BYRON SHIRE COUNCIL

                                                                                                                13.11 - Attachment 2

Report No. 13.11         PLANNING - 10.2015.196.1 - Alterations to dwelling and a new residential flat building eight serviced apartments and a managers residence at 40 Mullumbimbi Street Brunswick Heads

Directorate:                  Sustainable Environment and Economy

Report Author:            Ian McIntosh, Assessment Officer

File No:                         I2015/812

Theme:                         Ecology

                                      Development and Approvals

 

 


Proposal:

 

Development Application 10.2015.196.1 seeks consent to undertake alteration and additions to the existing heritage building, known as “Barnes House” which is currently divided into three residential flats, and change of use for tourist accommodation in the form of serviced apartments. Additionally a separate three storey building at the rear of the site is proposed building which will contain an additional four serviced apartments, a swimming pool, open deck areas and car parking for eleven cars.

 

Applicant:

Frank Stewart Architect

Owner:

Ms M J Rosee

Zoning:

Zone No. B2 Local Centre

Date received:

10 April 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: 22/4/15 to 5/5/15

-    Submissions: For    = 1  Against = 9

 

Other approvals (S68/138):

(60) Water & Sewer (51) Roads Act

Planning Review Committee:

Yes

Delegation to determination:

 

Issues:

·    Heritage

·    Public Interest

 

Summary:

 

The proposal seeks consent to undertake alteration and additions to the existing heritage building, known as “Barnes House” which is currently divided into three residential flats and change of use to tourist accommodation in the form of serviced apartments. The proposed works are mostly to the internal floor layout and to raise the building, by approximately 0.9m to allow the proposed downstairs living areas to comply with Building Code of Australia specifications.

 

The external works proposed are similar to those approved via DA 10.2008.719.1, however this application proposes to change the internal layout of the three existing flats so that the building will contain four serviced apartments and a Manager’s Unit. The Manager’s Unit will be at ground level along with Unit 4 which will provide adaptable housing.

 

Also proposed is a separate three storey building at the rear of the site, this differs from 10.2008.719.1 which granted consent to a detached double storey Manager’s Residence in the same location.  The proposed building will contain an additional four serviced apartments, a swimming pool and open deck area and underfloor & external car parking for eleven cars.

 

The proposal is consistent with Council’s planning controls and generally with the guidelines for Brunswick Heads, whilst providing a means for the embellishment and protection of the existing heritage building, “Barnes House” on the site.  The proposal will generally maintain the visual appearance of the existing building whilst its use as a place to provide low key tourist accommodation is consistent with the village character of Brunswick Heads as a seaside destination for tourists and residents.

 

The additional freestanding building is at the rear of ‘Barnes House’ and will not detract from its visual appearance.

 

The proposal is consistent with the relevant state planning instruments and with BLEP2014. The proposal is generally consistent with BDCP2014 except for a variation to a portion of the side boundary fence that is 2.4 metres high to act as a privacy screen between the swimming pool and deck area and the adjoining neighbour. The variation is supported by this report. The proposed variation to the front fence height and the change from a picket type fence to masonry and timber front fence with gatehouse is considered to detract from the heritage character and is not supported; subsequently the plans are to be marked in red to delete this part of the proposal. 

 

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:

That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2015.196.1 for alterations to a dwelling and a new residential flat building to be eight serviced apartments and manager’s residence, be granted consent subject to the conditions listed in Attachment 2 #E2015/49495.

 


Attachments:

 

1        Proposed Plans 10.2015.196.1 - 40 Mullumbimbi Street Brunswick Heads, E2015/50662 

2        Draft conditions 10.2015.196.1 - 40 Mullumbimbi Street Brunswick Heads, E2015/49495 

3        Letter from Frank Stewart, Architect - 10.2015.196.1 - Additional Information, S2015/9642 

4        Statement of Heritage Impact 10.2015.196.1 40 Mullumbimbi Street Brunswick Heads, E2015/50756 

5        Confidential - submissions 10.2015.196.1 40 Mullumbimbi Street Brunswick Heads, E2015/50875 

 

 



 

 

Report

 

Assessment:

 

1.      INTRODUCTION

 

1.1    History/Background

 

BA 63/69 to convert the existing dwelling into three flats

 

10.2000.180.1     Tree Removal Approved 18/04/2000

 

10.2008.719.1     Change of use - residential flats to a tourist facility and construction of a new 2 storey caretakers residence - Approved 05/05/2009

 

10.2012.96.1       Tree Removal – 3 trees - Approved 17/04/2012

 

1.2    Description of the site

 

The subject property is zoned B2 – Local Centre pursuant to Byron LEP 2014 and has an area of 1179 m2. The property is within close walking distance to shops, restaurants, bars, amenities and the beach.

 

The property contains a two storey weatherboard building which has been divided into residential flats.  It is believed the building known as the Barnes House was constructed prior to the start of the 20th Century with timber sourced from various landholdings held by pastoralist Henry Barnes in the Casino region. “Verbal records” indicate that the area under the building may have been used as an interim school room on the closure of the school in 1896 and the reopening of a new school in 1898 in Brunswick Heads. The property is identified under the BLEP 2014 as a Heritage Item (Schedule 5).

 

Consent was granted in 1969 under BA 63/69 to convert the dwelling into three flats.

 

The front setback contains vegetation including a stately Poinciana tree that is considered to be a component of the heritage streetscape character.

 

The land is generally level with the yard landscaped with lawn and garden trees and shrubs. An old garage has been constructed at the rear of the property which is accessible from Lane No. 3. The land is elevated with a level in excess of 4.25 m AHD.

 

1.3    Description of the proposed development

 

The proposal seeks consent to undertake alteration and additions to the existing heritage building (‘Pearl’), mostly to the internal floor layout and to raise the building, by approximately 0.9m to allow the downstairs living areas to comply with Building Code of Australia specifications.

 

The external works proposed are almost identical to those approved via DA 10.2008.719.1, however this application proposes to change the internal layout of the three existing flats so that the building will contain four serviced apartments (Units 1, 2, 3 & 4), and a Manager’s unit. The Manager’s unit will be at ground level along with Unit 4 which will provide adaptable housing. One car parking space is provided for the Manager and this can also be used as a disabled access space should it be required.

 

Proposed external works to ‘Barnes House’ almost identical to previous approval.

 

Existing approval for raising and alterations to ‘Barnes House’

 

Also proposed is a separate three storey building (‘Oyster’), at the rear of the site which, under consent 10.2008.719.1, contained a separate double storey Manager’s Residence.

 

The proposed building will contain an additional four serviced apartments, a swimming pool and open deck area and underfloor & external car parking for eleven cars. The existing garage/ shed located on the rear boundary with Mullumbimbi Lane is to be demolished as previously consented to in 10.2008.719.1.

 

The proposed new building comprises:

 

Ground floor

 

·    car parking for 9 guests and 2 visitors (including 1 x disabled access and 1 x multi use).

·    1.8 metre high rear fence of timber panels between masonry piers with 1.15 metre high rear gates between car parking area and Mullumbimbi Lane

·    Deck with disabled access and swimming pool with landscape gardens and masonry and planted privacy screens to neighbours private open spaces.

 

First Floor

 

·    Units 5, 6 & 7 each containing one bedroom with ensuite bathroom, and a kitchen area within a living area with north facing balcony,

 

First floor

 

·    Unit 8 two bedrooms with ensuite bathrooms, a sitting room separated from the living room by a kitchen and western and northern balconies.

 

The proposal is consistent with Council’s planning controls for the zone and guidelines for Brunswick Heads, whilst providing a means for the embellishment and protection of the existing heritage building known as “Barnes House” on the site.  The proposal will generally maintain the visual appearance of the existing building whilst its use as a place to provide tourist accommodation is consistent with the village character of Brunswick Heads as a seaside destination for tourists.

Proposed seven serviced apartment development

 

Proposed seven serviced apartment development

 

 

2.      SUMMARY OF GOVERNMENT/EXTERNAL REFERRALS

 

 

Summary of Issues

Development Engineer

Supported conditionally (see detailed comments below)

Environmental Health Officer

Not required

Water & Waste Services

Supported conditionally

Systems Engineer

ETs apply supported conditionally

 

Car Parking       Satisfactory (07/7/15)                 Unsatisfactory(20/5/15)                

20/5/2015.   

The Application is for 9 Serviced Apartments, (2 x 2B/R, 7 x 1 B/R) plus 1 Manager’s Residence. (a total of 12 bedrooms).

Council’s DCP 2014, Chapter B4, states that ‘Serviced Apartments’ is to refer to ‘Medium Density Housing’ for on site car parking rates. Such a development requires 10 car spaces plus 3 visitor spaces. The DCP also states that, for this type of development, stacked parking is not appropriate.

The application proposes only 10 car spaces in total, 2 of which are stacked. There are no visitor spaces being provided, claiming that it is a tourist development and does not comprise permanent dwellings and thus requests a relaxation of the provision of visitor car parking.

The parking rate required is 1 space per 1 or 2B/R units plus 1 space per 4 units for visitors. The current proposal requires 13 car spaces and only 10 are proposed. No stacked car parking is allowed, but this proposal requires 2 stacked spaces.

The car parking distribution and layout, as presented, does NOT comply with the current DCP 2014.

NOTE:

An alternative layout of the development could provide the site with the car parking required per the DCP. A development comprising 1 Manager’s Unit, 4 x 2 B/R units, and, 3 x 1 B/R units would require 8 car spaces plus 2 visitor spaces. This equates to 10 car spaces, no requirement for stacked car parking and retains the capacity of 12 bedrooms.

 

07/7/2015.

Subsequent to meeting with the Applicant on 15/6/15, the following parking arrangements are agreed to.

The number of units was reduced by one.

The car spaces in the front yard could either be used by the Manager or for Disabled.

As the Manager is on site at all times, especially to book people in, the disabled space was decided to be placed in the rear adjacent to the disabled unit. The space is larger than a standard one and also has shared use bay adjacent which could also be used as one of the 3 visitor spaces. It was also presented, that the visitor spaces get limited use in tourist developments and villages. It was considered that in this case that the shared use could be functional, particularly as there is a resident manager on the site to organise/assist in the parking arrangements for the disabled and visitors and the overall efficient functioning of the parking arrangements on the site. The proposal now provides 8 car spaces plus 2 visitor spaces. This equates to 10 car spaces plus one for the manager.

The consent can be conditioned to address these issues.

 

Traffic/Roadworks

      Satisfactory                         Unsatisfactory                     Not applicable

 

The existing development, comprising of 1 x 3B/R unit, 1 x 2b/r unit, and, 1 x 1 B/R unit would generate 17 vehicles/day along the rear Lane.

The proposed development, comprising of 3 x 2B/R units, and, 5 x 1B/R units would generate 40 vehicles/day along the rear Lane. The Manager’s unit would generate 5 vehicles/day accessing onto the front street. 

The proposed development doubles the traffic generation from the site onto the rear Lane. The additional 23 vehicle trips per day can be catered for along the Lane. The alignment is straight with good sight distance. The formation is flat with bitumen seal and grassed verges, being satisfactory to facilitate 2 vehicles to pass each other. The Lane exhibits a relatively low speed, shared use environment.

Notwithstanding this, there is concern expressed (submissions on the DA) regarding the perceived speed and volume of vehicles using the Lane, in particular using the Lane as a through ‘short cut’ route. (This occurs irrespective of this development occurring).

This has been discussed (now and previously) with Council’s Traffic Engineer. This matter and proposed development will be an Agenda Item for the next Local Traffic Committee meeting (24 June 2015, which in part, one way traffic flows will be considered.

The development was not rejected by the committee, although that not being the charter of the committee.

Irrespective of the above, it is prudent and consistent to provide a two way bitumen seal pavement in the Lane for the ‘frontage’ of the site and east through to join up with the existing two way pavement at the Park Street end of the Lane. The profile and formation of the Lane should be comparable to the existing two way section of the Lane.

The consent can be conditioned accordingly.

 

The Application also seeks concurrent approval for roadworks (a new driveway in Mullumbimbi Street. A new concrete driveway and layback is required from the existing kerb line through to the property boundary. The driveway from the gutter line to the edge of road pavement seal is to be bitumen sealed. Approval for this driveway can be granted with this consent and the consent can be conditioned accordingly. 

 

Heritage Officer

 

This application was not referred to a Heritage Advisor as the works proposed to ‘Barnes House’ are almost identical to those approved by 10.2008.719.1. That development Application was forwarded to Council’s consultant Heritage Advisor for comment who advised that the proposed development would have minimal impact on the heritage and urban values of the building and the proposed changes respect the heritage values of the building and would provide a viable use into the future. Recommendations were made which were added as conditions of consent in relation to the following:

 

-     Details of demolition works including demolition plans

-     Photographic recording prior to the commencement of works

-     Photographic recording of the works in progress

-     Lodgement with the Brunswick Valley Historical Society of copies of the demolition plans and photographic recordings

-     Regular inspections by the Heritage Adviser during the works and prior to handover

 

Those recommendations, in addition to the two points below, will be included as consent conditions should consent be granted to this application.

 

-     Reuse and labeling of important features such as the under floor timber stumps, particularly one with the words ‘Gins Only’ written on it.

-     Details of two ‘Open Days’ per year where Barnes House and the historic item display will be open to the public.

 

The construction of the 4 unit building in the rear of the yard will not detract from the heritage character of the streetscape of Mullumbimbi Street.

 

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

SEPP 55 – Contaminated Lands

Council must:

(a)     considered 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 the land will be remediated before the land is used.

The property has been used for residential purposes for more than 100 years. It is considered the property is suitable for residential use.

Conditions of consent recommended in relation to demolition concerning asbestos and lead paint

Yes

SEPP No. 71 - Coastal Protection

Matters for consideration for development within the coastal zone:

-    retention of existing public access to the coastal foreshore

 

-    impact of effluent disposal on water quality

 

-    development must not  discharge untreated stormwater into a coastal water body

 

-    No public access to the coastal foreshore will be impeded or diminished as part of the proposal

-    The proposed manager’s residence is to be connected to an on-site disposal system which has been assessed as satisfactory in term of impact upon the environment.

-    Stormwater is to be disposed to Council’s Stormwater System

-    No overshadowing of  the foreshore reserve or the beach is proposed

-    The development is landward of the defined erosion zones

-    The development is within the existing urban area of Brunswick Heads and is unlikely to adversely impact upon the scenic or visual amenity of the coastline.

Yes

SEPP BASIX

Certificate required for manager’s residence/unit

Certificate No 622567S, dated 8 April 2015

Yes

NSW Coastal Policy 1997

Protection of coastal access, environment and amenity

 

The proposal raises no issues in terms of the Coastal Policy. 

Yes

Building Code of Australia

Buildings to comply with the BCA

All building work to comply with the BCA. Appropriate condition of consent recommended

Yes

Demolition

Demolition to be carried out in accordance AS2601

All demolition work to comply with the AS2601. Appropriate condition of consent recommended

Yes

Disability Access (DDA)

Access for persons with disabilities and integration into surrounding streetscapes without creating barriers. (Council Res.10-1118)

Disability access proposed.

Yes

* Non-complying issues discussed below

 

3.2.   BYRON LOCAL ENVIRONMENTAL PLAN 2014

 

Zone: Zone No. B2 Local Centre

Definition: Serviced apartments

LEP Requirement

Summary of Requirement

Proposed

Complies

Meets zone objectives B2 – Local Centre

•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

•  To encourage employment opportunities in accessible locations.

•  To maximise public transport patronage and encourage walking and cycling.

•  To encourage vibrant centres by allowing residential and tourist and visitor accommodation above commercial premises.

 

Serviced apartments will allow tourist accommodation within walking/cycling distance of town centre, beaches and boat harbour foreshore.

Tourist accommodation will provide additional income within the town through visitor spending and tourist industry services.

Yes

Permissible use

Note.  Serviced apartments are a type of tourist and visitor accommodation

 

Serviced apartment means: a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

 

Serviced apartments with owner/ manager to live on site

Yes

3.1 Exempt & Complying development

3)  To be exempt development, the development:

(d)   must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

The application includes signage for which detail has not been provided. Subsequently the signage is not approved should the application be approved.

As signage can not be exempt a consent condition is to be included stating that any signage requires consent.

Yes

4.3 Height of Buildings

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map = 9.0m

Maximum height = 9.0m

Yes

4.4 Floor space ratio

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map = 0.75:1

Proposed floor space ratio is 0.749:1

Total Gross Floor area = 884m2

Site Area = 1179m2

Yes

5.6: Architectural roof features

Check: Does the roof comply with the height limits of Clause 4.3

Maximum roof height 9.0m

Yes

5.9: Preservation of trees or vegetation

Must not remove or otherwise injure any vegetation prescribed by Chapter 2 of BDCP2014, without development consent.

Consent sought for removal of 8 trees of which 5 are prescribed natives, 3 x tuckeroos & 1 x eucalypt, the eucalypt being an unsuitable species for the location and a grevillea.

A compensatory planting is proposed and will be conditioned via a Landscape Plan to be submitted prior to CC..

Yes

5.10: Heritage conservation

Check: Is it a:

·    Heritage item     = Yes

·    Aboriginal object = No

·    Building in a heritage conservation area. = No

The existing dwelling is a heritage item ‘Barnes House’

Yes

 

2(a) - Consent is required to:

(i) Alter the exterior of a heritage item

(b) making structural changes to the interior of a heritage item.

(e) Erecting a building on land on which a heritage item is located.

 

Consent sought

Yes

 

5 Heritage Assessment

Before granting consent to land on which a heritage item is located a Council may request a heritage assessment.

 

‘Statement of Heritage Significance and Conservation Policy’ & ‘Statement of Heritage Impact’ provided.

Yes

 

6 Heritage conservation management plans

After considering the heritage significance Council may require the submission of a heritage management plan.

 

‘Statement of Heritage Significance and Conservation Policy’ & ‘Statement of Heritage Impact’ provided are considered to adequately address heritage issues.

Yes

 

10 Conservation Incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:

(a)  the conservation of the heritage item is facilitated by the granting of consent, and

(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and

 

(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

 

 

a) change of use from residential flats to tourist accommodation will enable a wider population to be informed of the history of ‘Barnes House’ from staying within the heritage item and viewing a proposed display of historical items.

 

 

 

 

 

 

 

b).The ‘Statement of Heritage Significance and Conservation Policy’ & ‘Statement of Heritage Impact’ are to be stamped as part of the consent.

c).The ‘Statement of Heritage Significance and Conservation Policy’ & ‘Statement of Heritage Impact’ are to be stamped as part of the consent.

d).It is considered that the proposed alterations will not adversely affect the heritage significance but will ensure management and protection of the heritage item.

e). It is unlikely that the alterations to ‘Barnes House’ will result in any significant adverse effects on the amenity of the surrounding area, neither adjoining dwelling is a heritage item.

Yes

6.1: Acid sulphate soils

Class 4 PASS

Works > 2.0m below ground level may impact ASS

No excavation > 1.5m below ground level proposed.

Yes

6.2: Earthworks

Check: Matters under Clause 6.2(3)

Maximum earthworks = 2.0m

No earthworks >1.5m proposed (swimming pool).

Yes

6.6: Essential Services

Check:  See B3 & B4 DCP

·    water,

·    sewer,

·    electricity

·    stormwater

·    vehicle access

Site is fully serviced

Yes

* Non-complying issues discussed below

 

Byron Local Environmental Plan 2014- Issues

 

No issues

 

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

 

Byron Development Control Plan 2014

 

Control

Assessment

 Compliance

Chapter B10 - Signage

B10.1.3

The Statement of Heritage Significance & Conservation Policy states that “there will be new timber signs approx. 0.5m2 identifying the establishment at the front & rear. However as no detail has been provided and as signage is not exempt within a heritage item site, should consent be granted a consent condition is to be included stating signage requires separate development consent.

Yes

Chapter B11  Planning for Crime Prevention

B11.2.1 Development that Requires a Formal Crime Risk Assessment

1.  Council will expect a formal Crime Risk Assessment for the following types of development:

new or refurbished shopping centres or transport interchanges; or

residential developments or subdivisions comprising more than 20 dwellings or 20 lots;

any subdivision that creates pedestrian egress from the end of a cul-de-sac to another public road, public reserve or the like; or

car parks with more than 20 spaces; or

any commercial premises involving the construction or alteration of basement car parking; or

development or redevelopment of a mall or other public place;

health services facilities, nightclubs, pubs, registered clubs, restricted premises, sex services premises, small bars; and

 

other developments that, in the Council’s opinion, is likely to create a risk of crime.

The proposed tourist accommodation with live in on-site manager is not considered to be a development that is likely to create a risk of crime.

Yes

Chapter D3 – Tourist Accommodation

D3.2.1 Location and Siting

The siting, design and operation of tourist accommodation and associated development must not conflict with important ecological characteristics of the site or the Shire, and respects the natural systems and values of its location and surrounds.

 

The existing and proposed development is located within a B2 - Local Centre Zone and is therefore unlikely to adversely impact important ecological characteristics of the site or the Shire. 

 

Yes

D3.2.4 Character & Design in Business and Mixed Use  Zones

 

Tourist accommodation in Zone B2 must be compatible in character and amenity with development in the locality. The provisions of the following Sections in Chapter D4 Commercial and Retail Development apply to all tourist accommodation development in Zone B2 in the same way they apply to commercial and retail development in Business and Mixed Use zones:

a)Section D4.2.1 – Design Character of Retail and Business Areas.

b)Section D4.2.2 – Design Detail and Appearance.

 

 

See detailed discussion below.

Yes

 

D4.2.1 – Design Character of Retail and Business Areas.

 

To promote pedestrian and cycle usage, together with reduced vehicle dependency in the Shire’s business, commercial and retail areas.

 

To encourage safety, accessibility and human scale in the Shire’s business, commercial and retail areas.

 

To encourage diverse, multi-functional business, commercial and retail centres that provide a compatible range of commercial, recreational and community activities appropriate to the Shire’s climate, environment, social fabric and scenic character.

 

To ensure that development reinforces the role of centres within the Shire’s commercial centres hierarchy.

 

To ensure that establishment and operation of new development contributes to and does not detract from the social and economic robustness, diversity and vitality of retail, business and community areas and precincts.

 

The existing development on the site comprises a building approved as three residential units. The proposed development involves a change of use to serviced apartments to cater for visitors to the coastal village of Brunswick Heads. The proposal will increase the accommodation within the existing building from six bedrooms (within three apartments), to seven bedrooms within five apartments including an owner/ manager’s unit. The proposed detached dwelling at the rear will add a further three serviced apartments (3 x 1 bed & 1 x 2 bed).

 

The proximity of the development to the businesses of the town centre, the beach and Brunswick River foreshores enables easy pedestrian and cycle access which will encourage visitors to leave their vehicles parked at the development.

 

The scale of the development is appropriate to the heritage character of the existing building and the surrounding neighbourhood. The owner/operator has collected historical items, and information associated with the original property owners, and is proposing to create a historical display within the common areas for guests, a condition will ensure this. It is also proposed, & conditioned, to hold two public ‘Open Days’ for people to observe ‘Barnes House’ and the historical artefacts displayed within.

 

Previously Byron Shire Council’s Heritage consultant confirmed that the historical and cultural memory of "Barnes house" was a key contributing factor in its listing as a heritage item (10.2008.719.1). The opening up to guests of the heritage listed "Barnes house" and presentation of these items will contribute to visitors developing an understanding of part of the cultural history of Byron Shire.

 

A screened waste bin storage area for 6 x 240L bins is to be provided, out of public view, at the rear of ‘Barnes House’.

 

D4.2.2 – Design Detail and Appearance.

 

Objectives

1.   To ensure that development is compatible with the design and amenity of development in the locality.

 

Performance Criteria

1.    The design of new buildings must reflect and enhance the existing character of the precinct. The design, scale, bulk, design and operation of business, commercial and retail development must be compatible with the streetscape and with the aesthetics, function and amenity of development in the locality.

 

2.    Building design, roof profile, detailing, colours, materials and the like that are visible from the street and from adjoining properties must be compatible with any dominant design themes in the surrounding locality.

 

3.    The pattern of windows in retail areas must provide visual interest and variation and must relate to those of adjacent buildings. Building materials must relate to the context of buildings within the area to achieve continuity and harmony. Contrasting materials may be used to provide diversity, however materials and colour must not be used so that they dominate the streetscape.

 

The proposed development is not directly in the retail area of Brunswick Heads. The streetscape of the front of the property is part of the heritage character of the heritage item and provides visual interest. The existing shade trees within the Mullumbimbi Street setback which are to remain also form part of the local character streetscape appeal of ‘Barnes House’.

 

The adjoining development to the south comprises a 5 unit residential flat building with ground floor shops with zero setback facing Mullumbimbi Street.

 

Existing development along Mullumbimbi Street & within the B2 zone comprises mixed use shop top housing & residential units. There is a single storey dwelling adjoining to the west. The proposed conversion of Barnes House is within character of the locale.

 

‘Barnes House’ 40 Mullumbimbi Street  (trees in front setback to be retained).

 

 

38 Mullumbimbi Street (shop top housing five apartments) (east)

 

 

34 (shop-top housing), 32 (residential flats) & 30 (Raised dwelling),  Mullumbimbi St (east)

 

 

6 & 7 Mullumbimbi St (opposite 40)

 

 

Single storey dwelling 42  Mullumbimbi St (west)

 

The proposed use as tourist accommodation is compatible with the town centre location. The proposed development is considered a low rise, low key development to be managed by the owners living on the property and catering to the needs of the guests. The development is close by the town, beach and river at Brunswick Heads which are popular local attractions for visitors.  The scale of the development is appropriate to the heritage character of the existing building and the surrounding neighbourhood and reflects the low-scale, tourist coastal village image of Brunswick Heads.

 

The proposed building (Oyster) has been designed in contrast to the existing heritage building (Pearl). The building has contemporary lines and forms to avoid mimicking the character of the existing heritage building. The colours are generally black, white and tones of grey. The building utilises natural stone cladding and natural timber screen elements and hard landscaping as design features.

 

The SEE claims “these elements, and the deliberate contrast in building forms between the existing and new buildings, express the conceptual theme of the Pearl and Oyster, which is a reference to the Oyster industry of Brunswick Heads. This is intended to be seen as a harmony of opposites and the relationship between Brunswick Heads industrial history and the present day focus on tourism"

 

D 3.3.7 Serviced Apartments

 

Objectives

 

1. To ensure that serviced apartment development is compatible with the character and amenity of development in the locality.

 

2. To ensure that establishment of serviced apartment development does not adversely affect the social and economic robustness, diversity and vitality of retail, business and community areas and precincts.

 

Performance Criteria

 

1. The design and operation of serviced apartments must be compatible with the streetscape and character of development in the locality.

 

2. Development applications must demonstrate that the proposed development is designed and landscaped consistent with the requirements of Chapters B11 Planning for Crime Prevention and B9 Landscaping.

 

3. Serviced apartments must not adversely affect the amenity of the precinct in which it is located.

 

4. Serviced apartments must comply with the requirements of Chapter D1 Residential Development in Urban and Special Purpose Zones, Section D1.6.

 

As detailed in D4.2.1 & D4.2.2 the proposed serviced apartments, tourist accommodation is compatible with the town centre location.

 

The proposed development is a low rise, low key development, to be managed by the owner’s family living on the property and thereby catering to the needs of the guests and ensuring the preservation of amenity to neighbours.

 

The development is close by the town, beach and river at Brunswick Heads which are popular local attractions for visitors.  The scale of the development is appropriate to the heritage character of the existing building and the surrounding neighbourhood and reflects the low-scale, tourist-beach image of Brunswick Heads.

 

The proposed serviced apartment development is compatible with the character and amenity of existing development in the locality. The area around the existing and proposed buildings is vegetated and is not visually prominent.

 

The proposed new building complies with all other BLEP2014 and BDCP2014 requirements, including density, height, setback, car parking, landscaping and open space requirements, and will be compatible with the existing and planned scenic quality and character of the locality.

 

The proposed development will have social and economic benefits for the village of Brunswick Heads. The development is located within an area identified as suitable for tourism and will help provide for a growing economy in this area. The construction of the building and associated works will provide employment within the construction and allied industries.

 

The proposed serviced apartment development will add to the existing social & economic robustness and the diversity and vitality of retail, business and community areas and precincts.

 

Byron Development Control Plan 2014

 

Control

Assessment

 Compliance

D1.6 – Multi Dwelling Housing, Residential Flat Buildings & Attached Dwellings

D1.6.1 - Private Open Space Courtyards

 

 

The proposed development is for tourism i.e. short stay accommodation and not for permanent residents. Notwithstanding each unit has a private open space balcony or access to a landscaped private outdoor area.

Yes

D1.6.2 – Open Space Balcony

 

 

All above ground units have direct access to a private open space balcony with an area of 15m2 and at minimum length & width of 2.4m.

All units are oriented towards the north except for 3 & 4, which have a south-west orientation.

Yes

D1.6.3 - Landscaping

Landscaping has been conditioned to be in accordance with BDCP2014.

Yes

 

 

 

 

E4.1.2 Aims of this Chapter

The primary purpose of this Chapter of the DCP is to provide relevant criteria and standards for the future development of the Brunswick Heads Urban Area. The aims of this Chapter are:

 

1.   To facilitate and provide guidelines for the development of the Brunswick Heads Urban Area consistent with the provisions of the Byron LEP 2014, the Brunswick Heads Settlement Strategy 2004 and other relevant strategies and Chapters of this DCP.

 

2.   To maintain and enhance the appearance and atmosphere of Brunswick Heads as a low-key, family-friendly coastal village.

 

3.   To encourage new development to complement, support and strengthen the character, living amenity and tourist potential of the town and to maintain and enhance pedestrian and cycle access.

 

4.   To foster and reinforce the restoration and protection of the riverside environment of Brunswick Heads.

 

5.   To continue to implement environmentally sustainable development principles in the town’s business area; and to further enhance its role as a dynamic local business sector offering a range of employment opportunities.

 

6.   To reinforce the town’s historical linkages and to protect identified heritage items.

 

The proposal is generally consistent with the aims of Chapter E.

 

It is considered that the proposed alterations will not adversely affect the heritage significance but will ensure management and protection of the heritage item. It is unlikely that the alterations to ‘Barnes House’ will result in any significant adverse effects on the amenity of the surrounding area neither adjoining dwelling is a heritage item. Notwithstanding the proposed stone and timber front fence and gatehouse have not been sufficiently addressed and those two components are not supported by this report. Subsequently the proposed front fence and gatehouse will be crossed out in red on the plans should the application be approved.

 

 

E4.2.1 Brunswick Heads - Character. Bulk and Scale of Development

 

Performance Criteria

 

The existing and desired future character of Brunswick Heads is defined by the following characteristics:

 

Business and Mixed Use Areas

 

Land zoned B2 provides a safe, low traffic speed, pedestrian/cycle friendly environment that encourages outdoor dining and community activity in the street.

 

Development in this area uses setbacks, planting and design elements to contribute positively to village amenity and create a pedestrian/cycle friendly streetscape.

 

New commercial and retail development is consistent with the requirements of Chapter D4 Commercial and Retail Development. Development is designed to enhance the low key, family-friendly, coastal village character, streetscape and scale of Brunswick Heads.

 

New development respects the north coast climatic conditions and adopts sustainable design principles. lt incorporates footpath awnings and sun and rain protection for pedestrians. Landscaping is provided in accordance with the requirements of Chapter B9 Landscaping. Development respects heritage items.

 

The proposed development has an outdoor dining area for guests and is compatible with a safe, low traffic speed, pedestrian/cycle friendly environment.

 

The existing building on Mullumbimbi St. (Pearl) has an existing set back approx. 7 metres from the front boundary and incorporates existing established landscaping. The design elements of the heritage listed building such as pitched roof, sub floor screen, timber posts, wide verandahs, domestic scale, timber stair & balustrade detail are to be retained, as they forms part of the heritage character of the building.

 

The rear laneway is predominantly a service road and provides access for car parking and services. This frontage will have a 1.8m high timber and masonry fence and 1.15 metre high gate to comply with safe sightlines for pedestrians & traffic using the lane, and landscaping to reduce the apparent scale of the building on this frontage.

 

The design elements of the heritage listed building combined with the complimentary new rear yard building will contribute to the low key, family-friendly, coastal village character, streetscape and scale of Brunswick Heads.

 

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

 

Site Waste Minimisation and Management: Standard condition applies

 

Impact on:

Likely significant impact/s?

Natural environment

No significant impacts.

Built environment

The proposed development is in keeping with the objectives of the B2 Local Centre zone, and is compliant with the planned maximum site density ratio of (0.75:1) while maintaining the heritage values and character of ‘Barnes House’. The heritage character of the streetscape is maintained by new building being sited, with maximum separation, in the rear yard and accessed via the rear lane.  The proposed development is not out of character with the area which is dominated with two storey buildings, holiday flats up to 9.0 metres in height, and large and/or elevated dwelling houses.

Social Environment

The development caters directly to the high demand for tourist accommodation in the locality.  The proposed units within the refurbished ‘Barnes House’ will include an accessible unit and historical display to add to guest’s awareness of the history of the heritage dwelling and Brunswick Heads coastal village. The new 3 unit building will have a high level of amenity and the location is within easy walking and cycling distance to the town centre, river & beaches.

Economic impact

The construction will have short term benefits to the local economy.

The tourist accommodation will have long term financial benefit to the local economy and will ensure the maintenance of the heritage item.

 

 

3.5    The suitability of the site for the development

 

The site is located within Zone B2 – Local Centre, with high connectivity to local services and amenities.  All planning and environmental constraints affecting the site are considered to have been satisfactorily addressed by the application and/or the conditions of consent recommended at the end of this report.  The subject property is not affected by flooding, bushfire or geotechnical constraints, and the application is supported on Engineering grounds (#A2015/10764).

 

The site is suitable for the proposed development.

 

3.6    Submissions made in accordance with this Act or the regulations

 

There were eleven submissions made against the development application and one in support.

It is noted that another two of the submissions generally supported the application but with some reservations.

 

Issue

Comment

The proposal is an overdevelopment of the site.

The proposal complies with the maximum 0.75:1 Site Density Ratio for the B2 zone & maximum height restriction.

 

Doesn’t comply with car parking requirements

The number of Units has been reduced (Unit 9 deleted) car parking now complies.

 

We weren’t consulted prior to lodgement.

Not required but Noted.

Traffic issues in the laneway not addressed.

Council has considered the number of additional traffic movements in the lane and have applied consent conditions for an upgrade to the lane. Local Traffic committee is also looking into the potential for making the lane one way.

 

Garbage bins should be relocated.

The bins have been relocated to behind building ‘Pearl’.

Height should be reduced to 7.5 metres.

The height limit for the site and surrounding land is 9.0m. The residential flat building adjacent to the east is 9.0m high.

 

We object to the length and height of the masonry fence next to the swimming pool, & the swimming pool location right next to our western boundary and the impact on our amenity.

The applicant met with adjoining owners and the height of the masonry wall, which is to screen the pool and to protect the amenity of neighbours, has been reduced 0.5m from 2.8m to 2.3m and the length reduced from by 1.4m from 10.5m to 9.1m.

The pool is separated from the masonry wall on the side boundary by a 1.7m wide disabled access ramp.

 

The swimming pool deck has been lowered by more than 0.5m.

 

The application requests stacked parking which is not consistent with the DCP

Stacked parking is limited to the on-site manager only if & when the disabled parking is required in the Mullumbimbi Street setback. Otherwise the disabled space is provided at the rear of the disabled access unit.

There should be a laneway policy in Brunswick Heads to protect the character of the rear lanes.

The character of rear lanes are regulated within residential zones, the subject land is within a business zone where development is allowed

 

Landscaping as proposed is inadequate

Landscaping has been conditioned to be in accordance with BDCP2014.

 

 

 

The importance of the site’s main house to Brunswick Heads’ heritage is acknowledged and also the need for the owner to undertake improvements to the site so as to make their investment in the property sustainable. We also support, in principle, the property being used for serviced apartments.

Noted.

There is a mango tree on the fenceline that is proposed to be removed. We were not consulted.

Removal for a mango tree does not form part of this consent. However, fruit trees are exempt for removal under Byron LEP2014 & BDCP2014. Removal of a mango tree on the boundary is a matter between the adjoining neighbours.

 

No Heritage Impact Statement.

A ‘Statement of Heritage Significance and Conservation Policy’ & a ‘Statement of Heritage Impact’ were provided and are considered to adequately address heritage issues.

 

The proposed external works to ‘Barnes House’ are virtually identical to what was previously supported by Council’s Heritage Advisor and subsequently approved by Council via DA 10.2008.719.1.

 

Is there going to be commercial signage in the front?

Signage not approved as part of this consent, if granted. A consent condition stating that is to be included in any consent.

 

The opening of the front fence for a driveway will decrease the street parking by at least one space

‘Barnes House’ has street frontage to Mullumbimbi Street and therefore has the right to vehicle access.

 

The state of the gutters footpaths and verges in Mullumbimbi Street are hazardous and it is impossible to place the waste bins for collection.

Roads Act Approval has been granted for a concrete driveway and concrete layback from the property boundary through to the edge of gutter. A bitumen sealed driveway from the edge of gutter/layback through to the existing road pavement seal.

Noise impact on residences.

I am already impacted by the Brunswick Heads Hotel.

The proposed development is for short term tourist accommodation comprising 8 serviced apartments and a manager’s residence.

 

There is no nexus between noise generated elsewhere and the proposed development. A condition re noise generation is to be included should consent be granted. On-site manager will have ability to ensure neighbourhood noise amenity is maintained.

 

Impact on solar access from 3 storey dwelling

The proposed development complies with maximum 9.0m height controls.

 

Lifting of the dwelling and excavation may effect the water table there are bores in the area.

Highly unlikely

The DA doesn’t mention any changes to the power pole that we share in the road reserve.

Council is not the electricity provider however there would not appear to be any reason for the pole, which is not on the subject land to be impacted.

 

The maximum height in the area should be 7.5m not 9m, as stated in the Brunswick Heads Settlement Strategy

The BLEP2014 controls the maximum building heights across the shire. The Height Map in the under BLEP2014. Allows 9.0m.

Note the adjoining commercial/residential development to the east is 9.0m high.

 

The stone & timber front fence is not in keeping with the picket fence and should not be supported.

While it is not clear that the existing front picket fence was part of the Heritage item listing, it does however, form part of the heritage character in the streetscape. No detail of the proposed fence other than it is 1.35 metres high and made from stone and timber; the front fence is not supported.

 

There are no shadow diagrams.

Development in the B2 – Local Centre zone is not subject to the same Building Height Plane and setback controls that apply in residential zones. The buildings comply with the height controls.

 

Any argument that tries to enforce a 7.5 metre height limit is nonsense as 9.0m is consistent with what the BHSS wanted as voted in 2004.

Noted

It is also wrong to argue that the site is an overdevelopment as the unit entitlement is permissible.

Noted

 

 

 

 

Any argument from adjoining and nearby owners in the residential zone that special consideration should be given to the southern side of Mullumbimbi Street is wrong as it has historically been zoned for commercial and people chose to live there.

Noted

The applicant lives within the B2 zone and is entitled to undertake  the maximum development permissible to ensure financial viability.

Noted

The laneway problems could be solved by placing no parking signs and enforcing the parking requirements of commercial buildings on the corner of Park St & Mullumbimbi Lane.

Noted

Exemption for stacked parking for the manager’s site in the Mullumbimbi St frontage should be supported as such ‘valet’ parking is not uncommon other tourist accommodation developments.

Proposed and supported.

Compensatory planting of a tuckeroo should be conditioned.

Landscaping with local rainforest species, including a 3 x tuckeroo trees is to be conditioned.

 

The raising of the building should not destroy the historical significance of the fact that aboriginal staff were ‘housed under the house and one of the stumps has ‘Gins Only’ written on it and this should be preserved.

The owner has indicated that the stump mentioned, and other useable stumps that need to be removed, will be featured in other areas of the proposed development i.e. the walkway between the buildings and will be labelled to highlight their heritage significance.

 

It should also be noted that the owner has indicated a willingness to educate the interested public about the heritage of ‘Barnes House’ and Brunswick Heads via two ‘Open Days’ per year.  This can be conditioned.

 

The rear yards along Mullumbimbi Lane have become home to water dragons and other reptiles.

The reptiles will still be able to inhabit the garden areas which will no doubt be enjoyed by the guests.

The height of the buildings will increase the concentration of fruit bats flying over my property.

It is not understood why this would be expected, fruit bats are very capable flyers and can easily fly higher than 9.0m.

 

 

NOTE:  The applicant provided Council with responses to submissions, plus additional information regarding the proposed heritage item display to be exhibited within Barnes House that will be open to the public two open days. Attachment 3.

 

 

3.7    Public interest

 

The development as proposed development is not contrary to the public interest.

 

4.      DEVELOPER CONTRIBUTIONS

 

4.1    Water & Sewer Levies

 

Referral Report #A2015/10770; Assessed by Jason Stanley

 

Current Situation

Existing entitlements have been sourced from the DA 10.2008.719.1 ET assessment (#DM850667).

 

Using the current day ET Policy 13/005, the existing sewer, water and bulk water entitlements are as follows:

Table 1 - Calculation of Existing Water & Sewer ETs

Ref

Development Type

Standard

Unit

Quantity

ET Rate (ET/unit)

ET Load

Water

Sewer

Water

Sewer

3.7

1 bedroom unit

(Unit 2)

Dwelling

1

0.40

0.50

0.40

0.50

3.8

2 bedroom unit

(Unit 3)

Dwelling

1

0.60

0.75

0.60

0.75

3.9

3 bedroom unit

(Unit 1)

Dwelling

1

0.80

1.00

0.80

1.00

TOTAL

1.80

2.25

 

Therefore, the existing ET entitlement for this property is:

·    1.80 ET for Water & Bulk Water; and

·    2.25 ET for Sewer.

 

Proposed Development

The application seeks development consent constructing 9 serviced apartments, managers unit and pool. The proposed development will generate the following load:

Table 2 - Calculation of Proposed Development Water & Sewer ETs

Ref

Development Type

Standard

Unit

Quantity

ET Rate (ET/unit)

ET Load

Water

Sewer

Water

Sewer

3.11

1 bedroom Managers Unit

Dwelling

1

0.40

0.50

0.40

0.50

6.6

Unit 1 & 2

2 bedroom serviced apartment

Dwelling

2

0.50

0.75

1.00

1.50

6.6

Unit 3, 4, 5, 6, 7, 8, 9

1 bedroom serviced apartment

Dwelling

7

0.33

0.50

2.31

3.50

11.7

Swimming Pool

Commercial premises

Assume 3m (W) x 5.6m (L) x 1.5m (D)

Using #E2015/9848

0.42

0.31

TOTAL

4.13

5.81

 

Table 3 - Calculation of Additional Water & Sewer ET Load

 

Water

Sewer

Existing ET Entitlements (Table 1)

1.80

2.25

Proposed Development ET loading (Table 2)

4.13

5.81

Additional ET loading

2.33

3.56

 

Therefore, this development generates an additional load onto Councils Water, Bulk Water and Sewer System

 

Council requires Payment of Developer Servicing Charges (prior to issue of a construction certificate) of:

·    2.33 ET for Water & Bulk Water; and

·    3.56 ET for Sewer.

 

4.2    Section 94 Contributions

 

Section 94A Levy to be paid

 

Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan2012 shall be paid to Council. 

 

The levy will be calculated as follows:

Levy payable = %C x $C

 

Where:      %C    is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E. 

 

$C is the proposed cost of carrying out the development. 

 

The rate of %C is:

 

Proposed cost of the development

Maximum percentage of the levy

Up to $100,000

Nil

$100,001–$200,000

0.5 percent

More than $200,000

1.0 percent

 

The cost of development shall be shall be calculated in accordance with clause 25J of the regulation.  The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 94A contributions plan shall be submitted to Council with the with the payment.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from http://www.byron.nsw.gov.au/

 

5.      CONCLUSION

 

The proposal seeks consent to undertake alteration and additions to the existing heritage building, known as “Barnes House” which is currently divided into three residential flats and change of use to tourist accommodation in the form of serviced apartments. The proposed works are mostly to the internal floor layout and to raise the building, by approximately 0.9m to allow the proposed downstairs living areas to comply with Building Code of Australia specifications.

 

The external works proposed are similar to those approved via DA 10.2008.719.1, however this application proposes to change the internal layout of the three existing flats so that the building will contain four serviced apartments and a Manager’s Unit. The Manager’s unit will be at ground level along with Unit 4 which will provide adaptable housing. One car parking space is provided for the on-site manager.

 

Also proposed is a separate three storey building at the rear of the site, this differs from 10.2008.719.1 which granted consent to a detached double storey Manager’s Residence in the same location.  The proposed building will contain an additional four serviced apartments, a swimming pool and open deck area and underfloor & external car parking for eleven cars.

 

The proposal is consistent with Council’s planning controls and generally with the guidelines for Brunswick Heads, whilst providing a means for the embellishment and protection of the existing heritage building, “Barnes House” on the site.  The proposal will generally maintain the visual appearance of the existing building whilst its use as a place to provide low key tourist accommodation is consistent with the village character of Brunswick Heads as a seaside destination for tourists and residents.

 

The additional freestanding building is at the rear of and well separated from, ‘Barnes House’ and will not detract from its visual appearance.

 

The proposal is consistent with the relevant state planning instruments and with BLEP2014. The proposal is generally consistent with BDCP2014 save for a variation to sections of side boundary fence that are 2.4 metres high to act as a privacy screen between the swimming pool and deck area and the adjoining neighbour. The variation is supported by this report.

 

The proposed variation to the front fence height and the change from a picket type fence to masonry and timber front fence with gatehouse, is considered to detract from the heritage character and is not supported. Subsequently the plans are to be marked in red to delete this part of the proposal. 

 

The application is supported subject to consent conditions.

 

6.      RECOMMENDATION

 

That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2015.196.1 for alterations to a dwelling and a new residential flat building to be eight serviced apartments and manager’s residence, be granted consent subject to the conditions listed in Attachment 2 #E2015/49495.

 

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

Provide Disclosure Statement register details here: Nil