferred Commencement Development Consent

Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 this is a ‘Deferred Commencement’ Consent Subject to Compliance with the Following Condition of Consent

D1. Development Application 258/05 must be surrendered in accordance with Section 80A of the Environmental Planning and Assessment Act 1979. Written notice must be provided to Council prior to the commencement of this consent, and must include the following information:-

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(a) the name and address of the person by whom the notice is given, (b) the address, and formal particulars of title, of the land to which the consent relates, (c) a description of the development consent to be surrendered, (d) written advice that the consent is to be surrendered, (e) if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the surrender of the consent.

Reason: To ensure that the subject consent is not inconsistent with other development consents affecting the subject site and to accord with Section 80A of the Environmental Planning and Assessment Act 1979.

D2. An amended plan must be submitted to Council for approval, which shows the two outer north-west roads linking the two major roads as being major roads. This is due to Council staff determining these roads as being major roads as opposed to minor roads as originally submitted and thus is required to adhere to the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. No other aspects of the design is permitted to be amended, with the exception of minor alterations in order to accommodate the wider road reserves.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

Conditions prescribed by the Environmental Planning and Assessment Regulation 2000 that must be fulfilled

(A) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 The work must be carried out in accordance with the requirements of the Building Code of Australia.

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

Note: Reference to the Building Code of Australia is a reference to that Code as in force on the date the application is made for the relevant construction certificate.

Reason: Prescribed by the Environmental Planning and Assessment Regulation 2000.

(B) Erection of signs A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the PRINCIPAL CERTIFYING AUTHORITY for the work, and (b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

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Any such sign must be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

This condition does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

Reason: Prescribed by the Environmental Planning and Assessment Regulation 2000.

(C) Notification of Home Building Act 1989 requirements For the purposes of Section 80A (11) of the Act, the following are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: (a) in the case of work for which a principal contractor is required to be appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of that Act, (b) in the case of work to be done by an owner-builder: (i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under this condition becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

Reason: Prescribed by the Environmental Planning and Assessment Regulation 2000.

Conditions that must be fulfilled prior to the commencement of any works

1. A development application must be submitted to, and approved by Murray River Council prior to the construction of any building (i.e. amenities building, swimming pool) on the subject site. Information supplied with the development application(s) must accord with the requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. Designs and facilities of community buildings must accord with the requirements of Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

The development application and plans associated with the community amenities building and swimming pool for the development must be generally consistent with the submitted Site Plan (‘Shady River Manufactured Home Estate’ prepared by MasterPlan)

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and information submitted to and stamped by Council as part of the application. Any amendments to these plans require the consent of Council.

Approval for the amenities building and swimming pool on the site is granted in accordance with Section 83B of the Environmental Planning and Assessment Act 1979 and is for concept only.

Reason: To accord with Section 83B of the Environmental Planning and Assessment Act 1979 for a ‘Staged Development Consent’ and to ensure that the development is carried out as assessed and approved by Council. 2. Full Engineering plans in respect to the provision of the following services must be submitted to and approved by Council prior to the commencement of any works on the site and surrounding road reserve;  Internal Road Design  Sewer  Filtered Water  Raw Water  Fire Hydrants (as per Clause 34 of Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005)  Stormwater Management  2.5m wide hotmix pedestrian/cycling path from Grimison Road to the southern boundary of 56 Merool Road, Moama  2.5m wide hotmix pedestrian/cycling path within the ten (10) metre wide landscaping reserve abutting Grimison Road  Widening of Merool Road to an 8m wide seal width along the subject site property boundary  Widening of Grimison Road to an 8m wide seal width  Widening of the Grimison Road and Merool Road intersection to provide a turning lane  Street lighting on poles between Grimison Road and the nearby Moama RSL Club (Lot 1 DP 8038047)

These plans must be generally in accordance with the submitted Site Plan (‘Shady River Manufactured Home Estate’ prepared by MasterPlan) and information submitted and considered as part of the development application except where amendments are required to be made in accordance with conditions of consent.

These plans must be prepared in accordance with Council’s ‘Engineering Guidelines for Subdivisions and Development Standards’. The submitted plans must comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 and must be in accordance with the relevant requirements of Part 2 of the Regulation.

Where a preliminary plan conflicts with specific requirements set out in the subject conditions of consent, the preliminary plan is deemed subservient.

These plans must be approved prior to the commencement of any works on the subject site.

Reason: To ensure the development is appropriately serviced.

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3. An Erosion and Sediment Control Plan must be prepared and submitted to Council prior to the commencement of any works. Exposed surface soil must be stabilised as soon as possible to avoid potential erosion and dust issue. This plan must be approved by Council prior to the commencement of any works.

Reason: To ensure the erosion and sediment is appropriately managed during construction.

4. Temporary water closet accommodation must be provided onsite during construction. This facility must be located onsite so as to not create a nuisance to any adjoining properties.

Reason: To ensure suitable facilities are provided for workers during construction and to comply with requirements for Work Health and Safety on worksites.

5. An application under Section 68 of the Local Government Act 1993 must be lodged (application fees apply) and approved prior to any sanitary plumbing and drainage work, installation of sewage disposal system, stormwater work, or water supply works commencing on the site. Once the Section 68 Approval has been granted, before any sanitary plumbing and drainage work, installation of sewage disposal system, stormwater work, or water supply work is commenced, a Notice of Work (NoW) must be submitted to Council 48 hours prior to works commencing. On completion of work, the licensed plumber /drainer must apply for an inspection and a Certificate of Compliance (CoC) must be submitted to Council. A sewer service diagram (SSD) must also be provided to Council upon completion of the drainage works.

Reason: To ensure that the installation of plumbing and drainage work is in accordance with Australian Standards and the Plumbing Code of Australia.

6. The Applicant must submit to Council an appropriate stormwater management plan prior to the commencement of any works. Council must approve the submitted stormwater management plan prior to the commencement of any works. Stormwater disposal on the property must be to the satisfaction of NSW Office of Environment and Heritage / NSW DPI Water. No untreated stormwater is to be directly discharged into any watercourse (including the Murray River), and no stormwater generated by the development is to traverse any adjoining property.

The plan must incorporate Water Sensitive Urban Design techniques and must be consistent with ‘The Blue Book: Managing Urban Stormwater’ produced by LANDCOM. All infrastructure proposed as part of the plan as well as any required upgrades to existing infrastructure must be fully funded by the developer.

Stormwater generated in the eastern section of the subject site must be discharged to the south-western corner of Merool Road / Grimison Road.

Stormwater drainage from the western catchment must be discharged through the approved on-site stormwater system and must not be discharged onto Grimison Road.

Note. The Act requires stormwater drainage work to be carried out only with the approval of the Council. The Local Government (General) Regulation 2005 specifies further requirements with respect to drainage.

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Reason: To ensure the development is adequately serviced and to protect the natural environment and amenity of the area.

7. An application for a Road Opening Permit must be submitted to Council’s Engineering Department for approval. The Road Opening Permit must be approved prior to the commencement of any works to the proposed intersection with Grimison Road. The new access must be constructed at the Applicant’s expense to Council’s standards and in accordance with Council’s policy. Reason: To ensure that the development can be appropriately accessed from Grimison Road.

8. A detailed Landscape Plan must be submitted to and approved by Council prior to the commencement of any works on the site. The submitted landscaping plan must detail the use of locally native species, including a range of plant life forms, such as trees, shrubs, grasses and ground covers.

The Landscape Plan must build upon the preliminary landscaping details on the plan submitted as part of the development application and is to provide for the following (but not limited to):-  The landscaping of the proposed walking/cycling path along the Grimison Road property boundary.  Landscaping associated with the area containing the Community Amenities building and swimming pool.  Details of any proposed infrastructure to be erected within the area containing the Community amenities building such as; barbecue, shelters, benches etc.  Proposed street tree plantings.  The three (3) metre wide plantation reserve along the northern property boundary.  The ten (10) metre wide reserves along the Merool Road and Grimison Road property boundaries.  The use of plant species in all landscaping that is compatible with the locality.  Internal landscaping of the MHE including landscaping along internal roads  Fencing along the property boundary and fencing along the boundaries of dwelling sites which abut any Public Road (Merool Road and Grimison Road) and any property boundary of the entire subject site. Fencing is to be consistent with the character of the area and restricts the access of free–ranging dogs.  Details of native plants, trees, shrubs, grasses and ground covers, relating to size, planting regime and similar.

Once approved by Council, the developer/landowner is responsible for the funding and completion of required landscaping in accordance with the approved plan. Landscaping must be completed in accordance with the approved Landscaping Plan prior to the use of the site as a Manufactured Home Estate. The landowner is responsible for the maintenance and care, including replacement with similar species/age plants of all landscaping for the life of the MHE development.

Reason: To ensure the development is satisfactorily landscaped.

9. Prior to carrying out any works, a "Dial Before You Dig" enquiry must be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995.

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Reason: To comply with Essential Energy requirements.

General Conditions that must be fulfilled

10. The development must be carried out in accordance with the submitted Layout Plan (as amended by Condition D2.) and information submitted to and stamped by Council as part of the application.

The approval is for a Manufactured Home Estate only. The Manufactured Home Estate is to have a maximum of ninety-two (92) dwelling sites.

As defined in the Local Government Act 1993;

manufactured home estate means land on which manufactured homes are, or are to be, erected.

manufactured home means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling: (a) that comprises one or more major sections, and (b) that is not a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013, and includes any associated structures that form part of the dwelling.

Any amendments to these plans will require the approval of Council.

Reason: To ensure that the development is carried out as assessed and approved by Council.

11. No advertising signage is approved as part of this application. A development application must be submitted to, and approved by Murray River Council prior to the construction of any advertising signage on the subject site, unless the proposed advertising signage is classed as Exempt Development under the Murray Local Environmental Plan 2011 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Reason: To ensure that the development is carried out as assessed and approved by Council.

12. The MHE and occupiers must adhere to relevant legislation including the Protection of the Environmental Operations Act 1997, the Protection of the Environmental Operations (Noise Control) Regulation 2008, along with the requirements of the NSW EPA.

Reason: To limit any significant adverse impact to the amenity of the area.

13. Appropriate erosion and sedimentation control measures must be installed and maintained on site for the duration of construction works. . Erosion and sediment controls must be installed in accordance with the NSW Department of Environment and Conservation “Erosion and Sediment Control – A Resource Guide for Local Councils”.

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Reason: To prevent water pollution and protect the amenity of the adjoining area, and to comply with the Protection of the Environment Operations Act 1997 and Council Policy.

14. The development must be in accordance with the relevant provisions and Regulations of the Native Vegetation Act 2003, the Threatened Species Conservation Act 1995, the National Parks and Wildlife Act 1974, and all other applicable legislation.

Reason: To comply with relevant legislation.

15. All conditions of consent must be fulfilled to the standard of Council and at the expense of the developer.

Reason: To ensure the development is carried out in accordance with Council’s standards.

16. During construction the proponent must undertake measures to minimise dust and noise and ensure that the impact on neighbouring properties is minimised.

Reason: To minimise environmental and amenity impacts in respect to construction of the development.

17. A shared path (pedestrian and cyclist) must be provided within the ten (10) metre wide buffer reserve abutting Grimison Road. The path must be 2.5m wide and designed in accordance with Council’s Engineering Guidelines.

Reason: To ensure that the development is carried out as assessed.

18. Fencing along the property boundary of the subject site must be of a post and wire ‘rural style’.

Reason: To protect the amenity of the area.

19. Fencing along the boundaries of dwelling sites which abut any Public Road (Merool Road and Grimison Road) and any property boundary of the entire subject site must have a maximum height of 1.8m above the existing ground level.

Reason: To protect the amenity of the area.

20. The Manufactured Home Estate use is only approved to occur within the area outlined on the approved and stamped plans. The use of the land as a Manufactured Home Estate is not permitted outside of this designated area.

Reason: To ensure that the development is carried out as assessed and approved by Council.

21. The development must comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 and in accordance with the relevant requirements of Division 3 of Part 2.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

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22. All dwelling sites must be numbered or identified and its site boundaries clearly delineated. The site identification must be conspicuous.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 and to ensure all dwelling sites are adequately identified.

23. The entrance road to the site must be at least 8 metres wide.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

24. The width of internal road reserves must be: 1. at least 8.5 metres for a major access road, and 2. at least 6 metres for a minor access road.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

25. Internal access roads must be sealed with the following widths: 1. at least 6 metres for a major access road, and 2. at least 4 metres for a minor access road.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

26. Any minor internal access road which exceeds 80 metres in length must be constructed with a passing bay within the road reserve. Passing bays must be provided at intervals of not more than 100 metres.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

27. The width of the sealed portion of an access road at any point at which there is a passing or parking bay must be: 1. at least 8.5 metres for a major access road, and 2. at least 6 metres for a minor access road.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

28. All internal access roads must be so designed as to limit the speed at which vehicles may travel on them to: (a) 30 kilometres per hour for major access roads, and (b) 15 kilometres per hour for minor access roads.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

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29. The Manufactured Home Estate must contain thirty-one (31) visitor parking spaces (excluding one (1) x visitor parking spaces required for people with disabilities which is additional) as per the submitted plan. Each visitor parking space is to have, at minimum, dimensions of: (a) 5.4 metres by 2.5 metres, in the case of angle parking, and (b) 6.1 metres by 2.5 metres, in any other case.

Visitor parking spaces must be clearly identified as such.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

30. The Manufactured Home Estate must contain at least one (1) visitor parking space for people with disabilities (in addition to the thirty-one (31) visitor parking spaces required as outlined in the above Condition). Such parking is to be provided in accordance with AS/NZS 2890.1:2004, Parking facilities—Off street parking. The visitor parking space for people with disabilities must be clearly identified as such.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

31. The thirty-two (32) visitor parking spaces for the MHE must be used solely by visitors associated with the MHE use of the site. No persons associated solely with the caravan park use of the subject site are permitted to park within the visitor parking sites within the MHE. Appropriate signage must be erected near the MHE visitor parking outlining the requirement that only visitors associated with the MHE are permitted to park in this area.

Reason: To ensure the development is appropriately serviced.

32. All access roads, including all passing and parking bays, must have an all-weather sealed or other surface finish specified by Council’s Engineering Department, and must be adapted to the topography to allow for adequate stormwater drainage and to eliminate excessive grades.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

33. All internal access roads must be adequately lit between sunset and sunrise.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

34. A common trench may be used for the installation of services in accordance with guidelines set out in AMCORD.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

35. Arrangements must be instituted and maintained for the removal of garbage from the Manufactured Home Estate and for the maintenance of garbage receptacles in a clean and sanitary condition at all times.

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Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

36. No part of a dwelling site or community building within the Manufactured Home Estate may be situated more than 90 metres from a fire hydrant.

Any fire hydrant located within the Manufactured Home Estate must:- 1. be a double-headed pillar-type fire hydrant, and 2. be installed and maintained to AS 2419.1-2005-Fire Hydrant Installation Part 1: System design, installation and commissioning.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

37. A building must not be erected in the Manufactured Home Estate unless development consent has been granted. No community building is permitted to be erected on a dwelling site within the Manufactured Home Estate.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

38. No dwelling houses are permitted to be constructed on the subject site without development consent.

Reason: To ensure that the development is carried out as assessed and approved by Council.

39. The Manufactured Home Estate must not be used: 1. for any commercial purpose other than a manufactured home estate or an associated purpose, or 2. for the manufacture, construction or reconstruction of moveable dwellings.

Nothing in this condition prevents a manufactured home from being used for exhibition purposes.

This condition does not prevent the carrying out of work on a manufactured home that is installed in a manufactured home estate for the purpose of its renovation, maintenance or repair (such as painting, replacement of wall cladding or roof sheeting and the like).

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

40. The Applicant must create a community map for the Manufactured Home Estate. This community map must include:-  Notice that the approval is for the operation of a Manufactured Home Estate only  The number of dwelling sites approved within the Manufactured Home Estate is ninety-two (92)  Site plan of the approved Manufactured Home Estate

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

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41. Murray River Council must be given a copy of the current community map:- 1. as soon as practicable after any amendment is made to the map, and 2. at such other times as the Council may reasonably require.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

42. The holder of an approval to operate a Manufactured Home Estate must ensure that copies of the following documents are readily available for inspection without cost within the Manufactured Home Estate:- 1. the approval for the Manufactured Home Estate, 2. the current community map, 3. the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

A copy of the current community map must also be displayed in a prominent position in the Manufactured Home Estate.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

43. All manufactured homes or associated structures must be designed, constructed, installed, modified and extended in accordance with specifications in force under Clause 9 and Division 4 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

44. A manufactured home must not be installed otherwise than on a dwelling site.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

45. A manufactured home must not be installed on a dwelling site unless each major section of the home has been constructed and assembled at, and transported to the manufactured home estate from, a place of manufacture outside the manufactured home estate. However, the fixing of cornices, the setting of wall lining joints, the fitting of skirting boards and architraves and the grouting of tiles may be done on the dwelling site.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

46. A manufactured home must not be installed on a dwelling site unless the requirements of Part 2 Division 3 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 have been complied with in relation to the site.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

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47. No more than one (1) manufactured home may be installed on a single dwelling site.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

48. A manufactured home must not be located:- 1. closer than one metre to a road reserve, or 2. closer than 2 metres to the boundary of the manufactured home estate.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

49. A manufactured home and associated structure must not be installed on a single dwelling site if the floor plan area of the manufactured home (together with that of any associated structure or other building or structure on the site) are more than two-thirds of the area of the site.

For the purposes of this condition:- 1. the floor plan area of a manufactured home is the area occupied by the home, excluding the area of any associated structure forming part of the home that is not roofed, and 2. the floor plan area of any associated structure not forming part of the manufactured home is the area occupied by the structure, excluding any area that is not roofed, and 3. if there is no carport or garage on the dwelling site, an area of 18 square metres must be added to the floor plan area of the manufactured home to account for the car parking space that is required by subclause (3) to be provided on the site.

If there is no carport or garage on the dwelling site, an area with minimum dimensions of six (6) metres by three (3) metres, accessible from an access road and useable for car parking, must be provided on the site.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

50. There must be at least 30 square metres of open space (that is, space on which there is no building, structure or car parking space) within each dwelling site.

The open space of each dwelling site must include at least one area having a minimum width and minimum depth of 3 metres.

For the purpose of calculating the area of open space within a dwelling site, any space having a width or length of less than 2 metres must be disregarded.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

51. A manufactured home must not be installed closer than one (1) metre to the boundary of any adjoining dwelling site.

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with the fire safety and sound insulation provisions relating to class 1 buildings contained in Section 3.7.1 and 3.8.6 of Volume Two of the Building Code of Australia.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

52. The roof covering and any ceiling lining, wall cladding or gable of a carport must be non-combustible.

A carport must have at least two (2) sides open and at least one-third of its perimeter open. For the purposes of this condition, a side is considered to be open if the roof covering of the carport is at least 500 millimetres from a manufactured home, associated structure or site boundary.

A carport must not provide direct vertical support to any part of a manufactured home.

If a carport has a common roof structure with a manufactured home and the carport does not have a ceiling, the opening between the top of the wall of the manufactured home and the underside of the roof covering of the carport must be infilled with: (a) a non-combustible material, or (b) construction clad with non-combustible material on the carport side.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

53. An associated structure must not be designed or modified so as to be useable as a habitable room.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

54. A manufactured home or associated structure must be of a design certified by a practising structural engineer to be structurally sound.

A certificate issued under this condition: 1. must indicate that the manufactured home or associated structure complies with any standards, codes and specifications with which it is, by Part 2 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 or by Ministerial specifications, required to comply, and 2. must include specifications as to the manner in which the manufactured home or associated structure must be transported and installed and as to the nature of the footings (if any) on which it must be installed.

Any specifications with respect to footings or tie-down systems must have regard to the design gust wind speed, soil type and other design considerations applicable to the various locations in which the home or structure may be installed.

This condition does not apply to fences or privacy screens.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

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55. Each manufactured home or associated structure must be designed to resist loads as determined in accordance with the following design codes, as appropriate:- 1. AS/NZS 1170.1:2002, Structural design actions Part 1: Permanent, imposed and other actions, as in force on 1 September 2005, 2. AS/NZS 1170.2:2002, Structural design actions Part 2: Wind actions, as in force on 1 September 2005, or AS 4055—1992 Wind loads for housing, as in force on 1 September 2005 (except that the design gust wind speed for the area where the manufactured home or associated structure is located is not to be taken to be less than 41 metres per second), 3. AS 1170.3—1990, Minimum design loads on structures Part 3: Snow loads, as in force on 1 September 2005, 4. AS 1170.4—1993, Minimum design loads on structures Part 4: Earthquake loads, as in force on 1 September 2005.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

56. The enclosed floor area of each manufactured home must be at least thirty-five (35) square metres.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

57. The floor area of a bathroom in each manufactured home must be at least 2.2 square metres, plus an additional:- (a) 0.6 square metre if the bathroom has a separate shower and bath, and (b) 0.7 square metre if the bathroom has a toilet, and (c) 1.6 square metres if the manufactured home does not include a separate laundry.

The floor area of a shower room must be at least 1.1 square metres.

If a toilet is installed in a separate room, the room in which it is installed must have an area of at least 1.1 square metres and a width of at least 0.8 metre.

The floor area of a laundry must be at least 1.6 square metres.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

58. The ceiling height of each habitable room (other than a kitchen) in each manufactured home must be at least 2.4 metres.

The ceiling height of a kitchen, laundry, hallway or other similar part of each manufactured home must be at least 2.1 metres.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

59. A toilet must not be located in any room in each manufactured home that leads directly into a kitchen or other food preparation area unless the room containing the toilet is mechanically ventilated.

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Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

60. Each manufactured home must have adequate provision for light and ventilation.

A habitable room must have natural lighting and natural ventilation provided by one or more windows to the outside air, or by one or more openings into an adjoining room, being windows or openings having:- 1. a total area of at least ten (10) per cent of the floor area of the room, and 2. an area (being at least five (5) per cent of the floor area of the room) that is capable of being opened.

If any part of the natural lighting or natural ventilation for a habitable room is provided by one or more openings into an adjoining room, the adjoining room must have natural lighting and ventilation provided by one or more windows that comply with subclause (2) in relation to the combined area of both rooms.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

61. Termite shields, barriers or the like must be provided in accordance with AS 3660.1– 2000 Termite management—new building work and structures, as in force on 1 September 2005, to protect any structural members that are susceptible to attack by termites.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

62. Glazing materials must be selected and installed in accordance with the relevant provisions of AS 1288—1994, Glass in buildings—Selection and installation and, to the extent to which those provisions require the use of safety glass, in accordance with the relevant provisions of AS/NZS 2208:1996, Safety glazing materials in buildings (each as in force on 1 September 2005).

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

63. The roof, external walls, door frames and window frames of each manufactured home must be constructed so as to prevent rain or dampness penetrating to the inner parts of the home.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

64. The floor of a bathroom, shower room or room containing a toilet or washing machine in each manufactured home must consist of, or be covered by, material that is impervious to water.

The wall surface of a shower enclosure (or, in the case of a shower that is not enclosed, any wall surface within 1.5 metres of the shower fitting) must be impervious to water to a height of at least 1.8 metres above the floor.

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Any wall surface within 75 millimetres of a bath, basin or other similar bathroom appliance must be impervious to water to a height of at least 150 millimetres above the appliance.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

65. All pipes and fittings in each manufactured home that relate to water supply or sewerage must be installed in accordance with: 1. the Plumbing and Drainage Act 2011 and any regulations under that Act, and 2. the requirements of Council’s Engineering Department.

All pipes and fittings in a manufactured home that relate to stormwater drainage must be installed in accordance with: (a) the Plumbing Code of Australia, and (b) the requirements of Council’s Engineering Department.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

66. The electrical wiring in each manufactured home must comply with the requirements of AS/NZS 3000:2000, Electrical installations (known as the Australian/New Zealand Wiring Rules) as in force on 1 September 2005.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

67. Each manufactured home must be equipped with an automatic fire detection and alarm system that complies with the requirements of Part 3.7.2 of Volume Two of the Building Code of Australia in relation to class 1 (a) buildings within the meaning of that Code. This condition does not apply to a manufactured home that was constructed before 1 January 1996, whether installed before, on or after that date.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

68. Each manufactured home or associated structure must be installed on footings if the engineer’s certificate for the home or structure so requires.

The footings and tie-down system for the manufactured home or associated structure must be constructed in accordance with the engineer’s certificate for the home or structure.

In the case of a manufactured home or associated structure that is placed on footings, the clearance beneath the home or structure must be: (a) at least 400 millimetres, where termite shields are required to be installed, or (b) at least 200 millimetres, where termite shields are not required to be installed, or (c) such lesser clearance as the approval for the manufactured home estate may allow, with adequate provision for underfloor cross-flow ventilation.

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Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

69. A manufactured home must not be installed on a dwelling site otherwise than in accordance with: (a) the specifications contained in the engineer’s certificate issued in respect of the manufactured home.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

70. A compliance plate must be attached to an accessible part of each of the following structures: 1. a manufactured home, 2. an associated structure that forms part of a manufactured home,

A compliance plate must specify the following: (a) the name of the manufacturer of the manufactured home or associated structure, (b) the unique identification number for each major section of the manufactured home, (c) the month and year during which the manufactured home or associated structure was constructed, (d) the design gust wind speed for the manufactured home or associated structure, (e) a statement that the manufactured home or associated structure complies with the requirements of Part 2 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, (f) the name of the practising structural engineer by whom the engineer’s certificate has been issued in respect of the manufactured home.

A unique identification number must be permanently marked on each major section of the manufactured home.

The Minister may, by order published in the Gazette, issue specifications for the design, construction, issue and registration of compliance plates for the purposes of this clause.

A compliance plate must be designed, constructed, issued and registered in accordance with any specifications in force under the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

71. The holder of the approval to operate the manufactured home estate must give Council written notice of the installation of a manufactured home or associated structure within 7 days after its completion.

The notice:- 1. must indicate the site identifier of the dwelling site on which the manufactured home or associated structure has been installed, and

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2. must include the particulars contained on each compliance plate relating to the manufactured home or associated structure.

The notice must be accompanied by:- (a) a copy of the engineer’s certificate for the manufactured home or associated structure, and (b) a fully dimensioned diagram of the dwelling site on which the manufactured home or associated structure is installed, sufficient to indicate whether or not the setback, density, open space and site delineation requirements of Part have been complied with.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

72. Vehicles must be clean and free of debris prior to leaving the site during construction. Deposited material may be ordered to be removed at the Applicant/operator’s expense.

Reason: To ensure that sediment is not trafficked onto Council’s road network.

73. The construction site must be maintained in an environmentally sound manner during works. Designated waste containment areas must be provided on site, and must be maintained so as to prevent any windblown litter escaping from the site.

Reason: To comply with the Protection of the Environment Operations Act 1997, and to preserve the environmental health and amenity of the adjoining area.

74. Any damage or deterioration to any portion of the footpath and/or kerb and guttering or other Council property including road reserves, during construction must be reinstated to its original condition at the owner's expense to the satisfaction of Council.

Reason: To maintain safe access for pedestrians and to protect the amenity of the adjoining area.

75. Water supply work or sewerage work that is plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011 must comply with that Act and the regulations under that Act. Any water supply work or sewerage work that is not plumbing and drainage work under that Act, and any stormwater drainage work, must comply with the Plumbing Code of Australia.

Reason: Council and Statutory requirement of Local Government (General) Regulation 2005.

76. The Applicant is to be made aware that if any Aboriginal sites/relics/remains are discovered on site that the proponent must; a. not further harm the Aboriginal object b. immediately cease all work at the particular location c. secure the area so as to avoid further harm to the Aboriginal object d. notify NSW OEH as soon as practical by telephoning 131 555, providing any details of the Aboriginal object and location e. not recommence works at the particular location unless authorised in writing by the NSW OEH.

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In the event that human/skeletal remains are unexpectedly encountered during the activity, all work must stop immediately, the area must be secured to prevent unauthorised access, and NSW Police and NSW OEH must be contacted.

All reasonable precautions must be taken to prevent damage to Aboriginal objects.

For more information please refer to the NSW Department of Environment, Climate Change and Water (NSW OEH) document entitled: Due diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales, available: http://www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pd f.

Reason: To protect Aboriginal heritage.

77. Work must not commence on the site before 7am on weekdays and Saturdays and 8am on Sundays and public holidays. All works must cease by 8pm on any day.

Reason: To comply with the Protection of the Environment Operations Act 1997 and Regulations.

78. Approval is granted for the removal of two (2) mature Corymbia Maculata (Spotted Gums) located near the existing tennis courts. No other vegetation requiring consent for removal as outlined in Clause 5.9 of the Murray LEP 2011, and Chapter 9 of Murray DCP 2012 is permitted to be removed without the consent of Council.

Reason: To protect the natural environment and existing vegetation on the site.

79. Further to the above condition, there must be no clearing of additional vegetation other than that approved by the NSW Murray Local Land Services, or in accordance with the provisions of the Native Vegetation Act 2003.

Reason: To comply with the Native Vegetation Act 2003.

80. The development must be in accordance with the relevant provisions and Regulations of the Native Vegetation Act 2003, the Threatened Species Conservation Act 1995, the National Parks and Wildlife Act 1974, and all other applicable legislation.

Reason: To comply with relevant legislation.

81. The developer must connect each proposed dwelling site to Council’s filtered water supply system. Water supplied for human consumption or domestic purposes must comply with the Australian Drinking Water Guidelines published in 2004 by the National Health and Medical Research Council. Separate filtered water meters must be provided for each dwelling site.

Reason: To satisfactorily service the dwelling sites created and to ensure that separate billing of newly created dwelling sites is possible.

82. The developer must connect each proposed dwelling site to Council’s raw water supply system. Separate raw water meters must be provided for each dwelling site.

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Reason: To satisfactorily service the dwelling sites created and to ensure that separate billing of newly created dwelling sites is possible.

83. The developer must connect each dwelling site to Council’s sewerage system. Connection is required into the existing sewer rising main located in Merool Road.

Reason: To satisfactorily service the dwelling sites created.

84. The Manufactured Home Estate must be connected to an appropriate stormwater drainage system, in accordance with the submitted and approved stormwater management plan. Each dwelling site within the MHE must be connected to the approved stormwater management system. The stormwater drainage system must comply with the Plumbing Code of Australia and the requirements of Council’s Engineering Department.

Reason: To ensure stormwater is adequately and appropriately disposed of from the development.

85. Each dwelling site must be supplied with electricity from a reticulated electricity service by means of an electrical circuit connected to a separate electricity meter. Any such electrical circuit must be installed in accordance with the requirements of AS/NZS 3000:2000, Electrical Installations (known as the Australian/New Zealand Wiring Rules) as in force on 1 September 2005, except that the maximum capacity of the electrical circuit supplying a dwelling site need not be greater than 32 amperes if the site is provided with gas, whether by means of a reticulated gas service or by means of on-site gas containers. If a dwelling site is provided with electricity otherwise than by way of direct connection to the local electricity supply authority’s electricity main, the maximum amount that may be charged for the supply of electricity during a particular period is the amount that the standard retail electricity supplier for the relevant district would have charged under a standard form customer supply contract for that supply during that period.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

86. The developer must provide all dwelling sites with underground electricity, at their own cost. The developer must consult with the relevant electricity provider and must obtain suitable written correspondence/evidence from this provider stating that underground electricity has been provided to each dwelling site, or alternatively that final agreement has been made between the underground electricity provider and the developer to provide underground electricity to each dwelling site. This written correspondence must be to the satisfaction of Council.

Reason: To satisfactorily service the dwelling sites created.

87. The developer must provide all dwelling sites with natural gas connection, at their own cost. The developer must consult with the relevant natural gas provider and must obtain suitable written correspondence/evidence from this provider stating that natural gas services have been provided to each dwelling site, or alternatively that final agreement has been met between the natural gas provider and the developer to provide natural gas

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services to each dwelling site. This written correspondence/evidence must be to the satisfaction of Council.

Reason: To satisfactorily service the dwelling sites created.

88. The developer must provide all dwelling sites with telecommunication connection, at their own cost. The developer must consult with the relevant telecommunications carrier and must obtain suitable written correspondence/evidence from this carrier stating that telecommunication services have been provided to each dwelling site, or alternatively that final agreement has been met between the telecommunications carrier and the developer to provide telecommunications services to each dwelling site. This written correspondence/evidence must be to the satisfaction of Council.

Reason: To satisfactorily service the dwelling sites created.

89. Prior to the use/occupation of a manufactured home on a dwelling site within the MHE, a Certificate of Completion must be obtained from Council (fees apply). Please contact Council to ascertain applicable fees.

Reason: To ensure compliance with Clause 69 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

NSW EPA Conditions that must be fulfilled

90. The proponent must take all necessary precautions and implement measures to prevent pollution of waterways during the proposed works.

Reason: To comply with NSW EPA requirements.

91. The proponent should be aware that under Section 120 of the Protection of the Environment Operations Act 1997 it is an offence to pollute waters.

Reason: To comply with NSW EPA requirements.

NSW Crown Lands Condition that must be fulfilled

92. The proponent must not:  Encroach upon the adjacent and adjoining Crown land,  Remove any vegetation from the adjacent and adjoining Crown land,  Stockpile materials, equipment or machinery on the adjacent and adjoining Crown land,  Use the adjacent and adjoining Crown land as access,  Direct stormwater discharges on the adjacent and adjoining Crown land, or  Use the adjacent and adjoining Crown land as asset protection zone.

Reason: To comply with NSW Crown Lands requirements.

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Essential Energy Conditions that must be fulfilled

93. If the proposal changes, Essential Energy must be informed for further comment.

Reason: To comply with Essential Energy requirements.

94. Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the property must be complied with.

Reason: To comply with Essential Energy requirements.

95. The existing 22,000 volt overhead powerlines traversing the property must be disconnected, removed, relocated or converted to underground infrastructure - refer to Essential Energy's Contestable Works Team for requirements. The Applicant must engage the services of an Accredited Service Provider to guide them through this process. The Applicant will also be responsible for all costs in connection with these required works.

Reason: To comply with Essential Energy requirements.

96. The Applicant must submit a low voltage connection application to Essential Energy for determination. Such application will: a) Determine whether the electrical requirements of the proposed development can be serviced via the existing electricity network; and b) Also consider whether further infrastructure, such as a dedicated pad mount substation, is required for the proposed development.

Please note that there may be significant costs involved and these are payable by the Applicant - refer to Essential Energy's Contestable Works Team for requirements;

Reason: To comply with Essential Energy requirements.

97. As part of the development, easements are created for any portion of the existing overhead powerlines that remain in situ - refer to Essential Energy's Contestable Works Team for requirements.

Reason: To comply with Essential Energy requirements.

98. A Notification of Arrangement (confirming satisfactory arrangements have been made for the provision of electricity) must be issued by Essential Energy with respect to all proposed manufactured homes and other buildings which will form part of the development. It is the Applicant's responsibility to make the appropriate application with Essential Energy for the supply of electricity to the development, which may include the payment of fees and contributions.

Reason: To comply with Essential Energy requirements.

99. Essential Energy's records indicate there is electricity infrastructure located within the property and within close proximity to the property. Any activities within these locations must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

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Reason: To comply with Essential Energy requirements.

100. Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWorkNSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice - Work near Overhead Power Lines and Code of Practice -Underground Assets.

Reason: To comply with Essential Energy requirements.

Conditions that must be fulfilled prior to the use of the site as a Manufactured Home Estate

101. The applicant must obtain a Section 68 Approval in accordance with the Local Government Act 1993 to: F3 Operate a manufactured home estate.

The approval to operate cannot be issued until all infrastructure and facilities required by Part 2 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 have been approved and constructed/installed to the satisfaction of Council.

Reason: To comply with the requirements of the Local Government Act 1993.

102. Section 94 Development Contributions and Section 64 Sewerage and Water headworks charges must be paid prior to the release of any Section 68 Approval to Operate. Charges are for the additional dwelling sites being created that will create additional demand on Council’s infrastructure. These charges are;

Section 64 Servicing Charges (2016/17 Rates) CONTRIBUTION CONTRIBUTION AMOUNT RATE (% OF ET) DEVELOPMENT SEWER WATER Units – 2 bedroom x Sewer 75% $917.25 per $1,569.60 (Filtered) + 92 Water 60% unit x 92 $184.20 (Raw) per unit x 92 Total = $84,387 $144,403.20 + $245,736.60 $16,946.40 = $161,349.60

Section 94 Development Contributions (2016/17 Rates) CONTRIB CONTRIBUTION AMOUNT UTION RATE (% OF ET) DEVELOP ROAD OPEN COMMUNITY WASTE STORM MENT UPGRADE SPACE FACILITIES WATER

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2 bedroom 70% $1,166.20 per $315 $105 per unit $210 $315 unit x 92 unit per unit x 92 per unit per unit x 92 x 92 x 92 x 92 Total = $107,290.40 $28,980 $9,660 $19,320 $28,980 $194,230.4 0

The subject Section 94 Development Contributions are imposed under the former Murray River Council Section 94 Development Contributions Plan 2011, of which is available for inspection at Murray River Council’s Mathoura office, 21-25 Conargo Street, Mathoura NSW 2710, or on Council’s website at www.murrayriver.nsw.gov.au.

Reason: To comply with Council’s Development Contribution policies.

103. A development application must be submitted to Council for the community amenities building and swimming pool to service the MHE (granted concept consent as outlined in Condition 1 of this consent). The development application(s) must be approved, the buildings constructed and an Occupation Certificate received prior to the issuing of an Approval to Operate the MHE.

Reason: To ensure the MHE is adequately serviced.

104. The developer must construct a 2.5m wide hotmix pedestrian/cycling path from Grimison Road to the southern boundary of 56 Merool Road, Moama (Lot 1 DP 8038047 and location of the Moama RSL Club). The work must be completed to the standard of Council’s Engineering Department.

Reason: To comply with the requirements of Council’s Engineering Department.

105. The developer must widen Merool Road to an 8m wide seal along the subject site property boundary. The work must be completed to the standard of Council’s Engineering Department.

Reason: To comply with the requirements of Council’s Engineering Department.

106. The developer must widen Grimison Road to an 8m seal width. Grimison Road must be widened between Merool Road and the proposed development entry. The work must be completed to the standard of Council’s Engineering Department.

Reason: To comply with the requirements of Council’s Engineering Department.

107. The developer must widen the Grimison Road and Merool Road intersection to provide a rural type BAR basic right turning lane. The work must be completed to the standard of Council’s Engineering Department.

Reason: To comply with the requirements of Council’s Engineering Department.

108. Street lighting must be provided on poles between Grimison Road and the nearby Moama RSL Club (Lot 1 DP 8038047). The work must be completed to the standard of Council’s Engineering Department.

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Reason: To comply with the requirements of Council’s Engineering Department.

109. Works As Executed (WAE) plans of all infrastructure and services must be provided to Council in both hard and electronic format (i.e. PDF and AutoCAD dwg. formats). The Submitted WAE plans must be to the satisfaction of Council and must contain the true and correct locations & details of all installed infrastructure. The Applicant must also provide Council with an asset value for all installed infrastructure that will be transferred to and/or managed by Council.

Reason: To ensure Council receives true and correct details/location for all installed infrastructure and services in the form of Works As Executed plans.

110. Landscaping and associated infrastructure must be completed to the satisfaction of Council in accordance with the approved Landscaping Plan prior to the use of the site as a MHE.

Reason: To ensure the MHE is appropriately landscaped.

111. Water, electricity and gas servicing the MHE must comply with the all applicable requirements of Section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Reason: To comply with Planning for Bush Fire Protection 2006.

112. Fire hydrant spacing, sizing and pressures must comply with Australian Standard AS 2419.1- 2005 'Fire Hydrant Installations'.

Reason: To comply with Australian Standard AS 2419.1- 2005 'Fire Hydrant Installations'.

113. Fire hydrants must not be located within any road carriageway.

Reason: To comply with the Australian Standard.

114. Adequate 19mm (internal diameter) fire hoses and reels must be installed to provide for fire fighting for all areas within the Manufactured Homes Estate.

Reason: To comply with legislation.

115. An Emergency/Evacuation Plan must be prepared consistent with the NSW Rural Fire Service document 'Guidelines for the Preparation of Emergency/Evacuation plan'.

Reason: To comply with 'Guidelines for the Preparation of Emergency/Evacuation plan’.

116. Appropriate signs must be erected within the site, which remind drivers to utilise low beam lights on their vehicles. The signs must be of an appropriate size.

Reason: To protect the amenity of the area.

117. Occupation - The applicant must not allow or permit the site of the MHE to be occupied or used, until: a. All conditions of this consent have been completed in full.

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Reason: To comply with the requirements of the Environmental Planning and Assessment Act 1979 and to ensure compliance with conditions of consent. Advice to Applicant

The land subject to this consent may have restrictive covenants applying to it. It is the responsibility of the owner and builder to ensure that covenants are adhered to. Council does not enforce or regulate covenants and therefore accepts no responsibility for checking the compliance of building design with such covenants.

Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979.

It is noted that it is the responsibility of the Applicant to ensure that the development is consistent with the NSW Department of Environment, Climate Change and Water (NSW OEH) document entitled: Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales, available: http://www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pdf.

Reason: To ensure compliance with the Due Diligence Code of Practice for the Protection of Aboriginal Objects.

As outlined in Clause 9 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, it is noted that the prior consent of the Council is not required for: (a) the installation of a manufactured home on land within a manufactured home estate, so long as: (i) it is designed, constructed and installed in accordance with the relevant requirements of Division 4, and (ii) it is not occupied by any person until a certificate of completion has been issued for it, or (b) the installation of an associated structure on land within a manufactured home estate, so long as it is designed, constructed and installed in accordance with the relevant requirements of Division 4.

An exemption provided for by this advice applies in respect of the installation of a manufactured home only if such installation is carried out by or with the consent of the holder of the approval to operate the manufactured home estate concerned.

An exemption provided for by this advice does not apply to the installation of a manufactured home on flood liable land if the council has notified in writing the holder of the approval to operate the manufactured home estate concerned, before that installation, that the land is flood liable land.

An exemption provided for by this advice does not apply to the installation of manufactured homes, or associated structures, of more than one storey in height.

Reason: To advise the Applicant of relevant exemptions outlined within the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

Underground assets may exist in the area that is subject to the application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial

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Before You Dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures. If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the development consent (or a new development application) may be necessary.

Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets on the relevant property via contacting the Dial Before You Dig service in advance of any construction or planning activities.

Reason: To protect underground assets.

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MURRAY RIVER COUNCIL DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT ORDINARY MEETING OF COUNCIL 8 AUGUST 2017

CLAUSE 6. DRAFT MOAMA & DISTRICT RURAL LAND USE STRATEGY 2017

AUTHOR: Llyan Smith, Planning Support Officer TRIM REF:

Issues considered in writing this report: Community Strategic Plan, Delivery Program, Council Policy, Legislation, Environmental Issues, Risk Issues & Options – issues applicable have been reported on.

RECOMMENDATION

1. That Council resolve to adopt the final Moama & District Rural Residential Strategy 2017. 2. That Council forward the final Moama & District Rural Residential Strategy 2017 to the NSW Department of Planning & Environment seeking endorsement. 3. That upon endorsement of the Moama & District Rural Residential Strategy 2017 by the NSW Department of Planning & Environment, Council prepare a concept Master Plan and development servicing plan for the new rural-residential areas to guide the subdivision design and the staged provision of infrastructure. 4. That upon completion of the concept Master Plan, Council forward the concept Master Plan to the NSW Department of Planning & Environment for endorsement. 5. That upon endorsement of the concept Master Plan by NSW Department of Planning & Environment, Council prepare a Planning Proposal to implement stage 1 of the Moama & District Rural Residential Strategy 2017. 6. That Council amend the applicable Development Control Plan to incorporate the outcomes of the Strategy. 7. That Council amend the relevant Development Contributions plan to incorporate the outcomes of the Strategy.

BACKGROUND INFORMATION

At Council’s Ordinary meeting held on Tuesday 3 March 2015 Council heard a report regarding the preparation of a Planning Proposal to make minor amendments to the Murray LEP 201. As part of this report, Council heard a number of Clauses put forward in response to the requests of a number of submission makers seeking to reduce the minimum lot size of their RU1 Primary Production Zoned land to facilitate the creation of lifestyle farming blocks or “hobby farms”. In response to these submissions, Council resolved:

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“…that Council employ a suitably qualified Consultant to undertake a Rural Land Use Strategy investigating a number of RU1 zoned properties and areas to assess the justification for rezoning or minimum lot size reduction…”

After completing the tender process, a contract was awarded to Zenith Town Planning to produce the Draft Moama & District Rural Residential Strategy 2017, hereinafter referred to as the ‘Draft Strategy’.

The objective of the draft Strategy is to identify opportunities for rural-residential development on land in the vicinity of the township of Moama via rezoning and reduction of minimum lot sizes. The draft Strategy affects land currently zoned RU1 Primary Production within the draft study area, only. Figure 1 below sets out the applicable areas investigated as part of the draft Strategy.

Figure 1: Draft Rural Residential Strategy investigation areas

The solid red line in Figure 1 represents the area which has been investigated as part of the draft Strategy. The purple stars indicate specific lots, and the broken purple line indicates specific areas, which were to be specifically investigated as a part of the draft Strategy based on historic public submissions made to Council regarding rural-residential land use.

Draft Murray River Council Moama & District Rural Residential Strategy 2017 (as advertised) A full copy of the draft Strategy (as advertised) has been included for your reference as Appendix 15. The draft Strategy incorporates assessment against the statutory planning framework, analysis of demographics and figures associated with population, housing, industry, employment and development trends within Murray River Council, together with an assessment of land attributes and environmental considerations of land within the study

This is Page No. 144 of the Director Planning Environment & Economic Development Report submitted to the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 8 August 2017 at the Riverside Reception Centre, 15 Murray Street, Barham. 0326 area. As a result of the investigations undertaken by Zenith Town Planning, the Study Area was subsequently reformed into five (5) Areas, as set out in Figure 2, below.

Figure 2 - Area 1

Figure 3 – Area 2

Figure 4 – Area 3

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Figure 5 – Area 4

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Figure 5 – Area 5

Detailed assessment of the Areas has been undertaken, encompassing consideration of the following:  Consistency with applicable legislation and Section 117 Directions of the NSW Department of Planning Environment  Land capability and agricultural class  Existing land uses  Adjoining uses  Contamination potential  Vegetation  Presence and proximity of Ecologically Endangered communities (EECs)  Mapped wetlands  Key fish habitat  Bush fore prone land  Flood prone land  Indigenous heritage  Non-Indigenous heritage  Servicing capacity  Distance from the town centre  Potential for land use conflict

Land suitability criteria has also created as part of the draft Strategy, with land suitable for rural residential development displaying the following attributes:  Unconstrained – already mostly cleared on native vegetation, free from natural hazard including bushfire and flooding, not contain an known items of indigenous or non- indigenous cultural heritage, and not be identified as potentially contaminated;  Located as to be visually acceptable and to not adversely impact on rural or riverine landscapes ;

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 In close proximity to a centre so that access to commercial and institutional services is optimised and distances to be travelled to these services is minimised;  Of low potential for land use conflict with neighbouring urban development of rural uses;  Of low land capability in terms of primary production potential due to low arability and/or size of parcels;  Located where it forms a continuous cluster with existing urban lots or is infill development of an area that has been partially subdivided in order to minimise the potential for land use conflict with adjoining industry uses; and  Ability to be efficiently serviced with reticulated water, sewerage disposal and access roads.

In summary, the investigations yielded that Areas 1, 4 and 5 did not possess suitable attributes for rezoning to facilitate rural residential land use. Area 3 was considered suitable for rural-residential land uses, with a 2 hectare and 5 hectares minimum lot size considered suitable. See Figures 6 and 7, below. It was suggested that Area 2 be set aside for future investigation.

Figure 6 – Part of Area 3 recommended for 2 hectares (20,000m2) minimum lot size

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Figure 7 – Part of Area 3 recommended for 5 hectares (50,000m2) minimum lot size

The draft Strategy (as advertised) further recommended that the area shown in Figure 6 be rezoned to R5 Large Lot Residential and land within Figure 7 be rezoned to RU4 Primary Production Small Lots. While Murray River Council does currently contain land zoned as R5, Council does not currently contain any RU4 zoned land. For your reference, the aims and objectives, together with the land use table have been extracted from the Standard Instrument—Principal Local Environmental Plan relating to the RU4 zone:

RU4 Primary Production Small Lots 1 Objectives of zone  To enable sustainable primary industry and other compatible land uses.  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.  To minimise conflict between land uses within this zone and land uses within adjoining zones.

2 Permitted without consent Home occupations

3 Permitted with consent Dwelling houses; Plant nurseries

4 Prohibited [to be determined by Council as part of a Planning Proposal]

In accordance with the requirements of the Standard Instrument, the following land uses must be included as either “Permitted without consent” or “Permitted with consent” for the RU4 zone:  Extensive agriculture

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 Farm buildings  Intensive plant agriculture  Roads  Roadside stalls

It is considered that the introduction of an RU4 zone and minimum lot sizes of 2 and 5 hectares would fill a current gap in Murray River Council’s housing availability, and would suitably facilitate rural residential development.

The draft Strategy (as advertised) recommended the following actions be undertaken to achieve the strategic outcomes of the draft:

Action 1 Amendments to the Murray LEP 2011 zoning maps and minimum lot sizing maps.

Action 2 Prepare a concept masterplan for the new rural residential areas to guide the subdivision design and the staged provision of infrastructure.

Action 3 Amend the Murray DCP 2012.

Action 4 Implement the land release strategy (as per Figure 8). This aspect will be incorporated into the concept masterplan.

Figure 8 – proposed staging of land release

Action 5 Prepare development servicing plan. This aspect will be incorporated into the concept masterplan.

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Action 6 Amend the Murray Development Contributions plans to enable Council to levy contributions for open space, road upgrade, car parking, community facilities, waste management and stormwater.

Action 7 Monitor land availability and approvals to inform the release of new stages of land for rural residential land use. New land is to be released once availability of RU4 land has fallen below 10 years of supply based on take up over the preceding five year period. This aspect will be incorporated into the concept masterplan.

Action 8 Further investigation of Area 2 for suitability as rural residential land once the availability of RU4 land has fallen below 10 years of supply based on take up over the preceding five year period. This aspect will be incorporated into the concept masterplan.

Public Consultation Upon finalisation of the draft Strategy in line with the requirements of the Brief prepared by Council, the draft was exhibited for public comment for thirty-five (35) days beginning 14 June 2017 and ending 19 July 2017. As part of this exhibition process, the following actions were undertaken:  Notice of advertisement printed in the Riverine Herald newspaper on 14 June 2017;  Notice of advertisement printed in the Pastoral Times newspaper on 16 June 2017;  Hard copies of the draft Strategy placed in all Council offices and transaction centres (available from 14 June 2017 to 19 July 2017);  Soft copy of draft Strategy and supporting information advertised on Council’s website;  Letters of correspondence sent to all landowners within the study area on 16 June 2017;  Referral to Government agencies and potentially affected businesses for comment;  Public announcement made on local radio on 5 July 2017 regarding the advertisement of the draft Strategy and the Community Workshop to be held regarding the draft Strategy;  Community Workshop held on 5 July 2017 held at the Moama Sports Club.

The draft Strategy was referred to the following agencies for comment:  Department of Planning & Environment (Draft response received 25 July 2017)  NSW Roads & Maritime Service (no response received as at 24 July 2017)  Campaspe Shire Council (no response received as at 24 July 2017)  NSW Office of Environment & Heritage (See submissions summary below)  NSW National Parks & Wildlife Service (no response received as at 24 July 2017)  NSW Department of Primary Industries (Agriculture) (no response received as at 24 July 2017)  NSW Department of Primary Industries (Water) (no response received as at 24 July 2017)  NSW Department of Primary Industries (Fisheries) (no response received as at 24 July 2017)  NSW Department of Industry – Lands (no response received as at 24 July 2017)  Destination NSW (no response received as at 24 July 2017)  NSW Rural Fire Service (no response received as at 24 July 2017)

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 NSW Department of Industry - Resources and Energy (no response received as at 24 July 2017)  NSW Police (no response received as at 24 July 2017)  NSW Department of Health (no response received as at 24 July 2017)  Murray Darling Basin Authority (no response received as at 24 July 2017)  Murray Irrigation Limited (no response received as at 24 July 2017)  NSW Murray Local Land Services (no response received as at 24 July 2017)  NSW Environment Protection Authority (no response received as at 24 July 2017)  Moama Local Aboriginal Land Council (no response received as at 24 July 2017)  Essential Energy (no response received as at 24 July 2017)  The APA Group (See submission summary below)  Telstra Head Office (no response received as at 24 July 2017)  NBN Co. (See submissions summary below)  Woodlands Pump Syndicate (no response received as at 24 July 2017)  Murray Shire Heritage Advisor (no response received as at 24 July 2017)

In response to the draft Strategy, Council received fifteen (15) submissions, included as Appendix 16 for your reference. A summary of the submissions and the response provided by Council’s consultant are set out in Table 1 below.

Table 1 – Submissions summary and response Submission Details of submission Response Submission 1  Concerned about inflexibility It is agreed that the lot averaging of the proposed zoning of process can improve environmental Rich River Irrigation RU4 and R5 Large Lot outcomes by enabling subdivision Development Pty Ltd (Doc Residential with minimum lot layouts that create lots smaller than the ID 195200) sizes of 5 and 2 hectares as minimum lot size and the conservation this approach fails to take into of sensitive land within a residue lot account any environmental constraints or aesthetic A recommendation has been added to considerations for a site, and the strategy to consider including the produces a monoculture of standard instrument LEP clause for lot properties which fails to meet averaging into the forthcoming review of the diverse need of the Murray LEP 2011 and Wakool LEP community 2013. It is considered that the clause  Example given of where should only apply where there is a vegetation will be removed to defined environmental benefit such as facilitate rural living the subdivision of the land located west  An alternative approach is to of the golf course and south of Tataila encourage flexibility in the Road (Lot 2 DP 1213446 and Lot 24 DP design to embrace the natural 668368). This may be achieved by features of the site using lot inserting a provision in Schedule 1 size averaging to conserve Additional permitted uses of the LEP to areas of environmental apply to these lots only. A minimum lot significance size may also be prescribed to prevent  An explanation of the benefits subdivision to a small lot size that is of lot averaging is provided effectively urban

Submission 2  Owns 40ha adjoining Tataila Both Lot 1 and Lot 5 adjoin land zoned Road and carries out farming R5 which has been developed to lot Owner of Lot 1 DP 1086557 operations with adjoining Lot sizes of 4,000m2 and 8,000m2. The (located within Area 3) (Doc 5 DP 1129736 to the south. potential for land use conflicts currently ID 195370 & 195371) Occasional crop dusting is exists and would be improved with lots of 2 or 5ha which could incorporate

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carried out which may conflict larger separation distances between with future residential uses dwellings and agricultural operations. It  Needs to ensure that Tataila is recommended that adequate buffers Road is extended across the to adjoining rural activities be specified northern boundary to connect in the concept masterplans and the with Thyra Road. This would development control plan enable access for emergency services if land to the south is It is agreed that an extension of Tataila subdivided such that Myall Road to connect to Thyra Road would Lane access is removed. It benefit the future subdivision of land at would also facilitate and the northern end of Area 3 and facilitate benefit subdivision of the sequential planned subdivision. Land to owners land and adjoining become a future extension to the road land. An easement to drain reserve could be dedicated as a stormwater was recently condition of consent upon approval to installed along the owners’ subdivide. Council may wish to acquire northern boundary to cater to land for a road reserve in advance of adjoining residential estates. subdivision to ensure the linkage is This fills a dam on the owners made. Costs could then be recouped by land with excess draining to way of developer contributions. An the river extension of Tataila Road should be  The owners land and shown in concept masterplans prepared adjoining land to the south for Area 3 and the source of funds should be subject to a 2ha lot identified, e.g. development size to enable a better layout contributions or dedication. This would and access and reduce ensure that a logical pattern of potential for land use conflict subdivision is developed and that access roads are optimised

Recommended minimum lot sizes have been reviewed following the community workshop. The recommended mix of 2ha and 5ha lots is retained in the strategy

Submission 3  Most of Lot 5 is high and not This land is located in Area 5 which has flood prone, occupied by a been assessed to be unsuitable for rural Owners of Lot 5 DP 252159 house and shed with a boat residential development due to: Goldsborough Road (Doc ID ramp, has a houseboat - environmental constraints 195358) mooring zone, would not (endangered ecological revert back to primary communities, flooding, bushfire production and is accessed threat, wetlands and key fish habitat via Goldsborough Road which - potentially high visual impacts due is bitumen sealed to the need for clearing for bushfire  High land has very few trees protection and loss of scenic and is approximately 150m qualities from the treed river frontage. - being a distance of 10km from the The boat ramp and house town centre and services and not boat business weakens the forming a logical extension to the environmental argument existing urban area  Septic systems could be - potential for land use conflict due to installed that produce edge effects on environmentally gardening water if lots sensitive land subdivided to 7,000m2. Raw - advice form Council engineers that water available from the river a secondary storage and treatment with existing water right. Only facility would be required to service filtered water required which the land with reticulated water and should not be too difficult to sewer achieve

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 Land is 9kms from Moama via Permitting rural residential subdivision a bitumen road to the gate. If of this area to a minimum of 7,000m2 not possible to rezone for rural would set an undesirable precedent in a living then request relatively remote location. consideration when there is a change in the LEP Additionally, the aim of the Moama & District Rural Residential Strategy is to provide rural-lifestyle type lots not currently available for development within Murray River Council. It is noted that the proposed 7000m2 lots do not align with aims of the Strategy and rather would add to an urban lot size which are already available within Murray River Council.

Submission 4  Area 3 should be considered There is adequate land set aside and for residential development to zoned for residential development in Owners of Lots 56-61 marry up with existing Moama in accordance with the Strategic DP751159 Cobb Highway development and to reduce Land Use Plan 2010-2030 and the (Doc ID 195347) potential for conflict between North West Master Plan. Area 3 is not hobby farming and residential identified for future urban development use in either of these strategic documents or  Area 2 not identified as a flood Murray LEP 2011. planning area, has no known heritage, has all services It is acknowledged in the strategy that except raw water and has lots Area 2 is relatively unconstrained and ranging between 20 and 40 can be serviced with water and sewer acres. Area 2 is suitable for but is some distance from the town rural residential development centre and services. It is not considered as is not surrounded by necessary to rezone Area 2 for rural residential development, residential development at this point in conflict would not be an issue time given that it is estimated that Area and an earth buffer wall can 3 will generate 120 lots at a mix of 2h be built to separate industrial and 5ha lot sizes. If and when the from rural residential land supply of rural residential lots declines  Growth from 2011 to 2017 far then Council may carry out further greater than stated in the investigations into the suitability of Area strategy therefore far greater 2 for rural residential development. The demand for rural residential inclusion of a substantial buffer would lots be required to protect the industrial  There are no 5 or 10 acre lots zoned located at the north-east corner available in Moama or of this area Echuca, releasing lots would offer lifestyle opportunities Recent high demand for residential land and be beneficial for the is acknowledged. Council’s land economy monitor will provide evidence of near  Smaller lots would enable term demand for rural residential land more intensive scale of and any necessity to rezone more land farming without conflict with for urban or rural residential neighbouring properties development

Submission 5  Request 250ha east of Cobb Though most of the land the subject of Highway to be considered for the request is outside the Murray LEP Owners of Lot 70 DP 751152 rezoning for the following 2011 flood prone area, the western and adjoining land to the reasons: edge of Lot 70 and land to the north is north (Doc ID 195358 & - The land is not subject to within the area mapped as being 195346) Murray REP No 2 [sic] subject to a 1:100 year flood event. The land is separated from the urban zones

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and is not in the 1:100 of Moama by farming properties and year flood prone area smaller 10 hectare lots - Not affected by natural hazards or heritage Development of this land would lead to - Low visual and noise ribbon development by making land significance along the highway available for rural - Close to town centre living lots. This is inefficient land - Low land use conflict due development due to the increasing to being 2km from quarry distance from town centre services and - Extends urban costs to supply infrastructure services. development along Servicing land east of the Cobb Milgate Road with access Highway also requires spur lines from off that road the water and sewer mains which would - Ability for 2, 5 and 8ha lots detract from the efficiency of existing - Ability for R5, RU4 or water and sewer services commercial zoning It is estimated that the 120 lots - Have made over 20 proposed through the rezoning of Area requests to rezone over 3 will cater for 20 years at the take up last 10 years rate of 6 lots per annum (the only - Proposed 120 lots in Area estimates of demand available) or 12 3 will be taken up in next years at 10 lots per hectare. This is 5 to 8 years due to considered an adequate supply which interest in 2ha lots may be augmented in the future if take - Land not viable for up is stronger than expected. It is agriculture due to size acknowledged that there has been and yield capacity recent strong growth in residential - Quarry not used regularly development in Moama, however, the therefore minimal conflict demand for rural residential due to dust, noise, heavy development has yet to be tested. vehicles Should take up be faster than - Raw and filtered water anticipated then the rezoning of connections exist and can additional land for rural living would connect to sewerage, proceed stormwater, power services The drivers of demand have been  Enough land for future considered in the strategy and these development has not been include persons relocating from identified to be rezoned as R5 Melbourne and regional Victoria. and RU4 for 2, 5 and 8 ha lots Strategic documents prepared for due to significant residential Campaspe Shire have also been growth in last 15 years considered which address in-migration  Traffic impacts on Perricoota from metropolitan and regional Victoria Road of proposed rezonings have not been considered Despite being largely unaffected by  Request that demographic environmental constraints, natural figures be revised to reflect hazards, heritage and the like, on 2016 census including balance Area 3 is better suited for rural population mobility and residential development due to being an employment data to be extension of existing large lot residential released in October 2017 development and the capacity to  The population of Moama has provide services. The traffic impacts of grown by 11% between 2011 developing Area 3 have been and 2016, not 1% as considered in the strategy presented at the community workshop The strategy has been updated to  Effect of Victorians relocating include 2016 Census data for to Moama needs to be population and dwellings. It is intended researched and findings to put the draft strategy to Council for included in the strategy

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adoption prior to the release of 2016 Census employment data

Based on census data for the period 2001 to 2016, the population of Moama has grown by 45% and by 13.7% between 2011 and 2016. These figures equate to an average growth of 3% per annum over the period 2001 to 2016 and 2.7% per annum between 2011 and 2016. High growth rates can be partly explained by the fact that the growth is from a small base, i.e. 4,019 persons in 2001 to 5,849 persons in 2016. A growth figure of less than 1% per annum was cited at the community workshop. This is based on population projections issued by the Department of Planning & Environment for the whole of Murray River LGA. It is expected that the growth of Moama will continue to be greater than projections for the whole LGA

Submission 6  APA Group manages high Nil. No changes to the strategy are pressure gas transmission necessary in response to this The APA Group (Doc ID pipelines submission 195378)  The closest licensed pipeline is located approximately 11km to the south of the subject area  APA has no objection to the proposed strategy and no comments to offer

Submission 7  The property has raw water, Recent high demand for residential land power, town water and bottled is acknowledged and the fact that Owner of Lot 2 DP 854487 gas. A single access point substantial investments are currently Perricoota Road (Doc ID could service multiple lots. being made to upgrade infrastructure 195380) Occupied by one dwelling, will ensure that demand remains strong crops and livestock. Direct access to schools, shops and It is recommended that the allocation of sporting facilities in Moama. 2ha and 5ha minimum lot sizes be The proposed new bridge will unchanged as these lot sizes provide a relieve congestion point of difference to those currently  Surrounding estates have available in Moama and Echuca, and higher density lots of 700m2 to provide for rural living. Lot sizes of 4,000/8,000m2 and other 0.5ha or 1ha would extend the current estates nearby with lots subdivision pattern of Kilkerrin and Rich between 700m2 and 1,500m2 River Estates which are between have sold quickly. Believe 4,000m2 and 8,000m2 in area and are that housing demand will essentially large residential lots. increase due to recent completion of Echuca The Moama North West Master Plan is Regional Health, the new already in place to plan for and facilitate bridge, proposed upgrade of the growth of urban lot sizes catering for Bendigo/Echuca rail line. residential development. There are Demand in Moama may currently a number of stages which are exceed that in Campaspe yet to be released as part of the Moama

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Shire and logical area for rural North West Master Plan, and thus, residential development is supply of residential lot sizes referred to Area 3 by the submission maker are currently  Support smaller lot sizes as: already strategically catered for within - 2ha is too small for the Moama area. farming and too large for residential, - appropriate to have a gradation of lots from urban to rural, the jump from 700 to 4,000/8,000m2 to 2ha is too much - real estate suggests not a large demand for 2ha lots - less potential land use conflict - more land owners would look favourably on subdivision - costs of providing services offset by spread of costs across more lots - 0.5ha or 1ha lots a realistic transition - smaller lots would mean slower consumption of rural land  Request minimum lot size of 0.5ha or 1ha in Area 3

Submission 8  May be prudent to consider It is acknowledged in the strategy that 2ha lots for all of Area 3 and Area 2 is relatively unconstrained and General submission (Doc ID 5ha lots for Area 2 as there is can be serviced with water and sewer. 195388) potential to sterilise land that However, Area 2 is some distance from has been subdivided into 5ha the town centre and services, and does lots from further subdivision. adjoin industrial zoned land. On 2ha lots for all Area 3 would balance, Area 3 is considered more form a contiguous extension suitable due to proximity to the town of urban areas and be centre, is less constrained and is a adequately serviced. Area 2 logical extension to adjoining large could satisfy demand for 5ha residential lots lots without adverse impacts of the rear of lots facing the It is not considered necessary to rezone highway and conflicts with Area 2 for 5ha lots at this point in time industrial land given that it is estimated that Area 3 will  Land located beside the golf generate 120 lots at a mix of 2h and 5ha course south of Tataila Road lot sizes and south of Rich River Lakes Estate should be considered The land located beside the golf course for future residential due to south of Tataila Road is constrained by adjoining residential remnant vegetation and drainage lines. development and to align lot The appropriate zoning and lot size for sizes. This would prevent the this land has been considered on a conversion to small lot number of occasions and it has been residential at a later stage found unsuitable for urban residential  A lot size of 2ha for the zoning. This is due to the need to remainder of Area 3 would protect remaining native vegetation (an suit the market with larger lots

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moving away from the urban EEC)and to avoid adverse impacts of area providing a transition stormwater drainage on adjoining land from urban to rural farmland. This would create a flow-on sequence of 5ha for Area 2 which would appease the aims of SEPP (Rural Lands) 2008 Rural Subdivision Principles to minimise rural land fragmentation and land use conflict

Submission 9  Recognise that demand for Recent high demand for residential land land is quicker than 2001- has been acknowledged in the final Owner of Lot 1 DP 1129736 2011 data suggests strategy and census data for 2016 used Perricoota Road (Doc ID  Separate rezoning to update demographic descriptions 195405) considerations in Moama from western areas of the LGA as Environmental considerations are there are major influences similar across Murray River LGA. It is and differences understood that urban development and  Prefer 2ha lot size for economic factors differ between Moama appearance, neatness and and surrounding areas. The strategy management focusses on Moama and demographic  Consider flexible expanded data for Murray River LGA is provided development of cluster for comparative purposes housing such as apartments, town houses, smaller types of A 2ha lot size is appropriate for land in communal accommodation close proximity to existing R5 zoned located within parkland, e.g. and developed land. This provides a North Adelaide. Raw water transition between land that has been services exist, close proximity subdivided to 4,000m2 or 8,000m2 and to town centre and good roads land to the west where a 5ha lot size is  Higher density population in recommended to apply. However, the an attractive rural setting development of higher density housing close to urban area with is better suited to an urban residential associated rate revenue and zone than a rural residential zone. easier transition to future Cluster housing would not meet the urban preferred to 2ha or 5ha objectives of zone RU4 Primary lots with ill positioned Production Small Lots which are to buildings encourage primary production and  Expecting take up greater other compatible uses particularly those than 6 lots per annum in that require smaller lots and are more immediate Moama area intensive. The RU4 zone provides for a  Development costs for diverse range of lifestyles as an smaller lots less onerous as alternative to urban residential living. overheads associated with More intense style residential services are spread over development (as suggested by the more lots submission) does not align with the aims of the Moama & District Rural  Examples in USA and South Residential Strategy, which seeks to Australia are cited provide rural-lifestyle type lots not  The area may house some currently available for development future educational within Murray River Council. development sue to location

and proximity to Bendigo and Council will monitor the take up of rural Melbourne residential land over coming years.

Should take-up be stronger than anticipated then additional land would be considered for rural residential development

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The spread of costs to service a subdivision over a greater number of smaller lots is appreciated, however, there are opportunities to develop to a smaller lot size elsewhere in Moama with over 30 years supply of land set aside for urban development. Providing for 2ha and 5ha lots provides a point of difference to existing large residential lots and caters to a different market

Submissions 10 & 11  The property has raw water, Land has been identified and zoned for power, town water and bottled future urban development in Moama in Submission by the owner of gas. A single access point accordance with the Strategic Land Use Lot 1 DP 854487 (Doc ID could service multiple lots. Plan 2010-2030 and the North West 195406) and a separate but Occupied by one dwelling, Master Plan. Area 3 is not identified for identical submission by the crops and livestock. Direct future urban development in either of owner of Lot 4 DP 1129736 access to schools, shops and these strategic documents or Murray (Doc ID 195407) sporting facilities in Moama. LEP 2011 The proposed new bridge will relieve congestion Recent high demand for residential land  Perricoota Road identified as is acknowledged and the fact that preferred growth corridor. substantial investments are currently The Strategic Land Use Plan being made to upgrade infrastructure identifies Area 3 as the will ensure that demand remains strong. preferred urban residential Council’s land monitor will provide development over the longer evidence of demand and any necessity term. The owners property to rezone more land for urban or rural adjoins higher density 700m2 residential development. to 4,000/8,000m2 lots  Moama a desirable residential It is recommended that the allocation of location with significant 2ha and 5ha minimum lot sizes be housing development activity unchanged as these lot sizes provide a currently taking place along point of difference to those currently Perricoota Road and Twenty available in Moama and Echuca, and Four Lane with lots from provide for rural living. Lot sizes of 700m2 to 1,500m2. Higher 0.5ha or 1ha would extend the current number of approvals per subdivision pattern of Kilkerrin and Rich capita likely in Moama than River Estates which are between Echuca 4,000m2 and 8,000m2 in area and are  Housing demand expected to essentially large residential lots increase with recent completion of $65mil extension to Echuca Regional Health, new $290mil river crossing, allocation of $91mil on Bendigo/Echuca rail line, growth pressures in Melbourne leading to Echuca Moama as desirable tourist and residential destination  There is demand for rural residential lots in Moama which may exceed that in Campaspe Shire. The logical area for rural residential development is Area 3  Support smaller lot sizes as:

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- 2ha is too small for farming and too large for residential, - appropriate to have a gradation of lots from urban to rural, the jump from 700 to 4,000/8,000m2 to 2ha is too much - real estate suggests not a large demand for 2ha lots and difficulties with maintenance - less potential land use conflict - more land owners would look favourably on subdivision - costs of providing services offset by spread of costs across more lots - lot averaging would improve flexibility for buyers and sellers - 0.5ha or 1ha lots a realistic transition - smaller lots would mean slower consumption of rural land  Request minimum lot size of 0.5ha or 1ha in Area 3

Submission 12  Developers are required to Nil. These points relate to development provide telecommunications of land after rezoning has been effected NBN Co. (Doc ID 195445) infrastructure in new and to Council’s statutory planning development, including ‘fibre- operations. No changes to the strategy ready facilities’ and to contract are necessary in response to this a carrier to install and operate submission a network  Requests Council to consider making developers aware of requirements and encouraging them to contact a carrier prior to preparing detailed designs, and to include evidence in checklists that developers have entered an agreement with a carrier and that works have been completed and certified

Submission 13  The proposed zoning of Area It is agreed that detailed surveys of flora 3 may impact on native and fauna, an assessment under the NSW Office of Environment vegetation which may provide Biodiversity Assessment Method and & Heritage (Doc ID 195446) habitat for threatened species an assessment of potential impacts on and/or native species. Due to Aboriginal heritage should be carried the presence of endangered out as part of the planning proposal to ecological communities and rezone land for rural residential potentially hollow-bearing development. This is now noted as a

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trees, it is recommended that recommended action in the strategy. It detailed flora and fauna is noted that referral to the assessments by qualified Commonwealth Minister for Energy and ecologists be completed for the Environment may subsequently be Area 3 as part of the planning required under the EPBC Act proposal to rezone Area 3 to ensure that impacts are An AHIMS search for Area 4 has been identified early and to guide carried out on 25 July 2017 to update infrastructure design that undertaken in 2015. No new items  The Biodiversity Conservation or places have been recorded. The Act 2016 will trigger the scarred tree is noted in the attribute Biodiversity Offset Scheme description of Area 4 and require assessment under the Biodiversity The effect of any revised flood planning Assessment Method. It is area mapping will be taken into account recommended that the in the planning proposal and/or future assessment be carried out as development proposals should new part of the planning proposal information become available and or before subdivision additional land be mapped as flood proceeds to ensure that prone constraints are identified and offsets considered. Building envelopes and infrastructure should be sited to avoid impacts on mature trees  Numerous entities listed under the Environment Protection and Biodiversity Conservation Act 1999 are recorded in the study area. Council should consider whether the planning proposal should include a referral under that Act  The AHIMS search is valid for 12 months and it is noted that the search for Area 4 was undertaken in September 2015  An internal search has identified a known culturally modified tree site in the south- eastern corner of Area 3 (AHIMS ID 59-5-0001)  An assessment of potential impacts on Aboriginal cultural heritage should support a planning proposal for the rezoning of Areas 2 and 3 to identify constraints and legislative requirements for future developments. If this does not occur a due diligence assessment should be carried out  The suitability of the study areas for rural residential development is consistent with current understanding of

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flood affectation. A joint flood study is proposed by Murray River and Campaspe Shire Councils which may alter flood mapping. Area 3 is most likely to be affected particularly along the southern extremities. This is unlikely to change the suitability of Area 3 for development. The planning proposal must consider any revised flood planning information that becomes available

Submission 14  The Cobb Highway is a This advice relates to Area 2. Rezoning classified road. Major focus of and subdivision of this area is not NSW Roads & Maritime RMS is the safety and recommended in the strategy and it is Services (Doc ID 192307) efficiency of the network and noted that RMS does not support the level of services. additional access points to the Cobb Classified roads are intended Highway for safety and traffic efficiency for access between urban reasons areas and not access to individual properties  RMS would not support direct access to the Cobb Highway from newly-created lots within Area 2 for road safety and traffic efficiency reasons  RMS encourages a strategic approach to land to consolidate access from classified roads and to remove ad-hoc development. Strategic planning provides for integration of land uses, infrastructure networks and ensures that cumulative traffic generation is considered and does not have a detrimental impact on network efficiency. Clause 101(2) of SEPP (Infrastructure) 2007 supports this Submission 15  Analysis should include the Annual Local Development (draft comments only) number of construction and Performance Monitoring publications by occupation certificates issued the Department of Planning have been NSW Department of to provide an accurate used to analyse urban residential Planning & Environment representation of supply and development approvals. The (Doc. ID. 195495) demand publications do not include construction  Short, medium and long term or occupation certificates. outcomes or timeframes should be identified for land Text has been added to section 5.4.5 release staging. The level of Land release staging to indicate the supply and demand should be timeframe to commence Stage 1 is estimated at each milestone estimated to be 2 to 3 years given that  Background should be the recommendations of this strategy provided to the proposed are to be implemented by way of an range of lot sizes and how amendment to Murray LEP 2011 and

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demand for these was the fact that Murray LEP 2011 is to be determined. Reference reviewed and consolidated with Wakool should be made to the LEP 2013 before any rezoning takes suitability of lot sizes for effect. Therefore, any planning for specific uses. Consultation subdivisions associated with Stage 1 is with DPI and an assessment not likely to commence before mid- against DPI methodology 2020. At the assumed take up rate of 6 should be carried out lots per annum Stage 1 should carry  Land subject to planning forward for approximately a decade and proposals should be included a half, i.e. provide supply up to around in rural residential land supply 2035. Stage 2 could then commence forecasts and provide supply up until 2040.  The planning proposal for Ongoing monitoring of supply and Maiden Smith Drive should be demand by Council will indicate whether referenced as currently adjustments to land areas and available supply of rural subsequent lot yields are necessary residential land  Reference to Area 2 on page Details as to the selection of 2ha and 84 should be Area 3 5ha lot sizes has been added to section 5.3 Forecast land supply. It is recommended that zone RU4 Primary Production Small Lots be applied to the proposed rural residential areas to establish a point of difference to existing large residential lots and to clarify that lots of 2 hectares and 5 hectares in area are lifestyle lots for hobby farming and small scale agricultural activities. R5 Large Lot Residential lots of less than 1 hectare are urban lots that appeal to land owners seeking larger yards and privacy but do not appeal to those seeking a semi-rural lifestyle

Following the independent panel Review of Land Use Planning in the Central West DPI policy is now Maintaining land for agricultural industries (Policy Number 0-104). The objective of the policy is to minimise conflict between commercial agricultural enterprises and residential uses that are not associated with commercial farms. This policy requires that the following factors be considered to determine the minimum lot size for a dwelling entitlement:

 The agricultural productivity and suitability of the land in question,  The nature and requirements of agricultural industries in the area being considered,  The risk of creating land use conflict,  The current distribution of property sizes and the agricultural industry they support,

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 The trends in the size of properties engaged in agriculture, and  Cumulative impacts such as the gradual subdivision of agricultural land for rural residential uses.

These factors have been considered throughout this strategy

Current planning proposals include the rezoning and application of lot sizes to R5 Large Lot Residential zoned land. These planning proposals, including the rezoning of land at Maiden Smith Drive, are acknowledged but are not considered to be relevant to an analysis of rural residential land as R5 lots are essentially large urban lots and do not cater to those seeking a semi-rural lifestyle lot

The typographic error has been corrected

Minor amendment to the advertised Draft Murray River Council Moama & District Rural Residential Strategy 2017 In response to the submissions received and further analysis by staff and Zenith Planning, the draft Strategy was altered marginally from that which was advertised. A copy of the revised final Murray River Council Moama & District Rural Residential Strategy 2017 (hereinafter referred as the revised final Strategy) has been included for your reference as Appendix 17. Typographic errors have been corrected and sections of text have been added or expanded for the sake of clarity, including the following amendments that have occurred:

Amendment of recommendation to rezone part of Area 3 to R5 Upon further analysis and discussion, it was decided that the introduction of further R5 land within this area did not suitably achieve the overarching aim to provide rural –residential land. As such, the revised final Strategy recommends that all land within Area 3 be rezoned to RU4 Primary Production Small Lots. This zoning and the recommended lot sizes cater to persons seeking semi-rural lifestyle lots and differ from R5 zoned lots, which are large urban residential lots.

Requirement for detailed surveys and assessment to be undertaken as part of any Planning Proposal In accordance with the comments provided by NSW Office of Environment & Heritage, detailed surveys of flora and fauna, an assessment under the Biodiversity Assessment Method and an assessment of potential impacts on Aboriginal heritage are be carried out as part of the planning proposal to rezone land for rural residential development. This is now noted as a recommended action in the strategy. It is noted that referral to the Commonwealth Minister for Energy and the Environment may subsequently be required under the EPBC Act.

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Amendment of Action Plan for implementation of Strategy After discussion between staff and Zenith Town Planning, it was decided that it would be strategically beneficial to first create and endorse a concept Master Plan before rezoning of land or amendment to minimum lot size was undertaken. This is proposed to minimise unplanned development which may occur prior to the completion of the Master Plan. This amendment effectively reorders Action 1 and Action 2 of the advertised draft Strategy, and includes the creation of the development servicing plan as part of Action 1 (previously Action 5). The requirement for detailed surveys and assessment has also been included in Action 2. The following Action Plan forms part of the revised final Strategy:

Action 1 Prepare a concept masterplan and development servicing plan for the new rural residential areas to guide the subdivision design and the staged provision of infrastructure.

Action 2 Prepare Planning Proposal for amendments to the Murray LEP 2011 zoning maps and minimum lot sizing maps. Detailed assessments and surveys will be required during this action to address biodiversity, natural hazard, cultural heritage considerations and the EPBC Act.

Action 3 It has been recommended that Council consider including the standard instrument LEP clause for lot averaging into the forthcoming review of Murray LEP 2011 and Wakool LEP 2013. It is considered that the clause should only apply where there is a defined environmental benefit such as the subdivision of the land located west of the golf course and south of Tataila Road (Lot 2 DP 1213446 and Lot 24 DP 668368). This may be achieved by inserting a provision in Schedule 1 Additional permitted Uses of the Murray LEP to apply to these lots only. A minimum lot size may also be prescribed to prevent subdivision to a small lot size that is effectively urban.

Action 4 Amend the Murray DCP 2012, in particular to include buffers to separate residential and agricultural activities from rural residential development to prevent land use conflict.

Action 5 Implement the land release strategy (as per Figure 9). This aspect will be incorporated into the concept masterplan.

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Figure 9 – proposed staging of land release

Action 6 Amend the Murray Development Contributions plans to enable Council to levy contributions for open space, road upgrade, car parking, community facilities, waste management and stormwater. The works schedule should be updated to include any intersection treatments to collector roads that feed local traffic into rural residential areas and the extension of Tataila Road to connect with Thyra Road.

Inclusion of submissions The submissions received and the planning responses to such have now been included in the revised final Strategy.

No further amendments were added to the draft after consultation.

Re-advertising of the draft prior to proposed adoption by Council It was agreed between Council staff and Zenith Town Planning that re-advertising of the amended draft Strategy for comment was not required in this instance as there are no provisions in the Environmental Planning & Assessment Act 1979 which require such (applying only to major amendments of a planning proposal to amend an LEP, only), and further opportunity for comment will be provided upon exhibition of a Planning Proposal seeking to implement the outcomes of the draft Strategy.

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