Agenda of Extraordinary Meeting

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 5.1

Staff Reports - Sustainable Environment and Economy

Report No. 5.1 PLANNING - 26.2015.6.1 Amendment Byron LEP 1988 - West Byron

Directorate: Sustainable Environment and Economy

Report Author: Alex Caras, Senior Planner

File No: I2015/852

Theme: Ecology

Planning Policy and Natural Environment

Summary:

The Department of Planning and Environment on the 14 November 2014 amended Byron LEP 1988 by inserting Clauses 65 – 101 into the LEP for the West Byron Development Site. On review of these provisions it is apparent that the new clauses raise a number of issues in terms of the logical development of this area as was intended and the applicant has submitted a Planning Proposal to correct these matters.

Two residential zones, the R2 Low Density zone and the R3 Medium Density zone apply to approximately 55 hectares of the site. Clauses 82 and 83 of Byron LEP 1988 permit identical residential densities for various types of housing in both zones including dual occupancies, multi dwelling housing and integrated housing. Potentially, as West Byron develops there will be little distinction between these residential zones. This is a concern not only for Council and the community, but also the land owners. The planning proposal recommends that Clauses 82 and 83 be amended to specifically decrease the potential residential yields in the R2 Low Density Residential zone to provide a clear distinction with the R3 Medium Density Residential zone. This will provide greater clarity for residents, Council and the community where medium density housing can occur in the R2 Zone.

A second issue is the ability for the developer to install necessary infrastructure throughout the estate which will necessitate some works in the E2 and E3 Zones. This includes stormwater management, earthworks, water reticulation and sewer reticulation works. The planning proposal recommends that a new clause be inserted into the Byron LEP 1988 to facilitate the installation of necessary urban infrastructure at West Byron.

Finally, the provisions for subdivisions on land with split environmental and urban zones requires any residual E2 and E3 Zoned land to be 40 hectares or more. The variation provisions (Clause 85) under Byron LEP 1988 do permit one lot to be less than the minimum area, but with West Byron comprising multiple lots with split zones and multiple land owners, it is considered the variation clause does not contain sufficient flexibility to enable the development of West Byron to occur in a logical manner. In this regard all existing parcels at West Byron that contain land zoned E2 or E3 are substantially less than 40 hectares in area, and any subdivision along zone lines may be construed as prohibited despite the residual environmental area not being fragmented by subdivision. The planning proposal recommends that Clause 85 be amended to address this issue.

This report recommends that the LEP amendments in the attached Planning Proposal be supported and sent to the Department of Planning and Environment for a Gateway Determination.

NOTE TO COUNCILLORS:

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

RECOMMENDATION:

1. That Council proceed with the planning proposal in Attachment 1 and send it to the Department of Planning and Environment for a Gateway determination.

2. That Council request the Department of Planning and Environment to delegate to Council the preparation and making of the LEP Amendment.

Attachments:

1 Draft Planning Proposal - Amendment to Byron LEP 1988 - West Byron Bay, E2015/58967 , page 18

2 Email from Department of Planning & Environment, E2015/55003 , page 57

3 Letter from Landowners in support , E2015/47362 , page 59

Report

With the amendments to Byron LEP 1988 for the area of land known as West Byron, two residential zones were applied being the R2 Low Density Residential zone and the R3 Medium Density Residential zone. Clause 81 establishes minimum lot sizes for subdivision being 450m² and 200m² for the R2 and R3 Zones respectively. Clause 82 and 83 also establish minimum lot sizes for various medium density forms and in summary will permit:

Development form	Zoning	Lot size
Dual Occupancy (attached)	R2 and R3	300 m²
Dual Occupancy (detached)	R2 and R3	400 m²
Multi Dwelling Housing	R2 and R3	450 m²
Residential Flat Buildings	R3	1000 m²
Integrated Housing - Subdivision of land into 3 or more lots and a dwelling erected on each lot	R2 and R3	150 m² per attached or semi attached dwellings = 450 m² min for 3 dwellings 200m² per detached dwellings = 600m² min for 3 dwellings

The provisions relating to the R3 Medium Density Residential zone are relevant in that one of the objectives of that zone is to “provide a variety of housing within a medium density environment. However the use of the same provisions for the R2 Low Density Residential zone will enable any lot normally created for a single dwelling house of 450m² to be further developed for either dual occupancy, multi dwelling housing or integrated housing. The adopted densities are considered to be at odds with the first objective of the R2 Zone being “to provide for the housing needs of the community within a low density residential environment”. Further as the West Byron Estate is developed it is likely to lead to tension between developers, homeowners, and the community as to the correct scale of development in the R2 Zone.

Mechanisms have been considered as part of the drafting of the West Byron DCP to control these medium density housing forms in the R2 Zone. These include the nomination of lots for these housing types as part of the subdivision and restrictions on title via the Conveyancing Act 1919 preventing other lots not nominated being developed for such housing. Legally though, these controls would be seeking in part to override LEP provisions, which is something a DCP is not permitted to do. Further, the use of the Conveyancing Act is a clumsy mechanism for what is in effect a planning issue and should therefore be resolved through the planning controls.

There is also a concern from the existing landowners as to the final form of the West Byron development after the land has been subdivided and sold. Some in the community have also expressed views that West Byron may harbour upwards of 1500 dwellings or more due to the provisions relating to the R2 Zone. This issue was also raised at the community Workshop on 2 July 2015 with the general density of 1 dwelling/ 150m²being considered as too small.

The planning proposal (Attachment 1) recommends that Clause 82 of Byron LEP 1988 be amended to provide a minimum lot size in the R2 Low Density Residential Zone for dual occupancy (attached) of 600 m², a minimum lot size of Dual Occupancy (detached) of 700 m², a minimum lot size for multi- dwelling housing of 1000 m². As to Clause 83 it is recommended that the density provisions for development in the R2 Low Density Zone be amended to require 1 dwelling house per 300 m² and 1 semi attached or attached dwelling house per 250m².

The amended clauses are shown below with changes notated in red ink.

82 Minimum lot sizes for dual occupancy, multi dwelling housing and residential flat buildings

(1) The objective of this clause is to achieve planned residential density in certain zones.

(2) Despite clause 81, development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 of the Table opposite that zone, only if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the Table.

*Column 1*	*Column 2*	*Column 3*
Dual occupancy (attached)	R2 Low Density Residential R3 Medium Density Residential	~~300~~ 600 square metres 300 square metres
Dual occupancy (detached)	R2 Low Density Residential R3 Medium Density Residential	~~400~~ 700 Square metres 400 square metres
Multi dwelling housing	R2 Low Density Residential R3 Medium Density Residential	~~450~~ 1000 square metres 450 square metres
Residential flat building	R3 Medium Density Residential	1,000 square metres

83 Exceptions to minimum subdivision lot sizes for certain residential development

1. The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.

2. This clause applies to development on land in the following zones:

a) Zone R2 Low Density Residential,

b) Zone R3 Medium Density Residential.

3. Development consent may be granted for a single development application for development to which this clause applies that is both of the following:

a) the subdivision of land into 3 or more lots,

b) the erection of a dwelling house, an attached dwelling or a semi-detached dwelling on each lot resulting from the subdivision, if the size of each lot is equal to or greater than:

i) for the erection of a dwelling house—300 square metres for R2 and 200 square metres for R3;

ii) for the erection of an attached dwelling—250 square metres for R2 and 150 square metres for R3;

iii) for the erection of a semi-detached dwelling—250 square metres for R2 and 150 square metres for R3.

The lot sizes and densities now proposed under these clauses will still provide for a range of housing types and densities across the R2 Low Density Residential Zone whilst providing a clear differentiation with the R3 Zone of which there is 11 hectares to be developed specifically for small lot housing and medium density development.

Further, as residential land is released at West Byron, it will be more apparent for new residents, Council and the broader community, where in the R2 Zone, from the size of the lots, which land can be developed for densities greater than a single dwelling house. The proposed draft provisions for dual occupancy would ensure a suitable sized lot for two dwelling houses to be sited comfortably on the land, and on a 1000m² site for multi dwelling housing, applicants may, depending on the size of the dwellings, erect three or more dwellings in a strata title or community title arrangement. Under the proposed amendment to Clause 83, integrated housing would be permitted on lots of 750m² or more.

The proposed changes to clauses 82 & 83 are supported by the Byron Bay West Landowners Association (see Attachment 3).

This matter was also referred to the Department of Planning and Environment (DPE) who advised that Council could amend the Byron LEP 1988 provisions for West Byron through the planning proposal process. (See Attachment 2) The Department advised that they “would expect such an amendment to be relatively minor and generally consistent with the SEPP (West Byron) 2014” (which amended Byron LEP 1988) so that an appropriate lot/ dwelling yield will still be achieved for West Byron.

Other amendments

Infrastructure Provisions

The Planning Proposal also seeks to address the permissibility of essential infrastructure and works throughout the estate for stormwater, water, sewage and earthworks. The legality of such works throughout West Byron is questionable due to the way in which the zoning tables and ancillary clauses have been drafted. It is possible such works may be considered ancillary to subdivision or other permissible development; however a question will arise in terms of characterisation where such works cross into an E2 Environmental Conservation zone or E3 Environmental Management zone. These zones apply in part to the main drain running through the site which takes stormwater from the existing industrial estate and Ewingsdale Road through to Belongil Creek. It is highly likely the drain will require some embellishment such as widening and deepening to facilitate the drainage of stormwater from the urban areas of West Byron. It is also likely other drainage works will be required in the E2 Zone to enable the development to drain to a legal point of discharge. It is arguable such works are not permitted in the E2 Environmental Conservation and the E3 Environmental Management Zones.

Figure 1 – Extract from Council GIS showing Byron LEP 1988 Zone line and the main drain.

This issue is also problematic in part for the section of R2 land in the south east of the West Byron Estate which is surrounded by E2 zoned land (Figure 1) and the legality of providing necessary infrastructure to service that residential area. The above mapping extract shows the Main Drain and the area of residential land surrounded by E2 Zoned land.

The following table provides a summary of the permissibility of infrastructure at West Byron under Byron LEP 1988 for the respective zones.

ZONE	Permissibility of Works and Infrastructure
ZONE	ROADS	EARTHWORKS (FILLING)	DRAINAGE(1)	WATER SUPPLY SYSTEMS(2)	SEWER RETICULATION SYSTEMS(3)
B1	PWC*	PWC	PWC	Prohibited	PWC
E2	PWC	Prohibited	Prohibited	Prohibited	Prohibited
E3	PWC	Prohibited	Prohibited	Prohibited	Prohibited
IN2	PWC	PWC	PWC	Prohibited	PWC
R2	PWC	PWC	PWC	Prohibited	PWC
R3	PWC	PWC	PWC	Prohibited	PWC
RE1	PWC	Prohibited(4)	Prohibited(4)	Prohibited(4)	Prohibited(4)

*PWC – Permissible With Consent

Notes:

1. State Environmental Planning Policy (Infrastructure) 2007, at Clause 111(1) and 125(1) permits stormwater management systems, and water reticulation systems by a public authority without consent on any land. Clause 106(3)(b) permits a sewage reticulation system by any person on any land with development consent

2. Water Reticulation Systems are a type of Water Supply System

3. Drainage although defined in the Standard Instrument LEP, is not nominated as a type of development to be included in the Land Use Tables for zones as per Planning Note PN11-003 issued by the Dept of Planning dated 10/3/2011. It is therefore characterised as an ancillary type of land use activity and would only be permissible if it’s associated with another land use that’s permissible in the zone.

A review of State Environmental Planning Policy (Infrastructure) 2007, found that despite the zoning, sewer reticulation systems are permissible on any land with development consent. However stormwater systems and water supply systems/ water reticulation systems are only permissible under the SEPP if the works are carried out by a Public Authority. Although the works will be a requirement of Council and in most circumstances will be dedicated to Council as public infrastructure, they will be completed by the developer to facilitate the private subdivision and development of land. In terms of characterisation, if it was deemed that such works are for a development purpose that was prohibited in the zone (e.g. multi dwelling housing in the E3 Zone) then it may be considered that the infrastructure works are also prohibited in that zone.

One option is to amend the zoning tables to include those land uses in the various zones, like roads, as permissible with consent. The planning proposal however has recommended an enabling clause be inserted into the LEP to allow such infrastructure to be installed with development consent and to remove all ambiguity on this issue. The final wording of any enabling clause would be completed by Parliamentary Counsel prior to the amendment of the LEP, but based on a similar stormwater management clause in the Ballina LEP 2013, the draft clause may read as follows:

Development for the purpose of providing infrastructure in West Byron

(1) The objective of this clause is to ensure that any person can carry out development for the purpose of stormwater management system, earthworks, water reticulation system and sewage reticulation system on any land.

(2) Despite any other provisions of this Plan, development consent may be granted to development for the purpose of earthworks, stormwater management system, water reticulation system and sewage reticulation system on any land.

Split Zone Subdivisions

A number of properties in West Byron comprise a mixture of urban and environmental zones. The area of land zoned either E2 Environmental Conservation or E3 Environmental Management in these lots range from approximately 0.7ha to 15.4 ha. The minimum lot size provisions specify a minimum area of 40 hectares for these two zones. The variation provisions under Clause 85 of Byron LEP 1988 permit one lot to be less than the minimum area, but with West Byron comprising multiple lots with split zones and multiple land owners, it is considered the variation clause does not contain sufficient flexibility to enable the development of West Byron to occur in a logical manner.

Although the final wording of the amended clause would be up to Parliamentary Counsel, the planning proposal recommends that Clause 85 be amended as follows:

Clause 85(6A)

(6A) Notwithstanding Clause 81 and Clause 85(6), development consent may be granted for a subdivision of land within zones B1, IN2, R2, R3, RE1, E2 and E3 if the area of E2 and E3 zoned land is not fragmented and is contained in one residue lot.

This proposed amendment to the variation clause 85(6A) is appropriate as it will facilitate the subdivision of the urban zoned land provided the areas identified as E2 or E3 are not fragmented and remain in one residue lot.

Conclusion

It is considered the amendments proposed within Planning Proposal (Attachment 1) are relatively minor and are consistent with the planning controls for West Byron under the Byron LEP 1988. It is recommended that Council submit the Planning Proposal to the NSW Department of Planning and Environment for a Gateway Determination.

Financial Implications

The costs for proceeding with the planning proposal will be borne by the Landowners, as provided for in a ‘Cost and Expenses Agreement’ under Council’s 2015/16 Fees & Charges.

Statutory and Policy Compliance Implications

The relevant policy considerations specific to the three issues are addressed above and in the attached planning proposal, which has been prepared in accordance with the DPE Guide to Preparing Local Environmental Plans dated April 2013.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 5.2

Report No. 5.2 PLANNING - 10.2015.330.1 Temporary use of a meeting room within approved group home for workshops at 60B Kingsvale Road Myocum

Directorate: Sustainable Environment and Economy

Report Author: Ian McIntosh, Assessment Officer

File No: I2015/1085

Theme: Ecology

Development and Approvals

DA No:	10.2015.330.1
Proposal:	Temporary use of meeting room within group home for workshops
Property description:	LOT: 3 DP: 1094599 60B Kingsvale Road MYOCUM
Parcel No/s:	239840
Applicant:	Chris Lonergan - Town Planner
Owner:	Mr D W & Mrs K G Beattie
Zoning:	Zone No. R5 Large Lot Residential
Date received:	12 June 2015
Integrated Development:	No
Public notification or exhibition:	- Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications - Exhibition period: 25/6/15 to 8/7/15 - Submissions: For = 0 Against = 2
Other approvals (S68/138):	Not applicable
Planning Review Committee:	N/A
Delegation to determination:	Council
Issues:	Two submissions against the development.

Summary:

The application proposes the use of the existing meeting room in a transitional group known as Nungkari, a therapeutic community treatment facility, located at 60B Kingsvale Road, Myocum.

The application proposes the use for ‘Family Therapy Workshops’ to assist existing on site clients and their family members to integrate behaviour modification outcomes, to help enable achieving effective therapy.

The application proposes three day workshops four times per year and one two day workshop to accord with the allowance for temporary use of land, under Clause 2.8 of BLEP2014, for 14 days per calendar year. The Statement of Environmental Effects accompanying the application states that the workshops will be made up 50/50 residents and family members of the residents.

The application proposes that family members attending will be brought to the centre by mini van to alleviate potential adverse traffic generation. No new construction works are proposed with this development application.

The application is supported subject to consent conditions.

NOTE TO COUNCILLORS:

RECOMMENDATION:

That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2015.330.1 for temporary use of meeting room within group home for workshops, be granted consent subject to the conditions listed in Attachment 2 E2015/60154.

Attachments:

1 Proposed Plan 10.2015.330.1 - 60B Kingsvale Road, Myocum, E2015/60150 , page 73

2 Draft Conditions 10.2015.330.1 - 60B Kingsvale Road, Myocum, E2015/60154 , page 74

3 Confidential - submissions 10.2015.330.1 60B Kingsvale Road Myocum, E2015/61191

Report

1. INTRODUCTION

1.1 History/Background

The subject allotment was created in 2004 as part of a Council approved subdivision (10.2004.61.1). After the creation of the allotment the following development applications have been applied for:

DA 10.2006.673.1	Single storey dwelling house, studio and shed	Approved 19/01/2007
DA 10.2014.28.1	Tree Removal -7 trees	Approved 04/02/2014
DA 10.2013.584.1	Conversion and expansion of existing dwelling to create a transitional group home, under the Affordable Rental Housing SEPP, including new carpark and disabled access provisions	Approved 01/05/2014
DA 10.2015.208.1	Alts/adds to transitional group home (TGH) to remove 1 tree and increase resident numbers.	Pending

1.2 Description of the site

The subject site is described as Lot 3 DP1094599 and is located at 60B Kingsvale Road, Myocum. The site has an area of 1.405ha and is within Zone No. R5 Large Lot Residential under BLEP2014.

The site is an irregular shaped allotment and has extensive frontage to Kingsvale Road. The site is located on the south eastern side of Kingsvale Road near its terminating point.

The site slopes gently from Kingsvale Road down to the rear boundary (between 5 – 10^o). The site comprises managed grassland, isolated trees and landscaped gardens. Camphor Laurels dominate the southern boundary of the site.

Existing development comprises, a five bedroom single storey ’transitional group home’ (TGH) under State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP), consisting of media room, kitchen living areas, bathroom, ensuite, laundry, verandahs, a double carport, shed and studio.

1.3 Description of the proposed development

The application proposes the use of the existing meeting room in a transitional group home, known as Nungkari, which is located at 60B Kingsvale Road, Myocum as a therapeutic community treatment facility. The application proposes the use for ‘Family Therapy Workshops’ to assist existing on site clients and their family members to integrate behaviour modification outcomes, to help enable achieving effective therapy.

The application proposes 3 day workshops four times per year and one two day workshop to accord with the allowance for temporary use of land, under Clause 2.8 of BLEP2014, for 14 days per calendar year. The Statement of Environment Effects accompanying the application states that the workshops will be made up 50/50 residents and family members of the residents.

The application is supported subject to consent conditions.

2. SUMMARY OF GOVERNMENT/EXTERNAL REFERRALS

	Summary of Issues
Development Engineer	Supported conditionally
Environmental Health Officer	Supported conditionally
Water & Waste Services	Not required
Building Surveyor
Fire Control Officer
S94 officer
Government Authorities	No contributions applicable- non residential ancillary use
	Not required

2.1 SECTION 79BA – BUSHFIRE MATTERS

The transitional group home has been granted a s100B Bushfire Safety Authority. The workshops do not alter any of the conditions of the Bushfire Safety Authority.

3. SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

Having regard for the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.

State/Regional Planning Policies and instruments - Issues

3.1. STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS

Requirement	Requirement	Proposed	Complies
Requirement	Requirement	Proposed	Complies
State Environmental Planning Policy No 44 - Koala Habitat Protection	If an allotment is greater than 1 hectare, Council must determine if the land is a potential koala habitat (feed tree species constitute at least 15% of the trees in the upper or lower strata of the tree component)	Koala feed tree species do not constitute at least 15% of the trees in the upper or lower strata of the tree component.	Yes
State Environmental Planning Policy No 55 - Remediation of Land	The Council must: (a) consider whether the land is contaminated; and (b) if the land is contaminated, if the land is suitable in its contaminated state or after remediation; and (c) be satisfied before the land is used. Where a change of use is proposed the Council must consider a report provided by the applicant specifying the findings of a preliminary investigation (and detailed investigation if necessary) of the land in accordance with the contaminated land planning guidelines	Council’s Environmental Officer assessed the original proposal (10.2013.584.1), as satisfactory in terms of SEPP No. 55. No land use has occurred in the interim that would change That conclusion.	Yes
State Environmental Planning Policy (Affordable Rental Housing) 2008	Division 7 Group Homes *transitional group home* means a dwelling: (a) that is occupied by persons as single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and (b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons Under the ARHSEPP 46 Determination of development applications (1 ) A consent authority must not: ( a) refuse consent to development for the purpose of a group home unless the consent authority has made an assessment of the community need for the group home, or ( b) impose a condition on any consent granted for a group home only for the reason that the development is for the purpose of a group home. (2 ) This clause applies to development for the purpose of a group home that is permissible with consent under this or any other environmental planning instrument.	The proposed temporary use of an approved Transitional Group Home meeting room is considered to be an ancillary use and is in accordance with the ARHSEPP	Yes Yes
State Environmental Planning Policy (Building Sustainability Index – BASIX) 2004	A single dwelling must achieve sustainability targets in order to gain development consent	BASIX certificate No. A215242 submitted with the application confirms the proposal meets targets.	Yes
Building Code of Australia	The proposal must be capable of compliance with the structural and safety requirements of the Building Code of Australia.	The proposed development has been designed so that it is capable of compliance with the structural and safety requirements of the BCA. A condition has been recommended for inclusion in the consent to ensure the BCA requirements are met.	Yes
Demolition	N/A	N/A	N/A

* Non-complying issues discussed below

3.2. BYRON LOCAL ENVIRONMENTAL PLAN 1988

Zone: Zone No. R5 Large Lot Residential

Definition: Transitional Group Home (Group Home)

LEP Requirement	Summary of Requirement	Proposed	Complies
Meets zone objectives	•To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality. •To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future. •To ensure that development in the area does not unreasonably increase the demand for public services or public facilities. •To minimise conflict between land uses within this zone and land uses within adjoining zones.	Existing approved Transitional Group Home	Yes
Permissible use	Transitional Group Home is a form of Group Home. Group Homes are permissible with consent also permissible under the AHSEPP within the R5 zone.	Existing Transitional Group Home approved under BLEP1988 & ARHSEPP.	Yes

LEP Requirement

Summary of Requirement

Proposed

Complies

Meets zone objectives

•To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

•To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

•To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

•To minimise conflict between land uses within this zone and land uses within adjoining zones.

Existing approved Transitional Group Home

Yes

Permissible use

Transitional Group Home is a form of Group Home. Group Homes are permissible with consent also permissible under the AHSEPP within the R5 zone.

Existing Transitional Group Home approved under BLEP1988 & ARHSEPP.

Yes

LEP Requirement	Summary of Requirement	Applicable/ Complies
2.8: Temporary use of land	· The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.	Yes- see below
4.3: Height of buildings	· Height of buildings map - (9m) · N/A - Use only no physical work proposed	Yes
4.4: Floor space ratio	· FSR map R5 – 0.5:1 · N/A - Use only no physical work proposed	Yes
5.6: Architectural roof features	· Does the roof comply with the height limit set by Clause 4.3? · N/A - Use only no physical work proposed	Yes
5.9: Preservation of trees or vegetation	· Trees to be removed: The application does not propose any tree removal	Yes
5.10: Heritage conservation	Is it a: · Heritage item - No · Aboriginal object - No · Building etc in a heritage conservation area - No	Yes
6.6: Essential Services	See B3 & B4 DCP · water, · sewer, · electricity · stormwater · vehicle access	Yes Yes Yes Yes Yes

2.8: Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

Complies

(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 14 days (whether or not consecutive days) in any period of 12 months.

The application proposes 3 day workshops four times per year and one two day workshop to accord with the allowance for temporary use of land, under Clause 2.8 of BLEP2014, for 14 days per calendar year. The Statement of Environmental Effects accompanying the application states that the workshops will be made up 50/50 residents and family members of the residents. The application proposes that family members attending will be brought to the centre by mini van to alleviate potential adverse traffic generation.

(3) Development consent must not be granted unless the consent authority is satisfied that:

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

The proposed use is consistent with the existing use.

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

The room proposed for the temporary use is located 45 metres from the closest structure on any adjoining property. It is considered that the proposed 3 day workshops, four times per year and one two day workshop per year, equating to 14 days per calendar year with 12 attendees made up of six resident and six family members can be conducted without adversely impacting on the amenity of neighbours , subject to consent conditions,

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

The structure proposed for use already exists on the property.

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

Not applicable as an existing building is proposed for the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

N/A

(5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

N/A

Draft EPI that is or has been placed on public exhibition and details of which have been notified to the consent authority - Issues

Nil

3.3 DEVELOPMENT CONTROL PLANS

Development Control Plan 2014

DCP Clause		Requirement	Complies?
Part B: Controls Applying Generally to Development Applications
B2.1: Preservation of trees & other vegetation		Table B2.1 & AppendixB2.1, B2.2	N/A
B3: Services		Provision of services OSMS Stormwater management Erosion & sedimentation control measures	· Yes · Yes · Yes · Yes
B4: Vehicle parking, circulation & access		Car parking Per existing consent. The family members of the patients staying on the site, are intended to be picked up and taken to/from the site by a minibus. For these few occasions, the existing parking and bus service appears to be satisfactory for the proposal.	Yes
B13: Access & Mobility		B13.2.1 The Group home provides disability access.	Yes
B14: Excavation & Fill		N/A	Yes Yes
Part C: Further Controls, Specific Constraints & Environmental Characteristics
C1: Non-Indigenous Heritage		Q: Is the development a heritage item or within a Heritage Conservation area, or in the vicinity of heritage items or conservation areas?	N/A
C2: Areas Affected by Flood		Is the site flood prone land?: Flood Planning Level	N/A
C3: Visually Prominent Sites and View Sharing		Is the site a visually prominent site? C3.2.1 Are there any objections? C3.2.2	N/A N/A
C4: Drinking Water Catchment		Is the development in a drinking water catchment? Drinking Water Catchment map	N/A
Chapter D1: Residential Accommodation in Urban, Village & Special Purpose Zones
D1.2.1: Building Height Plane	Does it comply?		Yes
D1.2.2: Setbacks from Boundaries	· Local roads frontage: 4.5m · Classified roads: 9m. Check variation to 6.5m? · Garages/carports: 5.5m (local or secondary only) · Corner lot: 3m (local or secondary only) · Rear lane: 3m · Rear lane-primary frontage: 4.5m (includes garages) · Side/rear: 0.9m & BHP · Pools: 1m from side/rear boundaries Water line: 1.5m from side/rear boundaries See reference to BHP above Note: 1 uncovered car space may be provided within setback to garage		· Yes · N/A · Yes · N/A · N/A · N/A · Yes · Yes · Yes
D1.2.4: Character & Visual Impact	There are no Prescriptive Measures N/A		Yes

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

The proposal is for use of an existing building and does not require new works and is therefore unlikely to significantly impact on the environment.

Conditions of development consent are proposed to protect the amenity of the neighbourhood.

The workshops will aid in health & wellbeing of certain members of the public and therefore will likely result in positive social impacts.

3.5 The suitability of the site for the development

Development Engineer’s comments:

Car parking

Per existing consent.

The family members of the patients staying on the site are intended to be picked up and taken to/from the site by a minibus. For these few occasions, the existing parking and bus service appears to be satisfactory for the proposal.

The site is an approved transitional group known as Nungkari, a therapeutic community treatment facility, proposed use is ancillary to the centre.

3.6 Submissions made in accordance with this Act or the regulations

There were 2 submissions made against the development application.

Issue	Comment
The traffic increase since the commercial business next door opened has been dramatic.	The original assessment acknowledged that there would be an increase in traffic that was assessed as acceptable. Non residents attending workshops are required to be dropped off by minivan or similar which should minimise any further increase.
Noise from drums, yelling and people going outside to make private phone calls is constant & annoying and we hear it over the TV.	Noise is controlled by the POEO Act and fines apply for breaching the regulations.
We didn’t want the TGH in the first place with the criminal element it attracts and we don’t want more problems.	There have been no reports of criminal behaviour resulting from the establishment of the transitional group home therapeutic treatment centre.
On their website they are inviting hundreds of people to their workshops.	The workshops are to be limited to twelve people (including six residents), to be held no more than 14 days (whether or not consecutive days), per calendar year.
The concept of Neighbourhood Watch was built around getting to know your neighbours. That’s not possible with Nungkari, we used to know everyone that walked or drove by.	Noted. It is understood that the residents undergoing therapy are not permanent residents.
Was it Council staff who suggested they put in a DA for the workshops? Maybe the same Helpful Council staff who suggested their original DA go under the guise of ‘affordable housing’	There is no suggestion by Council staff that DA for workshops be applied for. Council’s compliance area was informed of a workshop and asked the property owner for evidence of approval. As there was no approval the DA was subsequently lodged. The application for the transitional group home was not for ‘affordable housing’ but for a group home (transitional group home), which although such a permissible use is created under the State Environmental Planning Policy (Affordable Rental Housing) 2008, the SEPP does not have any requirements regarding affordability for group homes.
What additional security is in place to protect us from the ice addicts. What staff member will be responsible.	Any drug dealing and/or violence are a matter for the NSW Police.

3.7 Public interest

The workshops will aid in health & wellbeing of certain members of the public and therefore, subject to adherence to consent conditions, it is considered to be in the public interest.

4. DEVELOPER CONTRIBUTIONS

4.1 Water & Sewer Levies

On-site Sewage management and rainwater, no Council service, therefore no water & sewer charges.

4.2 Section 94 Contributions

Previous consent 10.2013.584.1 did not require the payment of S94 contributions because the transitional group home was restricted to 1 person per bedroom, the report to Council A2013/30296 states that should the Council approve the residency at two per bedroom then S94 contributions would apply.

DA 10.2014.208.1 to increase the residency to two persons per bedroom and construct one additional bedroom is currently pending. Should that DA be granted consent the S94 conditions will apply. As the use for day time workshops is not residential and is ancillary to the transitional group home S94 contributions do not apply.

5. CONCLUSION

That the application proposing three day workshops four times per year and one two day workshop, to accord with the allowance for temporary use of land under Clause 2.8 of BLEP2014, for 14 days per calendar year be granted consent.

6. RECOMMENDATION

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2015.330.1 for Temporary use of meeting room within group home for workshops, be granted consent subject to the conditions listed in Attachment 2 E2015/60154.

7. DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

Has a Disclosure Statement been received in relation to this application	No
Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.	No

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 5.3

Report No. 5.3 PLANNING - 10.2015.208.1 Alterations and additions to the approved transitional group home and removal of one tree at 60B Kingsvale Road Myocum

Directorate: Sustainable Environment and Economy

Report Author: Ian McIntosh, Assessment Officer

File No: I2015/1086

Theme: Ecology

Development and Approvals

DA No:	10.2015.208.1
Proposal:	Alterations and additions to an existing transitional group home and remove one (1 ) tree
Property description:	LOT: 3 DP: 1094599 60B Kingsvale Road MYOCUM
Parcel No/s:	239840
Applicant:	Chris Lonergan - Town Planner
Owner:	Mr D W & Mrs K G Beattie
Zoning:	Zone No. R5 Large Lot Residential
Date received:	14 April 2015
Integrated Development:	Yes
Public notification or exhibition:	- Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications - Exhibition period: 29/4/15 to 12/5/15 - Submissions: For = 0 Against = 3
Other approvals (S68/138):	On-site Sewage Management System (70)
Planning Review Committee:	N/A
Delegation to determination:	Council
Issues:	Bushfire prone land; OSSM; Submissions

Summary:

The application seeks consent to undertake the following alterations and additions to the existing transitional group home:

· Convert ‘Media Room’ to bedroom to replace ‘Bedroom 5’ located in a detached building north of the main dwelling

· Convert ‘Bedroom 5’ to a detached office, construct 1.8m x 3.9m extension and enclose verandah to office.

· Construct an extension to the north-eastern wing of the dwelling to comprise a ‘Group room’, two ‘one on one rooms’ and sixth bedroom,

· Remove one ‘Tallowwood Tree’ and construct three additional car parking spaces.

· Allow 2 people per bedroom in accordance with State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP).

In regard to the last bullet point, the previous development consent was for 5 bedrooms and was limited via a consent condition to one resident per bedroom. The reason being that Council was in agreement with submitters that it was not compatible to have patients sharing the same room.

The applicant has provided references to twelve existing treatment centres that have two or more residents per bedroom. Additionally under Clause 46(1)(b) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP) it appears that the restriction is not lawful. Therefore it is recommended that this application be approved for two people per bedroom.

The application is consistent with all relevant state planning instruments and with Bryon Local Environment Plan 2014 (BLEP2014) & Byron Development Control Plan 2014. (BDCP 2014)

NOTE TO COUNCILLORS:

RECOMMENDATION:

That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2015.208.1 for Alterations and additions to transitional group home and remove one (1) tree, be granted consent subject to the conditions listed in Attachment 2 #E2015/60135.

Attachments:

1 Proposed Plans 10.2015.208.1 - 60B Kingsvale Road Myocum, E2015/60151 , page 91

2 Draft Conditions 10.2015.208.1 - 60B Kingsvale Road Myocum, E2015/60135 , page 97

3 Confidential - Submissions 10.2015.208.1 60B Kingsvale Road Myocum, E2015/61169

Report

1. INTRODUCTION

1.1 History/Background

The subject allotment was created in 2004 as part of a Council approved subdivision (10.2004.61.1). After the creation of the allotment the following development applications have been applied for:

DA 10.2006.673.1	Single storey dwelling house, studio and shed	Approved 19/01/2007
DA 10.2014.28.1	Tree Removal -7 trees	Approved 04/02/2014
DA 10.2013.584.1	Conversion and expansion of existing dwelling to create a transitional group home, under the Affordable Rental Housing SEPP, including new carpark and disabled access provisions	Approved 01/05/2014
DA 10.2015.330.1	Temporary use of meeting within group home for workshops	Pending

1.2 Description of the site

The subject site is described as Lot 3 DP1094599 and is located at 60B Kingsvale Road, Myocum. The site has an area of 1.405ha and is within Zone No. R5 Large Lot Residential under BLEP2014.

The site is an irregular shaped allotment and has extensive frontage to Kingsvale Road. The site is located on the south eastern side of Kingsvale Road near its terminating point.

Existing development comprises, a five bedroom single storey’ transitional group home’ under State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP), consisting of media room, kitchen living areas, bathroom, ensuite, laundry, verandahs, a double carport, shed and studio.

1.3 Description of the proposed development

The application seeks consent to undertake the following alterations and additions to the existing transitional group home:

· Convert ‘Media Room’ to bedroom to replace ‘Bedroom 5’ located in a detached building north of the main dwelling

· Convert ‘Bedroom 5’ to a detached office, construct 1.8m x 3.9m extension and enclose verandah to office.

· Construct an extension to the north-eastern wing of the dwelling to comprise a ‘Group room’, two ‘one on one rooms’ and sixth bedroom,

· Remove one ‘Tallowwood Tree’ and construct three additional car parking spaces.

· Allow 2 people per bedroom in accordance with ARHSEPP.

In regard to the last bullet point, the previous development consent was for 5 bedrooms and was limited via a consent condition to one resident per bedroom. The reason being that when determining DA 10.2013.584.1, Council was in agreement with submitters that it was not preferable to have possible patients sharing the same room.

The applicant has provided references to 12 existing treatment centres (therapeutic communities*) that have 2 or more residents per bedroom. Additionally under Clause 46(1)(b) of the ARHSEPP it appears that the previous restriction imposed by Council may not be lawful.

46 Determination of development applications (ARHSEPP)

(1) A consent authority must not:

(a) refuse consent to development for the purpose of a group home unless the consent authority has made an assessment of the community need for the group home, or

(b) impose a condition on any consent granted for a group home only for the reason that the development is for the purpose of a group home.

(2) This clause applies to development for the purpose of a group home that is permissible with consent under this or any other environmental planning instrument.

Prior to consent for the transitional group home to be operated as Nungkari Treatment Centre, residents in the immediate locality voiced concern over a number of issues with security being the main concern. However the existing centre has been operating for 9 months with no security issues having been reported.

Nungkari has recently been accepted as a member of the Australian Therapeutic Communities Association, and are currently undergoing ATCA accreditation.

* A therapeutic community is a treatment facility in which the community itself, through self-help and mutual support, is the principal means for promoting personal change.

In a therapeutic community residents and staff participate in the management and operation of the community, contributing to a psychologically and physically safe learning environment where change can occur. In a therapeutic community there is a focus on social, psychological and behavioural dimensions of substance use, with the use of the community to heal individuals emotionally and support the development of behaviours, attitudes and values of healthy living.

(Definition taken from Australasian Therapeutic Communities Association website)

2. SUMMARY OF GOVERNMENT/EXTERNAL REFERRALS

	Summary of Issues
Development Engineer	Supported conditionally
Environmental Health Officer
Water & Waste Services	Not Required
Building Surveyor	Supported Class 1(b) building – standard BCA condition
Systems Engineer	Not required
Ecologist	Not required
S94 officer
Government Authorities	NSWRFS – Supported S100B Bushfire Safety Authority

2.1 SECTION 79BA – BUSHFIRE MATTERS

Integrated Development for 3/1094599 - 60b Kingsvale Road Myocum 2481

I refer to your letter dated 20 April 2015 seeking general terms of approval for the above Integrated Development in accordance with Section 91 of the 'Environmental Planning and Assessment Act 1979'. This response is to be deemed a bush fire safety authority as required under section 100B of the 'Rural Fires Act 1997' and is issued subject to the following numbered conditions:

1. The proposed development is to comply with the Site Plan, prepared by Chris Lonergan, reference P 1 and dated 12 March 2015, except where modified by conditions of this Bush Fire Safety Authority.

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

2. At the commencement of building works and in perpetuity, the property around the building for the following distances shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones':

• northeast, northwest and southwest to the property boundary; and

• southeast for 85 metres.

Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

3. Arrangements for emergency and evacuation are to comply with section 4.2.7 of 'Planning for Bush Fire Protection 2006'.

Design and Construction

The intent of these measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

4. New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

Landscaping

5. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

3. SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

Having regard for the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.

State/Regional Planning Policies and instruments - Issues

3.1. STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS

Requirement	Requirement	Proposed	Complies
State Environmental Planning Policy No 44 - Koala Habitat Protection	If an allotment is greater than 1 hectare, Council must determine if the land is a potential koala habitat (feed tree species constitute at least 15% of the trees in the upper or lower strata of the tree component)	Koala feed tree species do not constitute at least 15% of the trees in the upper or lower strata of the tree component.	Yes
State Environmental Planning Policy No 55 - Remediation of Land	The Council must: (a) consider whether the land is contaminated; and (b) if the land is contaminated, if the land is suitable in its contaminated state or after remediation; and (c) be satisfied before the land is used. Where a change of use is proposed the Council must consider a report provided by the applicant specifying the findings of a preliminary investigation (and detailed investigation if necessary) of the land in accordance with the contaminated land planning guidelines	Council’s Environmental Officer assessed the original proposal (10.2013.584.1), as satisfactory in terms of SEPP No. 55. No land use has occurred in the interim that would change. That conclusion.	Yes
State Environmental Planning Policy (Affordable Rental Housing) 2008	Division 7 Group Homes *transitional group home* means a dwelling: (a) that is occupied by persons as single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and (b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons Under the ARHSEPP 46 Determination of development applications (1) A consent authority must not: (a) refuse consent to development for the purpose of a group home unless the consent authority has made an assessment of the community need for the group home, or (b) impose a condition on any consent granted for a group home only for the reason that the development is for the purpose of a group home. (2) This clause applies to development for the purpose of a group home that is permissible with consent under this or any other environmental planning instrument.	The proposed alterations to approved Transitional Group Home remain in accordance with the ARHSEPP The application seeks consent for 2 persons per room as is common practice in other similar service providers. Additionally the previous consent limited the occupancy to one person per room because of it being a transitional group home. May not be lawful under the provisions of clause 46(1)(b).	Yes Yes
State Environmental Planning Policy (Building Sustainability Index – BASIX) 2004	A single dwelling must achieve sustainability targets in order to gain development consent	BASIX certificate No. A215242 submitted with the application confirms the proposal meets targets.	Yes
Building Code of Australia	The proposal must be capable of compliance with the structural and safety requirements of the Building Code of Australia.	The proposed development has been designed so that it is capable of compliance with the structural and safety requirements of the BCA. A condition has been recommended for inclusion in the consent to ensure the BCA requirements are met.	Yes
Demolition	N/A	N/A	N/A
Disability Access (DDA)	Access for persons with disabilities and integration into surrounding streetscapes without creating barriers. (Council Res.10-1118)	No barriers to disability access will be created.

* Non-complying issues discussed below

3.2. BYRON LOCAL ENVIRONMENTAL PLAN 2014

Zone: Zone No. R5 Large Lot Residential

Definition: Transitional Group Home (Group Home)

LEP Requirement	Summary of Requirement	Proposed	Complies
Meets zone objectives	•To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality. •To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future. •To ensure that development in the area does not unreasonably increase the demand for public services or public facilities. •To minimise conflict between land uses within this zone and land uses within adjoining zones.	Existing approved Transitional Group Home	Yes
Permissible use	Transitional Group Home is a form of Group Home. Group Homes are permissible with consent also permissible under the ARHSEPP within the R5 zone.	Existing Transitional Group Home approved under BLEP1988 & ARHSEPP.	Yes

LEP Requirement

Summary of Requirement

Proposed

Complies

Meets zone objectives

•To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

•To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

•To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

•To minimise conflict between land uses within this zone and land uses within adjoining zones.

Existing approved Transitional Group Home

Yes

Permissible use

Transitional Group Home is a form of Group Home. Group Homes are permissible with consent also permissible under the ARHSEPP within the R5 zone.

Existing Transitional Group Home approved under BLEP1988 & ARHSEPP.

Yes

* Non-complying issues discussed below

LEP Requirement	Summary of Requirement	Applicable/ Complies
1.9A: Suspension of Covenants, Agreements & Instruments	For the purposes of development, any agreement or covenants may not apply	N/A
4.3: Height of buildings	· Height of buildings map - (9m) · No change to existing height	Yes
4.4: Floor space ratio	· FSR map R5 – 0.5:1 · Proposed remains well under 0.5:1	Yes
5.6: Architectural roof features	· Does the roof comply with the height limit set by Clause 4.3?	Yes
5.9: Preservation of trees or vegetation	· Trees to be removed: The application proposes the removal of one Tallowwood tree that is overhanging the current Bedroom 5 proposed to be used as an office. From a site inspection the tree was identified as a Blackbutt and is 12 metres from the office. If limbs or the main tree was to fall it is likely to significant damage to persons and / or property. A compensatory planting of five (5) Lilli Pilli trees is proposed.	Yes
5.10: Heritage conservation	Is it a: · Heritage item - No · Aboriginal object - No · Building etc in a heritage conservation area - No	Yes
6.2: Earthworks	· See DCP B14.2 · Excavation & fill: 1m · Car parking and swimming pools: 2m	Yes Yes
6.6: Essential Services	See B3 & B4 DCP · water, · sewer, · electricity · stormwater · vehicle access	Yes Yes Yes Yes Yes

Byron Local Environmental Plan 2014 - Issues

Nil

Draft EPI that is or has been placed on public exhibition and details of which have been notified to the consent authority - Issues

Nil

3.3 DEVELOPMENT CONTROL PLANS

Development Control Plan 2014

DCP Clause		Requirement	Complies?
Part B: Controls Applying Generally to Development Applications
B2.1: Preservation of trees & other vegetation		The application proposes the removal of one Tallowwood tree that is overhanging the current Bedroom 5 proposed to be used as an office. From a site inspection the tree was identified as a Blackbutt and is 12 metres from the office. If limbs or the main tree was to fall it is likely to significant damage to persons and / or property. A compensatory planting of five (5) Lilli Pilli trees is proposed. Table B2.1 & AppendixB2.1, B2.2	Yes
B3: Services		Provision of services OSMS Stormwater management Erosion & sedimentation control measures	· Yes · Yes · Yes · Yes
B4: Vehicle parking, circulation & access		A dwelling requires 2 spaces however 5 car spaces however already been provided. This development application proposes an additional 3 car spaces are being proposed on the site. This would make a total of 8 car spaces plus a drop off zone.	Yes
B13: Access & Mobility		B13.2.1 The Group home provides disability access.	Yes
B14: Excavation & Fill		Excavation & fill: 1m Car parking and swimming pools: 2m	Yes Yes
Part C: Further Controls, Specific Constraints & Environmental Characteristics
C1: Non-Indigenous Heritage		Q: Is the development a heritage item or within a Heritage Conservation area, or in the vicinity of heritage items or conservation areas?	N/A
C2: Areas Affected by Flood		Is the site flood prone land? Flood Planning Level	N/A
C3: Visually Prominent Sites and View Sharing		Is the site a visually prominent site? C3.2.1 Are there any objections? C3.2.2	N/A N/A
C4: Drinking Water Catchment		Is the development in a drinking water catchment? Drinking Water Catchment map	N/A
Chapter D1: Residential Accommodation in Urban, Village & Special Purpose Zones
D1.2.1: Building Height Plane	Does it comply? 1.2.1 Exemptions		Yes
D1.2.2: Setbacks from Boundaries	· Local roads frontage: 4.5m · Classified roads: 9m. Check variation to 6.5m? · Garages/carports: 5.5m (local or secondary only) · Corner lot: 3m (local or secondary only) · Rear lane: 3m · Rear lane-primary frontage: 4.5m (includes garages) · Side/rear: 0.9m & BHP · Pools: 1m from side/rear boundaries Water line: 1.5m from side/rear boundaries Note: See reference to BHP above Note: 1 uncovered car space may be provided within setback to garage		· Yes · N/A · Yes · N/A · N/A · N/A · Yes · Yes · Yes
D1.2.4: Character & Visual Impact	There are no Prescriptive Measures Privacy, aesthetics, verandas, materials, etc		Yes
D1.3 Dwelling Houses
D1.3.1: On-Site Car Parking	A dwelling requires 2 spaces however 5 car spaces however already been provided. This development application proposes an additional 3 car spaces are being proposed on the site. This would make a total of 8 car spaces plus a drop off zone.		Yes

Development Control Plan 2014 - Issues

No issues

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

Subject to consent conditions the alterations and additions are unlikely to result in significant negative impacts on the natural, built social and economic environments.

The one additional bedroom is not expected to adversely impact on the traffic movements of the surrounding road network.

3.5 The suitability of the site for the development

The alterations are to an existing ‘transitional group home’ the site is suitable for the additional bedroom (with 2 people per bedroom in accordance with ARHSEPP); ‘one on one rooms’ and office.

3.6 Submissions made in accordance with this Act or the regulations

There were 3 submissions made against the development application.

Issue	Comment
Council should not relax the 100m creek buffer for OSSM systems. The adjoining property owner had to comply with the 100m buffer. All this waste will run down the hill past the bore they get drinking water from.	The buffer between OSSM systems and watercourses is 40m. On-site Wastewater Management Report No. 15212_ww prepared by Greg Alderson & Associates dated 9^th January 2015 demonstrates that wastewater generated by the new alterations and additions can be adequately managed. An application made under Section 68 of the Local Government Act, 1993, being Application No. 70.2015.208.1, has been supported with conditions. The subject site and the adjoining site referred to by the submitter are burdened by a Section 88B Instrument applied at the time the land was subdivided as part of DA 10.2004.61.1. This instrument requires that ‘no wastewater land application areas (LAA) shall be located within 100 meters to a watercourse unless otherwise approved in writing by Byron Shire Council.’ The 100m buffer to the creek, referred to is in regard to a S88E instrument that was placed on title at subdivision the wording was such that the 100m could be varied with Council consent provided it was adequately designed. The applicant has previously demonstrated that the buffer can be reduced without impact, hence the previous s68 approval. Again the applicant has demonstrated that the reduced buffer can be accommodated without impact. Normally the buffer between OSSM systems and watercourses is 40m The proposed and existing OSSM systems are outside the 50 metre buffer area required for a bore. Map with buffer area shown below.
The centre is not generating enough clients to fill the five bedrooms let alone 8.	6 bedrooms are proposed.
By allowing 8 bedrooms Council will change the footprint of this domestic house /property to a commercial one. How many families would buy an 8 bedroom house.	The proposal is for 6 bedrooms. There are a number of 6 bedroom dwellings approved in the shire which could also provide accommodation for large or extended families.
By allowing an expansion to 8 bedrooms Council will be facilitating more overnight accommodation for their very expensive workshops.	6 bedrooms are proposed. The increase of 1 bedroom and change from 1 person per room to 2 people per room will result in more overnight accommodation.
The DA is premature as they cannot demonstrate use of the existing capacity.	The addition of one additional bedroom from five to six is not considered a significant increased to the existing development on the site. The treatment centre has been in operation for 9 months however the economic viability of the development is not an issue for the DA assessment.
If the development is for ‘affordable housing’ why are they advertising & holding workshops.	The approval is not for ‘affordable housing’ but for a transitional group home, which although such a permissible use is created under the State Environmental Planning Policy (Affordable Rental Housing) 2008, the SEPP does not have any requirements regarding affordability of group homes.
We have to build a screen to stop people looking into our place.	The applicant has also suggested that they would also like to build a screen to increase the privacy to the treatment centre. Depending on the location the screening works could occur as exempt development. Landscape plantings have already been provided along the property boundary and over time this will provide a natural screen.
The increase in traffic will be unacceptable. The condition of the road adds to the risk of accidents.	Council’s Development Engineer has assessed the expected increase in traffic on the capacity and condition of the existing public road system as satisfactory.

Map showing OSSM buffers – the subject land is highlighted in yellow.

3.7 Public interest

While objections have been raised on a number of issues by 3 residents in the locality the existing centre has now been operating for more than 9 months with no reports of security issues from recorded by Council or Police.

It is considered that the development as proposed is in the interest of the general public.

4. DEVELOPER CONTRIBUTIONS

4.1 Water & Sewer Levies

On-site Sewage management and rainwater, no Council service, therefore no water & sewer charges.

4.2 Section 94 Contributions

The approval for the TGH (10.2013.584.1) did not include S94 contributions as the residency was restricted to one person per bedroom. The report stated that had the consent approved 2 persons per bedroom then S94 contributions would apply: (A2013/30296).

If approved as recommended i.e. 5 residents one to a room then there is no increase in the load on these services and therefore no contributions will be required.

If Council grants approval at the proposed residency of 10 clients at two per bedroom then the following contributions will apply:

The following contributions apply for this proposal i.e. six bedrooms @ 2 persons per bedroom:

5. CONCLUSION

As the application is consistent with all relevant state planning instruments and with BLEP2014 & BDCP2014, subject to consent conditions it is unlikely the proposed alterations will cause the expansion of the approved transitional group home to be contrary to the public interest.

6. RECOMMENDATION

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2015.208.1 for Alterations and additions to a transitional group home and remove one (1) tree, be granted consent subject to the conditions listed in Attachment 2 #E2015/60135.

7. DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

Has a Disclosure Statement been received in relation to this application	No
Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.	No

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 5.3 - Attachment 2

10.2015.208.1

CONDITIONS OF CONSENT:

Parameters of this Consent

1) Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
P1	Site Plan	C Lonergan	12/03/15
P1A	Inset Site & Landscaping Plan	C Lonergan	12/03/15
P1B	Floor & Elevation Plans	C Lonergan	12/03/15
P2	Floor Plan	C Lonergan	12/03/15
P3	Elevations Plan	C Lonergan	12/03/15

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

2) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a 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.

(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.

(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 for the relevant construction certificate is made.

3) 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

(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.

(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).

4) 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.

5) Concurrent Approvals

The following approvals are provided under Section 78A of Environmental Planning and Assessment Act:

Integrated Approvals under Section 68 of the Local Government Act 1993

C5 Installing, constructing or altering a waste treatment device or a human waste storage facility or a drain connected to any such device or facility.

6) Integrated Approvals from other Authorities.

This response is to be deemed a bush fire safety authority as required under section 100B of the 'Rural Fires Act 1997' and is issued subject to the following numbered conditions:

1. The proposed development is to comply with the Site Plan, prepared by Chris Lonergan, reference P 1 and dated 12 march 2015, except where modified by conditions of this Bush Fire Safety Authority.

Asset Protection Zones

• northeast, northwest and southwest to the property boundary; and

• southeast for 85 metres.

Evacuation and Emergency Management

3. Arrangements for emergency and evacuation are to comply with section 4.2.7 of 'Planning for Bush Fire Protection 2006'.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

Landscaping

5. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

The following conditions are to be complied with prior to issue of a Construction Certificate

7) Terms of approval for on-site sewage management required

Refer to Local Government Act Section 68 Application No. 70.2015.208.1 or Local Government Act Section 68 approvals issued subsequent to this consent.

8) Site Waste Minimisation and Management Plan

Chapter B8 of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation and use of the development. The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.

A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publication/swmmp - pro-forma-.doc

9) Bond required to guarantee against damage to public land

A bond of $1000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

10) Car parking layout, vehicle circulation and access plans required.

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.

The access, parking and manoeuvring for the site is to comply with the requirements of Council’s Development Control Plan 2014, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities.

Plans are to include, but not be limited to, the following items:

a) pavement description;

b) fully dimensioned layout plan to scale;

c) existing and design levels;

d) drainage;

e) turning paths;

f) delineation/signage.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

11) Developer Contributions to be paid

Contributions set out in the schedule at the end of this consent are to be paid to Council prior to the release of a construction certificate. Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended). Contributions previously paid shall be deducted from the total payment to be made for the release of a construction certificate under the terms of this consent.

The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).

The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule.

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

12) Compliance with BASIX Certificate requirements

The development is to comply with BASIX Certificate No. A215242, dated 31 March 2015.

The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

Note that the plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.

Minor changes to the energy efficiency measures may be undertaken without the issue of any amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

Proposed colours must be consistent with the provisions of Section C3.1 of Council’s Development Control Plan 2010. Note that white colours are not permissible.

Such plans and specifications must be approved as part of the Construction Certificate.

13) Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation. This is a State Government Levy and is subject to change.

These payments may be made online at www.longservice.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. Where paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

For further information regarding the Long Service Payment please refer to the website above.

14) Site Waste Minimisation and Management Plan

Chapter 1: Part F of Byron Shire Development Control Plan 2010 (DCP 2010) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation and use of the development. The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.

A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publications/swmmp_-_pro-forma-.doc)

The following conditions are to be complied with prior to commencement of building works

15) Erosion and Sediment measures

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A copy may be downloaded from Council’s web site at http://www.byron.nsw.gov.au/pdfs/stormwater/sediment_erosion.pdf. Particular attention is to be given to the provision of the following sediment and erosion control measures:

a) Temporary driveway from the edge of road to the building site;

b) Temporary downpipes immediately installed after the roof has been erected;

c) Silt fence or sediment barrier.

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Note: Council may impose on-the-spot fines for non-compliance with this condition. Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

The following conditions are to be complied with during construction

16) Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

17) Construction Noise

Construction noise is to be limited as follows:

a) For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b) For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

Note: Council may impose on-the-spot fines for non-compliance with this condition.

18) Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

19) Inspection for on-site sewage management

All plumbing and drainage works is to be installed by a suitably qualified person. The plumber must adhere to the requirements of the NSW Code of Practice and AS/NZ 3500. The plumber is to arrange for the following inspections to be undertaken:

a) Internal drainage prior to covering of the works.

b) External drainage prior to the covering of works.

c) Irrigation installation prior to the covering of works.

d) Final

20) Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

21) Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

The following conditions are to be complied with prior to issue of a Final Occupation Certificate

22) Compliance with bushfire conditions under Section 100B of Rural Fires Act 1997

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the bushfire conditions as issued under Section 100B of the Rural fire Act 1997 have been complied with.

23) Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

24) Car parking areas to be completed and signs to be provided.

The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

25) Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a) Clear of buildings and infrastructure,

b) Clear of effluent disposal areas,

c) Not concentrated so as to cause soil erosion,

d) Not directly to a watercourse, and

e) Not onto adjoining land.

26) On-site sewage management system must be completed

The on-site sewage management system is to be constructed in accordance with approved plans and in accordance with current specifications and standards. The system is not to be used and/or operated until a Council Officer has inspected the system and authorised its use.

27) Approval to Operate required

In accordance with the Local Government Act, an Approval to Operate the onsite sewage management system must be obtained from Council. Forms may be downloaded from Council’s website with 'http://www.byron.nsw.gov.au/on-site-sewage'.

28) Control of the Obtrusive Effects of Lighting

All lighting to the development is to be installed in accordance with AS 4282-1997 Control of the obtrusive effects of outdoor lighting. Certification that lighting complies with this standard is to be provided from a licensed electrical installer prior to the issue of an occupation certificate.

29) Alternative Emergency Power Supply

The development is to be provided with an emergency power supply in the event of reticulated power failure. Certification of the completed installation is to be provided from the electrical installer prior to the issue of an occupation certificate.

The following conditions are to be complied with at all times

30) Car Parking spaces are to be available for the approved use

Eight car parking spaces are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council.

Staff and clients of the development must have unrestricted access to the car parking spaces on a daily basis.

31) 24 Hour staffing.

At least one properly qualified carer must be in attendance at the group home at all times.

32) Maximum Number of Residents

This development is approved for a maximum number of 12 residents undertaking rehabilitation/treatment programs at the transitional group home.

33) Vehicles to be parked or garaged within premises

All vehicles connected with the premises to be parked or garaged within the premises at all times.

34) Driveway – Safety Sight Distances

The roadside vegetation adjacent to the driveway in Kingsvale Road is to be pruned to maintain safe driver sight lines.

35) Access must be permitted to Council officers

Access must be permitted to any authorised Council officers during normal business hours for the purpose of ensuring compliance with consent conditions.

36) Potable Water Supply Testing

The potable water supply for the transitional home must be maintained including annual water quality testing by a NATA accredited laboratory.

37) New South Wales Food Act 2003 and Food Regulation 2010

The transitional home shall be operated and maintained to ensure that the requirements of the Food Act 2003 and Food Regulation 2010 (incorporating Food Standard Code) are satisfied at all times. Access to the Food Standard Code is available at http://www.foodstandards.gov.au. The operator is required to ensure that the business is registered with the NSW Food Authority. Notification may be carried out or updated when required at http://www.foodnotify.nsw.gov.au.

38) Disposal of Hazardous Wastes

Sharps and clinical wastes must be disposed of in containers that comply with the requirements of Australian Standard AS 4161:1994 –‘reusable container for the collection of sharp items used in human and animal medical applications’ or Australian Standard AS 4031:1992 –‘non-reusable containers for the collection of sharp medical items used in health care area’ if the containers are non-reusable.

39) No Interference with Amenity of Neighbourhood

The transitional home shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:

a) The noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy.

b) Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.

c) All wastes shall be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.

d) All trade waste pre-treatment devices and other waste storage facilities shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied.

e) Goods deliveries, fuel deliveries and waste collection shall be restricted to daytime operating hours.

40) Work Health and Safety Act 2011

The operator of the transitional home shall comply with the Work Health and Safety Act 2011 statutory requirements. Staff shall be provided with adequate toilet and washing facilities.

41) NSW Smoke-free Environment Amendment Act 2004

The transitional home shall comply with the provisions of the NSW Smoke-free Environment Amendment Act 2004.

42) All linen to be laundered off-site

All linen must be laundered off-site and all receipts for this service must be retained.

43) Adequate Sanitary Facilities to be provided

Adequate facilities for the disposal of sanitary items must be provided.

44) No increase in the number of staff or residents

Number of employees for the transitional home is limited to (6). Number of residents for the transitional home is limited to twelve (12). No increase in the number of staff or residents without prior approval of Council.

45) No Resident Vehicles

All transitional group home residents undertaking rehabilitation/treatment programs are not to have their own private vehicles (including cars, motorcycles), on the site.

46) Outdoor lighting

Outdoor lighting is to comply with AS 4282-1997 Control of the obtrusive effects of outdoor lighting.

47) Protection of effluent area

Should any livestock be introduced to the property then the effluent dispersal areas are to be fenced off.

NOTES

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Principal Certifying Authority:

Work must not commence until the applicant has:-

appointed a Principal Certifying Authority (if the Council is not the PCA); and

given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

Developer Contributions to be paid

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.

Protection of Native Birds from Window Collisions

Collisions with windows by native birds can be a problem on ridgelines and flight paths and can cause significant bird deaths depending on location and window reflection. Should bird strike become an issue it is recommended that windows be screened or other devices erected to reduce the incidence of window strike. The Audubon Society has some suggestions regarding bird strike at http://www.audubon.org/bird/at_home/SafeWindows.html

Smoke-Free Environment

The applicant and occupier of the premise are alerted to the requirements of the Smoke-Free Environment Act 2000 and the Smoke-Free Environment Regulation 2000 and the guidelines in the Regulation for determining what an enclosed public place is.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 5.4

Report No. 5.4 PLANNING - Request for Nominations for the Joint Regional Planning Panel

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

File No: I2015/1110

Theme: Ecology

Planning Policy and Natural Environment

Summary:

Council has received a request from the Department of Planning and Environment to provide new (either new or existing members) nominations for permanent members of the Joint Regional Planning Panel (JRPP).

This report requests Council to nominate 2 persons as Council nominees to the JRPP.

NOTE TO COUNCILLORS:

RECOMMENDATION:

1. That Council nominate one Councillor to the Joint Regional Planning Panel.

2. That Council nominate the Director of Sustainable Environment and Economy to the Joint Regional Planning Panel.

Report

Under the Environmental Planning and Assessment Act, 1979, a council is to nominate 2 persons as council nominees for the purposes of the regional panel, at least one of whom has expertise in planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

Council previously nominated Ms Sharyn French (Manager Environment and Economic Planning), Councillor Woods and Councillor Wanchap (alternate) to the JRPP in 2012. These nominations expire on 26 September 2015 for the permanent members; and on 24 October 2015 for Cr Wanchap.

The JRPP provides independent, decisions on regional development. The regional panels commenced operation on 1 July 2009. Regional development is development which is notified and assessed by planners from the local council and then determined by the relevant regional panel.

Each of the six regional panels is comprised of five members; three appointed by the Minister and two appointed by the relevant local council. Each regional panel also includes alternates to act in place of the permanent members if they are unavailable for any reason. All regional panel members are expected to follow the regional panel’s operational procedures and to adhere to the regional panel’s code of conduct. Both of these documents can be found at www.jrpp.nsw.gov.au

The current system for developments that will be determined by the JRPP is that a planning report is prepared independently by a Council Development Planner and that Planner (or the Manager) would present the report to the JRPP and speak to it at the public hearing.

Since the JRPP commenced, only three development applications in Byron Shire have been referred to the JRPP (Figure 1) compared to 190 for the whole of the Northern Region.

Figure 1: Byron Shire development applications determined by the JRPP

Ref No	Project Title	Location	DA Number	Status	Date DA lodged
2009NTH009	Aged Care and Seniors Housing Development	Suffolk Park	10.2009.433.1	Determined	23-09-09
2010NTH029	Alterations/Additions to existing post office	Mullumbimby	10.2010.328.1	Determined	5-07-10
2011NTH017	Mixed Use development comprising 68 residential dwellings, plus commercial and creative industry and ancillary works, plus subdivision	Byron Bay	10.2011.162.1	Determined	06-05-11

Council has recently registered the Byron Bay Bypass development application with the JRPP (ref 2015NTH011).

The request to send/confirm new nominations (either for new or existing members) is to enable the Secretariat to organise a meeting of the JRPP as required when the assessment report for this development application is received. It has also been suggested that given the Council interest in the Byron Bay Bypass, Council may also choose to nominate additional alternates if Council anticipates that their desired permanent members may declare a conflict of interest.

It is suggested that an appropriate staff nominee for the Panel is the Director Sustainable Environment and Economy, with Manager of Environmental and Economic Planning as an alternate, as this officer is not involved in Development Assessment.

Financial Implications

The Department of Planning and Environment does not remunerate council nominated members, it is a matter for each council to determine, taking into consideration the previous guidelines from the Minister, being:

· Council Staff Members: No fees should be paid, as participation in the regional panel would form part of the employee’s regular duties, consistent the Dept Premier and Cabinet Guidelines for NSW Board and Committee Members: Appointment and Remuneration (the DPC Guidelines).

· Elected Councillors: As Councillors already receive an annual fee set by the Local Government Remuneration Tribunal each year for performing their councillor duties, an additional per meeting fee is reasonable, recognising that membership of the regional panel brings additional responsibilities.

· Community members: Each council may determine an appropriate level of remuneration for that person, by arrangement with that member, with your Council’s current rates used as a guide when determining appropriate remuneration rates.

Statutory and Policy Compliance Implications

Schedule 4 of the Environmental Planning and Assessment Act 1979 states:

Part 2 Members

(1) A regional panel is to consist of the following 5 members:

(a) 3 persons appointed by the Minister, each having expertise in at least 1 of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration,

(b) 2 council nominees of an applicable council, at least one of whom has expertise in planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

(2) One of the State members is to be appointed by the Minister as chairperson of the regional panel. The Minister is required to obtain the concurrence of the Local Government and Shires Association of New South Wales to the appointment unless:

(a) the Association fails to notify its concurrence or refusal to concur within 21 days of being requested to do so by the Minister, or

(b) the Association has refused to concur in 2 different persons proposed by the Minister for appointment.

(3) In appointing a State member, the Minister is to have regard to the need to have a range of expertise represented among the panel’s members.

(4) Each applicable council is to nominate 2 persons as council nominees for the purposes of the regional panel, at least one of whom has expertise in planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

(5) If an applicable council fails to nominate 1 or more council nominees, a regional panel is not required to include 2 council nominees for the purposes of exercising its functions in relation to the area of the council concerned.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 5.5

Report No. 5.5 PLANNING - Rural Land Strategy – Site Suitability Criteria & Mapping Methodology

Directorate: Sustainable Environment and Economy

Report Author: Alex Caras, Senior Planner

File No: I2015/1114

Theme: Ecology

Planning Policy and Natural Environment

Summary:

Council resolved to prepare a Rural Land Use Strategy to provide a strategic framework for the future management and use of rural land. The Strategy is being prepared in five stages. This report presents the outcomes of Stage 2 – ‘Site Suitability Criteria and Mapping Methodology’ for Council’s endorsement. Once endorsed, this will become a key document to inform preparation of the related Stage 2 mapping and Stage 3 – ‘Policy Directions Paper’. Together both of these documents will inform preparation of the draft Rural Land Use Strategy.

NOTE TO COUNCILLORS:

RECOMMENDATION:

That Council endorse the Site Suitability Criteria and Mapping Methodology contained in Attachment ‘A’ to this report, as a key document to inform preparation of the related Stage 2 mapping and Stage 3 – ‘Policy Directions Paper’.

Attachments:

1 Draft Rural Land Use Strategy - Site Suitability Criteria & Mapping Methodology, E2015/51734

2 Form of Special Disclosure of Pecuniary Interest, E2012/2815

Background

Council at it Ordinary Meeting on 11 June 2015 resolved the following in relation the Rural Land Use Strategy:

15-286 Resolved:

1. That an amount of $50,000 be made available to support staff in the progression of the Rural Land Use Strategy, in particular Stage 2 Rural Land Use Opportunities and Constraints Mapping phase and that a report be brought back to Council with the outcomes of stage 2 including site selection criteria and their application.

2. That the project plan and time frames be amended to ensure that the RLUS is completed for adoption by 30 June 2016.

Preparation of a new Rural Land Use Strategy commenced in early 2015 and is being undertaken in the following stages:

This report presents the draft site suitability criteria and mapping methodology relating to Stage 2 above, a copy of which is contained in Attachment ‘1’. The criteria have been informed by a range of planning sources at the state, regional and/or local level. Once adopted, this framework will inform the preparation of the related Stage 2 mapping and Stage 3 – Policy Directions Paper. Together both of these documents will inform preparation of the draft Rural Land Use Strategy.

Report

The Site Suitability Criteria and Mapping Methodology (SSCMM) provide a framework for determining future rural development potential based on a range of natural resource management, risk avoidance and social/economic servicing criteria. It also identifies future rural development priorities based on service catchment and road infrastructure criteria.

The Department of Planning and Environment are preparing a North Coast Regional Plan to replace the Far North Coast Regional Strategy. In preparing the criteria and mapping methodology, staff liaised with the Department to ensure that the Rural Land Use Strategy mapping methodology direction is consistent with the policy principles of the working draft North Coast Regional Strategy. The criteria were also informed by other relevant state, regional and/or local planning documents and best practice planning principles.

For purposes of the SSCMM, the term ‘future rural development’ includes tourism, conventional rural residential, multiple occupancies, community title or other non-agricultural land uses.

The SSCMM (Attachment ‘1’) will be used to map the following categories of land:

1. Constrained Land

This identifies areas where any of the criteria listed in Table 1 are present. Constrained land will not be considered for future rural development as it includes important environmental and resource values and/or presents unacceptable risks. Examples include extreme bushfire risk, steep slopes and certain acid sulphate soils.

2. Assessable Land

This identifies areas not encumbered by any of the Constrained Land criteria in
Table 1 but potentially affected by one or more of the criteria listed in Table 2. Assessable Land encompass environmental, economic and risk avoidance criteria which may not necessarily preclude future rural development on the land but rather indicate a need for a more detailed site specific investigations to determine the site’s full development potential.

Examples include biophysical strategic agricultural lands, flood liable land and scenic/visually prominent landscape features.

The Assessable Land criteria are not comprehensive and there may be other matters which need to be taken into consideration to determine a site’s development potential.

3. Unconstrained Land

This identifies areas that are neither encumbered by Constrained Land criteria (Table 1) nor affected by Assessable Land criteria (Table 2).

4. Future Rural Development Priorities

This identifies priorities for future rural development of Unconstrained Land and Assessable Land using the ‘Service Catchment and Road Infrastructure Criteria’ in Table 3. This reflects the premise that future rural development should be within a reasonable distance of village and town services and be provided with a standard of road access that does not place a financial burden on the wider community. From a service catchment standpoint, priority will be given to land within 2km of a rural village, public primary school, general store or community hall, or 5km of a town containing a high school (Mullumbimby and Byron Bay) as follows:

· Priority 1: Unconstrained Land within a 2km/5km service catchment

· Priority 2: Assessable land within a 2km/5km service catchment

· Priority 3: Unconstrained Land outside 2km/5km service catchments

This is consistent with the service catchment rationale and distances applied in the Byron Rural Settlement Strategy 1998.

In considering future rural lifestyle living opportunities (i.e. multiple occupancy; conventional / community title rural residential subdivision) the following road infrastructure criteria has been applied to the above priorities:

· Priority 1 & 2 land — must be capable of providing an acceptable standard of road infrastructure at no cost to the wider community

Priority 3 land outside 2km/5km service catchments unlikely to be considered for future rural lifestyle living opportunities within the timeframe of this Strategy.

Conclusion

It is recommended that Council endorse the Site Suitability Criteria and Mapping Methodology contained in Attachment ‘1’ as a key document to inform preparation of the related Stage 2 mapping and Stage 3 – Policy Directions Paper. Once preparation of the Stage 2 (both SSCMM and related mapping) and Stage 3 documents is completed, they will be presented to Council to adopt for public exhibition as supporting background material when the draft Rural Land Use Strategy is exhibited. There may be subsequent refinements to the language and format of the SSCMM to improve legibility prior to being exhibited. Such changes would not affect the criteria and mapping methodology adopted by Council.

Financial Implications

This is a component of a Council initiated strategy and therefore the administration cost has been met by Council.

Statutory and Policy Compliance Implications

The Site Suitability Criteria and Mapping Methodology have been informed by the relevant state, regional and/or local planning framework and best practice planning principles.