Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Planning Meeting

 

 Thursday, 16 May 2019

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 11.00am

 

 

 

 

Public Access relating to items on this Agenda can be made between 11.00am and 11.30am on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

 

 

 

Mark Arnold

General Manager

 


CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§  The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§  The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)   the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)   the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§  If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§  Just because the person is a member of, or is employed by, the Council.

§  Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§  A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§  The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)   at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)   at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§  It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§  Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

§  Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)   In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)   including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)   not including the making of an order under Division 2A of Part 6 of that Act.

(2)   The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)   For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)   Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)   This section extends to a meeting that is closed to the public.

 


BYRON SHIRE COUNCIL

Planning Meeting

 

 

BUSINESS OF Planning Meeting

1.    Public Access (only on items on the agenda)

2.    Apologies

3.    Declarations of Interest – Pecuniary and Non-Pecuniary

4.    Adoption of Minutes from Previous Meetings

4.1       Planning Meeting held on 11 April 2019

5.    Reservation of Items for Debate and Order of Business

6.    Staff Reports

Sustainable Environment and Economy

6.1       PLANNING - 10.2018.483.1 Rural Tourist Accommodation Eight (8) cabins and pool... 4

6.2       PLANNING: Submission to 'Discussion Paper - Local Character Overlays'................. 91

6.3       PLANNING - 10.2018.137.1 - Rural Land Sharing Community (Multiple Occupancy) consisting of Fifteen (15) Dwelling Sites and Associated Works....................................................... 102

6.4       PLANNING - 10.2019.42.1 Boundary Adjustment 2 lots into 2 lots at 1660 and 1670 Coolamon Scenic Drive MULLUMBIMBY..................................................................................... 314

6.5       PLANNING - Exceptions of Development Standards 1 January 2019 to 31 March 2019 330

6.6       PLANNING - 10.2013.587.6 S4.55 for Minor Changes to Approved Plans and Amendments to Easements and Hours of Operation and Removal of Requirement to Comply with Council's Airspace Policy at 108-110 Jonson Street BYRON BAY  NSW  24........................................... 334

Infrastructure Services

6.7       Suffolk Beachfront Holiday Park - Sale of homes on site 3 & 8.................................. 362    

 

 

 

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director prior to the meeting. Any suggested amendments to the recommendations should be provided to Councillor Support prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     6.1

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 6.1             PLANNING - 10.2018.483.1 Rural Tourist Accommodation Eight (8) cabins and pool

Directorate:                 Sustainable Environment and Economy

Report Author:           Ben Grant, Planner

File No:                        I2019/433

                                       

 

 

Proposal:

 

DA No:

10.2018.483.1

Proposal description:

Rural Tourist Accommodation: Eight (8) Cabins, Swimming Pool and Associated Works

Property description:

LOT: 4 DP: 621548

58 Montecollum Road WILSONS CREEK

Parcel No/s:

53590

Applicant:

Frank Stewart Architect

Owner:

Mr S B Yishay & Ms L B Levi

Zoning:

RU2 Rural Landscape / PART DM Deferred Matter

Date received:

21 September 2018

Integrated / Designated Development:

    Integrated

    Designated

    Not applicable

Concurrence required

No

Public notification or exhibition:

-    Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 11/10/18 to 24/10/18

-    Submissions received: 18 submissions from 16 persons opposed.

Planning Review Committee:

14 February 2018

Variation request

    Clause 4.6

    SEPP 1

    Not applicable

Delegation to determination:

Council

Issues:

·      Bushfire prone land.

·      Clustering of rural tourism facilities.

·      Vehicular access – Montecollum Road will require upgrading.

·      Visual and rural amenity impacts.

 

Summary:

 

Proposed Development

This development application seeks approval for eight tourist cabins and a swimming pool on a rural site at 58 Montecollum Road, Wilsons Creek. Six cabins and the swimming pool are proposed just below a ridgeline near the northern boundary and a further two cabins are proposed centrally on the site, east of the existing dwelling house.  A new driveway access will be constructed about 500m further east of the existing property entrance to service cabins one to six.

 


 

The site

The site is located about 5km south-west of Mullumbimby in the Koonyum Range. The site has an area of about 31 hectares and is partially cleared, with environmentally significant vegetation on the eastern ridgeline. The southern boundary is formed by Wilsons Creek. Land uses in the surrounding area are a mixture of small horticultural activities, rural living, rural landsharing communities and a few rural tourist facilities. Two dwelling houses are located centrally on the site, with a number of sheds located nearby.

 

The site is zoned partly RU2 Rural Landscape under LEP 2014 and partly 1(a) (General Rural Zone) under LEP 1988. The proposed development is located wholly within the RU2 zone and is permissible with consent.

 

Key Issues

The main issues arising from the assessment of this application are:

 

·    Bush fire risk.

·    DCP 2014, Part D3.3.4 – clustering of tourism development within 80m.

·    Visual impact.

·    Vehicular access and road upgrades.

·    Impacts on the amenity of nearby residences.

·    Proximity to overhead powerlines.

 

The site is identified as bush fire prone land and the development requires a Bush Fire Safety Authority (BFSA) under Section 100B of the Rural Fires Act 1997. The application is integrated development. The Rural Fire Service have assessed the proposal as acceptable and issued general terms of approval. A range of bushfire protection measures for access, water supply and emergency access will need to be incorporated into the development in accordance with the BFSA.

 

The location and siting of the proposed facility results in a variation to the prescriptive measures of DCP 2014, Chapter 3, Part D3.3.4, which requires cabins to be arranged in a cluster pattern of 80m around the existing dwelling. In this particular case, the cabins are clustered around the dwelling over a distance of about 150m. For reasons explained further in the body of this report, the design is able to satisfy the objectives and performance criteria of the control and has sufficient merit to warrant support. In particular, the cabins are able to be easily managed by the resident/s of the property without the need for a caretaker and the siting and design of the development will not have an unreasonable impact on the environmental values of the land or result in land use conflicts that are unable to be managed through conditions of consent.

 

The proposal does have some potential to impact on the rural amenity of the locality, mostly as a result of increased noise, light from traffic movements, with neighbouring dwellings at 70 and 80 Montecollum Road the most likely to be affected. These impacts are, on balance, considered to be acceptable on the basis that such externalities can be reasonably managed through conditions of consent. The recommendations of this report include conditions requiring Montecollum Road to upgraded and limitations placed on the use and operation of the facility.

 

In relation to visual impact, the proposal is considered to be acceptable given that the development cannot be clearly viewed from public locations and is unlikely to visually disrupt the skyline. Views to the site from surrounding properties will be at a considerable distance and screened by existing vegetation. The use of recessive earth-toned colours can be used in conjunction with landscaping to soften the appearance of the development.

 

Council’s Ecologist raised no objection to the proposal from an ecological perspective, but recommended that a Biodiversity Conservation Management Plan be prepared and adopted as a condition of consent. This will include the planting of 7,200 trees providing a positive environmental outcome. No adverse impacts on flora or fauna are anticipated as a result of the proposal subject to the required environmental enhancement works.

 

 

Conclusion

The proposed development is considered to comply with the relevant planning controls and is compatible with the constraints of the site. There are no significant issues that are unable to be managed through conditions of consent. As such the application is recommended for approval.

 

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 4.16 of the Environmental Planning & Assessment Act 1979, development application 10.2018.483.1 for rural tourist accommodation: eight (8) cabins, swimming pool and associated works be granted consent subject to conditions in Attachment 1 #E2019/29050.

 

Attachments:

 

1        Recommended conditions of consent, E2019/29050 , page 26  

2        Proposed plans, E2019/29060 , page 46  

3        Submissions, E2019/31203 , page 56  

 

 

 

 

53590

 

Assessment

 

1.         INTRODUCTION

 

1.1.          History/Background

 

The site contains two dwelling houses and several sheds. Previous determinations for the property are shown below:

 

·        Building Permit No. 253/77 – Dwelling, approved 5 October 1977.

·        Development Application No. 81/403 – Dwelling, approved 27 May, 1981.

·        Building Permit No. 81/438 – Dwelling, approved 26 July, 1981.

 

The 1977 Building Permit relates to the western most dwelling, which appears to have been lawfully constructed and occupied in accordance with this approval. Unfortunately, there are no building plans with the 1981 approval to confirm if it relates any existing buildings on the site. It is therefore unclear if this approval was ever lawfully commenced.

 

Detached dual occupancies were not permitted in the non-urban (a) zone under the former Interim Development Order No. 1 which was in force when DA 81/403 was issued. This is further clarified by Condition 3 of the consent, which states that the development consent is valid only in the instance of there being “no other dwelling already existing on the subject property”.

 

Based on the available information, it is considered highly likely that the second dwelling on the property is unlawful and should be decommissioned in the event that Council decides to grant consent to the current application. Suitable conditions have been included in the recommendations of this report.

 

1.2.          Description of the proposed development

 

This Development Application seeks approval for:

 

·          Eight tourist cabins. Six cabins will be located just below a ridge that runs parallel with the properties northern boundary. A further two cabins will be located centrally on the site, approximately 100m east of the existing dwelling. The cabins are simple rectangular buildings featuring lightweight external materials, covered decks, skillion roofing and suspended flooring. Each cabin will have a single bedroom, bathroom, living area, kitchen, and covered verandah.

 

·          Construction of an in-ground concrete swimming pool with dimensions of 5m by 16m and a total capacity of 120kL. The pool is intended to be used by guests of the proposed facility.

 

·          A pool house and associated paved terrace and timber deck. The pool house will contain a toilet and BBQ facilities to be used as part of the proposed facility.

 

·          Associated landscaping works and the construction of internal access roads and car parking in accordance with Council and RFS standards.

 

An application under section 68 of the Local Government Act 1993 to install on on-site sewage management system (OSMS) has been made concurrently with the development application.

 

1.3.          Property Description

 

Land is legally described as

LOT: 4 DP: 621548

Property address is

58 Montecollum Road WILSONS CREEK

Land is zoned:

RU2 Rural Landscape / PART DM Deferred Matter

Land area is:

30.97 hectares

Property is constrained by:

Bushfire Prone Land, High Environmental Value Vegetation

 

The site is located about 5km south-west of Mullumbimby, and is situated on an elevated site in the Koonyum Range. The site has an area of about 31 hectares and is partially cleared, with environmentally significant vegetation on the eastern ridgeline. The southern boundary is formed by Wilsons Creek. Land uses in the surrounding area are a mixture of small horticultural activities, rural living, rural landsharing communities and a few rural tourist facilities. Two dwelling houses are located centrally on the site, with a number of sheds located nearby.

 

The site is zoned partly RU2 Rural Landscape under LEP 2014 and partly 1(a) (General Rural Zone) under LEP 1988.

 

 

Figure 1: Aerial image of the site.

 

 

Figure 2: Location of proposed cabins 1-6 and swimming pool.

 

 

Figure 3: Location of proposed cabins 7-8.

 

 

Figure 4: Existing dwelling house.

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Environmental Health Officer

No objections subject to conditions.

Development Engineer

No objections subject to conditions.

Building Surveyor

No objections subject to conditions.

Ecologist

No objections subject to conditions.

Rural Fire Service (100B/4.14/4.14)

No objections subject to conditions contained within the Bush Fire Safety Authority.

Essential Energy (Cl. 45 ISEPP)

Objection due to proximity to powerlines. This infrastructure will need to be relocated. See discussion below.

 

Issues:

 

Proximity to powerlines

Proposed cabins 1-3 are located close to an 11kV over head powerline that runs along the northern ridgeline. Essential Energy commented that any liveable structure must be located at least 10m from the centreline of the powerlines. To achieve this, the applicant is proposing to relocate the powerlines further north, increasing the separation distance to at least 10m. Essential Energy raised no objection to this but noted that all works will be at the owner’s expense. A condition is recommended for the powerlines to be suitably realigned in accordance with the requirements of Essential Energy prior to the commencement of any building works.

 

3.         ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

3.1       Section 4.56 Integrated development

 

The proposed development is classified as a Special Fire Protection Purpose and requires a Bush Fire Safety Authority (BSFA) from the NSW Rural Fire Service (RFS) under S100B of the Rural Fires Act 1997 and is integrated development under S4.56 of the Environmental Planning and Assessment Act 1979.

 

General Terms of Approval have been issued by the Rural Fire Service and are included in the recommendations of this report.

 

3.2       Section 4.15 – Evaluation

 

Having regard to the matters for consideration detailed in Section 4.15(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.

 

3.3       State Environmental Planning Instruments

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 44—Koala Habitat Protection

The site is not considered as core Koala habitat but it is noted that the north-eastern ridge is mapped as containing preferred Koala feed tree species. To improve environmental outcomes for the site, a Biodiversity Conservation Management Plan is recommended as a condition of consent along with a condition restricting the keeping of cats or dogs by guests to improve environmental outcomes on the property.

 

State Environmental Planning Policy No 55—Remediation of Land

A preliminary soil contamination assessment was provided with the application. Samples were analysed for heavy metals, organochlorines and organophosphorous, which were considered to be the most likely chemicals used on the property. The sampling results were compared to adjusted Health Investigation Limits (HIL) from NEPM 1999 (2013) and concentrations of all tested contaminants were below the relevant HILs. Council’s Environmental Health Officer concluded that based on the known history of the site, the land is considered to be suitable for the proposed use and does not require remediation.

  

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A multi-dwelling BASIX certificate has been provided and all commitments for energy, water and thermal comfort have been shown on the DA plans. The proposal is classified as BASIX optional development.

 

State Environmental Planning Policy (Infrastructure) 2007

Pursuant to clause 45(1) in the Infrastructure SEPP, the application was referred to Essential Energy for comment due to the proximity of the proposed cabins and swimming pool to overhead powerlines. Essential Energy raised safety concerns and commented that the proposal must be able to achieve a separation distance of at least 10m from the powerlines. The applicant is proposing to realign the powerlines to comply with this requirement. Refer to Section 2 of this report.

 

4.2A  Byron Local Environmental Plan 2014 (LEP 2014)

 

LEP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act because it applies to the subject land and the proposed development. The LEP 2014 clauses that are checked below are of relevance to the proposed development:


 

 

Part 1

1.1| 1.1AA| 1.2| 1.3| 1.4| Dictionary| 1.7| 1.8| 1.8A| 1.9| 1.9A

Part 2

2.1| 2.2 | 2.3 |Land Use Table | 2.4 | 2.5 | 2.6 | 2.7 | 2.8

Part 4

4.2A| 4.2D| 4.3

Part 5

5.13

Part 6

6.2| 6.5| 6.6| 6.8

 

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a)     The proposed development is defined in the LEP 2014 Dictionary as Swimming Pool, Tourist and Visitor Accommodation.

(b)     The land is partly within the RU2 Rural Landscape zone under LEP 2014 and partly within the 1(a)–(General Rural Zone) under LEP 1988 according to the Land Zoning Map. The proposed development is entirely within the RU2 zone.

(c)     The proposed development is permitted with consent; and

(d)     Regard is had for the Zone Objectives as follows:

 

Zone Objective: RU2 Rural Landscape zone

Consideration

 To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

The proposed development is a small scale tourist facility that is generally compatible with the rural character of the locality. Cabins are clustered around the existing dwelling house within a distance of about 150m and the site will be subject a biodiversity conservation management plan including the planting of 7200 trees in accordance with the Byron Rural Settlement Strategy 1998.

 

Cabins one to six will not be clearly visible from surrounding public places or roads and view from surrounding properties will be partially screened by existing vegetation. A condition is recommended for landscaping and recessive earth-toned colours to minimise the impact on the scenic qualities of the locality.

To maintain the rural landscape character of the land.

To provide for a range of compatible land uses, including extensive agriculture.

To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.

To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

 

Clause 4.2A   Erection of dwelling houses and dual occupancies on land in certain rural zones

 

Deposited Plan 621548 is included in schedule 7 of Byron LEP 1988 and the property is recognised as having a dwelling entitlement.

 

Clause 4.3   Height of buildings

 

A maximum building height of 9m applies to the subject site. The cabins and pool house have a maximum height of 6m and comply with this development standard.

 

Clause 6.2   Earthworks

 

The proposed cabins have suspended flooring to minimise the amount of earthworks required to site the buildings. The majority of the cut and fill associated with these structures will not exceed 1m in depth. Deeper excavation to a depth of approximately 1.5m is required to create the swimming pool which is benched into the slope to create an infinity edge design.

 

To mitigate the potential for sediments and particulate matter entering Wilsons Creek during construction, a condition is recommended requiring a detailed erosion and sediment control plan to be submitted for approval with the construction certificate application. Sediment and erosion controls are to be implemented and maintained at all times until the site has ben stabilised and revegetated.

 

Clause 6.5   Drinking water catchments

 

The site adjoins Wilsons Creek which feeds into a drinking water catchment. The development will have a minimum separation of 300m from the Creek and the discharge from the swimming pool  and cabins will eventually be treated through the on-site waste water treatment system. Council’s Environmental Health Officer considers this to be a safe distance to avoid pollutants entering the drinking water storage.

 

Clause 6.8   Rural and nature-based tourism development

 

Clause 6.8 seeks to ensure that tourism development in rural areas is small scale and does not adversely impact on the agricultural production, scenic or environmental values of the land. The following provisions are applicable:

 

(3)      Development consent must not be granted to tourism development on land to which this clause applies unless the consent authority is satisfied that:

 

(a)      there is, or will be, adequate vehicular access to and from a road, other than a classified road, taking into account the scale of the development proposed, and

(b)     the development is small scale and low impact, and

(c)      the development is complementary to the rural or environmental attributes of the land and its surrounds, and

(d)     the development will not have a significant adverse impact on agricultural production, amenity or significant features of the natural environment.

 

(4)      Development consent must not be granted to development for the purpose of tourism development on land to which this clause applies unless:

 

(a)      a lawfully erected dwelling house or dual occupancy (attached) is situated on the land, or

(b)     a dwelling house may be erected on the land under this Plan.

 

(5)      Development consent must not be granted to development under subclause (4) if the development:

 

(a)      includes an ancillary caretaker’s or manager’s residence, or

(b)     is for the purpose of more than 1 bed and breakfast accommodation.

 

In relation to rural tourism, small scale means a scale that is small enough to be generally managed and operated by the principal owner living on the property. The proposal is considered to accord with this definition because the cabins are generally near to the existing dwelling house and are capable of being managed by the resident/s of the dwelling.

 

The proposed development otherwise meets the requirements of this clause, although Montecollum Road will require upgrading to enable suitable vehicular access to the site. Conditions for the use of earth toned colours and the use of landscaping are also recommended to reduce the visual impact of the development on the scenic qualities of the area.

 


 

4.2B  Byron Local Environmental Plan 1988 (LEP 1988)

 

The proposed development and associated works are located wholly in the RU2 zone under LEP 2014. LEP 1988 is not an applicable matter for consideration in this assessment.

 

4.3       Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

 

There are no proposed instruments that are of relevance to the subject application.

 

4.4A  Byron Shire Development Control Plan 2014 (DCP 2014)

 

DCP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP& A Act because it applies to the land to which LEP 2014 applies. The DCP 2014 Parts/Chapters that are checked below are of relevance to the proposed development:

 

Part A

Preliminary

Part B Chapters:

B2| B3| B4| B6| B8| B9| B13| B14

Part C Chapters:

C3| C4

Part D Chapters

D2| D3

 

These checked Parts/Chapters have been taken into consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act. The following comments are provided on relevant DCP provisions :

 

D3.3.4 Location and Siting

 

The proposed development does not strictly accord with Prescriptive Measure 2(h), which requires  tourist developments to be configured in a ‘cluster’ pattern and located, on average, no further than 80 metres apart on a north facing slope. The cabins for this particular development are clustered around the dwelling, but over a distance of approximately 150m on a south facing slope. The site layout for this development is mostly the result of site constraints, including steep topography and zoning restrictions, as well as a desire to achieve optimal amenity for guests by taking advantage of views and breezes.  

 

Despite the non-conformance with the numeric control, the proposal is considered to meet the underlying objectives and performance criteria of this part for the following reasons:

 

·    The cabins are located within short walking distance to the existing dwelling and are capable of being managed by the resident/s of the property. A separate caretaker is not necessary.

 

·    No significant impact on the ecological or environmental values of the land is likely to occur. A Biodiversity Conservation Management Plan is recommended as a condition of consent, which, if enacted, will likely result in improved environmental outcomes for the site.

 

·    The proposed cabins are of a domestic scale and comply with the design and setback requirements specified in Chapter D2 Residential Accommodation and Ancillary Development in Rural Zones (D2.2.2) and the character and visual impact requirements (D2.2.3).

 

·    Land use conflicts with adjoining properties, primarily by way of noise, traffic and light pollution, are able to be reasonably managed through the imposition of conditions of consent.

 

Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access

 

A Traffic Impact Statement was submitted with the application. Montecollum Road currently services two allotments east of the subject site, which generate 18 vehicles movements per day (vpd) and 1.7 peak hour trips (pht). The new development will result in an increase to 36 vpd and 4.1 pht along this section of the road; Council’s Development Engineer has assessed the increase in vehicle movements as low impact.

 

Despite the increase, there are two existing dwellings at 70 and 80 Montecollum Road, about 500m west of the new site entrance, that will be affected more than other properties in the area owning to the proximity of these houses to the road frontage. In particular one of the buildings which appears to be used as a cabin sits adjacent to the road reserve. To improve vehicular access and mitigate amenity impacts on neighbouring properties, Montecollum Road will require upgrading including widening, and sealed surfaces at all access points, longitudinal grades 10º or greater and  10m before and after the dwelling house at 80 Montecollum Road.

 

Chapter B6 Buffers and Minimising Land Use Conflict

 

The proposed facility is considered to have a reasonable separation from surrounding properties, however, there is some potential for land use conflict with respect to noise from patrons at the swimming pool amenities, especially during the nigh time period. It is concluded that conditions should be imposed to ensure activities are restricted to certain hours and that the site is not used for events and functions.

 

Chapter B8 Waste Minimisation and Management

 

Waste generated by the development is able to be collected by Council pickup from Montecollum Road. A Site Waste Minimisation and Management Plan is to be submitted for approval to the Principal Certifying Authority that includes details for waste management and cleaning in accordance with Part B8.4.3. 

 

Chapter B13 Access and Mobility

 

Tourist cabins are classified as class (1b) buildings under the BCA and therefore must comply with the relevant provisions including at least one cabin with ambulant facilities, compliant paths of travel and disabled parking.

 

Cabin 7 has been designed with disabled facilities. However, due to its location at the bottom of the site, it will be difficult for guests with limited movement to access the swimming pool area. To improve accessibility, a condition is recommended for at least one of the cabins at the top of the site to have disabled access.

 

Chapter C3 Visually Prominent Sites, Visually Prominent Development and View Sharing

 

A Visual Impact Assessment (VIA) was provided including photos of the site and sections of the cabins and pool in relation to the ridgeline. The VIA concludes that the visual impact will not be significant because the development cannot be clearly viewed from public locations and will not visually disrupt the skyline. Earth toned colours and landscaping are proposed as a means of softening the appearance of the development when viewed from surrounding sites.

 

As can be seen in figure 5 below, views from the south will be partially screened by a stand of tall trees which will obscure cabins one, two and three. Other elements will be visible from surrounding properties, however, the overall impact is not considered to be significant given the distances involved and the domestic scale of the architecture.

 

 

Figure 5: A stand of trees located below proposed cabins one, two and three.

 

Chapter D3 Tourist Accommodation

 

D3.2.3 Character and Design in Rural Zones

 

Overall, the proposed development is considered to be compatible with the surrounding landscape and development in the locality given the site is largely obscured from the public domain and there will be no clear views of the cabins from any nearby roads, lookouts or public places. A further reduction in the visual impact can be achieved through the use of recessive earth toned colours and landscaping.

 

D3.3.4 Rural Tourist Accommodation and Farm Stay Accommodation

 

The proposed development has demonstrated compliance with the objectives and prescriptive measures of Part D3.3.4, except in relation to the numeric control in prescriptive measures D3.2.1 (9)(iii) and (iv), which requires development to be clustered no further than 80m apart on a north facing slope. A departure from these elements is addressed elsewhere in this report. Compliance with the remaining prescriptive measures is demonstrated in Table 1 below.

 

Table 1: DCP 2014, Part D3.2.1 – Assessment against the Prescriptive Measures.

D3.2.1 Location and Siting

Compliance

Comment

1.    Must accommodate no more than 12 bedrooms collectively and a maximum of 2 persons per room in accordance with table D3.1:

Land size

Max No. Bedrooms

0–3 ha

3

1 additional bedroom for every 1.5 has to a maximum of 12 bedroom

20 ha or greater

12

       The site has an area of approximately 29 hectares and is allowed up to a maximum of 12 bedrooms.

Yes

Site has an area of about 28 hectares and is able to accommodate a maximum of 12 bedrooms in accordance with Part D3.2.1. The tourism facility includes 8 bedrooms within 8 separate cabins and complies with the provisions of this clause.

2.    Rural tourist accommodation is to be designed with the following features:

a)    Each cabin must not exceed 60m2 with maximum of 2 bedrooms. Cabins must open up onto recreation areas with access to winter sun and summer shade and, where possible, take advantage of views of the rural landscape.

Yes

Each cabin has a GFA of 60m2 in accordance with this clause (excluding decks).

b)    All weather car parking must be provided. Gravel or porous surface treatments are encouraged except on steep slopes.

Yes* Condition

A suitable gravel surface is able to be installed in accordance with appropriate conditions of consent.

c)    Must provide external pedestrian access between buildings and facilities associated with the development.

Yes

Pathways between the cabins, car parking areas and site facilities have been illustrated on a landscaping plan.

d)    Must minimise noise and vibration on adjoining dwellings.

Yes*

Condition

Vibration and dust emanating from traffic are to be mitigated through a condition requiring Montecollum Road to be upgraded and sealed in certain places.

e)    Must be accompanied by a landscaping plan. The plan is to incorporate screen plantings for privacy between cabins.

Yes

A suitable landscaping plan has been provided demonstrating privacy between cabins. For details can be provided with the construction certificate.

f)     Must benefit from existing roads and infrastructure.

Yes

Access to the site can be achieved from existing roads.

g)    One of the bedrooms must have disabled access.

Yes

Cabin 7 has been designed with disabled facilities and access.

h)    The siting of rural tourist accommodation must be such that:

i)     Adequate separation distances to neighbouring properties must be maintained to minimise land use conflict.

Yes

The cabins and pool are approximately 200m from the nearest dwelling. The main impact will come from passing traffic which has been assessed as being acceptable subject to upgrading of Montecollum Road.

ii)     All rural tourist accommodation must be located on land with a north, north-west, north-east, or easterly aspect to maximise solar energy collection.

No

The proposed development will be located on a south facing slope, although there will be adequate opportunities for solar energy collection. See assessment against performance criteria above.

iii)    Rural tourist accommodation must be sited in a cluster pattern located on average no further than 80m apart with adequate vegetation screening for privacy and amenity purposes.

No

The cabins are spread across the site is two areas, over a distance of approximately 150m. See assessment against performance criteria above.

iv)   Must be located so that it does not adversely affect the conduct and productivity of agricultural operations on the site.

Yes

The sites agricultural capacity is unlikely to be significantly reduced by the proposed development.

v)    Night time lighting for outdoor recreational facilities is prohibited.

Yes*

Condition

A condition is recommended which limits the use of lighting after 7pm.

 

4.4B  Byron Shire Development Control Plan 2010 (DCP 2010)

 

The proposed development is located wholly within the RU2 zone. DCP 2010 is not a relevant matter for consideration in this assessment.

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

There are no planning agreements or draft planning agreements.

 

4.6       Environmental Planning & Assessment Regulation 2000 Considerations

 

Clause 92   Additional matters that consent authority must consider

 

The property contains a dwelling that will need to be decommissioned prior to the occupation of the new cabins. A condition is recommended requiring any the works to be carried out in accordance with AS2601–The demolition of structures.

 

4.7       Any Coastal Zone Management Plan

 

Not applicable.

 

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

 

Impact on:

Likely significant impact/s?

Natural environment

Flora and Fauna

The site is to be rehabilitated in accordance with a Biodiversity Conservation Management Plan along with 7200 additional trees to be planted. No adverse impacts on flora and fauna are anticipated as a result of the proposal subject to the required environmental enhancement works.

 

Built environment

Visual impact

The proposed cabins will sit slightly below the ridgeline. Some of the roofed elements will extend above the ridgeline, but will sit below a backdrop of vegetation that runs along the northern boundary. The use of recessive, earth tone colours and landscaping is recommended to minimise the visual impact of the proposal.

 

Hazards

The site is constrained by bushfire prone land and overhead powerlines. These constraints have been adequately addressed through the realignment of powerlines and a range of bushfire conditions.

 

Amenity

Impacts from traffic, dust and noise will be manageable subject to conditions of consent requiring Montecollum Road to be upgraded and the use of the pool area limited from 7am to 7pm. 

 

Use and operation of the facility

Conditions are recommended to prevent the facility from being operated as a function centre or wedding venue.

 

Social Environment

No. The proposal will not have a significant social impact on the locality.

Economic impact

No. The proposal will not have a significant economic impact on the locality.

 

4.9       The suitability of the site for the development

 

The site is considered to be suitable for the development subject to conditions being imposed in relation to bushfire safety, road upgrades and realignment of powerlines.

 

4.10     Submissions made in accordance with this Act or the regulations

 

The development application was publicly exhibited for a period of 14 days in accordance with DCP 2014. There were 19 submissions from 16 persons made objecting to the development application.

 

Issue

Comment

Lack of notification

·      Did not receive neighbour notification.

·      Neighbours not consulted or notified.

·      More time should have been given to notify the surrounding community.

A review of records indicates that all 12 neighbouring properties were sent notification letters in accordance with DCP 2014.

Amenity

·      Amenity will be adversely affected by traffic and noise.

·      Road noise and dust will impacts on existing residents will be severe.

·      Dust will significantly impact on neighbouring properties during dry spells. May affect people’s health.

·      Extreme dust problems will impact on neighbouring homes

·      Lighting from the pool area will disturb the surrounding area at night time.

Montecollum Road will require upgrading with bitumen seal in certain sections. A condition is recommended for most of the lighting to be minimised and turned off after 10pm except where required for reasonable security.

Visual impact

·      The proposed development is clearly visible from many households and the Crystal Castle. If the proposal is to proceed, only dark recessive colours should be used.

·      Lighting could be used as part of the entertainment facilities around the pool and barbeque area.

·      The cabins are to be built on top of the ridge and will impact on the natural beauty of the area.

·      The new access to be created for the development past the original single entrance would require considerable earthworks and vegetation clearance on the ridgeline.

·      The proposed development will be visible from surrounding properties and will scar the ridgeline and the landscape.

·      A full visual impact assessment should be submitted.

A condition is recommended for the use of recessive, earth toned colours and landscaping to reduce the visual impact of the proposed development.

Sound impact

·      As we live in a valley, the sound is an amphitheatre effect. Music, or any sound emanating from the tourist facility will be greatly enhanced.

·      Noise generated by the facility will echo around the valley.

·      Facility will generate excessive noise pollution.

Council’s Environmental Health Office has recommended noise levels must not exceed the background noise level plus 5dB (A) between the hours of 7:00am and 10:00 pm at the nearest affected residence. Given the small scale of the development and the separation from nearby residences, compliance with this condition is considered to be achievable.

Wastewater

·      Waste water treatment system appears inadequate for the use.

·      Waste water system appears to be designed for minimal occupancy and will likely be unable to cope effectively.

Council’s Environmental Health Officer has assessed the adequacy of the proposed wastewater system. The system is considered suitable for the intended use.

Environmental impacts

·      The DA has not addressed surrounding populations of endangered flora and fauna.

·      Increase human population in the area will increase danger to valuable flora and fauna.

·      Clearing has been undertaken on the property. Further clearing is likely if the DA is approved.

·      Concerned about local wildlife such as eastern cod, platypus, goanna, koalas etc.

·      Additional traffic will affect local wildlife.

Council’s Ecologist commented that the proposal will not have a significant environmental impact subject to appropriate conditions of consent. A biodiversity conservation management plan is recommended along with the planting of 7200 trees.

Stormwater management

·      No details are given in the DA for stormwater management.

A condition is recommended that requires a properly engineered stormwater system to be designed that fully infiltrates the 20 year ARI runoff from all impervious areas for all storm durations without surcharge onto neighbouring properties.   

Garbage

·      No details of garbage collection or waste management have been provided.

Council garbage collection is available off Montecollum Road.

Privacy

·      My privacy will be severely compromised as the cabins face my home and outdoor living areas.

·      Cabins will detract from peacefulness and privacy.

·      Tourist and friends will wander all over private properties, with loss of privacy and causing friction.

The facility is unlikely to result in a severe loss of privacy due to the separation distances between the cabins and surrounding dwellings. The nearest residence is approximately 200m from the cabins. Lines of sight from the facility will be directed to the south; the nearest dwelling in this direction has a separation of approximately 400m.  

Planning controls

·      The proposal contravenes clause 6.8 of LEP 2014.

The proposal is considered to be in accordance with the provisions of clause 6.8. The tourism use is of a small enough scale that it can be managed and operated by the principal owner living on the property. In addition, there will not be a significant adverse impact on the amenity or significant features of the landscape.

Traffic and access

·      There will be serious and unsafe traffic volumes created on Montecollum Road which is a narrow and dusty road.

·      20,000 additional vehicle movements will occur on this unsealed road.

·      Excessive traffic impacts for a poorly maintained rural road.

·      The road has a history of deterioration from rainwater and traffic and required repairs by Council in mid 2018.

·      The new access up the steep bank, along with increased traffic, will seriously affect nos. 70 and 80 Montecollum Road.

·      Traffic will further degrade and erode Montecollum Road.

·      Increased danger to school children who walk to bus stop on Cedar Road.

·      A traffic impact statement has not been provided.

·      Gravel roads break down already from overuse. Impact of additional traffic will further deteriorate roads.

·      Intersection near Montecollum Road and Cedar Lane is already dangerous.

·      The design of the access and additional tourist traffic will slow down ambulance access to the area.

Council’s Development Engineer has assessed the increase in vehicle movements as being low impact. Road upgrades, including widening and sealing in certain section will be required.

Bushfire

·      Development will increase risk of bushfire.

·      Bushfire report unacceptable as it relies on the use of a secondary dwelling and two other cabins which are not in the proposal.

A Bush Fire Safety Authority has been issued by the RFS. A second dwelling has not been included as a bush fire shelter.

Compliance issues

·      Council’s ability to regulate this development, which has all the elements of a function centre, is almost zero.

·      The site has been subject of illegal clearing.

 

It is acknowledged that rural function centres and wedding venues are an ongoing issue in the Shire. Notwithstanding, this particular development is comprised of individual cabins, rather than a purpose built function centre. Other than the swimming pool and BBQ area, there are no central facilities or areas suitable for large gatherings. 

Status of two bedroom building

·      It is unclear what the proposed use of the two bedroom building is, and whether it is intended to form part of the rural tourist accommodation.

The property has a potentially unauthorised dwelling that is shown on the plans, but is not included in this development application. A condition to clarify this is recommended.

Scale of the development

·     The development is not small scale.

·     The proposed eight cabins and two bedroom existing building can accommodate up to 36 people.

·     The proposal has the characteristics of a function centre.

·     Site not capable of accommodating the proposed development.

·     Eight cabins grossly excessive considering the location of the development site.

·     Floor plans of cabins also include sofa beds, indicating additional guest capacity.

·     This is more like a tourist park than a small scale low key farm stay.

DCP 2014 allows up to 12 bedrooms and 24 guests for sites greater than 20 hectares. Each cabin has one bedroom for a total of eight bedrooms and 16 guests.

 

Errors and omissions in the application

·      The statement of environmental effect includes various errors in relation to the floor area of the cabins, the distance from neighbouring dwellings, visual impact and condition of the road.

·      The term farm stay is used several times, however, the property is not used as a farm.

·      No mention is made of garbage disposal. The facility will require provision of additional garbage bins, which will create an unpleasant visual impact and may attract animals and create a serious health hazard.

·      There is no traffic impact statement with the DA.

There were a number of anomalies in the original application that have since been clarified. A traffic impact statement has been provided. The proposal is not considered farm stay accommodation.

Future environmental zoning

·      The site is proposed to be zoned E2 Environmental Conservation and being located so close to the ridgeline it would be considered scenic escarpment.

Stage 1 of Council’s Environmental Zone Implementation Program does not include the subject site. It is not clear if the site will eventually be transitioned into an environmental zone at the current time.

Drinking water catchment

·      The location is above and fronting the Wilsons Creek, a drinking water catchment. Earthworks will cause runoff of materials into the creek, into which the whole site drains.

Conditions are recommended for a sediment and erosion control plan to be prepared and implemented as part of the development. Given the separation distances from the Creek (>250m), the likelihood of sediments and particulate matter being transported into the drinking water catchment is low so long as appropriate controls are in place during construction. 

 

4.11     Public interest

 

The proposed development is unlikely to prejudice or compromise the public interest or create an undesirable precedent.

 

5.         DEVELOPMENT CONTRIBUTIONS

 

Section 7.12 levies are applicable. Conditions to apply.

 

6.         REASONS FOR DECISION, HOW COMMUNITY VIEWS WERE ADDRESSED

 

Note: From July 1 2018, Council’s are required to give and publicly notify reasons for a range of planning decisions where they are deciding if development should proceed to help community members to see how their views have been taken into account and improve accountability to stakeholders. A statement of reasons for the determination of this application is provided below.

 

Statement of Reasons

The proposed modifications were minor and substantially the same as the original development approval with no detrimental environmental impacts.

The proposed development complies with the provisions of Byron Local Environmental Plan 2014.

The proposed development complies with relevant State Environmental Planning Policies

The proposed development complies with relevant provisions of Development Control Plan 2014

The proposed development complies with Environmental Planning & Assessment Regulation 2000 considerations.

The proposed development will not have significant adverse impact on the natural, built or social environment or economic impacts on the locality.

The proposed development is considered suitable for the proposed site.

The development application was notified/advertised in accordance with Development Control Plan 2014. Issues raised in the submissions have been addressed during assessment of the application.

The proposed development is unlikely to prejudice or compromise the public interest.

 

How community views were addressed

The DA was advertised in accordance with Development Control Plan 2014. The submissions received were considered on merit and addressed during assessment of the application. To view the considerations, please contact Council to view a copy of the assessment report relating to this DA.

 

7.         CONCLUSION

 

The proposal is considered to be consistent with the relevant environmental planning instruments and planning controls applicable to the site and is recommended of approval subject to conditions of consent.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          6.1 - Attachment 1

 

SCHEDULE 1     CONDITIONS OF CONSENT

 

 

Parameters of 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:

A01 Issue B

Site Plan

Frank Stewart

Oct 2018

A02 Issue C

Part Site Plan

Frank Stewart

Jan 2018

A03 Issue A

Part Site Services/Sedimentation  Plan

Frank Stewart

Sep 2018

A04 Issue A

Part Site Landscaping plan

Frank Stewart

Sep 2018

A05

Section A-A

Frank Stewart

Sep 2018

A06

Section B-B

Frank Stewart

Sep 2018

A07 Issue B

Cabins 1-6, Floor Plan, Section , Elevations

Frank Stewart

Oct 2018

A08 Issue B

Cabins 7-8, Floor Plan, Section , Elevations

Frank Stewart

Oct 2018

A09 Issue A

Pool House Floor Plan, Section, Elevation

Frank Stewart

Sep 2018

NJ01 Issue A

Relocation of Overhead Powerline

Frank Stewart

April 2018

 

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.         

Integrated Approvals from other Authorities.

This development consent includes an Integrated development approval under Sections 4.46 and 4.47 of the Environmental Planning and Assessment Act 1979, being a Bush Fire Safety Authority Issued under section 100B of the Rural Fires Act 1997 subject to the conditions listed under the “General Terms of Integrated Development Approval” in this consent.

 

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

3.         

Section 7.12 Levy to be paid

Prior to the issue of a construction certificate the section 7.12 levy required by the Byron Developer Contributions Plan 2012 must be paid to Council. 

 

The levy will be calculated as follows:

 

Levy payable = %C x $C

 

§  %C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 7.17. 

§  $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 must 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 7.12 contributions plan must be submitted to Council with the payment.  The cost summary report must be prepared by a quantity surveyor.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from Council’s website.

 

4.         

Amendment to the plans

The Principal Certifying Authority shall be satisfied that the plans have been amended as follows:

 

·        At least one cabin at the northern part of the site (i.e. Cabins 1 to 6) shall be designed to provide disabled access, facilities and car parking to guests.

 

5.         

Building materials and colours to be specified

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building materials and colours consistent with the provisions of Development Control Plan 2014 – Chapter D1.2.4 (Residential) or D2.2.3 (Rural) - Character and Visual Impact.  Please note that colours must be non-reflective earth tone colours and that the use of white and near white colours is not permissible

 

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

 

6.         

Landscaping plan required

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site.  Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Chapter B9 of Development Control Plan 2014. Species identified in Chapter B9 of Development Control Plan 2014 are to be planted wherever possible.  The landscaping plan must indicate:

 

a)       proposed location for planted shrubs and trees

b)       botanical name of shrubs and trees to be planted

c)       mature height of trees to be planted

d)       location of grassed and paved areas,

e)       location of trees identified for retention in the development application plans.

f)        Location of garden lighting with such lighting to be limited to bollard style with a low wattage to limit light spill onto neighbouring properties.

g)       Maintenance of  the stand of Eucalypts to the south of Cabins 1-3 as a visual screen.

h)       The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.

 

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

 

Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.

 

7.         

Cabins to be relocated so that APZ does not encroach on any part of BV or HEV mapping on the site

The extent of any bushfire asset protection zones must be entirely outside high conservation value vegetation mapped on the Biodiversity Values Map under the Biodiversity Conservation Act 2016 or as High Environmental Value by Council.

 

8.         

Biodiversity Conservation Management Plan

A Biodiversity Conservation Management Plan must be prepared in accordance with the attached Guidelines for preparing a Vegetation Management Plan (VMP) or Biodiversity Conservation Management Plan (BCMP) and the plan submitted to and approved by Council. Such plan must detail protection and compensation measures proposed to protect native flora and fauna and their habitats and must retain and improve habitat on that part of the site covered by the Management Plan.

The plan must:

 

a.       Provide and implement strategies to avoid impacts to Koalas and their habitat on the site.

b.       Provide ecological restoration within High Conservation Value rainforest vegetation, particularly targeted at Camphor Laurel control, over an area twice the size as would be achieved by planting 900 trees per cabin (total of 7200 trees) at the usual spacing.

c.       illustrate on maps of a suitable scale the accurate extent of the Biodiversity Values mapping, vegetation communities classified to Plant Community Type, overall development footprint, approved asset protection zones and driveways on the subject site.

d.       detail the methodology for habitat restoration and specify the use of qualified and experienced bush regenerators only.

e.       specify that planting and/or restoration works will commence immediately upon approval of the Management Plan.

f.       include lists of locally occurring native tree, shrub and ground cover plant species suitable for planting as part of the ecological restoration program and site landscaping.

 

Include a list of environmental weeds, comprising introduced plant species known to have the capacity to invade native vegetation communities to prevent their introduction to the site.

 

9.         

Building materials and colours to be specified

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building materials and colours consistent with the provisions of Development Control Plan 2014 – Chapter D2.2.3 - Character and Visual Impact.  Colours must be non-reflective earth tone colours and that the use of white and near white colours is not permissible.

 

To blend in with the surrounding landscape, roof colours shall be recessive earthly tones, in a natural shade of green. 

 

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

 

10.         

Geotechnical Report required – Building Works

A certificate from a professional Engineer experienced in Geotechnical Science is to be provided to the Principal Certifying Authority, certifying that the site is stable and will not be affected by landslide or subsidence at, above or below the site when the building and swimming pool are erected. The certificate must be prepared in accordance with AS 1726.

 

11.         

Geotechnical Report required – Engineering Works

A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:

 

a)      the design of the civil engineering works, including roads, stormwater infiltration system and others, retaining walls and/or cut & fill batters, has been assessed as structurally adequate,

b)      the civil engineering works will not be affected by landslip or subsidence either above or below the works; and

c)      adequate drainage has been provided.

 

12.         

Sediment and Erosion Control Management Plan required

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins.

 

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

 

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

 

13.         

Stormwater Drainage – Connection to Existing Drainage System

The application for a Construction Certificate is to include plans and specifications for stormwater drainage in accordance with AS/NZS 3500.3:2003, Plumbing and drainage, Part 3: Stormwater drainage. All stormwater drainage for the development must be conveyed by a gravity system to the existing stormwater drainage system within the site. Such plans and specifications must be approved as part of the Construction Certificate.

 

14.         

Stormwater Drainage – Infiltration Trench & Additional Plans addressing Stormwater Quality

The application for a Construction Certificate is to include plans and specifications for stormwater drainage in accordance with the relevant Australian Standard. All stormwater drainage for the development must be conveyed by a gravity system to an infiltration trench or trenches complying with the requirements of Council’s Comprehensive Guidelines for Stormwater Management.

 

The infiltration trench or trenches must be designed by a qualified practising Civil Engineer to fully infiltrate the 20 year ARI runoff from all impervious areas of the proposed development for all storm durations without surcharge onto neighbouring properties. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

The stormwater management plan shall also provide separate/additional details and detailed plans to demonstrate compliance to Table B3.1 of Council’s DCP.

 

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

 

15.         

Consent required for works within the road reserve

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

 

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:

 

Road Upgrade

 

Montecollum Road must be upgraded from the end of the existing sealed section and up to 10m past the proposed driveway servicing Cabin 1 to Cabin 6. The following shall be included:-

 

1.       Generally in accordance with Council’s standard drawing R13 for a rural crowned road with a formation of 4m carriageway with 1m gravel shoulders.

 

2.       Provision shall be made to provide passing bay at 200m spacing. The passing bay shall be 20m long x 6m wide carriageway.

 

3.       Provision of sealed surface at all access points, longitudinal grades 10º or greater, 10m before and after the dwelling house in Lot 3 DP621548.

 

Driveway (rural & residential areas without kerb & gutter)

 

A driveways (2x) servicing the Cabins shall be upgraded in accordance with Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawing R14”.

 

16.         

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 internal access and manoeuvring servicing Cabins 1 to 6 and Cabins 7 & 8 are to comply with condition 7 of the NSW RFS General Terms of Approval with Reference No D18/7488 – DA18100215336 WS dated 9 January 2019. Plans are to include, but not be limited to, the following items:

 

a)       pavement design, comprising an all weather surface, such as asphalt, bitumen seal, concrete, pavers or other similar treatment;

b)       site conditions affecting the access;

c)       existing and design levels;

d)       longitudinal section for the full length of the internal access

e)       cross sections every 15 metres; and

f)        drainage details.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

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

 

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

 

17.         

Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

 

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

 

18.         

Compliance with BASIX Certificate requirements

The development is to comply with Basix Certificate No. 968587M, dated Tuesday, 30 October 2018.

 

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

 

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.

 

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

 

19.         

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. When 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.

 

20.         

Onsite Effluent Waste Water systems (Rural Swimming Pools)

The owner is responsible to ensure works do not conflict with the Onsite Waste Water System (Sewage Management Facility).

 

Details to be submitted with the Construction Certificate to demonstrate there is no conflict with both the disposal areas, plumbing and treatment/ storage/ septic tanks.

 

Where required, a S68 Application is to be submitted to Council to relocate any system prior to the issue of the Construction Certificate.

 

21.         

Details of pool fence required

The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1.

 

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

 

22.         

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

 

23.         

Potable Water Supply Management Plan

Prior to the issue of a Construction Certificate provided to the Principle Certifying Authority a Potable Water Supply Management Plan (PWSMP).  For further information refer to the following website http://www.health.nsw.gov.au/environment/water/Publications/private-water-supply-guidelines.pdf The PWSMP must be prepared by a suitable qualified professional.

 

24.         

Tree Removal

No trees or vegetation to be cleared or removed until a Construction Certificate has been issued.

 

The following conditions are to be complied with prior to any building or construction works commencing

25.         

Powerlines to be relocated

Prior to the commencement of any building works, the power lines traversing the ridgeline on the northern part of the site must be relocated in accordance with the Powerline Relocation Plan NJ01, dated April 2019, and any requirements of Essential Energy. The powerlines must be relocated to provide a minimum separation distance of at least 10m from the centre line to the closest roof eave of any liveable structure (i.e. tourist cabins).

 

If Essential Energy require an easement to be burdened on the title of the property, this easement must be registered prior to the commencement of any works and evidence of such provided to the Principal Certifying Authority.

 

Note. The cabins cannot be relocated further south due to the zoning of the land. The powerlines will need to be accurately realigned to ensure a 10m separation to any approved liveable structures.

 

26.         

Erosion and Sediment Control Management Plan required

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

 

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

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).

 

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

 

The following conditions are to be complied with during any building or construction works

27.         

Protection of koalas/ native fauna from disturbance

 

a)       Clearing of native vegetation and/or earthworks as part of any development approval from Council must be temporarily suspended within a range of 25m from any tree which is concurrently occupied by a koala and must not resume until the koala has moved from the tree of its own volition.

 

b)       Any clearing of land must not commence until the area proposed for clearing has been inspected for the presence of koalas and approval given in writing by a suitably qualified individual.

 

c)       Approval to proceed with the clearing of vegetation in accordance with this section is only valid for the day on which the inspection has been undertaken.

 

The individual referred to in (ii) above, or a nominated representative, must remain on site during any approved clearing of vegetation.

 

28.         

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

 

29.         

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. 

 

30.         

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. 

 

31.         

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

 

a.       stating that unauthorised entry to the work site is prohibited, and

b.       showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

 

Any such sign is to be removed when the work has been completed.

 

32.         

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.

 

33.         

Fill to be retained on the subject land

Fill material must not encroach onto any adjoining land.

 

34.         

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.

 

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

 

35.         

Removal of asbestos

All asbestos wastes associated with removal of the existing building to be disposed of in accordance with the requirements of the Workcover Authority.  The applicant/owner is to produce documentary evidence that this condition has been met. 

 

Please note the Byron Resource Recovery Centre can not accept asbestos. You will need to arrange disposal at an alternate landfill site.

 

36.         

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.

 

37.         

Stormwater drainage work

Stormwater drainage for the development must be constructed in accordance with the approved plans and specification by a suitably qualified person.

 

38.         

Demolition

Any required demolition works must be undertaken in accordance with the relevant requirements of Australian Standard AS 2601–1991: The Demolition of Structures published by Standards Australia, and the WorkCover Authority of NSW.

 

39.         

Removal of demolition and other wastes

All wastes, including asbestos and lead-contaminated wastes, associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licenced Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with the NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf  

 

40.         

Muted bushland tones external finishes

To ensure the development is compatible with the surrounding environment, colours and finishes are to be muted bushland tones. In this regard white, light or bright colours are not permissible.

 

The following conditions are to be complied with prior to the issue of an occupation certificate

41.         

Dwelling to be decommissioned

Prior to the issue of an interim or final occupation certificate the second dwelling on the property, identified on site plan A01 Issue B, dated October 2018, as “existing building” is to be rendered non-habitable. All kitchens, laundries and the like must be removed from the building and the services disconnected and capped.

 

42.         

Relocation of powerlines

The Principal Certifying Authority shall be satisfied that the cabins have a minimum separation of 10m from powerlines, as measured from the centerline to the closest roof eave. An occupation certificate (interim or final) must not be issued unless the developer is able to demonstrate that the cabins have been constructed in accordance with this requirement.

 

43.         

Habitat Compensation works to be completed

Plantings and/or restoration works are to be completed in accordance with the approved Biodiversity Conservation Management Plan prior to issue of the occupation certificate for the development. The site must be assessed to determine satisfaction of performance criteria by Council. Alternatively, Independent sign-off may be undertaken by (Australian Association of Bush Regenerators) AABR-accredited Bush Regenerators, see http://www.aabr.org.au/do/business-directory/wpbdm-category/aabr-accredited-bush-regenerators/. In all cases a final monitoring report must accompany any application for satisfaction of this condition.

 

44.         

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.

 

45.         

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'.

 

46.         

Road upgrade to be completed

The road upgrade is to be constructed in accordance with the approved plans and Roads Act consent.

 

47.         

Internal accesses in accordance approved plans

Internal accesses are to be constructed in accordance with the approved plans.

 

48.         

Stormwater drainage work

Stormwater drainage for the development must be constructed in accordance with the approved plans and specification prior to issue of an occupation certificate.

 

49.         

Site to be landscaped

Prior to the issue of an occupation certificate, the site is to be landscaped in accordance with the approved landscaping plan and conditions of consent.

 

50.         

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.

 

51.         

Swimming pool fencing 

Swimming pool fencing is to comply with the requirements of the Swimming Pools Act 1992 and Regulations. 

 

52.         

Compliance with bushfire conditions

Documentary evidence from a suitably qualified professional is to be submitted demonstrating that the bush fire conditions of this Notice of Determination have been complied with.

 

53.         

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 including approvals issued under the Local Government Act 1993 and the Roads Act 1993, 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.

 

The following conditions are to be complied with at all times

54.         

Site not be used for functions or events

The tourist facility is not to be used for functions, weddings, concerts, events or the like, unless separately approved by Council.

 

55.         

Cabins not to be used as dwellings

The cabins are not approved for used as dwelling houses and are not to be used for permanent residential occupation.

 

56.         

Use of lighting after certain hours

In order to protect the dark night sky and rural atmosphere of the area , any outdoor lighting, other than that required for reasonable security, shall not be used between the hours of 10.00 p.m. and 7.00 a.m. on any day. Low garden lighting and sensor lighting for paths and car parking areas permitted.

 

57.         

Landscaping

The landscaping works must be maintained to ensure the establishment and successful growth of plants, meeting the intent of the landscape design. This must include but not be limited to watering, weeding, and the replacement of failed plant material. The stand of Eucalypts to the south of Cabins 1-3 are to be maintained at all times. 

 

58.         

Limited Tree Removal

Removal of existing native trees from the site is limited to three small native trees as defined within the letter entitled DA 483/2018 - Request for further information regarding vegetation clearing potentially triggering the Biodiversity Offset Scheme at Lot 4 DP 61548, 58 Montecollum Road, Wilsons Creek by Greg Alderson and Associates dated 11 January 2019. All other trees and native plants within the site are to be retained and protected.

 

59.         

No dogs or cats to be brought or kept with cabin users

Due to the biodiversity value of the adjacent rainforest as well as the presence of preferred Koala habitat on the site, the keeping of cats and dogs in association with cabin visitor use is prohibited.

 

60.         

Replanting and restoration works

Replanting and restoration works must be undertaken and continued until the performance criteria have been achieved in accordance with the approved Biodiversity Conservation Management Plan for a minimum period of five years, during which annual monitoring reports must be submitted to Council for approval.

 

61.         

Must not interfere with the amenity of the neighbourhood

The use of the amenities block must 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 Policy for Industry (2017) and the Noise Guide for Local Government. All sources of noise and vibration must be effectively managed so as not to be intrusive or ‘offensive’ within the nearest residential properties.

 

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)      Goods deliveries and waste collection must be restricted to daytime operating hours.

 

62.         

Noise limitations of the Pool Amenities Building

The noise level emitted from the pool amenities building must not exceed the background noise level plus 5dB (A) between the hours of 7:00am and 10:00 pm at the nearest affected residence*. The noise level emitted from the pool amenities building between 10.00 pm and 7:00 am must not exceed the background noise level at the nearest affected residence*.  No correction for tonality is applied.

 

In assessing noise levels at residences, the noise level is to be assessed at the most affected point on or within the residential property boundary or, if this is more than 30m from the residence, at the most affected point within 30m of the residence.,

 

63.         

Pool Safety Sign

The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign is to be a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation.

 

A pool resuscitation sign is to be installed in a conspicuous location within the pool area to the satisfaction of the Principle Certifying Authority.

 

64.         

Use of second dwelling

The second dwelling on the property, identified on site plan A01 Issue B, dated October 2018, as “existing building” must not be occupied or used as a dwelling house unless separately approved by Council.

 

65.         

Pool backwash in rural areas

Pool water disposal and backwash is to be directed to a soakage trench located in such a location as to not cause any nuisance to adjoining properties or damage to any structures or impact on any land application areas for the on-site sewage management system.

 

66.         

Swimming pool health requirements

The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council and NSW Health.  The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times

 

67.         

Swimming pool pump location

The filter pump is to be located such that noise from its operations does not cause a nuisance to adjoining residents. If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation.

 

68.         

Swimming Pool Fencing

Swimming pool fencing is to comply with the requirements of the Swimming Pool Act 1992 and Regulations at all times.

 

General Terms of Integrated Development Approval

69.         

Bush Fire Safety Authority – S100B Rural Fires Act 1997

 

The New South Wales Rural Fire Service (NSW RFS) has considered the information submitted. General Terms of Approval, under Division 4.8 of the ‘Environmental Planning and Assessment Act 1979’, and a Bush Fire Safety Authority, under Section 100B of the 'Rural Fires Act 1997', are now issued subject to the following conditions:

 

1.       The proposed development is to comply with the plan titled 'Part Site Plan, Inset 1', prepared by Frank Stewart Architect, reference June 2018, issue A dated September 2018, 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 of cabins 1-3 and in perpetuity the property around the building shall be managed as follows 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':

 

·        north for a distance of 38 metres as an asset protection zone;

·        east for a distance of 9 metres as an asset protection zone;

·        south for a distance of 25 metres as an asset protection zone; and

·        west for a distance of 9 metres as an asset protection zone.

·   

(Note: in forested areas a portion of the asset protection zone may be maintained as an outer protection zone as specified in Table A2.7 of 'Planning for Bush Fire Protection 2006'.)

 

3.       At the commencement of building works of cabins 4-6 and in perpetuity the property around the building shall be managed as follows 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':

 

·        north for a distance of 25 metres as an asset protection zone;

·        east for a distance of 9 metres as an asset protection zone;

·        south for a distance of 25 metres as an asset protection zone; and

·        west for a distance of 9 metres as an asset protection zone.

·   

(Note: In forested areas a portion of the asset protection zone may be maintained as an outer protection zone as specified in Table A2.7 of 'Planning for Bush Fire Protection 2006'.)

 

4.       At the commencement of building works of cabins 7 and 8 and in perpetuity the property around the building shall be managed as follows 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':

 

·        north for a distance of 22 metres as an asset protection zone;

·        east for a distance of 22 metres as an asset protection zone;

·        south for a distance of 39 metres as an asset protection zone; and

·        west for a distance of 34 metres as an asset protection zone.

·   

(Note: in forested areas a portion of the asset protection zone may be maintained as an outer protection zone as specified in Table A2.7 of 'Planning for Bush Fire Protection 2006'.)

 

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

 

5.       Electricity are to comply with section 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

 

6.       In recognition that no reticulated water supply is available to the development, a 10,000 litres firefighting water supply shall be provided for firefighting purposes for each cabin. The firefighting water supply shall be installed and maintained in the following manner:

 

a)      Firefighting water supply may be provided by a tank, a swimming pool or a dam that shall be located not less than 5 metres and not more than 60 metres from the approved structure. Amalgamation of the water supply is permitted if more than 1 cabin is within the specified 60 metres.

 

b)                A hardened ground surface for firefighting truck access is to be constructed up to and within 4 metres of the firefighting water supply.

 

c)                New above ground firefighting water supply storage’s are to be manufactured using non-combustible material (concrete, metal, etc). Where existing firefighting water supply storage’s are constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials, they shall be shielded from the impact of radiant heat and direct flame contact.

 

d)                Non-combustible materials (concrete, metal, etc) will only be used to elevate or raise firefighting water supply tank(s) above the natural ground level.

 

e)                A 65mm metal Storz outlet with a gate or ball valve shall be fitted to any firefighting water supply tank(s) and accessible for a firefighting truck.

 

f)                 The gate or ball valve, pipes and tank penetration are adequate for the full 50mm inner diameter water flow through the Storz fitting and are constructed of a metal material.

 

g)      All associated fittings to the firefighting water supply tank(s) shall be non-combustible.

 

h)      Any pipes not of metal material shall be buried 300mm below natural ground level.

 

i)        Any below ground firefighting water supply tank(s) constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials shall be shielded from the impact of radiant heat and direct flame contact.

 

j)                  Any firefighting water supply tank(s) located below ground shall be clearly delineated to prevent vehicles being driven over the tank.

 

k)                All water supplies for firefighting purposes shall be clearly signposted as a firefighting water supply.

 

l)                  Below ground firefighting water supply tank(s) shall have an access hole measuring a minimum 200mm x 200mm to allow firefighting trucks to access water direct from the tank.

 

m)               Pumps are to be shielded from the direct impacts of bush fire.

 

n)                A Static Water Supply (SWS) sign shall be obtained from the local NSW Rural Fire Service (RFS) and positioned for ease of identification by RFS personnel and other users of the SWS. In this regard:

 

i.                  Markers must be fixed in a suitable location so as to be highly visible; and

ii.                 Markers should be positioned adjacent to the most appropriate access for the water supply.

 

Note: The definition of below ground dedicated firefighting water supply tank(s) is when the outlet valve is located below natural ground level.

 

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

 

7.       Property access roads shall comply with the following requirements of section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

 

a)      Bridges clearly indicate load rating and pavements and bridges are capable of carrying a load of 15 tonnes.

 

b)      Roads do not traverse a wetland or other land potentially subject to periodic inundation (other than a flood or storm surge).

 

c)      A minimum carriageway width of 4 metres for single lane and 6 metres for 2 way.

 

d)      In forest, woodland and heath situations, rural property access roads shall have passing bays every 200 metres, or where there are crests or blind corners, that are 20 metres long by 2 metres wide, making a minimum trafficable width of 6 metres at the passing bay.

 

e)      A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches.

 

f)       Internal roads provide a loop road around any dwelling or incorporate a turning circle with a minimum 12 metre outer radius. Except that a reversing bay may be provided in lieu of a loop road around the dwelling or a turning circle. Where a reversing bay is provided it shall be not less than 6 metres wide and 8 metres deep with an inner minimum turning radius of 6 metres and outer minimum radius of 12 metres.

 

g)      Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress.

 

h)      The minimum distance between the inner and outer curves is 6 metres. The crossfall is not to exceed 10 degrees.

 

i)        Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.

 

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:

 

8.       An Emergency/Evacuation Plan is to be prepared in accordance with the NSW Rural Fire Service Guidelines for the Preparation of Emergency/Evacuation Plan and comply with Australian Standard AS 3745 -2010 'Emergency Control Organisation and Procedures for Buildings Structures and Workplaces for Residential Accommodation'. The emergency evacuation plan will include a procedure to contact the NSW Rural Fire Service District Office / NSW Fire Brigade and inform them of the evacuation and the location they will be evacuated to. A copy of the emergency evacuation plan shall be provided to the consent authority and the Local Emergency Management Committee prior to occupation of the development.

 

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:

 

9.       New construction of cabins 1-6 shall comply with section 3 and section 7 (BAL 29) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire prone areas’ or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection' 2006’.

 

10.     New construction of cabins 7 and 8 shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

11.     New construction of the pool house and deck is to be sited no closer than 10 metres to cabin 6.

 

Landscaping

12.     Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'. In this regard the following landscaping principles are to be incorporated into the development:

 

a)                Suitable impervious areas being provided immediately surrounding the building such as courtyards, paths and driveways;

 

b)                         Grassed areas/mowed lawns/ or ground cover plantings being provided in close                     proximity to the building;

 

c)                Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building;

 

d)                Maximum tree cover should be less than 30%, and maximum shrub cover less than 20%;

 

e)                Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);

 

f)                 When considering landscape species consideration needs to be given to estimated size of the plant at maturity;

 

g)                Avoid species with rough fibrous bark, or which retain/shed bark in long strips or retain dead material in their canopies;

 

h)                Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown;

 

i)                  Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter);

 

j)                  Avoid climbing species to walls and pergolas;

 

k)                Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building;

 

l)                  Locate combustible structures such as garden sheds, pergolas and materials such timber garden furniture way from the building; and

 

m)               Use of low flammability vegetation species.

 

 

SCHEDULE 2     PRESCRIBED CONDITIONS

 

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98   Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A          Erection of signs

Clause 98B          Notification of Home Building Act 1989 requirements

Clause 98E          Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

 

SCHEDULE 3              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

 

Schedule of Development Contributions

The following contributions 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 current contribution rates are available from Council offices during office hours. Payment will only be accepted by cash or bank cheque.

 

Section 7.12 Levy to be paid

Prior to the issue of a construction certificate the section 7.12 levy required by the Byron Developer Contributions Plan 2012 must be paid to Council. 

 

The levy will be calculated as follows:

 

Levy payable = %C x $C

 

§  %C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 7.17.  

§  $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 must 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 7.12 contributions plan must be submitted to Council with the payment.  The cost summary report must be prepared by a quantity surveyor.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from Council’s website.

 

Principal Certifying Authority:

Work must not commence until the applicant has:-

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

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

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

 

Occupation Certificate required:

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

 

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.

 

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 being issued pursuant to section 4.2(1) of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 9.50 of the Environmental Planning & Assessment Act 1979.

 

Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications. Any plumbing inspections required under a Section 68 Approval are to occur in accordance with that approval.

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                     6.1 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          6.1 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     6.2

 

 

Report No. 6.2             PLANNING: Submission to 'Discussion Paper - Local Character Overlays'

Directorate:                 Sustainable Environment and Economy

Report Author:           Alex Caras, Land Use Plannning Coordinator

Natalie Hancock, Senior Planner

File No:                        I2019/447

                                       

 

 

Summary:

 

On 28 February the Department of Planning and Environment (DPE) released a Discussion Paper – Local Character Overlays (Discussion Paper) for public comment. A copy of the Discussion Paper may be accessed at: https://www.planning.nsw.gov.au/Policy-and-Legislation/Local-Character/Discussion-paper-local-character-overlays . The period for feedback closes on 20 May 2019.

 

The Discussion Paper explores the introduction of an optional Local Character Overlay within the Standard Instrument Local Environmental Plan (SILEP). 

 

Local character overlays are intended as a new tool to help the community and Council recognise and strengthen local character. The local character overlay would consist of a map layer in the LEP identifying character areas and an associated clause within the LEP which identifies the additional assessment requirements, or in exceptional circumstances a local variation/exclusion from state-wide policy (i.e. complying development).

 

The Discussion Paper states that ‘a local character overlay could effectively align the development outcome to the strategic vision and plans that sit above the LEP. Early consultation with community groups, as part of the preparation of the Residential Strategy and Employment Lands Strategy, has indicated strong interest in Council’s ability to strengthen this alignment. Also, to assist in our discussions with the community staff have prepared an info sheet to explain how Council is incorporating local residential character into strategic planning, planning for places and development assessment (Attachment 1).

 

Staff have undertaken an initial review of the Discussion Paper and are preparing feedback generally in support of introducing Local Character Overlays within the SILEP, however also highlighting the following matters of concern:

 

·    Suitability of providing only 1 “standard” optional overlay clause in the SI LEP

·    Complying development excluded from application of local character controls

·    Onerous criteria and information requirements for proposed local variations and exclusions

·    Relationship to existing Heritage Conservation Area assessment provisions remains unclear

 

A more detailed submission on the above matters will be prepared by staff for submission to the DPE by the 20 May closing date.

 

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 Council note the information in this report and advise of any other issues to be included in a submission on the ‘Discussion Paper – Local Character Overlays’ to be submitted to the Department by 20 May 2019.

 

Attachments:

 

1        Infosheet - How Council is planning for local character, E2019/16908 , page 96  

 

 


 

REPORT

 

On 28 February the Department of Planning and Environment (DPE) released a Discussion Paper – Local Character Overlays (Discussion Paper) for public comment. A copy of the Discussion Paper may be accessed at: https://www.planning.nsw.gov.au/Policy-and-Legislation/Local-Character/Discussion-paper-local-character-overlays . The period for feedback closes on 20 May 2019.

 

The Discussion Paper explores the introduction of an optional Local Character Overlay within the Standard Instrument Local Environmental Plan (SILEP).  This was initially flagged in a Local Character Planning Circular released by the DPE in January 2018 to allow additional consideration of local character in areas of significance.

 

Local character overlays are intended as a new tool to help the community and Council recognise and strengthen local character. The local character overlay would consist of a map layer in the LEP identifying character areas and an associated clause within the LEP which identifies the additional assessment requirements, or in exceptional circumstances a local exclusion from state-wide policy (ie. complying development).  The Discussion Paper notes that a local character overlay could have the following functions:

 

 

A character overlay is expected to complement the Byron Shire LEP 2014 current Heritage Map layer which has a distinct focus on heritage character and items.  Council in conjunction with the community may apply local character overlays to areas that do not have heritage provision status, but non-the-less hold a distinct and valued character. For example, the older parts of Brunswick Heads may be one possible area to consider applying a character overlay.

 

Staff have undertaken an initial review of the Discussion Paper and are preparing feedback generally in support of introducing Local Character Overlays within the SILEP. However there are also some key areas of concern and these are briefly discussed below. 

 

Key issues

 

Suitability of providing only 1 “standard” optional overlay clause in the SI LEP

Providing only 1 “standard” optional clause in the SI LEP may not be suitable to apply across the State, or reflect key differences between metropolitan and regional areas when it comes to planning for character.  It is considered that introducing more than one standard optional clause could better accommodate these differences.

 

Complying development excluded from application of local character controls

The Discussion Paper states local character controls prepared for development assessment cannot apply to complying development under relevant state-wide policy. However, in instances where there are key attributes that strongly influence local character such as roof design, Council could introduce a ‘local variation’ to the complying development (subject to meeting proposed criteria, as discussed below).

 

In circumstances where the character of the area warrants substantial variation to complying development standards, beyond the scope of a local variation, Council also may seek a ‘local exclusion’ from individual codes of the state-wide policy to better manage the desired future character of those areas (subject to meeting proposed criteria, as discussed below).

 

Excluding complying development from application of local character controls (as the starting point) is of significant concern as ‘complying development’ can potentially have greater impacts on future residential character than DA assessable development.

 

Onerous criteria for proposed local variations and exclusions

The Discussion Paper contains draft criteria and information requirements for any proposed local variations and/or exclusions from state-wide policy (ie. complying development).  However these are considered very onerous and present significant resourcing challenges for this council.  Some of the more onerous information requirements include:

·    Modelling of existing and proposed controls, shadows, impacts on neighbours (where dealing with heights, setbacks, location of upper level);

·    Strategic basis within an adopted council policy, supported by evidence;

·    [Identifying] where within the local government area councils will be encouraging complying development as the approval pathway, so as to offset any reduction in complying development update because of a proposed local character overlay.

 

The Discussion Paper notes that if a request cannot address one or more criteria (ie. by satisfying the relevant information requirements) then it would not be considered for inclusion in the state-wide policy.  Council’s capacity to satisfy all criteria may not be possible without financial assistance from the State government.

 

Relationship to existing Heritage Conservation Area assessment provisions remains unclear

The Discussion Paper is silent on how the introduction of character overlays would align with the current Byron LEP 2014 Heritage Map layer and assessment requirements. While it may be assumed that mapped character overlays are not intended to replace the Heritage Map layer, it is nevertheless important that Council seeks clarity on the following:

§ the relationship between both overlays;

§ confirmation that the current assessment process for Heritage Conservation Areas and their current exclusion from complying development under the State Policy will remain in place.

 

A more detailed submission on the above matters along with any other matters raised by Council will be sent to the DPE by the 20 May closing date.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

Although feedback on this Discussion Paper is not a specific action in the Operational Plan, it does relate to the following components of the Community Strategic Plan (CSP) framework:

 

CSP Objective

CSP Strategy

Delivery Program Action

Operational Plan Activity

Community Objective 4:   We manage growth and change responsibly

4.1 – Support the visions and aspirations of local communities through place-based planning and management

-

-

 

Legal/Statutory/Policy Considerations

Detailed feedback on the Discussion Paper will be informed by the relevant state, regional and/or local planning framework and best practice planning principles.

 

Financial Considerations

Administration costs to provide feedback will be met within Council’s existing budget.

 

Consultation and Engagement

The Discussion Paper states that ‘a local character overlay could effectively align the development outcome to the strategic visions and plans that sit above the LEP. Early consultation with community groups, as part of the preparation of the Residential Strategy and Employment Lands Strategy, has indicated strong interest in Council’s ability to strengthen this alignment.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 6.2 - Attachment 1

 

How Council is planning for local character

This explains how Council is incorporating local residential character into strategic planning, planning for places and development assessment.

 


What is the draft Residential Strategy?

The Byron Shire Residential Strategy (the Strategy) is one of Byron Shire Council’s main growth management strategies.  It is our policy framework and action plan that guides residential development in our urban areas for at least the next 20 years.

 

The Strategy mainly relates to future housing in Bangalow, Brunswick Heads, Byron Bay, Mullumbimby, New Brighton, Ocean Shores, South Golden Beach, Suffolk Park and Sunrise.

 

This Strategy includes residential character narratives for our towns and villages.  These narratives were developed with key community stakeholders and will be open for comment to everyone, during the Strategy’s exhibition.

What is a Residential Character Narrative?

A Residential Character Narrative is a high level story about the past, for the future – using a mix of facts, imagery and community words to tell the story of connected events that have led to the pattern of development and what is fundamentally ‘local’ about our residential areas.  It captures what makes one neighbourhood distinct from another in the way it ‘looks and feels’.

What is a ‘Local Character Statement’?

A Local Character Statement is part of a process to prepare detailed precinct plans for areas that have been identified for substantial change, led by the NSW Department of Planning and Environment.

Why do we need to plan for character?

Our community sees character as a critical element of our local areas and neighbourhoods and requires that it be carefully considered in future planning for ongoing growth and change occurring in Byron Shire.

 

Council’s role is to guide the management of growth.  This guidance is to be consistent with Council’s Community Strategic Plan 2028 – Our Byron Our Future.

 

The State Government through the Environmental Planning and Assessment Act 1997 requires that ‘local character’ be considered at all levels of planning.

 

 

 


What is the difference?

A residential character narrative serves a different purpose to a local character statement and the following sets out the differences.

 

A Residential Character Narrative is:

 

A Local Character Statement is:

·    a Council initiative as part of the Byron Shire Residential Strategy to help find a balance between respecting and enhancing the local character of our urban areas and accommodating the community’s future housing in our urban residential areas for the next 20 years.

 

·    included in the Residential Strategy. It is anticipated that 2,720 new homes will be required in our urban areas to house our growing population. A key policy of the Strategy is to transition to greater housing diversity, choice and equity - the narratives articulate the desired local residential character of each of our villages and towns (now and in the future) to help with a smooth transition.

 

·    a high level story about the past, for the future - using a mix of facts, imagery and community words to tell the story of connected events that have led to the pattern of development  and what is fundamentally ‘local’ about our residential areas.

 

·    prepared with local communities to articulate what is fundamentally ‘local’ about their residential areas and how best to guide a change.

 

·    to inform more detailed design controls and will eventually be translated into local residential design guidelines and planning controls for inclusion in Council's Development Control Plan.

 

 

·    a NSW Government initiative under a Department of Planning and Environment led planning process of designing for planned precinct areas that have been identified for renewal and investment.

No precinct areas have been identified in Byron Shire
by the State Government.
Should the State Government identify a precinct in the future for the Shire, it will be developed in consultation with local communities.

 

·    a detailed statement to provide a comprehensive land use and implementation plan.

As an example, the first Local Character Statement (LCS), prepared for the St Leonards-Crows Nest plan, was drafted by the Department of Planning and Environment in consultation with the Government Architect. The plan covered three councils - Lane Cove, Willoughby and North Sydney, with some 7,500 new homes allowed for under the St Leonards-Crows Nest plan.

The St Leonard’s-Crows Nest draft LCS has been prepared to inform a detailed precinct plan project. It has a much wider scope than the draft residential character narratives in the Residential Strategy.
 

 

 

 

 

 

 

 

 

 

 

 

 

 


What is the process for preparing Residential Character Narratives?

 

We are using a staged process to prepare the draft narratives and supporting design controls. 

 

 

Note: Updating DCP 2014 Part E is an action in the draft Residential Strategy.

When commenced, this will involve further consultation with local communities and other stakeholders

 


 

How are key messages on character being conveyed in our planning documents?

Council considers local character at all levels - from higher level strategic planning documents such as the Community Strategic Plan, to more detailed place plans such as the Bangalow Village Plan.

 

The following provides a snapshot of how various council plans consider local character:

 

Community Strategic Plan 2028 - Our Byron, Our Future

 

Endorsed in 2018

10-year vision

Aspiration mandatory document setting high level community priorities and articulates community values with a broader focus on achieving the long term social, environmental and economic aspirations of the community

Community objectives:

•    We have infrastructure, transport and services which meet our expectations

•    We cultivate and celebrate our diverse cultures, lifestyle and sense of community

•    We protect and enhance our natural environment

•    We manage growth and change responsibly

•    We have community led decision making which is open and inclusive

 

Local Strategic Planning Statement  (LSPS)

Work yet to commence

20 year vision

LSPS are prescribed and timetabled by the Department of Planning and Environment (DPE) for completion in 2020. 

It will link with the State Government’s North Coast Regional Plan and Council’s Community Strategic Plan and specify:

·    special characteristics which contribute to local identity

·    shared community values to be maintained or enhanced

·    how growth and change will be managed into the future

 

Local growth management strategies  

20 year forward planning

Rural Land Use Strategy - adopted 2018

·    vision - 'sustainability for our rural communities, land uses, natural resources and infrastructure through collective responsibility for their protection, management and use.'

Residential Strategy - draft for public comment second half 2019

·    includes local residential character narratives

Employment Lands Strategy - report to council mid 2019 for endorsement

·    includes future roles for business centres

Guiding mandatory documents setting out how to strategically balance between respecting and enhancing the local character of an area and identifying and accommodating the community’s future economic, housing, infrastructure and social needs, as relevant to the Strategy.

Place Plans

 

10 year forward planning

Byron Bay Town Centre Masterplan - complete and being implemented

Bangalow Village Plan - adopted February 2019

Our Mullumbimby Master Plan - public exhibition pending

Byron Arts and Industry Estate - 'enquiry by design' in April 2019

Place plans are developed with Guidance Groups and the broader community. They shape the future of our towns and villages by concentrating on the look and feel of places, their form and character, rather than only focusing on conventional categories of land use. They set a vision which recognises that existing local character can be reflected and strengthened in planning for the future.

 

Local Environmental Plan (LEP)

mandatory statutory document

LEP aims and zone objectives describe the broader characteristics of the Shire.

Principal development standards (such as height and floor space ratio controls) can reflect character.

Overlays can provide for additional consideration of local character in areas of significance.

Development Control Plan (DCP) 2014

 

in particular Part E

The DCP includes more detailed guidance on implementing LEP controls relating to the design of development and consideration of local character.

 

Locality specific provisions will be updated in Part E to include design guidelines that build on the residential character narratives, place planning and other strategic planning work.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     6.3

 

 

Report No. 6.3             PLANNING - 10.2018.137.1 - Rural Land Sharing Community (Multiple Occupancy) consisting of Fifteen (15) Dwelling Sites and Associated Works

Directorate:                 Sustainable Environment and Economy

Report Author:           Dylan Johnstone, Planner

Noreen Scott, EA Sustainable Environment and Economy

File No:                        I2019/586

                                       

 

 

Proposal:

DA No:

10.2018.137.1

Proposal description:

Rural Land Sharing Community (Multiple Occupancy) consisting of Fifteen (15) Dwelling Sites and Associated Works

Property description:

LOT: 22 DP: 1014053

149 Federal Drive EUREKA

Parcel No/s:

231770

Applicant:

Balanced Systems Planning Consultants

Owner:

EGS Investments Pty Ltd

Zoning:

RU1 Primary Production / PART RU2 Rural Landscape / PART DM Deferred Matter (1(a) General Rural Zone / 1(b2) Agricultural Protection)

Date received:

4 April 2018

Integrated Development:

No

Public notification or exhibition:

-    Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 26/4/18 to 9/5/18

-    Submissions received: Thirty-one (31)

Planning Review Committee:

09/08/18

Delegation to determination:

Council

 

Issues:

·    Bushfire prone land

·    High environmental value vegetation and its long term management

·    Land use conflict

·    Visual Impact

 

Summary:

 

This application seeks development consent for a Rural Land Sharing Community (Multiple Occupancy) consisting of Fifteen (15) Dwelling Sites and Associated Works at 149 Federal Drive Eureka. The property is partly zoned RU1 Primary Production, RU2 Rural Landscape, 1(a) General Rural and 1 (b2) Agricultural Protection under Byron LEP 2014 and LEP 1988, respectively. The subject property has an area of 108.8 ha and contains an existing approved dual occupancy (detached), and a number of farm buildings.   

 

The fifteen dwelling sites are proposed in five clusters of three. Dwelling cluster “A” incorporates the existing approved dual occupancy (detached) and one new dwelling site. Clusters “B” – “D” are proposed to be located in the western portion of the site along a ridgeline that traverses the land. Dwelling clusters “A” – “D” will be accessed by a new single driveway to Federal Drive. Dwelling cluster “E” is located in the south-eastern portion of the site and will be accessed by a second new driveway to Federal Drive. Dwelling cluster “E” will be connected to the other dwelling sites and communal areas via internal access tracks.

 

The proposal also includes environmental protection works to restore areas identified by Council mapping as having high ecological value. A Vegetation Management Plan was submitted with the application which involved analysis of the environmental features and current ecological status of the property. The report provides a 5-year ecological works schedule as well as long-term actions by nominating environmental management zones (EMZs) and associated monitoring and reporting procedures in accordance with Byron Shire Council requirements.

 

The proposed development is consistent with the relevant environmental planning instruments and planning controls applicable to the site including the LEP and DCP provisions and relevant State Environmental Planning Policies for this type of development.

 

It is considered the proposal raises no significant issues which cannot be managed through reasonable and relevant conditions of approval, and the site is considered suitable for the development. As such the application is recommended for approval subject to conditions of consent.

 

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 4.16 of the Environmental Planning & Assessment Act 1979, development application, 10.2018.137.1 - Rural Land Sharing Community (Multiple Occupancy) consisting of Fifteen (15) Dwelling Sites and Associated Works be granted consent subject to conditions in Attachment 4 #E2019/29581.

 

Attachments:

 

1        Proposed Plans, E2019/28736 , page 126  

2        Visual Impact Assessment prepared by Balanced Systems amended July 2018, E2019/33179 , page 140  

3        submissions received, E2019/28723 , page 212  

4        Conditions of consent, E2019/29581 , page 302  

 

 


 

 

 

Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

BA 86/0285 – Machinery Shed – approved 12/12/86

BA 86/2173 – Farm Shed – approved 07/05/86

BA 86/2207 – Dwelling additions – approved 22/05/86

BA 87/2219 – Amenities Building – approved 25/05/87

BA 86/0350 – Worker’s Cottage – approved 23/10/86

6.1994.2827.1 – Rural Shed – approved 21/12/94

10.2016.425.1 – Subdivision to Create Two (2) Lots and Change of Use of Existing Dwelling House and Rural Workers Dwelling to Dual Occupancy (Detached) – approved 31/07/17

 

1.2.          Description of the proposed development

 

This application seeks approval for Rural Land Sharing Community (Multiple Occupancy) consisting of Fifteen (15) Dwelling Sites.

 

The dwelling sites are proposed in clusters of three:

 

·    Cluster “A” consists of an existing Dual Occupancy (detached) and one proposed dwelling site.

·    Clusters “B”, “C” and “D” consist of three new dwelling sites which extend westwards along a natural ridgeline

·    Cluster “E” consists of three new dwelling sites which are proposed to be accessed via a new single access to Federal Drive.

 

The application also includes community garden / park areas and proposes ecological repair and enhancement works and internal access works.

 

The subject site is a large rural property that contains macadamia orchards, grazing grasslands, rural living areas, a small native hoop pine plantation and native rainforest vegetation at varying degrees of age, structure and diversity however most of the native habitat contains significant infestations of environmental weeds. The property contains some remnant patches of rainforest as a part of the ‘Allansby’ Big Scrub rainforest.

 

The application proposes to undertake previously recommended work on the subject property to further protect, connect and enhance the ‘Allansby’ remnant.

 

1.3.          Description of the site

 

Land is legally described as

LOT: 22 DP: 1014053

Property address is

149 Federal Drive EUREKA

Land is zoned:

RU1 Primary Production / PART RU2 Rural Landscape / PART DM Deferred Matter

Land area is:

108.8 ha

Property is constrained by:

 

 

 Bushfire prone land      High Conservation Value High Environmental Value   

 

 

Plan Extract

 

 

                   

Existing dual occupancy dwelling on site “A1”             Existing dual occupancy dwelling on site “A2”

looking SE                                                                    looking SW

 

          

Dwelling site “B3” looking South                      Dwelling site “C2” looking North

 

           

Dwelling Cluster “D” looking S                         Looking West from dwelling site “E1”

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Environmental Health Officer

No objections to the proposal subject to conditions.

Development Engineer

No objections to the proposal subject to conditions.

S94 / Contributions Officer

No objections to the proposal subject to conditions.

Ecologist

No objections to the proposal subject to conditions.

Rural Fire Service (4.14)

No objections to the proposal subject to conditions.

Department of Primary Industries – Office of Water

No objections to the proposal.

 

3.         SECTION 79BA – BUSH FIRE PRONE LAND

 

Under section 4.14 of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document Planning for Bush Fire Protection 2006. The site is bush fire prone land. The development application was referred to the NSW Rural Fire Service, who provided conditions which are reflected in the Recommendation of this Report below.

 

EFFECT OF 10/50 RULE ON SIGNIFICANT VEGETATION

 

The land is a designated 10/50 vegetation entitlement clearing area however there is no significant vegetation to be impacted.

 

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

 

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

 

4.1       State Environmental Planning Instruments

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 44—Koala Habitat Protection

Consideration: Two Koala records occur in the north-west of the lot associated with Macadamia windbreaks. The windbreaks are not considered as core koala habitat for the purposes of the SEPP and a KPOM is not required.

 

State Environmental Planning Policy No 55—Remediation of Land

Consideration: Preliminary Site Investigation SEPP55 – Contamination Assessment prepared by Balanced Systems Planning Consultants dated January 2018 provides that soil sampling results were below the Health Investigation Levels (HIL) in accordance with NEPM (2013) Table 1 A (1) Column A – ‘Standard’ Residential with garden/accessible soil (home grown produce <10% fruit and vegetable intake (no poultry). Reporting was conducted in accordance with relevant EPA Guidelines for Consultants reporting on Contaminated Sites. The site is considered to be suitable for the intended development.

 

State Environmental Planning Policy (Rural Lands) 2008

Consideration: Clause 7 outlines the Rural Planning Principles to be considered:

 

(a)  the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas,

 

(b)  recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State,

 

(c)  recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,

 

(d)  in planning for rural lands, to balance the social, economic and environmental interests of the community,

 

(e)  the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,

 

(f)  the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,

 

(g)  the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing,

 

(h)  ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.

 

The proposal is located on land containing a working macadamia farm. The clusters of dwellings are proposed to be located so as not to significantly impact on the existing productivity of the farm. A recommended condition of consent will require a management plan detailing practices to appropriately manage the potential impacts of pesticide use on future dwelling sites.

 

The subject property includes areas identified on Council GIS Mapping as state significant farmland while the remainder of the site is identified as regionally significant farmland. An Agricultural Assessment Report prepared by Balanced Systems dated July 2018 provides that the development results in minimal impact to the agricultural prospects of the property.  A small area of macadamias will be permanently removed with some smaller trees to be transplanted to another location of the site. Whilst an existing de-husking facility on site will be decommissioned, with de-husking and drying activities to occur offsite at other facilities in Nashua and Dunoon to process the nuts.

 

An On-site Wastewater Management Land Capability Assessment Report was submitted with the application and demonstrates that wastewater generated by the proposed development can be adequately management by the provision of on-site sewage management facilities. Existing electricity infrastructure can reasonably be extended to service the proposal.

 

The combination of uses of the site for a rural land sharing community (multiple occupancy) and a working macadamia farm are considered to be an appropriate use of land. It is considered that the development is unlikely to have any adverse impacts on local ecological values and that an improvement will occur in the longer term through additional assisted regeneration of the site. The proposal is consistent with Rural Land Use Strategy 1998 and 2017.

 

 

4.2A  Byron Local Environmental Plan 2014 (LEP 2014)

 

LEP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act because it applies to the subject land and the proposed development. The following LEP 2014 clauses are of relevance to the proposed development:

 

Land Use Table

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a)     The proposed development is defined in the LEP 2014 Dictionary as Multiple Occupancy                      ;

(b)     The land is within the RU1 Primary Production / PART RU2 Rural Landscape / PART DM Deferred Matter (1(a) General Rural Zone / 1(b2) Agricultural Protection) according to the Land Zoning Map (all proposed dwelling sites and community areas are located within the RU1 and RU2 zones);

(c)     The proposed development is permitted with consent ; and

(d)     Regard is had for the Zone Objectives as follows:

 

RU1 – Primary Production

 

Zone Objective

Consideration

To encourage sustainable primary industry production by maintaining and enhancing the natural resource base

The proposed Rural Landsharing Community consisting of additional dwelling sites, associated infrastructure, and ongoing management, is consistent with the relevant zoning objectives.

 

The proposal is considered to enhance the site’s natural resource base, especially ecological values, while also maintaining the quality of the natural resources.

 

The primary production values of the property are a central component of the proposal, with the existing macadamia orchards providing an ongoing compatible rural industry and will be supported by additional food growing pursuits on the site.

 

The impacts on agricultural values of the site will be minimised and an integrated, sustainable land use of the site is proposed with a variety of land uses.

 

The proposal will not have a significant impact on the existing scenic value of the locality.

To encourage diversity in primary industry enterprises and systems appropriate for the area

To minimise the fragmentation and alienation of resource lands.

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

To encourage consolidation of lots for the purposes of primary industry production

To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality

To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality

 

RU2 – Rural Landscape

 

Zone Objective

Consideration

To encourage sustainable primary industry production by maintaining and enhancing the natural resource base

The proposed Rural Landsharing Community consisting of additional dwelling sites, associated

infrastructure, and ongoing management, is consistent with the relevant zoning objectives.

 

The proposal is considered to enhance the site’s natural resource base, especially ecological values, while also maintaining the quality of the natural resources.

 

The primary production values of the property are a central component of the proposal, with the existing macadamia orchards providing an ongoing compatible rural industry and will be supported by additional food growing pursuits on the site.

 

The impacts on agricultural values of the site will be minimised and an integrated, sustainable land use of the site is proposed with a variety of land uses.

 

The proposal will not have a significant impact on the existing scenic value of the locality.

To maintain the rural landscape character of the land

To provide for a range of compatible land uses, including extensive agriculture.

To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.

To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

 

Clause 4.2B Maximum number of dwelling houses or dual occupancies on multiple occupancy or rural landsharing community developments

 

This clause requires that the maximum number of dwellings of a multiple occupancy development complies with the number shown on the Multiple Occupancy and Community Title Map. If no number is shown on this map (as is the case with the subject site) there will not be less than 3 dwellings, and not more than 1 dwelling for every 3 hectares, up to a maximum of 15 dwellings, on the lot. The lot has an area of 108.8 hectares therefore the proposed 15 dwelling sites is compliant with this clause. 

 

Clause 6.5 Drinking water catchments

 

All works associated with the proposed development provide a suitable buffer to a watercourse on the land mapped as “Key Fish Habitat” by DPI Fisheries. The application was formally referred to NSW Office of Water who raised no objections. It is considered that a further thirteen dwelling sites on the land will have a negligible impact given that the land has contained a significant macadamia plantation for a number of years.

 

Clause 6.6 Essential services

 

An On-site Wastewater Management Land Capability Assessment Report was submitted with the application and demonstrates that wastewater generated by the proposed development can be adequately management by the provision of on-site sewage management facilities. Existing electricity infrastructure can reasonably be extended to service the proposal.

 

Access for dwelling cluster “E” is proposed off Federal drive. A common 4m seal on 6m pavement is proposed with a width of 6m at Federal Drive. With a rural property type access. This is seen as an acceptable solution due to the low volumes.

 

Access for dwelling clusters “A”-“D” is proposed off Federal drive. A 4m seal on 6m pavement is proposed with a width of 6m at Federal Drive. With a type BAR intersection. This is seen as an acceptable solution.

 

 

Subject Property (highlighted yellow) and surrounding lands identified under Byron LEP 2014 for Multiple Occupancy

 

4.2B  Byron Local Environmental Plan 1988 (LEP 1988)

 

The proposed multiple occupancy is located entirely on land zoned RU1 And RU2 under LEP 2014 however proposed environmental restoration works are located on land zoned 1(a)  and 1(b2) under LEP 1988.

 

LEP 1988 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act because it applies to the subject land and the proposed development. The following LEP 1988 clauses are of relevance to the proposed development:

 

In accordance with LEP 1988 clauses 5, 8 and 9:

(a)     The proposed development is defined in the LEP 1988 Dictionary as Environmental Facilities;

(b)     The land is within the 1 (a) General Rural Zone and 1(b2) Agricultural Protection (b2) Zone according to the map under LEP 1988;

(c)     The proposed development is permitted with consent; and

(d)     The proposed development is consistent with the relevant objectives of the Zone for the following reasons:

 

Zone Objective

Consideration

(a)  to encourage and permit a range of uses creating a pattern of settlement, at a scale and character that maintains or enhances the natural, economic, cultural, social and scenic amenity of the rural environment of the Shire of Byron,

The application proposes ecological repair and enhancement works. The subject site is a large rural property that contains macadamia orchards, grazing grasslands, rural living areas, a small native hoop pine plantation and native rainforest vegetation at varying degrees of age, structure and diversity however most of the native habitat contains significant infestations of environmental weeds. The property does contain some remnant patches of rainforest as a part of the ‘Allansby’ Big Scrub rainforest which is to be protected and enhanced.

 

Environmental repair and enhancement works have the potential to protect and enhance flora & fauna habitat, increase biodiversity, regional landscape connectivity, improved air quality and water catchment health.

 

A Vegetation Management Plan was submitted with the application which involved analysis of the environmental features and current ecological status of the property. The report provides a 5-year ecological works schedule as well as long-term actions by nominating environmental management zones (EMZs) and associated monitoring and reporting procedures in accordance with Byron Shire Council requirements.

 

The subject site is a large rural property that contains macadamia orchards, grazing grasslands, rural living areas, a small native hoop pine plantation and native rainforest vegetation at varying degrees of age, structure and diversity however most of the native habitat contains significant infestations of environmental weeds. The site has been largely modified by large-scale clearing following settlement and the establishment of agriculture in the late 1800s. The property does contain some remnant patches of rainforest as a part of the ‘Allansby’ Big Scrub rainforest of which an adjacent property has undergone bush regeneration works in the recent past.

 

The VMP proposes to undertake previously recommended work on the subject property to further protect, connect and enhance the ‘Allansby’ remnant. The site has potential to deliver an important ecosystem to the Byron Shire including; flora & fauna habitat, increased biodiversity, regional landscape connectivity, and water catchment health. Environmental works are to be undertaken within designated Environmental Management Zones (EMZs).

(b)  to encourage and permit a pattern of settlement which does not adversely affect the quality of life of residents and visitors and maintains the rural character,

(c)  to ensure development only occurs on land which is suitable for and economically capable of that development and so as not to create conflicting uses,

(d)  to allow the use of land within the zone for agricultural purposes and for a range of other appropriate purposes whilst avoiding conflict between other uses and intensive agriculture,

(e)  to identify lands (shown hatched on the map) which in the opinion of the council possess a limited capability for more intensive uses or development,

(f)  to restrict the establishment of inappropriate traffic generating uses along main road frontages other than in road side service areas,

(g)  to ensure sound management of land which has an extractive or mining industry potential and to ensure that development does not adversely affect the potential of any existing or future extractive industry,

(h)  to enable the provision of rural tourist accommodation and facilities only where such facilities are compatible with the form and density of the nature of the locality, and

(i)  to permit the development of limited light industries which do not pose any adverse environmental impact, (eg software manufacture and film processing), and

(j)  to ensure that the development and use of land shown cross-hatched on the map adjacent to areas of significant vegetation and wildlife habitat do not result in any degradation of that significant vegetation and wildlife habitat, and that any development conserves and protects and enhances the value of the fauna and flora.

 

Clause 52 Tree Preservation

The application proposes to remove only weed species such as Asparagus Fern, Lantana, Large Leaved Privet and Camphor Laurel from areas identified by Council mapping as subtropical rainforest.

 

4.3       Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

 

Not applicable.

 

4.4A  Byron Shire Development Control Plan 2014 (DCP 2014)

 

DCP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP& A Act because it applies to the land

 

to which LEP 2014 applies. The following DCP 2014 chapters are of relevance to the proposed development:

 

B3 Services

The application has demonstrated that the site is suitable for the proposed development including the provision of an onsite sewage management system for each dwelling site. Electricity supply is already available to the site and can reasonably be extended to service the proposal. Each dwelling will require the provision of a 40,000L rainwater tank.

 

B6 Buffers and Minimising Land Use Conflict

 

The proposed development is located within an agricultural land use area.  The area contains orchards and macadamias located both on the subject property and on surrounding properties.  De-husking and crop spaying could potentially generate a land use conflict. The applicant submitted a Land Use Conflict Risk Assessment (LUCRA). The LUCRA states:

 

The on-site macadamia processing and de-husking facility poses the most significant risk to Dwelling Cluster A, containing the two existing dwellings and the new dwelling,  It is proposed that this processing faciillity be closed and macadamia processing is conducted off site so that living amenity is not compromised.

 

Dwelling Cluster E is located in close proximity to a neighbouring macadmaia farm (<200m) on the southern side of Federal Drive There are significant existing vegetation buffers on both the northern and southern side of Federal Drive, adjacent to the road reserve.  It  is recommended that these buffers be retained and additional vegetation screening be implemented between the proposed house sites and the southern boundary. This additional screening shall achieve the minimum requirements for spray drift buffers as recommended by NSW DPI guidelines.  There are numerous rural dwellings located in similar circumstances along Federal Drive.

 

The Vegetation Management Plan recommended for approval includes a spray buffer to minimise any potential land use conflict between dwelling cluster “E” and the existing macadamia orchard on the adjacent property on the southern side of Federal Drive. Recommended conditions of consent will require a detailed spray buffer landscape plan prior to issue of a construction certificate and for planting to be completed prior to issue of an occupation certificate. The vegetative spray buffer will need to comply with the guidelines of NSW Agriculture and Planning Guidelines: Separating Agricultural and Residential Land Uses published by the Department of Natural Resources, Queensland. The vegetation will be required to be a minimum 30m width to provide a sufficient buffer.

 

A condition is recommended to ensure that the de-husking facility located in close proximity to proposed dwelling cluster “A” is decommissioned from use to further minimise any potential land use conflict. Separation distances between the proposed dwelling sites and existing de-husking facilities located on neighbouring sites meet the recommended buffer distances contained in DCP 2014.

 

C3 Visually Prominent Sites, Visually Prominent Development and View Sharing

 

A Visual Impact Statement was submitted including a photo montage from a number of viewpoints surrounding the proposal illustrating the impacts of superimposed future dwellings on the existing landscape. These viewpoints were taken from a location on Whian Rd to the south and Kings Rd to the west (see below).

 

Photo montage of proposal viewed from Whian Rd to the South (Balanced Systems Planning Consultants)

 

.

Photo montage of proposal viewed from Kings Rd to the West (Balanced Systems Planning Consultants)

 

A ridgeline traverses the site (approximately 150m AHD at its highest point). Proposed dwelling clusters “B”, “C” and “D” are located below the highest point of this ridgeline so that they do not dominate the skyline. The VIA has also proposed screen plantings to soften the visual impact of these dwelling sites. A recommended condition of consent ensuring these screen plantings are established prior to issue of the relevant occupation certificate for these dwellings is attached to this report.

 

It is considered that dwelling clusters “A” and “E” will have a negligible visual impact on the existing landscape.

 

D2.2.1 Location and Siting of Residential Accommodation and other Buildings

 

The proposal is consistent with the relevant Aims, Guiding Principles, Best Practice Guidelines and Performance Standards contained in the Byron Rural Settlement Strategy 1998. This is reflected by the LEP 2014 Multiple Occupancy and Community Title map. 

 

D2.2.3 Character and Visual Impact

 

The submitted Visual Impact Statement has demonstrated that the proposal will integrate with the existing landscape and rural character of the locality. The restoration of rainforest on the site outlined within the VMP further integrates the proposal with the ecology and natural areas of the site.

 

D2.6 Multiple Occupancy Development

 

Objectives

 

1. To reflect the objectives and provisions of Byron LEP 2014 relating to Multiple Occupancy Development.

2. To enable:

a) people to collectively own a single property and use it as their principal place of residence, and

b) the erection of multiple dwellings on the lot and the sharing of facilities and resources, and

c) the collective environmental repair and management of the lot, and

d) the pooling of resources to economically develop a wide range of communal rural living opportunities.

3. To facilitate closer rural settlement in a clustered style in a manner that:

a) protects the environment, and

b) does not create an unreasonable demand for the provision of services or a demand for the uneconomic provision of services, and

c) does not involve subdivision under Community Title, Torrens Title or Strata Title, or any other form of separate land title, and

d) to implement the aims, guiding principles, guidelines and performance standards for rural settlement in the Byron Rural Settlement Strategy 1998, available from the office of the council.

 

The development proposed by this application achieves these objectives by siting the proposed new dwelling sites in a clustered format that does not require the removal of native vegetation and proposes to protect significant existing ecological values on the site. The site proposes a number of community parks and food garden areas along with a VMP to form a collective of environmental repair and management of the lot.

 

The proposed dwelling sites are clustered (five clusters of three dwellings) and located so as to facilitate social interaction between residents, limit the extent of infrastructure (access roads and services) required to service the development and minimising environmental impacts. Dwellings within each of the proposed clusters comply with the separation requirements of DCP 2014.

 

Dwelling houses are proposed to be appropriately located in terms of topography, drainage lines, existing vegetation, access and natural hazards such as bushfire and flooding.

 

Works carried out in accordance with the submitted VMP will have a positive impact on the environment through environmental repair and enhancement. An outline for a rural landsharing management plan was submitted with the application but needs to be completed as per a condition of consent. The plan will set out the ongoing management of the land by the various landowners including rights and responsibilities, dispute resolution and collective use of resources. This is discussed in further detail below.

 

1.   Siting and Clustering of House Sites

 

The proposed clustering of dwelling sites (five clusters of three dwellings) is considered appropriate as any additional dwelling sites within clusters “A” and “E” would impact upon vegetation mapped by Council as having high ecological value. The steep topography surrounding clusters “C” and “D” does not permit any appropriate dwelling sites additional to the three proposed for each. Also the proposed clustering arrangement minimises the impacts on the existing macadamia orchard located on the land. The application included a “Developable Land” map (shown below) that illustrates those areas of the site that are suitable for development. Proposed dwelling sites have been demonstrated to have a minimal visual impact on the surrounding locality.

 

Social interaction between each of the dwelling clusters is facilitated through community access, community activity areas and the management of habitat, macadamia orchard and woodlot areas throughout the site. Dwelling clusters are appropriately located so that the length of internal access roads and the length of extensions to existing electricity infrastructure are minimised.

Developable Land Map (Balanced Systems Planning Consultants)

 

2.   Environmental Impact Assessment Report

 

A concept plan and land capability and suitability report was submitted with the application and identifies that the proposal has been appropriately designed with consideration for bushfire hazards, flooding, slopes greater than 20%, prime agricultural land, high conservation value vegetation and habitats, areas identified for environmental repair and restoration, watercourses, visual impact, land slip areas, land use conflict, contaminated land and internal access roads.

 

Federal village is located approximately 3km away and provides a local preschool, shop, recreation facilities and other amenities. The Eureka Hall is located approximately 0.5km away and the Eureka Recreation Ground is some 1.2 kilometres away. The site is well located with good access to other centres in the shire, including local facilities at Clunes Village and Bangalow Village, as well as regional facilities at Mullumbimby and Lismore.

 

The local school bus service utilises the adjoining Federal Drive thus providing convenient access for residents of the proposed dwellings.

 

3.   Rural Landsharing Management Plan

 

The Rural Landsharing Management Plan (RLMP) provides the internal management provisions for the community to collectively manage and make decisions regarding the on-going management of the community and site.

 

The final Rural Landsharing Management Plan will incorporate all of the management areas on the site, as depicted within Illustration 6 – Management Zones. These areas include:

 

·    Rural Living – containing dwelling clusters and dwelling sites

·    Habitat – areas subject to the VMP and other protected areas designated for habitat

·    Grazing – grassland management areas that can be used for grazing

·    Macadamia Orchard – areas where the macadamia orchards will be managed

·    Woodlot – proposed woodlot areas which can be used for to grow trees

·    Community/Access/Infrastructure – shared areas used for services including designated community areas.

 

Most of the land of the proposed Rural Landsharing Community remains as shared areas, with only the Rural Living management areas designated as privately managed by the residents.

 

All community management areas will be collectively managed by means of an internal management plan, for example the Vegetation Management Plan provides an allocation of time and resources for ecological works within these habitat areas.

 

The theme is to combine social values (community members), environmental (enhanced habitat) values and agricultural values (operational farm) of the property in a sustainable manner while providing appropriate housing and amenities and ongoing primary production use of the site. The goal is to provide an integrated mix of land uses that implements best practice management to each of the components.

 

The overall objectives of the Multiple Occupancy Community are:

 

·    to enable the intentional incoming residents to occupy the site to generate an interactive, social community;

·    enhance the site’s substantial ecological values;

·    provide a sustainable agricultural operation; and

·    create community space and generate new values on the site

 

The RLMP will make provision for social cohesion, development of community, cooperation and sharing, development of rural living opportunities, the construction of buildings, the use of land, and any economic or business development on the land with a dwelling on each Home Improvement Area (HIA) and agricultural, recreational, bushfire protection and environmental enhancement activities on the common land.

 

The founding members currently own the property with collective ownership to be established following formation of the community. The individual’s entitlements are to be allocated by means of the ‘deed of agreement’. The deed contains the necessary mechanisms for effective ongoing management of the property. The individual’s entitlements will stipulate rights and responsibilities for community members.

 

Shareholders of the community make decisions in accordance with the internal legal management structure (the deed). Decision making is based on the protocols within the deed. The deed provides for mediation processes where issues need resolution and also the procedure for the disposal of a share. The deed provides for mediation and dispute resolution processes where issues need resolution. The mediation and dispute resolution provisions are established and proven mechanisms utilised successfully by other communities.

 

The internal legal management structure stipulates approved behaviour based on a system of ‘rights’ and ‘responsibilities’ of members and visitors within the three land management zones – rural living (‘private’ home improvement areas) and primary production and environmental enhancement zones (community land). This approach to the structure of the internal management system allows all the ‘issues’ to be addressed within this framework.

 

The final Rural Landsharing Management Plan will be prepared as per conditions of consent. The plan will also include provisions restricting the keeping of cats and dogs, management of the Macadamia Plantation and internal land use conflicts, bushfire requirements limitations on white and reflective cladding and roofing, and minimum tank sizes for domestic water supply. 

 

4.   Access Roads

 

A 4m seal on 6m pavement is proposed with a width of 6m for each of the proposed accesses from Federal Drive.

 

The proposed internal access to dwelling clusters “A” – “D” has a maximum grade of 20%. This will be required to be bitumen/concrete sealed in accordance with recommended conditions of consent. The proposed internal access road to dwelling cluster “E” has a maximum grade of 12% which does not require bitumen/concrete seal. All internal access roads are required to be constructed of an all-weather surface in accordance with recommended conditions of consent. Drainage works are proposed to direct natural courses underneath the proposed road way in culverts, the size of which range from 450mm diameter to 600mm diameter. This will allow the water course to flow on its natural path with minimal disturbance.

 

The land is bushfire prone and was referred to RFS for comment. RFS have supplied recommended conditions of consent including the requirement for access roads to be constructed in accordance with Section 4.1.3(2) of Planning for Bushfire 2006 which is reflected in the recommended conditions of consent attached to this report.

 

5.   Bushfire Management

 

The application included a bushfire assessment report prepared by a BPAD accredited bushfire consultant. The application was referred to NSW RFS for comment in accordance with section 4.14 of the EP&A Act. Appropriate conditions of consent are recommended to minimise the potential impacts of bushfire and are attached to this report.

 

6.   Vegetation Management Plan

 

A Vegetation Management Plan (VMP) was submitted with the application which involved analysis of the environmental features and current ecological status of the property. The report provides a 5-year ecological works schedule as well as long-term actions by nominating environmental management zones (EMZs) and associated monitoring and reporting procedures in accordance with Byron Shire Council requirements.

 

The subject site is a large rural property that contains macadamia orchards, grazing grasslands, rural living areas, a small native hoop pine plantation and native rainforest vegetation at varying degrees of age, structure and diversity however most of the native habitat contains significant infestations of environmental weeds.

 

The site has been largely modified by large-scale clearing following settlement and the establishment of agriculture in the late 1800s. The property does contain some remnant patches of rainforest as a part of the ‘Allansby’ Big Scrub rainforest of which an adjacent property has undergone bush regeneration works in the recent past.

 

The VMP proposes to undertake previously recommended work on the subject property to further protect, connect and enhance the ‘Allansby’ remnant. The site has potential to deliver an important ecosystem to the Byron Shire including; flora & fauna habitat, increased biodiversity, regional landscape connectivity, and water catchment health. Environmental works are to be undertaken within designated Environmental Management Zones (EMZs).

 

7.   Water Management Plan

 

For domestic water supply, each of the dwelling sites will install a roof water harvesting and storage system at the time when the dwellings are constructed. BASIX requirements requires water efficient devices to be installed throughout the dwellings. A minimum storage of 40,000 litres is required for domestic purposes. The actual storage usage will reflect the different household sizes with larger dwellings with more occupants having larger roof areas and larger storage tanks. Each dwelling will have a minimum dedicated bushfire water storage supply of 10,000 litres for firefighting purposes. Conditions of consent to apply.

 

All of the dwelling sites are located away from drainage lines and water courses to protect these important areas. No dam is proposed or required although there is an existing dam on the site.

 

No component of the proposal is seeking to extract groundwater or is likely to impact on groundwater values. The application was referred to the Natural Resources Access Regulator who advised that the proposal does not require any approvals under the Water Management Act 2000.

 

8.   Effluent Disposal

 

The application has demonstrated that all proposed dwelling sites can be provided with on-site sewage management services to suitably dispose of effluent.

 

4.4B  Byron Shire Development Control Plan 2010 (DCP 2010)

 

The proposed multiple occupancy is located entirely on land zoned RU1 and RU2 under LEP 2014 however proposed environmental restoration works are located on land zoned 1(a)  and 1(b2) under LEP 1988 and are therefore subject to DCP 2010.

Chapter 1 Part C Residential Development

 

C12 Multiple Occupancy of Rural Land

 

A Vegetation Management Plan was submitted with the application which involved analysis of the environmental features and current ecological status of the property. The report provides a 5-year ecological works schedule as well as long-term actions by nominating environmental management zones (EMZs) and associated monitoring and reporting procedures in accordance with Byron Shire Council requirements. THE VM is considered acceptable for the proposed development.

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

 

Yes

No

Is there any applicable planning agreement or draft planning agreement?

 

 

4.6       Environmental Planning & Assessment Regulation 2000 Considerations

 

Clause

This control is applicable to the proposal:

I have considered this control as it relates to the proposal:

If this control is applicable, does the proposal comply?

92

No

N/A

N/A

93

No

N/A

N/A

94

No

N/A

N/A

94A

No

N/A

N/A

* Non-compliances and any other significant issues discussed below

 

4.7       Any coastal zone management plan?

 

 

Satisfactory

Unsatisfactory

Not applicable

Is there any applicable coastal zone management plan?

 

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

 

Impact on:

Likely significant impact/s?

Natural environment

No. The proposal will not have a significantly adverse impact on the natural environment of the locality.

Built environment

No. The proposal will not have a significantly adverse impact on the built environment of the locality.

Social Environment

No. The proposal will not have a significant social impact on the locality.

Economic impact

No. The proposal will not have a significant economic impact on the locality.

 

Are there any Council Policies that are applicable to the proposed development?

 

Council Policy

Consideration

Development Policy

The proposal has been demonstrated to comply with the relevant legislation, environmental planning instruments, development control plans and is considered to be in the public interest.

Management of Contaminated Land Policy

The application has demonstrated that the site is suitable for the proposed use in accordance with SEPP55 and this policy.

Provision of Driveways Policy

The existing and proposed driveways are required to be constructed and maintained in accordance with this policy and conditions attached to this report.

Local Approvals Policy

An On-site Wastewater Management Land Capability Assessment Report was submitted with the application and demonstrates that wastewater generated by the proposed development can be adequately management by the provision of on-site sewage management facilities.

 

4.9       The suitability of the site for the development

 

The site is a serviced, unconstrained property and is suitable for the proposed development.

 

4.10     Submissions made in accordance with this Act or the regulations

 

The development application was publicly exhibited. There were 31 submissions made on the development application including 23 objections and 8 submissions in support of the application. Issues raised within submissions are identified below including the number of submissions that raised the same issue.

 

Issue - Objections

Comment

Proposed development site not appropriate for multiple occupancy development

The site is identified on the LEP 2014 Multiple Occupancy (MO) and Community Title Map as being permitted for Multiple Occupancy use. The property was originally identified for an MO under the Byron Rural Settlement Strategy 1998.

Proposal is inconsistent with objectives of land zoned RU1 and RU2

This report has identified that the proposal is consistent with the objectives of the RU1 and RU2 zones as it maintains the existing agricultural potential of the land while enhancing the ecological values of the site, it does not result in fragmentation of resource lands, minimises any potential land use conflict, minimises impacts on the scenic quality of the locality and maintains the rural character of the land.

No rural land management plan has been submitted but rather a deed of agreement

Noted – Conditions of consent recommended requiring the management plan to be prepared and submitted to Council for approval

Visual impact

A Visual Impact Statement was submitted including a photo montage from a number of viewpoints surrounding the proposal illustrating the impacts of superimposed future dwellings on the existing landscape. These viewpoints were taken from a location on Whian Rd to the south and Kings Rd to the west.

 

A ridgeline traverses the site (approximately 150m AHD at its highest point). Proposed dwelling clusters “B”, “C” and “D” are located below the highest point of this ridgeline so that they do not dominate the skyline. The VIA has also proposed screen plantings to soften the visual impact of these dwelling sites. A recommended condition of consent ensuring these screen plantings are established prior to issue of an Occupation Certificate for each of the future dwellings is attached to this report, combined with restriction on reflective or white roof and cladding materials.

 

It is considered that dwelling clusters “A” and “E” will have a negligible visual impact on the existing landscape.

Road safety / traffic impact on local roads

Council staff are satisfied that Federal Drive is of a sufficient standard to accommodate the extra traffic generated by the proposal without the need for road upgrades.

Noise impact

The submitted Land Use Conflict Risk Assessment demonstrates that the proposal will not create any significant land use conflict including any additional noise generated by the development.

Scale of the proposal is out of character with the land

The subject site has an area of approximately 108 hectares. The property has been identified for a Multiple Occupancy for two decades by various Council planning schemes. The development has been designed to minimise visual impact and land use conflict and is considered to be consistent with the existing rural character of the land.

No community consultation prior to lodgement.

While community consultation prior to lodgement is ideal it is not a legislative planning requirement.  Notwithstanding, the Byron Rural Settlement Strategy 1998, amendments to Byron LEP 1988 and the Byron LEP 2014 were all exhibited which identified this property and many others in the Eureka Locality for Multiple occupancy.

 

Proposal is inconsistent with the Byron Shire Rural Land Use Strategy 2017 and has not been identified as a priority MO site.

The LEP 2014 Multiple Occupancy and Community Title Map identifies appropriate multiple occupancy sites in accordance with site suitability requirements identified in the Byron Rural Settlement Strategy 1998. The 2017 Rural Land Use Strategy identifies priority sites for future Multiple Occupancy that is not currently identified by LEP 2014 mapping.

DA proponents will not reside at the site

It is not a planning requirement for developers to reside at the site.

The land has become invaded by weeds including camphor laurel and land is currently not being managed in accordance with the Byron Sustainable Agriculture Strategy.

A Vegetation Management Plan (VMP) was submitted with the application which outlines a program of weed management and enhancement of significant rainforest on the site. The VMP has been assessed by Council staff and appropriate conditions are recommended for the implementation of this plan. Approval of this application will enable the site to be rehabilitated. 

Impact on population increase on Federal and Eureka Public School

It is not anticipated that the population increase resulting from the proposed development will have a significant impact on local villages and schools.

Use of prime agricultural land for dwelling sites / fragmentation of farmland

The site contains areas mapped as state and regionally significant farmland. An Agricultural Assessment report to assess the impacts of the proposal on the agricultural viability of the land was submitted with the DA. The report provided that the existing large macadamia orchard occupies the majority of the recognised high value agricultural land on the site (the areas mapped as State Significant Farmland) while other areas are to be used for rural living, food growing (including existing Macadamia orchards) and habitat enhancement. Some areas mapped as State Significant Farmland do not truly represent the agricultural potential due to limiting factors such as topography, soil condition, accessibility and long-term sustainability.

 

The report identified the existing important farmland areas on the property and analysed the established Macadamia orchard in terms of the existing economic value and the predicted economic impacts of the development proposal. The report concluded that the proposal does not result in a significant, detrimental impact on the ongoing agricultural viability of the property, and provides for the diversification of land uses on the property whilst improving long-term sustainability of the site with significant ecological enhancement.

Geotechnical stability of land chosen for dwelling clusters “B” and “C”

Council staff have determined that the land is suitable for the proposed use and the development does not present any significant geotechnical risk which is unable to be managed.

Land use conflict between dwelling sites and existing macadamia farm

The submitted Land Use Conflict Risk Assessment demonstrates that the proposal will not create any significant land use conflict.

Dwelling currently located on the site which does not have approval and does not comply with planning for bushfire protection

This building has been inspected and is being used as a farm building and not for residential accommodation.

Significance of vegetation located adjacent to dwelling site “A3” has not been considered

The significance of vegetation located adjacent to dwelling site “A3” is recognised by the VMP and is included as a “habitat management zone”.

Dwelling clustering does not facilitate social interaction

Social interaction between each of the dwelling clusters is facilitated through community access, community activity areas and the management of habitat, macadamia orchard and woodlot areas throughout the site.

Proposed development is in a dispersed style and does not limit the cost of construction for residents in terms of the provision of services and access – does not comply with performance criteria and prescriptive measures of D2.6.1 of DCP 2014

The proposed clustering of dwelling sites (five clusters of three dwellings) is considered appropriate as any additional dwelling sites within clusters “A” and “E” would impact upon vegetation mapped by Council as having high ecological value. The steep topography surrounding clusters “C” and “D” does not permit any appropriate dwelling sites additional to the three proposed for each. Also the proposed clustering arrangement minimises the impacts on the existing macadamia orchard located on the land. Proposed dwelling sites have been demonstrated to have a minimal visual impact on the surrounding locality. Dwellings within each of the proposed clusters comply with the separation requirements of DCP 2014.

Concern with the proximity of dwelling A3 to a 1000L diesel fuel storage tank

The proposed development was considered in accordance with State Environmental Planning Policy No. 33 – Hazardous and Offensive Development. Diesel is classified as a Class 3 Packing Group III good in accordance with the Australian Code for Dangerous Goods. The “Hazardous and Offensive Development Application Guidelines – Applying SEPP 33” provides thresholds for dangerous goods in terms of the quantity of the dangerous good related to the distance to a sensitive receiver i.e. dwelling. The quantity of diesel storage on the site does not trigger these thresholds therefore no further assessment is required.

SEPP 55 - Contamination

A contaminated land report was submitted to support the proposal. The report satisfies the requirements of State Environmental Planning Policy SEPP  No. 55 Contaminated Land and demonstrates that the land is suitable for the proposed use.

Pets should not be permitted to be kept by landowners in order to protect native fauna and neighbouring cattle farms

The VMP recommends that the proposal include measures that no pet cats or dogs be allowed on the property. A recommended condition will require that a Section 88E instrument is registered on the title prohibiting the keeping of dogs and cats on the land other than “assistance animals” as defined by the Companion Animals Act 1998.

Potential environmental impacts of 15 onsite sewage management systems  on waterways and the environment and impacts of Cluster D.

The application has demonstrated that all proposed dwelling sites can be provided with on-site sewage management services to suitably dispose of effluent.

 

Failure to illustrate how a management plan will enhance local ecology i.e. siting new access near big scrub rainforest remnant

A VMP was submitted with the application which outlines a program of weed management and enhancement of significant rainforest on the site. The VMP has been assessed by Council staff and appropriate conditions are recommended for the implementation of this plan.

 

The 9 submissions in support of the application make reference to a positive use of land for a combination of agricultural and residential uses and provision of affordable housing.

 

4.11     Public interest

 

The proposed development is unlikely to prejudice or compromise the public interest or create an undesirable precedent

 

4.12     Section 5A of the EP&A Act – Significant effect on threatened species

 

Having regard to sections 5A, 5C and 5D of the EP&A Act, there is unlikely to be a significant effect on threatened species, populations or ecological communities, or their habitats as a result of the proposed development because sufficient measures have been demonstrated to minimise any potential adverse impacts on significant vegetation located on the site.

 


 

4.13     Section 5B of the EP&A Act – Have regard to register of critical habitat

 

The NSW Critical Habitat Register does not identify any critical habitat on or adjacent to the site.

 

5.         DEVELOPER CONTRIBUTIONS

 

5.1       Water & Sewer Levies

 

No Section 64 levies will be required.

 

5.2       Section 7.11 Contributions

 

Section 7.11 Contributions will be payable.

 

6.         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: Not applicable

 

7.         CONCLUSION

 

The proposed development is consistent with the relevant environmental planning instruments and planning controls applicable to the site. The proposal raises no significant issues in terms of environmental impacts which cannot be managed and the site is considered suitable for the development. The application is recommended for approval subject to conditions of consent.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                     6.3 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          6.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          6.3 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                        6.3 - Attachment 4

 

CONDITIONS OF CONSENT:

 

SCHEDULE 1   CONDITIONS OF CONSENT

 

 

Parameters of 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:

Illustration 3

Proposed Layout

Balanced Systems Planning Consultants

20 July 2018

Illustration 6

Management Zones Version 3.5

Balanced Systems Planning Consultants

14/04/19

Illustration

Proposed Visual Screening Version 2.1

Balanced Systems Planning Consultants

01/08/18

-

Visual Impact Assessment “Vista Eureka”

Balanced Systems Planning Consultants

July 2018

-

Vegetation Management Plan for Landsharing Community Revision 4

Balanced Systems Planning Consultants

February 2019

1870-01 A

Site Layout Plan and Access Road No 1 and No 2

SDS Civil Enterprises

March 2018

1870-02 A

Site Layout Plan and Access Road No 1 and No 2 (Excluding Aerial)

SDS Civil Enterprises

March 2018

1870-03 A

Civil Infrastructure Roadworks Plan

SDS Civil Enterprises

March 2018

1870-04 to 1870-10

Long Sections for Roads 1 and 2

 

SDS Civil Enterprises

Received 4 April 2018

1870-11 A

Stormwater Drainage and Erosion Control

SDS Civil Enterprises

March 2018

 

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.  

No tree removal

This development consent does not authorise any local native tree to be ringbarked, cut down, lopped, removed or damaged, or caused to be ringbarked, cut down, lopped, removed or damaged in contravention of Byron Development Control Plan 2014 and Development Control Plan 2010 as applicable to the land. 

 

3.  

Bushfire safety measures

This land is identified as being designated bushfire prone land and Under S4.14 of the act, Council must be satisfied prior to making a determination for development on bushfire prone land that the development complies with “Planning for Bush fire Protection 2006”.

 

The Community Management Statement shall contain the following bush fire

outcomes:

 

·    Each new dwelling site shall have a minimum 20 metres asset protection zone

(APZ) around the building envelope. APZ's shall be managed in accordance

with 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';

·    New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS39592009 'Construction of buildings in bushfireprone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006';

·    Each new dwelling shall have a minimum 10,000 litres water supply located

within the APZ for each dwelling;

·    Property access road to dwelling clusters B, C & D shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006' except no alternative access is required. A 5 metre APZ shall be managed on either side of the property access road.

 

4.  

Developer Contributions to be paid

Contributions set out in the schedule below are to be paid to Council prior to the approval of a development application or complying development certificate for any dwelling on sites 3 to 15.  The developer contributions for the dwelling on site 2 must be paid prior to the approval of any development application or complying development certificate for any dwellings on sites 3 to 15.  Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended).  The Plan may be viewed on line at 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 as set out in the schedule may either be paid in full or they may be paid in stages on a proportional basis dependent on the number of dwellings applied for. 

 

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. 

 

 

 

 

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

5.  

Decommission De-husking Facility

The de-husking facility located in proximity to approved Cluster ‘A’ must be decommissioned.  The applicant must provide documentary evidence to the PCA that this condition has been met prior to the issue of a construction certificate for the development.

 

6.  

Previous development consent to be surrendered

Development Consent No. 10.2016.425.1 granted on 28 July 2017 is to be surrendered.  This must be in the form of a written memorandum to Council from the owner of the subject property, in accordance with Clause 97 of the Environmental Planning and Assessment Regulation, 2000.

 

7.  

Road closure application

A permanent road closure application under the provisions of the Roads Act 1993 for the existing paper road identified as Whian Creek Road must be submitted to the relevant road authority.

 

8.  

Landscape Plan - Vegetative Spray Drift Buffer and Visual Screen Buffer

A landscape plan must be prepared for vegetative spay drift buffers in accordance with the approved Vegetation Management Plan prepared by Balanced Systems Planning Consultants dated February 2019 (Revision 4). Guidance on the design and maintenance of such buffers is additionally available from NSW Agriculture and in Planning Guidelines: Separating Agricultural and Residential Land Uses published by the Department of Natural Resources, Queensland.

 

The plan to also include the Visual Screen Buffer plantings. In accordance with the approved plans.

The plan is to be prepared by a suitably qualified landscape architect / ecologist who has appropriate experience and competence in landscaping.  The plan must be approved prior to issue of a Construction Certificate.

9.  

Spray Drift Management Plan

A Spray Drift Management Plan must be prepared to demonstrate appropriate practices for managing spray drift associated with the macadamia orchard on the site and the potential impacts on dwellings within the Rural Land Sharing Community (Multiple Occupancy).

10.

Geotechnical Report required – Engineering Works

A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:

a)      the design of the civil engineering works, including cut & fill batters, has been assessed as structurally adequate; and

b)      adequate drainage has been provided.

 

11.

Sediment and Erosion Control Management Plan required

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins.

 

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

 

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

 

12.

Consent required for works within the road reserve

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

 

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following work:

 

Intersection

 

 

Driveway

Detailed design of Road 1 & Road 2 intersection generally in accordance with SDS Civil Enterprises drawing 1870-03 A, AUSTROADS, AS2890 and NRDC.

·    Any existing driveway crossings rendered unnecessary by this development along Federal Drive are to be removed, and the area restored to match the existing road profile.

·    Any new driveway along Federal Drive must be designed and constructed in accordance with Council’s standard

 

13.

Traffic Management Plan

Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic management plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

The report must incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site.

 

The traffic management plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

 

14.

Access & Parking

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 AS 2890.1-2004: Parking facilities and Part 1: Off-street car parking. Plans are to include, but not be limited to, the following items:

 

a)      detailed design of Road 1 and Road 2 and all driveways to dwelling sites;

b)      detailed survey to be submitted showing ground levels and location of all trees and outcrops within the construction zone of all roads and driveways;

c)      pavement design, comprising an all weather surface, such as asphalt, bitumen seal, concrete, pavers or other similar treatment;

d)      site conditions affecting the access;

e)      existing and design levels;

f)       longitudinal section and cross sections;

g)      Stormwater drainage calculation of proposed cross culverts under the road 1 & 2 and table drains. The following must be provided and satisfied:-

·    Extent of inundation during Q5/Q100 events;

·    Depth of inundation during Q5/Q100 events;

·    Duration of inundation during Q5/Q100 events; and

·    Calculate the v x d product of safety. The v x d must be ≤ 0.40.

h)      Stormwater drainage details including catchment plan;

i)        Stormwater Quality; and

j)        All internal access roads and driveway shall comply with section 4.1.3 (2) of Planning for Bushfire Protection 2006.

 

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

 

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

 

15.

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. When 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.

 

The following conditions are to be complied with prior to any building or construction works commencing

16.

Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property.  The public liability insurance cover, for a minimum of $20 million, is to be maintained for the duration of the construction of the development.  Council is not held responsible for any negligence caused by the undertaking of the works.

17.

Erosion and Sediment Control Management Plan required

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

 

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

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).

 

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

The following conditions are to be complied with during any building or construction works

18.

Protection of Native Trees

All trees nominated to be retained by notation or condition as a requirement of the development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

 

19.

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. 

 

20.

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. 

 

21.

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

 

a.       stating that unauthorised entry to the work site is prohibited, and

b.       showing the name of the person in charge of the work site and a telephone number           at which that person may be contacted outside working hours.

 

Any such sign is to be removed when the work has been completed.

 

22.

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.

 

23.

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.

 

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

 

24.

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.

 

25.

Muted bushland tones external finishes

To ensure the development is compatible with the surrounding environment, colours and finishes are to be muted bushland tones. In this regard white, light or bright colours are not permissible.

 

The following conditions are to be complied with prior issue of an occupation certificate

26.

Vegetation Management Plan

All works required as a minimum up to Year 2 of the Vegetation Management Plan to be completed prior to the issue of the Occupation Certificate. A Certified Progress Report demonstrating that all actions for Years 1 and 2 have been completed as required in the VMP to be submitted with the Application for the Occupation Certificate. 

 

27.

Vegetative Spray Drift Buffer

Plantings works for the vegetative spray drift buffer must be completed in accordance with the approved Landscape Plan and Vegetation Management Plan prepared by Balanced Systems Planning Consultants dated February 2019 (Revision 4) prior to issue of an Occupation Certificate.

 

28.

Screen plantings

Screen plantings in accordance with stamp approved “Illustration: Proposed Visual Screening” Version 2.1 dated 01/08/18 and “Visual Impact Assessment (Vista Eureka)” dated July 2018 and the approved landscape plan must be completed prior to issue of an Occupation Certificate.

29.

Rural Landsharing Management Plan

A Rural Landsharing Management Plan (RLMP) to be prepared and submitted to Council in accordance with Byron DCP 2014 prior to the issue of the Occupation Certificate. The plan to provide for the collective management and decision making of the community by shareholders. The plan to also include measures to or for:

 

a)   Limit the number of dwellings per site to one dwelling house only prohibiting dual occupancies and secondary dwellings.  

b)   Management of the Macadamia Plantation and internal Land Use Conflicts as per the LUCRA Report by Balanced System Planning Consultants

c)   First Flush or Bypass Devices for rainwater tanks used for domestic/ residential purposes with a minimum supply of 40,000 litres excluding bushfire requirements

d)   Restrict the use of reflective or white cladding or roofing 

e)   Screen Plantings and landscaping as per Visual Impact Assessment dated July 2018.

f)    Bushfire Safety Measures as per the Conditions of this consent

g)   Restrictions on the Keeping of Cats and Dogs

 

30.

Approval to Operate required – Existing Sewage management Systems

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'.

 

Documentary evidence must be provided to Council to demonstrate that this condition has been fulfilled prior to the issues of an Occupation Certificate.

 

31.

Intersection and access driveway construction to be completed

Intersection and access driveway are to be constructed in accordance with the approved plans and Roads Act consent.

 

32.

Works-As-Executed Plans

Following completion of works, Work-as-Executed Drawings, together with a Work-As-Executed Certification Report, in accordance with Council’s requirements are to be submitted to Council. Two categories of Work-as-Executed Drawings are to be submitted to Council, being

Amended Design Work-as-Executed Drawings and Summary Work-as-Executed Drawings.

 

Amended Design Work-as-Executed Drawings, being certified copies of all approved design plans with as constructed departures, deletions and additions clearly noted and detailed on the plans, are to be submitted to Council in the following formats:-

a)    One (1) paper copy at the same scale and format as the approved design plans, but, marked appropriately for as constructed information and with original signatures; and

b)    An electronic copy of above in PDF format and provided to Council on CD, DVD or via email.

 

Note: Council’s requirements are detailed in Council’s adopted engineering specifications, currently the Northern Rivers Local Government Development Design and Construction Manuals, and on Council’s website.

 

33.

Stormwater drainage work

SEngineering certification must be submitted certifying all Stormwater drainage works including stormwater quality improvement devices for the development must beare constructed in accordance with the approved plans and specification. prior to issue of an occupation certificate.

 

34.

Electricity Supply Certificate

Written evidence from an electricity supply authority is to be submitted with the application stating that satisfactory arrangements have been made for the provision of electricity supply throughout the development.

 

35.

Fibre-ready Facilities and Telecommunications Infrastructure

Prior to the issue of the occupation certificate in connection with a development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

(i)           the installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

(ii)           the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier.

(Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

 

36.

Maintenance Bond

A maintenance bond of 5% (minimum bond amount of $1,000.00) of the value of the intersection works constructed is to be lodged with Council.  A copy of the contract construction cost of the intersection works is to be submitted with the bond. The maintenance period is 6 months in accordance with Council’s current Design & Construction Manuals and will commence upon the works accepted for on-maintenance. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

 

37.

Record of Infrastructure

A record of infrastructure coming into Council ownership, upon registration of  the completion of the intersection works, is to be submitted to Council.  The information is to be submitted in the form of Council’s Standard Form titled “Asset Creation Record”.  This form is available from Council’s Local Approvals Section.

 

38.

Road Closure to be completed

Documentary evidence must be submitted to Council demonstrating completion of the permanent road closure of the existing paper road identified as Whian Creek Road in accordance with the Roads Act 1993.

 

All separate parcels of land are to be consolidated into one allotment and registered with NSW Land Registry Services prior to issue of an Occupation Certificate.

39.

Restriction on the keeping of cats and dogs

A restriction as to use is required to prohibit the keeping of dogs and cats on the land other than “assistance animals” as defined by the Companion Animals Act 1998. Documentary evidence is required to demonstrate that a restriction via a Section 88E instrument is registered with NSW Land Registry Services prior to issue of an Occupation Certificate.

 

40.

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 including approvals issued under the Local Government Act 1993 and the Roads Act 1993, 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.

 

41.

Compliance with bushfire conditions

Documentary evidence from a suitably qualified professional is to be submitted demonstrating that the bush fire condition of this Notice of Determination regarding access has been complied with.

 

 

 

 

The following conditions are to be complied with at all times

42.

Screen plantings

Screen plantings in accordance with stamp approved “Illustration: Proposed Visual Screening” Version 2.1 dated 01/08/18 and “Visual Impact Assessment (Vista Eureka)” dated July 2018 and the approved landscape plan must be maintained at all times.

43.

Vegetation Management Plan

The action prescribed in the approved Vegetation Management Plan to be complied with at all times. Copies of the Certified Progress Reports are to be submitted with future Development Applications for dwelling houses demonstrating how compliance has been met with.

 

SCHEDULE 2   PRESCRIBED CONDITIONS

 

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98        Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A     Erection of signs

Clause 98B     Notification of Home Building Act 1989 requirements

Clause 98E     Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

 

 

SCHEDULE 3 REASONS FOR DECISION, HOW COMMUNITY VIEWS WERE ADDRESSED

 

 

Statement of Reasons

The proposed development complies with the provisions of Byron Local Environmental Plan 1988 and 2014.

The proposed development complies with relevant State Environmental Planning Policies

The proposed development complies with relevant provisions of Development Control Plan 2010 and 2014

The proposed development will not have significant adverse impacts on the natural, built or social environment or economic impacts on the locality.

The proposed development is considered suitable for the proposed site.

The proposed development is unlikely to prejudice or compromise the public interest.

 

How community views were addressed

The DA was advertised in accordance with Level 2 notification as per Development Control Plan 2014. All issues raised within submissions have been taken into consideration in determining this application.

 

 

SCHEDULE 4            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

 

Principal Certifying Authority:

Work must not commence until the applicant has:-

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

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

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

 

Occupation Certificate required:

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

 

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.

 

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 being issued pursuant to section 4.2(1) of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 9.50 of the Environmental Planning & Assessment Act 1979.

 

Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications. Any plumbing inspections required under a Section 68 Approval are to occur in accordance with that approval.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     6.4

 

 

Report No. 6.4             PLANNING - 10.2019.42.1 Boundary Adjustment 2 lots into 2 lots at 1660 and 1670 Coolamon Scenic Drive MULLUMBIMBY

Directorate:                 Sustainable Environment and Economy

Report Author:           Heidi Hutchinson, Planner

File No:                        I2019/591

                                       

 

 

Proposal:

 

DA No:

10.2019.42.1

Proposal description:

Boundary Adjustment

Property description:

LOT: 24 DP: 1089627, LOT: 23 DP: 1089627

1670 Coolamon Scenic Drive MULLUMBIMBY, 1660 Coolamon Scenic Drive MULLUMBIMBY

Parcel No/s:

239799, 239798

Applicant:

Mr R E Darney

Owner:

Mullumbimby Rural Co-operative Society Ltd

Zoning:

RU1 Primary Production / PART DM Deferred Matter 1B1 Agricultural Protection

Date received:

16 January 2019

Integrated / Designated Development:

    Integrated

    Designated

    Not applicable

Concurrence required

DPE – SEPP 1 variation

Public notification or exhibition:

-    Level 0 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    No Submissions were received

Variation request

    Clause 4.6

    SEPP 1

    Not applicable

Delegation to determination:

Council

Issues:

·    SEPP 1 variation to LEP 1988

 

Summary:

 

The proposed development is for the adjustment of boundaries between 2 lots to add an area of land of approximately 1,106mto the Mullumbimby Rural Co-operative from the adjacent farm. The proposed boundary adjustment is considered to meet the requirements under Byron LEP 2014, however as part of the site is still zoned 1(b1) under Byron LEP 1988, a SEPP 1 Variation is required to vary the 40Ha development standard. The proposal was referred to the Department of Planning and Environment who issued concurrence in this instance.

 

The proposal raises no significant issues in terms of environmental impacts and the site is considered suitable for the development. The application is recommended for approval subject to conditions of consent.

 

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 4.16 of the Environmental Planning & Assessment Act 1979, development application no. 10.2019.42.1 for Boundary Adjustment, be granted consent subject to conditions of approval listed in attachment 1 (#E2019/27699).

 

Attachments:

 

1        Proposed conditions of Consent.pdf, E2019/27699 , page 325  

2        Proposed Plan, E2019/27698 , page 328  

3        SEPP 1 Concurrence from DPE, E2019/31708 , page 329  

 

 


 

REPORT

 

 

Assessment:

 

1.1.          History/Background

 

DA10.2009.425.1 – Above ground Fuel Tanks – Approved 17/9/09

DA10.2018.536.1 – Storage Shed – Approved 25/10/18

 

1.2.          Description of the proposed development

 

This application seeks approval for Boundary Adjustment between Lot 23 and Lot 24 DP 239798. The boundary adjustment would add 1,106m2 to Lot 24 creating resultant lots as outlined below:

 

·    Lot 24 (proposed lot 30) – 5,153m2

·    Lot 23 (proposed lot 31) – 8.59ha.

 

Screening is proposed to the southern boundary with lilli pillis and stock fencing is existing. As the site includes RU1 land under LEP 2014 and 1B1 land under LEP 1988, the proposed boundary adjustment requires referral to DPE for concurrence as no controls exist for the adjustment of boundaries within LEP 1988 and as such are a variation to subdivision development standards.

 

The minimum lot size for 1B1 zoned Agricultural Protection land is 40ha.

 

 

 

Figure 1 – Existing lots

 

 

Figure 1 – Proposed adjustment

 

1.3.          Description of the site

 

Land is legally described as

LOT: 24 DP: 1089627, LOT: 23 DP: 1089627

Property address is

1670 Coolamon Scenic Drive MULLUMBIMBY, 1660 Coolamon Scenic Drive MULLUMBIMBY

Land is zoned:

RU1 Primary Production / PART DM Deferred Matter

Land area is:

4047 m2

Property is constrained by:

Flood Liable Land  Acid Sulfate Soils Class 4         

 

SUMMARY OF REFERRALS

 

DPE (SEPP 1 Concurrence)

Referred to DPE for concurrence regarding SEPP 1 objection for variation to minimum subdivision lot size.

The minister has provided concurrence for the following reasons:

·    the variation of the development standard will enable the orderly development of the subject lands;

·    the area of land zoned 1(b1) Rural Protection is already smaller than the development standard; and

·    there is no public benefit in maintaining the development standard in this instance.

 

Development Engineer

No objections, subject to conditions of consent.

 

2.   SECTION 4.15C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard to the matters for consideration detailed in Section 4.15(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.

 

2.1.          State Environmental Planning Instruments

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 1 – Development Standards

Consideration: The site is split zoned a portion of the site being under the Byron LEP 1988 and the rest under Byron LEP 2014, concurrence is requested for variation to the 1988 LEP regarding minimum subdivision Lot size as the minimum lot size for 1B1 land is 40ha. The applicant has lodged a SEPP 1 objection and provided that the boundary adjustment is required to allow for expansion of the Mullumbimby Rural Co-Operative and to correct encroachments onto the neighbouring farm.

 

The small reduction in farm area will not have an adverse impact on the ability of the property to  be used for agricultural purposes which is currently utilised for the grazing of livestock, whilst the additional land will provide further area for the Co-operative to expand in terms of outdoor storage and as a buffer to more intensive agricultural activities. The proposal does not create any additional lots or dwelling entitlements. The SEPP 1 Objection was granted concurrence by DPE for the following reasons:

 

·    the variation of the development standard will enable the orderly development of the subject lands;

·    the area of land zoned 1(b1) Rural Protection is already smaller than the development standard; and

·    there is no public benefit in maintaining the development standard in this instance.

 

The proposal can therefore be supported in this instance as strict compliance with the minimum lot size is not warranted having regards to the circumstances of the proposal.

 

State Environmental Planning Policy No 55—Remediation of Land

Proposed boundary adjustment raises no issues under the SEPP in terms of contamination.

State Environmental Planning Policy (Coastal Management) 2018

Proposed boundary adjustment raises no issues under the SEPP in terms of the management of coastal land.

 

4.2A  Byron Local Environmental Plan 2014 (LEP 2014)

 

LEP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act because it applies to the subject land and the proposed development. The LEP 2014 clauses that are checked below are of relevance to the proposed development:

 

Part 1

1.1| 1.1AA| 1.2| 1.3| 1.4| Dictionary| 1.5| 1.6| 1.7| 1.8| 1.9

Part 2

2.1| 2.2 | 2.3 |Land Use Table

Part 4

4.1|4.1C|4.3

Part 5

5.10

Part 6

6.1| 6.3

 

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a)     The proposed development is defined in the LEP 2014 Dictionary as Subdivision - Boundary Adjustment;

(b)     The land is within the RU1 Primary Production / PART DM Deferred Matter according to the Land Zoning Map;

(c)     The proposed development is permissible with consent; and

(d)     Regard is had for the Zone Objectives as follows:

 

Zone Objective

Consideration

To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

Lot 23 will be reduced by 1106m2. This space will create a 10m wide buffer between lot 23 (cattle grazing) and Lot 24 Mullumbimby rural co-operative. The applicant has advised that the 10m buffer will be screened with native lili pili trees and allows for the continued use of agricultural activities and rural character of the land.

To maintain the rural landscape character of the land.

To provide for a range of compatible land uses, including extensive agriculture.

To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.

To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

The only visible change is the potential for viewing of more trees and is considered appropriate.

 

Clause 4.1C Minimum subdivision lot size for boundary adjustments in certain rural and residential zones

The proposed boundary adjustment subdivision meets the requirements of Clause 4.1C in that:

·    Both lots will remain under the minimum lot size of 40ha

·    No additional lots or dwelling entitlements will be created

·    Will not further fragment the land

·    Will reduce land use conflict

·    Will maintain the rural character of the land

 

Clause 5.10 Heritage

Lot 23 contains a local heritage conservation item (I131 – Mullumbimby House). A  Statement of Heritage Impact has been provided with the proposed development in accordance with this clause. The report advises The report from Kate Gahan (Refer Annexure 5), Statement of Heritage Impact (December, 2018) provides that the "heritage values remain intact as a result of the boundary adjustment."

 

Clause 6.1 Acid Sulfate Soils

The site is mapped as potentially containing class 4 Acid Sulfate Soils. The proposed development involves no works that will:

·    Be more than 2 metres below the natural ground surface or;

·    Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.

 

Clause 6.3 Flood Planning

Both Lot 23 and 24 are mapped as flood prone. The boundary adjustment is considered minor and will not provide additional dwelling entitlements to either lot. The maximum 16m strip of land provided to lot 24 will serve as a buffer with no development proposed within this area. The site is flood prone, potential Class 4 ASS and heritage listed therefore any development will not meet the requirements of the Code SEPP and will require a DA in future. The DA was referred to Council’s Development Engineers who have provided comment that the boundary adjustment will not impact flood levels (refer to Doc# A2019/4065)

 

4.2B  Byron Local Environmental Plan 1988 (LEP 1988)

 

LEP 1988 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act because it applies to the subject land and the proposed development. The LEP 1988 clauses that are checked below are of relevance to the proposed development:

 

Part 1

1| 2| 2A| 3| 4| 5| LEP 1988 Dictionary| 7

Part 2

8| 9

Part 3

10| 11| 63

 

In accordance with LEP 1988 clauses 5, 8 and 9:

(a)     The proposed development is defined in the LEP 1988 Dictionary as subdivision;

(b)     The land is partially zoned 1B1 Agricultural Protection within the LEP1988 according to the map under LEP 1988;

(c)     The proposed development is permissible with consent; and

(d)     The proposed development is consistent with the relevant objectives of the Zone for the following reasons:

 

Zone Objective

Consideration

to protect and enhance the long term potential of the Shire of Byron through the preservation of the higher quality agricultural land within the zone and to restrict all forms of development within the zone which, in the opinion of the council, might prejudice such potential,

No works are proposed within the 1B1 zone. The boundary adjustment will impact the zone in so far as a reduction of land by 1106m2 to allow a buffer between the existing rural co-op and the adjoining farm. This will allow for on-going farming activities whilst establishing an appropriate buffer to the existing development on lot 24. The proposed adjustment of the boundaries (subdivision under LEP 1988) is minor in nature and the outcome is not expected to increase fragmentation or create traffic generating uses.

to prevent fragmentation of rural holdings and to encourage consolidation of lot sizes for the purposes of agricultural and horticultural production,

to enable agricultural support facilities to be carried out on land within the zone in a manner which does not significantly reduce the agricultural and horticultural production potential of land in the locality,

to permit subdivision only where it is considered by the council to be necessary to maintain or increase agricultural production or to allow the conduct of any use permitted in this zone other than residential buildings, or where proven demand for legitimate agricultural or horticultural holdings of a smaller size is established,

to restrict the establishment of inappropriate traffic generating uses along main road frontages, and

to establish appropriate buffer zones between high quality agricultural land and other uses, particularly near the perimeter of such lands.

 

Clause 11 – Subdivision in rural areas for agriculture etc

Both Lots 23 and 24 are split zoned RU1 Primary Production (LEP 2014) and 1B1 Agricultural Protection (LEP 1988). The minimum lot size for land zoned 1B1 is 40ha under clause 11. Lot 23 currently contains an area of 8.70ha and lot 24 currently contains an area of 4,047m2. The boundary adjustment affects only the RU1 zoned land but in effect reduces lot 23 to 8.59ha and increases lot 24 to 5,153m2.

 

The proposed variation to minimum subdivision size is as follows:

 

·    Lot 23: proposed 8.59ha, required 40 ha, current variation to Development standard before lodgement of this DA 78%.  The proposed change from the original lot size with this DA is a reduction of 1.2%

 

·    Lot 24: proposed 5,152m2, required 40ha, current variation to Development standard before lodgement of this DA 98%. The proposed change from the original lot size with this DA is an increase in 27%

 

As such, the proposed development does not meet the development standards of this clause within the LEP 1988. A SEPP 1 objection was therefore lodged and concurrence granted by the Minister of Planning, refer to doc#E2019/27454.

 

As both lots will remain under the 40ha minimum lot size requirement, the subdivision will not create the potential for additional lots or dwelling entitlements. In effect, maintaining of the development standard in this instance has not benefit to the public and is considered unnecessary to maintain.

 

4.3       Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

 

No Draft EPIS’s affect the proposal.

 

4.4A  Byron Shire Development Control Plan 2014 (DCP 2014)

 

Part C1 – Heritage

No works are requested to be undertaken other than screening along the southern boundary with lilli pilli trees and existing stock proof fencing as required that is in keeping with the area. The Heritage Impact Statement provided advises heritage values remain intact as a result of the boundary adjustment and therefore, no further information is required.

 

Part C2 – Areas affected by flood

Both lots are mapped on Council’s mapping as being flood prone. The DA was referred to Council’s Development Engineers who have provided comment that the boundary adjustment will not impact flood levels (refer to Doc# A2019/4065)

 

Part D6 – Subdivision

Services exist to both allotments. The proposed boundary adjustment won’t compromise the location of services. Conditions of consent to apply.

 

4.4B  Byron Shire Development Control Plan 2010 (DCP 2010)

 

Chapter 1 Part B Subdivisions is of relevance to the proposal. The following comments are provided.

 

B2.6 Rural Areas

The proposed development is for an adjustment of boundaries specifically on land zoned RU1 Primary Production under LEP 2014. However, the site is split zoned and contains land zoned 1B1 Agricultural Protection under LEP 1988. There is no expected impact due to a minor adjustment of boundaries, no dwelling entitlements are created and the change in lot size will continue to allow for access, maintainable paddock size and increase buffers.

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

 

Yes

No

Is there any applicable planning agreement or draft planning agreement?

 

 

4.6       Environmental Planning & Assessment Regulation 2000 Considerations

 

Clause

This control is applicable to the proposal:

I have considered this control as it relates to the proposal:

If this control is applicable, does the proposal comply?

92

Yes

Yes

Yes

93

No

NA

NA

94

No

NA

NA

94A

No

NA

NA

* Non-compliances and any other significant issues discussed below

 

4.7       Any COASTAL ZONE MANAGEMENT PLAN?

 

 

Satisfactory

Unsatisfactory

Not applicable

Is there any applicable coastal zone management plan?

 

 

 

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

 

Impact on:

Likely significant impact/s?

Natural environment

No. The proposal will not have a significantly adverse impact on the natural environment of the locality.

Built environment

No. The proposal will not have a significantly adverse impact on the built environment of the locality.

Social Environment

No. The proposal will not have a significant social impact on the locality.

Economic impact

No. The proposal will not have a significant economic impact on the locality.

 

4.9       The suitability of the site for the development

 

The proposed boundary adjustment raises no issues in terms of site suitability.

 

4.10     Submissions made in accordance with this Act or the regulations

 

No Submissions were received.

 

4.11     Public interest

 

The proposed development is unlikely to prejudice or compromise the public interest or create a dangerous precedent

 

5.         DEVELOPER CONTRIBUTIONS

 

The proposal raises no nexus to levy contributions or headworks charges.

 

6.         REASONS FOR DECISION, HOW COMMUNITY VIEWS WERE ADDRESSED

Note: From July 1 2018, Council’s are required to give and publicly notify reasons for a range of planning decisions where they are deciding if development should proceed to help community members to see how their views have been taken into account and improve accountability to stakeholders. A statement of reasons for the determination of this application is provided below.

 

Statement of Reasons

The proposed development complies with the provisions of Byron Local Environmental Plan 1988 and 2014.

The proposed development complies with relevant State Environmental Planning Policies

The proposed development complies with relevant provisions of Development Control Plan 2010 and 2014

The proposed development complies with Environmental Planning & Assessment Regulation 2000 considerations.

The proposed development complies with the Coastal Zone Management Plan.

The proposed development will not have significant adverse impact on the natural, built or social environment or economic impacts on the locality.

The proposed development is considered suitable for the proposed site.

The proposed development is unlikely to prejudice or compromise the public interest.

The proposed development will not have a detrimental impact on the heritage character of the precinct or the buildings contained on the site. It is considered consistent with the heritage provisions contained within Clause 5.10 of Local Environmental Plan 2014.

The proposed development will not have a detrimental impact on the heritage character of the precinct or the buildings contained on the site. It is considered consistent with the heritage provisions contained within Development Control Plan 2014.

 

How community views were addressed

The DA did not require advertising or notification as per Development Control Plan 2014 or Development Control Plan 2010.

 

7.         CONCLUSION

 

The proposed boundary adjustment between the Mullum Co-operative and the adjacent farm does not create any additional lots or dwelling entitlements and has little to no impact on the built or natural environment. The proposal is consistent with Councils planning controls and does not prejudice the public interest. The application is recommended for approval subject to conditions of consent.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          6.4 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          6.4 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          6.4 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     6.5

 

 

Report No. 6.5             PLANNING - Exceptions of Development Standards 1 January 2019 to 31 March 2019

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Manager Sustainable Development

Noreen Scott, EA Sustainable Environment and Economy

File No:                        I2019/639

                                       

 

 

 

Summary:

 

This report is provided as a requirement of the NSW Department of Planning Circular PS17-006, for reporting on exceptions to development standards for applications made under clause 4.6 of the Standard Instrument LEP and Clause 6 of SEPP 1.

 

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 Council note the report on exceptions to development standards for the period 1 January 2019 to 31 March 2019.

 

 

 

 


 

REPORT

 

This report is provided as a requirement of the NSW Department of Planning Circular PS17-006, for reporting on exceptions to development standards for applications made under clause 4.6 of the Standard Instrument LEP and clause 6 of SEPP 1.

 

SEPP 1 applies to development applications submitted under Byron Local Environmental Plan 1988. Clause 4.6 applies to development applications submitted under Byron LEP 2014.

 

The period of reporting is for 1 January 2019 to 31 March 2019 for the following DAs:

 

DA No.

10.2017.678.1

Development

Demolition of existing buildings and construction of two (2) residential flat buildings, containing 17x3 bedrooms and 2 x 4 bedroom dwellings including swimming pool, landscaping, basement car parking and strata subdivision.

Property:

17-21 Shirley Street BYRON BAY

 

Lot and DP:

LOT: 1 DP: 1098133, LOT: 3 SEC: 52 DP: 758207

Zoning:

R3 Medium Density Residential (LEP 2014); 7(f2) Coastal Lands (LEP 1988

Development Standard being varied

BLEP 2014 Cl.4.3 9.0m building height limit

Justification

The proposed non-compliance with the building height was attributed to the existing variation in the level of the land.  The building is lower than the approved adjoining buildings to the east.

Extend of variation

The maximum height of roofs of the buildings is:
Building No. 1 - 9.77m (8.6% variation)
Building No. 2 - 9.88m (9.8% variation)

The written request indicated that a small section of the roof parapet safety rail of Building No. 2 has a height of 9.99m (11% variation) above existing ground level.

Concurrence

Assumed concurrence

Determination Date

21/02/2019

Determined by

Council

 

DA No.

10.2018.529.1

Development

Demolition of an Existing Bed and Breakfast Establishment  and construction of a new Garage and Studio Building to be Completed in Three Stages

Property:

657B Broken Head Road BROKEN HEAD

Lot and DP:

Lot 4 DP 713515

Zoning:

RU2 Rural Landscape/DM Deferred Matter

Development Standard being varied:

BLEP 1988 Clause 40 (2) (b) (i) - The proposed upper floor level of the studio over the garage building does not comply with the maximum permitted topmost floor level of 4.5m.

Justification

The development did not raise any matter of significance from a planning perspective. The building is overall lower in height than the building being demolished on the same site.

Extent of variation

5.5% Variation to upper most floor of studio over garage

Concurrence

Assumed concurrence

Determined Date

22/2/2019

Determined By

Delegation Director

 

DA No.

10.2018.634.1

Development

Demolition of Existing Dwelling House and Construct new dwelling house and swimming pool

Property:

1 Brownell Drive BYRON BAY

Lot and DP:

LOT: 1 DP: 112343

Zoning:

R2 Low Density Residential

Development Standard being varied:

BLEP 2014 - Clause 4.3 Height of BuildinG and Clause 4.4 Floor Space Ratio

Justification

DA REFUSED under delegation. Clause 4.6 variation requests for breaches of maximum height and floor space ratio were not supported:
a. The extent of the non-compliance with the required development standards is excessive, being more than 38% of the permissible 0.4:1 Floor Space Ratio and 18% of the permissible 9 metre height of building;
b. There are no specific characteristics of the site or environmental planning grounds that justify a variation to principal development standards;
c. The proposal would  set an undesirable precedent; and
d. It is considered contrary to the public interest.

Extent of variation

More than 38% of the permissible 0.4:1 Floor Space Ratio and 18% of the permissible 9 metre height of building.

Concurrence

DA refused concurrence not applicable

Determined Date

11 /03/2018

Determined By

Delegation Director

 

 

DA No.

2018NTH007 DA (10.2017.661.1)

Development

Subdivision of Six (6) Lots into One Hundred and Eighty Six (186) Lots consisting of One Hundred and Sixty Three (163) Residential Lots, Fourteen (14) Super (Master) Lots, Two (2) Business Lots, Two (2) Industrial Lots, One (1) Recreation Lot and Four (4) Residue Lots.

Property:

364, 394, 412 Ewingsdale Road, / Melaleuca Drive

Byron Bay

Lot and DP:

LOT: 1, LOT: 2, LOT: 1, LOT: 2, LOT: 1, LOT: 7020

DP: 201626, DP: 542178, DP: 780242, DP: 818403, DP: 520063, DP: 1113431

Zoning:

R2 Low density residential, R3 Medium density residential, IN2 Light industrial, B1 Neighbourhood Centre, RE1 Public recreation, E2 Environmental conservation, E3 Environmental management, 7(a) Wetlands, 7(b) Coastal Habitat.

Development Standard being varied

BLEP 1988 - Clause 11 Subdivision in rural areas for agriculture etc

Justification

 

 

Extend of variation

84%, 60%

Concurrence

Assumed concurrence

Determination Date

14/02/2019

Determined by

Joint Regional Planning Panel

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 4:   We manage growth and change responsibly

4.1

Support the visions and aspirations of local communities through place-based planning and management

4.1.3

Manage development through a transparent and efficient assessment process

4.1.3.1

Assess and determine development applications

 

Legal/Statutory/Policy Considerations

 

The report is provided as a requirement of NSW Department of Planning circular PS 17-006. This circular can be viewed at http://www.planning.nsw.gov.au/~/media/Files/DPE/Circulars/planning-circular-variations-to-development-standards-2017-12-19.ashx

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     6.6

 

 

Report No. 6.6             PLANNING - 10.2013.587.6 S4.55 for Minor Changes to Approved Plans and Amendments to Easements and Hours of Operation and Removal of Requirement to Comply with Council's Airspace Policy at 108-110 Jonson Street BYRON BAY  NSW  24

Directorate:                 Sustainable Environment and Economy

Report Author:           Stephen McCarthy, Building Certifier

File No:                        I2019/641

                                       

 

 

 

Proposed modification:

S4.55 for Minor Changes to Approved Plans and Amendments to Easements and Hours of Operation and Removal of Requirement to Comply with Council's Airspace Policy

Original Development:

Redevelopment of existing shopping centre to create a ground floor supermarket, first floor retail shops, restaurants, bowling ally (recreation facility), art gallery (commercial premises), cinema complex (place of assembly), two levels of basement car parking, terrace over Jonson Street road reserve, associated works and subdivision of four (4) allotments into two (2) lots.

Type of modification sought:

 

 

 

 

Property description:

LOT: 7 DP: 619224, LOT: 6 DP: 619224, LOT: 8 DP: 617509, LOT: 9 DP: 617509

108-110 Jonson Street BYRON BAY, 98-106 Jonson Street BYRON BAY, 112-114 Jonson Street BYRON BAY

Parcel No/s:

116180, 116190, 34840, 177890

Applicant:

Mercato on Byron Pty Ltd CARE Urbis Pty Ltd

 

Owner:

Wingate Byron Property Holdings Pty Ltd &  Task Group Services Pty Ltd

Zoning:

B2 Local Centre

S4.55(1A) Date received:

14 March 2019

Original DA determination date:

20/11/14

Integrated Development:

Yes – NSW Office of Water (General Terms of Approval for Dewatering) Controlled Activity Approval (this modification did not trigger re referral to integrated agency).

Public notification or exhibition:

-    Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 4 April 2019 to 17 April 2019

-    Submissions received: Nil.

Delegation to determination:

Council

 

Issues:

·    Amendment to Airspace Policy for balconies over Council land (Jonson Street footpath).

·    Noise from Balconies.  

 

Summary:

An application has been received seeking to:

·    Modify the approved plans listed under Condition No. 1, to reflect certified construction plans including changes to balcony doors opening onto balconies fronting Jonson Street;

·    Modify approved plans to reflect proposed subdivision plans (between Mercato site and old Woolworths site);

·    Amendment to easement condition wording to allow interim Occupation Certificate.

·    Amendment to conditional hours of operation of retail tenancies, restaurants and gallery.

·    Amendment to Airspace Policy for balconies over Council land (Jonson Street footpath)

 

The proposed requested changes are generally supported except for the change to the condition requiring compliance with the Airspace Policy for the balconies over Council’s Jonson Street Footpath.

 

The proposed development is considered to be substantially the same development, having regard to relevant matters for consideration under Section 4.55 of the EPA Act 1979. The application is recommended for part approval subject to conditions and part refusal.

 

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 4.55 of the Environmental Planning & Assessment Act 1979, Application No. 10.2013.587.6:

 

a)         Minor Changes to Approved Plans and Amendments to Easements and Hours of Operation, be approved by modifying Development consent number 10.2013.587.6 as in Attachment 2 (E2019/31159);

 

b)      The deletion of condition 23 being the requirement to comply with Byron Shire Council’s Airspace Policy be refused.

 

Attachments:

 

1        Amended plans to accompany Council report, E2019/31134 , page 343  

2        Amended consent conditions, E2019/31159 , page 359  

 

 


 

SECTION 4.55 APPLICATION REPORT

 

1.   INTRODUCTION

 

1.1.       History/Background

 

The following development consent over the subject site is noted:

 

10.2013.587.1     Development consent was issued on 26 November 2014 for “Redevelopment of existing shopping centre to create a ground floor supermarket, first floor retail shops, restaurants, bowling ally (recreation facility), art gallery (commercial premises), cinema complex (place of assembly), two levels of basement car parking, terrace over Jonson Street road reserve, associated works and subdivision of four (4) allotments into two (2) lots.”

 

10.2013.587.2     Section 96 application lodged 18 February 2015 seeking to delete Condition No.54 of development consent 10.2013.587.1. Condition No.54 requires a formal agreement between Council and the proponents regarding leases and future point of sale contracts, application approved 21 May 2015.

 

10.2013.587.3               Section 96 application seeking to modify conditions relating to signage, amenity of neighbourhood , availability of parking, traffic, construction staging, roof height, stormwater, site waste management, flood planning, pipelines, landscaping, excavation, public safety, water pollution, public art and services, approved 21 May 2015.

 

10.2013.587.4     Section 96 application seeking to modify conditions relating to the addition of roof top screen enclosures and other internal and external modifications, approved 17 May 2018.

 

10.2013.587.5     S455 application to modify Council condition No. 23 relating to Council requirement to install a roundabout to Carlyle Street. This application is currently being assessed by Council staff.

 

Occupation Certificates Issued by Council as Principle Certifying Authority (PCA)

 

13.2013.587.1     issued by Council as PCA on 24 December 2018 for use of basement carpark levels and occupant access/ egress from basement levels.

 

13.2013.587.5     issued by Council as PCA on 2 April 2019 Interim Occupation Certificate for remainder of base building excluding balconies over Council footpath until a lease agreement is in place. The issue of the base building Occupation Certificate facilitated the issue of the retail tenancy fitout Occupation Certificates including Woolworths and Palace Cinemas. Other specialty shop tenancies have also received their Occupation Certificates for fitouts.

 

1.2.       Description of the Proposed Modification to the Development

 

1.       Condition No. 1 – Amend the approved Plans

This application seeks consent to modify the approved plans to align with the internal layout, which has been refined to meet tenancy demand and needs. The changes to the tenancy layout have resulted in changes to the Gross Floor Area (GFA) with a reduction of approximately 113m² across the entire development. A change is also requested to the access doors from Tenancies T08 and T09 onto balconies which are constructed over Jonson Street. The door change proposed is from double leaf doors to bifold/ stackers.

 

Comments: The changes to the internal layout are considered to be minor changes and the reduction in GFA is not considered to have any off site impacts or alter constructed car parking numbers. The change to T08 and T09 door openings size have been assessed in relation to amenity impact on adjacent properties and this change is not considered to significantly contribute to off site impacts from the development. The changes in plans currently before Council reflects certified construction plans and allows the tenants of T08 & T09 to open up their tenancies to make use of their leased floor area which include balconies over Council’s Jonson Street footpath. For details please see Attachment A for plans showing changes.

 

2.       Condition No.3 – Amend the Hours of operation:

Consent is sought to amend the hours of operation for the centre to be uniform for all tenancies regardless of use.  With the amended condition the centre will have the flexibility to operate to the maximum stated hours. Each tenancy is not obligated to operate to these maximum opening hours.

 

Current Condition;

3)   Hours of operation

The hours of operation for retail uses are limited to the following:

·        Monday - Saturday 7.00am to 6.00pm & Sunday 7.00am to 4.00pm.

The hours of operation for the restaurants and art gallery are limited to the following:

·        Monday to Saturday 7.00am to midnight (12:00am) and Sunday 7.00am to 10.00pm.

The hours of operation for the cinema and bowling alley are not limited. 

 

Proposed Condition;

3)   Hours of operation

The hours of operation for retail uses, restaurants and gallery is limited to the following:

·        Monday to Sunday 6.00am to midnight (12:00am).

The hours of operation for the cinema are not limited. 

The loading or delivery of goods to, or the removal of waste from, the premises—only be carried out between 7.00 am and 7.00 pm on any day

 

Comments: The change to approved operating hours as recommended is supported as this allows the centre’s uses to operate to meet retail demands commonly found at other like centres. It is noted there is no longer a bowling alley as part of the development. Limiting loading dock delivery times under this condition confirms no change to approved loading dock use times. Extended (24 hour) trading hours over the Christmas period is currently permitted as exempt development in State Government Planning Policies and it is not necessary to state this in this condition. Having regards to the centre’s location in the heart of the Byron CBD it is considered the extension of the trading hours as proposed can be supported.

 

3.       Condition No.23i – delete the requirement for the airspace lease of the balconies over the road reserve. 

The applicant has submitted that

 

“This new policy has been introduced after the original DA approval for the Mercato on Byron shopping centre application and was not anticipated in the feasibility of the centre. The balconies located over the road reserve are of public benefit as they provide shelter to the pedestrian pathways located below. The leasing fee associated with the newly introduced policy would place the balconies as unfeasible, as the space that is located on the balcony is not leasable area.

 

The area located on the balcony is allocated for tenancy seating and therefore has limited opportunity to recapture the lost revenue. Yet, the balcony seating area provides a public realm benefit as it creates opportunity for public surveillance and engagement with the streetscape.

 

With a leasing fee introduced over balcony areas, the centre would be required to be redesigned as the leasing charges as unsustainable as an ongoing cost. If the balconies were to be redesigned and located back from the road reserve, it would bring a lesser design outcome, not providing shade over pedestrian pathways and greater unrestricted public surveillance.”

 

Condition 23(i) requires

i)       Awnings and structures on the road reserve

Awnings and structures on the road reserve must be setback a minimum distance of 1000mm from the kerb alignment. The underside of any awning or verandah is to be not less than 3200mm above the footpath. Awnings are to be structurally capable of withstanding all loads including self loads, live loads (including maintenance crews walking over them), lateral wind loads, impact loads (including being struck by a passing vehicle). Certification from an appropriately qualified practising structural engineer that the design and structure comply with the relevant clauses of the BCA must be submitted with the Roads Act application.

The applicant is required to enter into an airspace lease agreement with Council for the airspace structures (and associated commercial floor space) of the first floor terrace over the Jonson Street road reserve in accordance with Byron Shire Council Airspace Policy No.12/004

Comment:

 

Development consent 10.2013.587.1 was granted on 20 November 2014 to Global Centres Australia Pty Ltd for the redevelopment of an existing shopping centre on Lots 6-7 DP 619224 and Lots 8-9 DP 617509.

 

Condition 23(i) of the consent required the applicant to enter into an airspace lease agreement with Council for the first floor area that hangs over part of the Jonson Street road reserve. The applicant was subsequently granted amended development consents in 10.2013.587.2 and 10.2013.587.3 on 21 May 2015 and 10.2013.587.4 on 16 May 2018. No amended consent altered the need for the applicant to enter into an airspace lease in accordance with condition 23(i) in 10.2013.587.1.

 

Despite having knowledge of clause 23(i) in 10.2013.587.1 since 20 November 2014, no airspace lease has been entered into either. The applicant has had full knowledge of their obligations under the Road Airspace Policy during the design, construct and tenancy acquisition periods of the development to date.

 

The original DA assessment reported to Council identified compliance with the Road Airspace policy necessary.

 

The purpose of a Road Airspace Policy is to recognise that airspace structures enable private interests to profit from the use of public space and that it is appropriate for Council to charge for that usage. It is also to provide for approval arrangements for road airspace structures (e.g. Balconies) that encroach into public space and provide for commercial floor space.

 

 

The balcony areas in question are associated with upper level restaurants and the cinema, which are commercial uses.

 

It is considered erroneous to suggest that this is a new condition.

 

The removal of this condition is therefore not supported.

 

4.       Condition No.63 Rights of Way Easements be amended as follows:

The applicant has submitted that due to complications and delays in confirming the electrical infrastructure requirements with Essential Energy, the subdivision registration process has been delayed and they have been unable to comply with the current timing requirements of the consent condition. It is proposed that the condition be amended to read (see italics for timing extension);

 

63.    Rights of Way and Easements

All proposed rights of footway, rights of carriageway and easements for the shared use of parking spaces, together with easements for services and other encroachments such the basement air supply enclose, must be registered on title prior to the issue of the Final Occupation Certificate or within 6 Months of determination of DA10.2013.587.5 which ever comes first.

 

Comments: This change is supported given the unexpected delays in obtaining third party approvals for the development’s infrastructure. It is recommended this condition be amended to place a timeframe on compliance with this condition in addition to a final occupation certificate trigger for compliance.

 

1.3.       Description of the site and surrounds

 

The proposed development area comprises the Mercato Shopping Centre (formerly known as Byron Shopping Plaza South) at 108-114 Jonson Street, Byron Bay and the site occupied by a supermarket at 98-106 Jonson Street, Byron Bay. The subject site is located on the western side of Jonson Street near the intersections of Carlyle and Kingsley Streets towards the southern end of the Byron Bay town centre.

 

Figure 1 – Subject site and surrounds (Air photo September 2012)

 

The subject site comprises a total of four (4) irregular shaped allotments. The two most southern allotments of the site (Lot 7 DP 619224 and Lot 8 DP 617509) contain Mercato Shopping Centre site which is recently completed. The two most northern allotments (Lot 9. DP 617509 & Lot 6 DP 619224) contain the previous Woolworths supermarket and a portion of the Mercato Shopping centre.

 

Located to the north of the site is the northern portion of the Byron Plaza Shopping Centre. The adjoining property to the south contains an existing backpacker’s hostel “Holiday Village”. Adjoining to the west is railway corridor land forming part of the disused North Coast Railway. To the east of the site, on the opposite the site of Jonson Street, are various commercial and retail business.

 

2.   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.

 

Section 4.55 of the EPA Act 1979.

It is considered the majority of the proposed amendments are minor and that the development remains substantially the same as approved. It is considered the proposal satisfies S4.55 of the EPA Act 1979. However, the request to remove the condition requiring an airspace lease for the upper level balconies is not supported, and that condition is recommended to remain.

 

2.1.       State/Regional Planning Policies, Instruments, EPA Regulations 2000

 

The majority of the proposed amendments raise no issues under the relevant SEPPS, Policies or clauses of the EPA Regulation 2000.

 

2.2.       Byron Local Environmental Plan 2014

 

The majority of the proposed amendments raise no issues under the LEP which have not been previously considered.

 

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

 

No draft EPIs affect the proposal. 

 

2.4.       Development Control Plans

 

The majority of the proposed amendments do not generate any issues that have not been previously considered.

 

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

 

Built Environment

The various design modifications include:

·    A revised internal tenancy layout;

·    An additional external balcony area (12m²) off Tenancy T20 (north east corner of tenancy) providing weather protection to customers accessing Woolworths via the basement car parking moving walkway;

·    Installation of stacker (bifold) doors to Tenancy T08 and Tenancy T09. Other tenancies with stacker doors have been accepted under previous modifications or as part of the certified construction plans;

·    Installation of additional required fire exit stair to the northern boundary, adjacent to previous Woolworth’s supermarket.

 

The above changes are considered minor and will not have a detrimental impact on the built environment in terms of building design and appearances.

 

Noise

Further consideration has been given to the use of the balconies in terms of noise generation from restaurant activities. Such usage can result in a breach the Protection of the Environment Operations Act 1997 at the nearest affected residential dwellings and surrounding properties, and also the standard NSW Liquor Licensing noise requirements.

 

To minimise the potential likelihood of noise intrusion to nearby residential dwellings, and need for compliance action to remedy, it is recommended that the following condition be imposed on the use of the upper balconies:

 

8a)    Use and operation of upper Level Balconies to not interfere with the amenity of the neighbourhood

The proposed use and operations of the upper level balconies shall not interfere with the amenity of the neighbourhood by reason of noise and vibration. In particular:

a        The noise and vibration level emanating from the use of the premises in accordance with this development must not cause or permit “offensive noise” as defined by the Protection of the Environment Operations Act 1997 to impact upon neighbouring residential dwellings. Plant and equipment shall be maintained in good condition and monitored to ensure operating conditions minimise noise and vibration impacts off the property.

b        All amplified music and public address systems must be operated so that they are not audible outside of the boundary of the property after 10:00pm on any day, and before 8:00am on the following day.

 

Subdivision

The applicant proposes to modify the approved plans of subdivision to reflect current needs and to facilitate redevelopment of the previous Woolworths site which is the subject of a separate development application for redevelopment as a hotel. The modified subdivision layout raises no issues.

 

2.6 The suitability of the site for the development

No assessed impact.

 

2.7     Submissions made in accordance with this Act or the regulations

 

No submissions were received.

 

2.8     Public interest

 

The proposed amendments are unlikely to prejudice or compromise the public interest.

 

2.9.    DEVELOPER CONTRIBUTIONS/ WATER AND SEWER CHARGES

 

There is no nexus to levy additional contributions.

 

 

3.   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

 

4.   CONCLUSION

 

The majority of the application is considered to have sufficient planning merit to warrant approval. However, the request to remove the condition requiring an airspace lease for the upper level balconies is not supported, and that condition is recommended to remain.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                     6.6 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          6.6 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                   6.7

 

 

Staff Reports - Infrastructure Services

 

Report No. 6.7             Suffolk Beachfront Holiday Park - Sale of homes on site 3 & 8

Directorate:                 Infrastructure Services

Report Author:           Pattie Ruck, Open Space Facilities Coordinator

File No:                        I2019/600

                                       

 

 

Summary:

 

Advice has recently been received from the home owners on site 3 and 8 at Suffolk Beachfront Holiday Park of their intention to sell. 

 

Due to Crown Land Encroachments, Current Regulation Compliance Program, Caravan Park Approval to Operate Conditions and Structural Safety uncertainties, it is considered beneficial for Council to consider purchasing these structures at market value.

 

  

 

RECOMMENDATION:  

1.       That subject to the meeting of the conditions set out in 2 below Council purchase dwellings in Suffolk Beachfront Holiday Park.

 

2.       That Council’s purchase is conditional upon the purchase price being within budget limits and does not exceed an amount which is 10% greater than the amount verified by an independent valuation of each dwelling.

 

3.       That Council authorise the General Manager to take all steps necessary to enter into a purchase contract and to sign and counter-sign all documents associated with the purchase of the dwellings.

 

 

Attachments:

 

1        Confidential - SBHP Map PDF April 2019, E2019/28640  

 

 


 

REPORT

 

Information/Background

 

Since the re-classification of the permanent sites from community land to operational land, Staff has been working with permanent residents in transitioning residents to new site agreements.  This transition program includes a regulation compliance program to ensure safety standards are met.

 

Permanent resident history as it relates to the reclassification, agreements and sales includes:

 

Re-classification

 

Re-classification of the permanent sites from Community to Operation land was achieved in 2018.  The primary purpose for re-classification was to provide tenure security to permanent residents.

 

Site agreements before and after the re-classification

 

The sale of homes before the re-classification involved the transfer of an existing site agreement to the new home owner in accordance with Resolution 07-364.

 

Resolution 07-364

 

  ‘That pending reclassification of Lot 100 in DP1023737 and/or adoption of a Plan of Management, Council not issue any leases for occupation of any ‘permanent’ sites on any part of the land’

 

One home sale has occurred since re-classification, resulting in a new site agreement with the new owner of the home on site 22. 

 

Resolution 18-584

 

1.    Endorse the Project Plan (E2018/61386) and Communication Strategy (E2018/61762) for the current owners to transition to new site agreements and Regulation Compliance Program.

 

2.    Endorse that any new home owners enter a new agreement that will set site fees at “fair market value” as outlined in section 109 of Act and use the “Non-fixed Method” for future site fee increases and specify a term of agreement for no longer than 5 years.

 

Sale of dwellings prior and post re-classification

 

Council owns the land but not resident structures.  Historically Council’s involvement in a sale has included the transfer of an exiting site agreement to the new owner and the entering into a new site agreement with a new owner post re-classification.

 

The following resolutions refer to home purchases at the Holiday Park.

·    Resolution 00-1026

·    Resolution 03-293

 

Existing Encroachments

 

Confidential attachment 1, SBHP Map PDF April 2019, highlights encroachments along the Eastern Boundary into Crown land.  As shown, significant encroachment occurs to Crown Land from a number of tourist sites with lesser encroachment from sites with permanent residents.  A letter has been sent to the Minister of Crown Land seeking an Operational land classification for the area of Crown that has been encroached.

 

Meetings/workshops with residents within the park and community

 

Meetings with the residents within the Suffolk Park Community have been held in the past and more recently providing advice as to the re-classification and new site agreement process adopted by Council.

 

 

Key issue considerations when purchasing structures on site 3 & 8 and future sites

 

Suffolk Beachfront Holiday Park Communication Strategy and associated Key Messages aligning with Council’s actions

 

Two workshops have been held recently with residents to inform them of the next steps since the re-classification, re-iterating Councils ability to enter into new site agreements, subsequently providing long term security to residents of the park.  Key advice has included regulation compliance, importance of building and site safety and necessary actions required in transitioning to new site agreements.  The purchase of structures on site 3 & 8 would allow Council to advance any regulatory compliance and or structural safety needs for these sites.

 

The intention of purchasing these structures would be for Council to undertake any necessary works that achieve regulatory compliance and for it to remain as a long term permanent resident site in alignment.  This is in alignment with Council’s current communication strategy and project plan adopted in Res 18-584.

 

Perceived purchase benefits

 

Benefits of purchasing structures on site 3 & 8

 

-     Enables Council to expedite the regulatory compliance program, addressing any structural safety actions.

-     Allows Council with the capacity to ensure compliance with legislative requirements.

-     Allows Council to continue to offer tenure security to permanent residents.

-     Avoids Council entering into a new site agreement on sites with existing Crown Land encroachments.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 4:   We manage growth and change responsibly

4.2

Support  housing diversity in appropriate locations across the Shire

4.2.1

Establish planning mechanisms to support housing that meets the needs of our community

4.2.1.2

Identify opportunities and partners to facilitate the provision of housing diversity/affordability in the Shire

Community Objective 5:  We have community led decision making which is open and inclusive

5.5

Manage Council’s finances sustainably

5.5.1

Enhance the financial capability and acumen of Council

5.5.1.2

Support the organisation in identifying financial implications of projects, proposals and plans

Community Objective 1:  We have infrastructure, transport and services which meet our expectations

1.2

Provide essential services and reliable infrastructure which meet an acceptable community standard

1.2.9

Develop capital upgrades, renewal and enhancements works program for buildings- including community buildings, public toilets, emergency services, sports club facilities and Council operations buildings (SP)

1.2.9.3

Consult with user groups to establish user agreements, leases, licenses and Plans of Management

 

Legal/Statutory/Policy Considerations

 

Suffolk Beachfront Holiday Park is governed by the Residential (Land Lease) Communities Act 2013, Local Government (General) Regulation 2005 and Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

 

The Caravan Park and Camping Ground Approval relies on special condition completion regarding compliance to the above Acts and Regulations within a 3 and 5 year timeframe.  Special conditions within this approval relate to the permanent structures for the long term residents.

 

Council’s current legal advice on purchasing the moveable dwellings on sites 3 & 8 where there are Crown encroachments as below

 

“Because the moveable dwellings on each site where the legal boundary runs through the site are not part of the land, I don’t see any impediment to Council buying them if the owner is willing to sell. Nothing about a potential sale changes the boundary location. If anything, it is preferable there’s only two parties involved where the land boundary cuts a site (Council and Crown), rather than three parties (Council, Crown and a home owner).”

 

Reviewed by Legal Counsel:

 

Financial Considerations

 

Financial benefits of purchasing structures on site 3 & 8 and future sites

 

-     The purchase of the homes would enable Council with the ability to consider permanent site fees in the future and also the ability to set fees to continue the few affordable housing options in Suffolk.

 

-     Potential income per site in table below

 

Action

Income per annum

Pay back period

ROI

Costs incl buy price $115K

Short term tourist site

$15,000

9 years

11.1%

Clean site $20K

Upgrade existing permanent structure

$23,000

6.7 years

14.8%

Upgrades $40k

Upgrade to short term cabin

$35,000

5.57 years

17.9%

Upgrade $80K

 

Financial Non-benefits/unknowns of purchasing structures on site 3 & 8 and future sites

 

-     Ensuring homes are compliant will involve works with budget implications, currently unknown.  

 

Requested in March Review is a transfer from the caravan park reserve of funds to determine the budgetary limits for the purchase.  The most recent sale of site 22 sold for $115K.  Caravan Reserve actual at 30 June 2018 is $2,999,804.00.

 

Reviewed by Manager Finance:

 

Consultation and Engagement

 

Past consultation and recent workshops with all permanent residents has re-iterated their concern on Council buying back permanent sites.  They are concerned when Council buys their home it will become a tourist site and eventually the permanent residents will decrease. It is important that key messages within the communication strategy and Council’s actions are aligned.