Attachments of Ordinary (Planning) Meeting

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 8.1 - Attachment 7

SCHEDULE 1 CONDITIONS OF CONSENT

Parameters of consent

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 B	Pool House Floor Plan, Section, Elevation	Frank Stewart	May 2019
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.

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.

Discovery of Aboriginal relics

If any Aboriginal archaeological relics or items are exposed during construction works, the Developer or Contractor shall immediately cease works, notify the NSW Office of Environment and Heritage (OEH) or its successor, and obtain any necessary permits and/or approvals to continue the work under the National Parks and Wildlife Act 1974. The Developer or Contractor shall comply with any further request made by the OEH to cease work for the purposes of archaeological assessment and recording.

Procedures for unexpected finds

The following procedure must be applied in the case of unexpected finds (including even suspected Aboriginal cultural heritage objects):

a) Stop all work on-site immediately. Do not further disturb the object(s) or the site in any way.

b) Place a protective barrier around the site.

c) The NSW Office of Environment and Heritage (OEH), or its successor, and Tweed Byron Local Aboriginal Land Council (TBLALC) must be contacted as soon as possible for information, advice, assessment and guidance.

d) In the event that human skeletal material is encountered NSW Police must be contacted immediately, a buffer zone surrounding the area should be setup and all activities must cease within this buffer zone until such time as the necessary approval is given to continue work within the buffer zone.

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

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.

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.

· “Cabin 8” shall be deleted from the plans.

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.

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.

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.

10.

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.

11.

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.

12.

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.

13.

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.

14.

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”.

15.

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.

16.

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.

17.

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

The following sections of Montecollum Road must be upgraded:-

1. The first 450m from Cedar Road;

2. From the end of the existing sealed section (approximately 800m from Cedar Road) and up to 10m past the proposed driveway servicing Cabin 1 to Cabin 6.

The upgrade must included the following:-

1. Generally in accordance with Council’s standard drawing R13 for a rural crowned road with a formation of 4m carriageway with roadside drainage and table drains in accordance with Section D1.22 of NRLG D1 Geometric Road Design.

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”.

18.

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”.

19.

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.

20.

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.

21.

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.

22.

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.

23.

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.

24.

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

25.

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.

26.

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

27.

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.

28.

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

29.

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.

30.

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

31.

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.

32.

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.

33.

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.

34.

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.

35.

Fill to be retained on the subject land

Fill material must not encroach onto any adjoining land.

36.

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.

37.

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.

38.

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.

39.

Stormwater drainage work

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

40.

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.

41.

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

42.

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

43.

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.

44.

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.

45.

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.

46.

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.

47.

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'.

48.

Road upgrade to be completed

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

49.

Internal accesses in accordance approved plans

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

50.

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.

51.

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.

52.

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.

53.

Swimming pool fencing

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

54.

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.

55.

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

56.

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.

57.

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.

58.

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.

59.

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.

60.

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.

61.

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.

62.

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.

63.

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.

64.

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.,

65.

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.

66.

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.

67.

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.

68.

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

69.

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.

70.

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

71.

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 1989 http://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

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.

Document History

Doc No.	Date Amended	Details (e.g. Resolution No.)
#E2014/3783	20 March 2014	Res 14-118 - Public exhibition version
#E2014/31047		Draft to 26 June 2014 Extraordinary Meeting - for adoption
#E2014/42346	26 June 2014	Adopted Version Res 14-315
#E2015/66483	8 October 2015	Updated Table A1 - Amendments to Chapter D2 Residential Accommodation and Ancillary Development in Rural Zones Res 15-525. (Amd 1)
#E2017/66983	22 June 2017	Adopted 22 June 2017 Effective 20 July 2017 - Res 17-273 following adoption of Chapter E8 – West Byron Urban Release Area (Amd 2)
E2018/17817	22 February 2018	Adopted 22 February 2018 Effective 15 March 2018 – Res 18-081 Amends Chapter E5 - Certain Locations in Byron Bay and Ewingsdale (Amd 3)
E2018/26152	22 March 2018	Adopted 22 March 2018 Effective 12 April 2018 – Res 18-130 ‘Housekeeping’ amendment (Amd 4 various chapters).
E2018/79935	1 October 2018	Res 18-358. Updated public exhibition controls and introduced pre-lodgement community consultation requirements (pdf version to 13/12 meeting E2018/91234).
E2018/79935	17 January 2019	Changes made to levels of public exhibition and notification table - Public Exhibition version (Res 18-838)
E2019/28771	24 April 2019	Version based on public exhibition and staff comments – submitted to 20 June 2019 for adoption
E2019/28771	20 June 2019	Adopted 20 June 2019 Effective10 July 2019 (Res 19-260) – amending levels of public exhibition and notification table; community significant development (Amd 5)
E2019/50709	August 2019	Amendments as a result of Public Art review 24.2018.48.1

A1 Introduction

This Plan is a Development Control Plan (DCP) prepared in accordance with the provisions of Section 3.43 of the Environmental Planning and Assessment Act, 1979 (the Act). Under section 4.15 of the Act, the consent authority is required to take into consideration, among other things, the relevant provisions of this DCP in determining any Development Application.

This Plan supplements the statutory provisions of Byron Local Environmental Plan 2014 (LEP 2014) by providing more details, guidelines and controls applying to the various forms of development permitted under the provisions of LEP 2014. This Plan aims to promote flexibility and innovation in design by allowing alternative means of demonstrating compliance with its requirements.

A2 Name of this DCP

This Plan is Byron Shire Development Control Plan 2014 (DCP 2014).

A3 Purpose and Objectives of this DCP

The primary purpose of this DCP is to specify Council's requirements for quality development and sustainable environmental outcomes on land to which Byron LEP 2014 applies and land identified under Part 4 – West Byron Bay Site of the Byron Local Environmental Plan 1988. This Plan nominates planning strategies and controls for various types of development that are permissible in accordance with LEP 2014, pursuant to the provisions of the Environmental Planning and Assessment Act, 1979.

The objectives of this plan are to:

1. Provide development controls and guidelines that will assist in achieving the Aims and Guiding Principles of Byron LEP 2014.

2. Ensure that development is consistent with the Council’s established Vision and its adopted planning policies and strategies.

3. Ensure that development incorporates the Principles of Sustainable Development and delivers balanced social, economic and environmental outcomes.

4. Encourage quality, innovative and sustainable design.

5. Manage change in a way that ensures an ecologically, socially and economically sustainable urban and rural environment in which the needs and aspirations of the community are recognised.

6. Provide for public participation in the development application and determination process.

7. Provide a framework of considerations against which development proposals can be consistently measured.

The specific objectives for each Section in this Plan are nominated within each Section contained in the Chapters.

A4 Structure of this DCP

Part A Preliminary

Part B Controls Applying Generally to Development Applications

Chapter B1 Not in Use

Chapter B2 Preservation of Trees and Other Vegetation

Chapter B3 Services

Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access

Chapter B5 Providing for Cycling

Chapter B6 Buffers and Minimising Land Use Conflict

Chapter B7 Mosquitoes and Biting Midges

Chapter B8 Waste Minimisation and Management

Chapter B9 Landscaping

Chapter B10 Signage

Chapter B11 Planning for Crime Prevention

Chapter B12 Social Impact Assessment

Chapter B13 Access and Mobility

Chapter B14 Excavation and Fill

Part C Further Controls Applying to Land with Specific Constraints and Environmental Characteristics

Chapter C1 Non-Indigenous Heritage

Chapter C2 Areas Affected by Flood

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

Chapter C4 Development in a Drinking Water Catchment

Part D Further Controls Applying to Specific Land Uses

Chapter D1 Residential Development in Urban and Special Purpose Zones

Chapter D2 Residential Accommodation and Ancillary Development in Rural Zones

Chapter D3 Tourist Accommodation

Chapter D4 Commercial and Retail Development

Chapter D5 Industrial Development

Chapter D6 Subdivision

Chapter D7 Sex Services Premises

Chapter D8 Public Art

Part E Further Controls Applying to Specific Localities

Chapter E1 Suffolk Park

Chapter E2 Bangalow

Chapter E3 Mullumbimby

Chapter E4 Brunswick Heads

Chapter E5 Certain Locations in Byron Bay and Ewingsdale

Chapter E6 Federal Village

Chapter E7 Main Arm

Chapter E8 West Byron Urban Release Area

A5 Where this DCP Applies

This Plan applies to the land to which Byron LEP 2014 applies and land identified under Part 4 – West Byron Bay Site of the Byron Local Environmental Plan 1988. This Plan applies to all categories of ‘development’ as defined within the Environmental Planning and Assessment Act, 1979 and as addressed within the various Chapters of this Plan.

A6 Relationship to other Plans and Legislation

The provisions contained in this DCP supplement the provisions of Byron LEP 2014 and the provisions under Part 4 – West Byron Bay Site of the Byron Local Environmental Plan 1988. This Plan must be read in conjunction with Byron LEP 2014 and with the provisions under Part 4 – West Byron Bay Site of the Byron Local Environmental Plan 1988. If there is any inconsistency between this Plan and the Byron LEP 2014 or the provisions under Part 4 – West Byron Bay Site of the Byron Local Environmental Plan 1988, the applicable LEP will prevail.

This plan must also be read in conjunction with any Environmental Planning Instrument that applies to the land, including State Environmental Planning Policies (SEPPs) and deemed SEPPs.

The provisions contained in this DCP are in addition to the provisions and requirements of the Far North Coast Regional Strategy, the NSW Department of Planning’s Settlement Planning Guidelines: Mid and North Coast Regional Strategies, the NSW Department of Planning’s Coastal Design Guidelines for NSW, the NSW Department of Planning’s North Coast Urban Design Guidelines 2009, the Building Code of Australia, the North Coast Engineering Standards Manual and the Council's Contributions Plans. Other commonwealth, state, regional or local policies and strategies may be added to this list from time to time.

Approval may also be required for certain types of development and activities under other legislation including:

· NSW Fisheries Management Act 1994

· NSW Heritage Act 1977

· NSW Local Government Act 1993

· NSW National Parks and Wildlife Act 1974

· NSW Protection of the Environment Operations Act 1997

· NSW Roads Act 1993

· NSW Rural Fires Act 1997

· NSW Threatened Species Conservation Act 1995

· NSW Water Management Act 2000

· Environment Protection & Biodiversity Conservation Act 1999 (Cth)

Applicants should make themselves aware of the relevant provisions contained within this legislation in terms of the development proposed as this will assist with the timely assessment of the development application. For further information applicants can contact Council’s duty planner in the first instance.

A6.1 Consistency with North Coast Urban Design Guidelines 2009

Objectives

1. To ensure that development is consistent with the North Coast Regional Urban Design Guidelines and with adopted State and Regional Visions and Objectives in terms of character and style of development and Settlements.

Performance Criteria

Developments must be located and designed so that they are consistent with the relevant Guidelines and Principles contained in the ‘North Coast Urban Design Guidelines’ published by the NSW Department of Planning, ISBN 0-7347-5131-1. In particular, developments must have regard to the relevant Guidelines and Principles contained in Chapter 10 Section A ‘Settlement Growth Guidelines’, Section B ‘Streetscape Guidelines’ and Section C ‘Built Form – Urban Design Guidelines’ of that document.

Prescriptive Measures

There are no Prescriptive Measures.

A7 Operation and Amendment of this DCP

This Plan was adopted by Council on 26 June 2014 and came into effect on 21 July 2014.

From time to time this DCP will be amended. Table A1 defines the amendments that have taken place and their status at the time of printing.

It is the responsibility of persons submitting a development application to ensure that the proposal is consistent with the current version of this DCP.

Table A1 – Schedule of Amendments

Amendment No.	Date	Provisions Amended
1	8/10/2015	Chapter D2 Residential Accommodation and Ancillary Development in Rural Zones (Res 15-525).
2	22/6/2017	· Adoption of Chapter E8 – West Byron Urban Release Area (Res 17-273) · Part A4, A5 and Appendix A1 Dictionary (Res 17-273) · Chapter D1 (Res 17-273)
3	22/2/2018	Chapter E5 - Certain Locations in Byron Bay and Ewingsdale: Section E5.5 – Habitat (Res 18-081)
4	22/3/2018	‘Housekeeping’ amendment various chapters (Res 18-130): · Chapter B3 Services · Chapter B4 Traffic Planning, Vehicle Parking Circulation and Access · Chapter B5 Providing for Cycling · Chapter B6 Buffers and Minimising Land Use Conflict · Chapter B11 Planning for Crime Prevention · Chapter B13 Access and Mobility · Chapter D1 Residential Accommodation in Urban, Village and Special Purpose Zones · Chapter D2 – Residential Accommodation and Ancillary Development in Rural Zones · Chapter D6 Subdivision · Chapter D8 Public Art
5	20/6/2019	· Part A to include site notifications and pre-lodgement community consultation requirements into the development application process; new definition Community Significant Development (Res 19-260) · Part A Housekeeping amendments (see I2018/1891 for list)

A8 Repeal of Various DCPs and Savings Provisions

Upon the commencement of the Byron Shire Development Control Plan 2014, the following development control plans are repealed:

· Byron Shire Development Control Plan 2010 as it applies to land to which Byron LEP 2014 applies

Where land is still covered by Byron Local Environmental Plan 1988, then the Byron Shire DCP 2010 and the Tree Preservation Order will prevail.

Pursuant to clause 1.8A of Byron LEP 2014, any development application made in relation to land to which Byron LEP 2014 applies, prior to the commencement of Byron LEP 2014 that has not been finally determined before the commencement of Byron LEP 2014, will still be assessed under Byron LEP 1988. For these applications Byron Shire DCP 2010 and the Tree Preservation Order will apply.

A9 Definitions of Words and Phrases used in this DCP

Words and phrases used in this DCP that have the same meaning as defined in LEP 2014 are coloured in orange.

Where words and phrases are not defined in LEP 2014, they have the meaning defined in the Dictionary contained in Appendix A1 of this Chapter and are coloured in blue.

A10 When a Development Application is not Required

The Land Use Table in Byron LEP 2014 specifies certain types of development within the various zones that may be carried out without development consent. A development application is not required for development listed in that particular category within the relevant zone.

Byron LEP 2014 also nominates certain types and categories of development as ‘Exempt Development’ and ‘Complying Development’, in many cases subject to certain criteria. A development application is not required for Exempt or Complying development that meets the requirements and relevant criteria nominated in Byron LEP 2014. ‘Complying Development’ may be carried out only in accordance with a Complying Development Certificate issued in accordance with the requirements of the Act.

In addition, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 nominates certain types and categories of development as ‘Exempt Development’ and ‘Complying Development’, in many cases subject to certain criteria. A development application is not required for Exempt or Complying development that meets the requirements and any criteria nominated in that State Environmental Planning Policy. ‘Complying Development’, however, may be carried out only in accordance with a Complying Development Certificate issued in accordance with the requirements of the Act.

Similarly, State Environmental Planning Policy (Infrastructure) 2007 nominates certain types of infrastructure development as ‘exempt development’, ‘complying development’ and ‘development permitted without consent’.

The statutory provisions of any applicable SEPP will prevail over this DCP in the event of any inconsistency.

It is recommended that before preparing to undertake or to seek approval for development you should contact the NSW Department of Planning and Infrastructure to confirm whether or not the provisions of other Planning Instruments or statutes supplement, amend or override the controls in Byron LEP 2014 and this DCP. Council’s Duty Planner is also available to assist with this.

A11 When a Development Application is Required

The Land Use Table in Byron LEP 2014 specifies development that may be carried out without consent and development that may be carried out only with consent within the various zones. A development application is required for all such permissible development, other than that referred to above in Section A10 - When a Development Application Is Not Required. The development may only proceed in accordance with the terms and conditions of a development consent issued under the provisions of the Act.

Additionally, various SEPPs such as State Environmental Planning Policy (Infrastructure) 2007 nominate certain types of development as permitted with consent. Therefore, as well as Byron LEP 2014, the provisions of relevant State Environmental Planning Policies (SEPPs) should be reviewed to determine whether a development application is required.

You may consult Council’s planning staff to assist in determining whether or not a Development Application is required for particular developments. You may need also to seek your own legal advice.

A12 The Development Application Process and DCP Controls

The development application process is governed by the Environment Planning and Assessment Act, 1979 and the Environmental Planning and Assessment Regulation, 2000.

Section 4.15 of the Environment Planning and Assessment Act, 1979 requires the Council to take into account the provisions of this DCP when considering any development application.

This DCP is structured to specify:

1. Controls that apply generally to most development applications (Part B);

2. Further controls that apply to land with specific constraints and environmental characteristics (Part C);

3. Further controls that apply to specific land uses (Part D); and

4. Further controls that apply to specific localities (Part E).

This ‘layered’ approach means that some parts of the DCP are relevant to all development, some to specific land or precincts and some to specific types of development.

The following steps will assist you to determine which parts of this DCP apply to your particular development application.

Step 1 Establish the zoning, permissibility and planning controls that apply to your site and the proposed use under all relevant environmental planning instruments including Byron LEP 2014.

Step 2 If a development application is required, determine whether each of the issues and controls discussed in Part B Controls Applying Generally to Development Applications apply to your site and your proposed development. The Part B controls apply to most development applications.

Step 3 Determine whether any of the specific constraints and environmental characteristics outlined in Part C Further Controls Applying to Land with Specific Constraints and Environmental Characteristics apply to your site. If they do, the relevant controls in the applicable Part C Chapters must be addressed.

Step 4 Determine whether your development application involves any of the particular land uses discussed in Part D Further Controls Applying to Specific Land Uses. If so, the relevant controls in the applicable Part D Chapters must be addressed.

Step 5 Determine whether your site is located in any of the specific localities discussed in Part E Further Controls Applying to Specific Localities. If so, the relevant controls in the applicable Part E Chapters must be addressed.

Step 6 Determine whether your proposed development is considered by Council as community significant development – see A13.4. If so, consultation with the community must be taken prior to lodgement of your application in accordance with A13.4.1.

Once you have determined the Chapters of this DCP that apply to your development application you will need to identify the particular Sections within each of those Chapters that apply to your proposal. The various Sections stipulate the matters that must be addressed individually by your development application. Your development application must demonstrate compliance with each of the relevant Sections.

The Sections comprise Objectives, Performance Criteria and Prescriptive Measures. In some cases both Performance Criteria and Prescriptive Measures are specified, but in other cases only one of those categories is specified.

Dual Path Assessment

The Sections are structured to provide a dual path to demonstrating your development’s compliance with the various provisions of this DCP. Every development application must demonstrate compliance with the relevant Objectives. This will usually be achieved by meeting the Prescriptive Measures. The Prescriptive Measures are requirements that Council considers are likely to meet the Objectives and Performance Criteria of the particular Section. Alternatively Council may be prepared to approve development proposals that are demonstrated to meet both the Objectives and the Performance Criteria. This provision:

1. fosters flexibility in design

2. enables the development of innovative schemes that meet the particular characteristics of an individual site

3. provides for positive outcomes in terms of ecologically sustainable development.

Where applicants are departing from the prescriptive measures, it is the applicant’s responsibility to highlight these departures and provide a written justification as to why compliance is unreasonable or unnecessary having regards to the circumstances of the case, the Objectives and Performance Criteria.

A13 Information Required to Submit a Development Application

The information and documents that must accompany a development application are specified in Clause 50 and Schedule 1 of the Environmental Planning and Assessment Regulation, 2000. The Council's Development Application Help Guide nominates the way that information and those documents must be submitted for a development application in Byron Shire. The Development Application Help Guide is available on request from the Council, or may be downloaded from Council's website.

Before lodging a development application you are encouraged to discuss your proposal with Council's Duty Planner. You may also wish to arrange a Pre-lodgement meeting with the Council's Development Advisory Panel. The Development Advisory Panel is made up of Council specialists who can advise you on the specific needs of your proposal. Information about arranging a meeting with the duty planner and/or seeking a pre-lodgement meeting with the Development Advisory Panel is available on request from Council, or direct from Council's website.

A13.1 Context and Site Analysis

A thorough analysis and understanding of the context and environmental characteristics of the site and its surrounds is an essential cornerstone of good design. A proper understanding of the site and its surrounds is also an essential component of the development application evaluation process. Development that is designed in context enhances the sense of place, reinforces the role and character of the individual towns and localities and improves the quality of the environment for the community.

Consequently, development applications must be accompanied by a comprehensive site and context analysis, other than applications for minor proposals such as dwelling houses, ancillary structures, boundary adjustment subdivision (boundary adjustments) in accordance with Byron LEP 2014, strata subdivision of a lawfully erected building (where not exempt) and most changes of use.

A13.1.1 Context and Site Analysis

Objectives

1. To ensure that the environmental characteristics and planning context of the site and its surrounds are considered from the outset in the design process.

2. To ensure that development applications demonstrate that the formulation process for the proposed development incorporates all relevant site context and environmental considerations.

3. To ensure that the resultant proposal delivers a design that is sensitive to its natural and built environment and is compatible with the current and planned character of its locality.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

Development applications for all proposals, other than for dwelling houses, ancillary structures, boundary adjustment subdivision in accordance with Byron LEP 2014, strata subdivision of lawfully erected buildings and changes of land use that do not involve works or environmental impacts outside a building, must be accompanied by a Site and Context Analysis Plan. The information contained within the Site and Context Analysis Plan(s) must be diagrammatically represented where possible and must be drawn to a scale appropriate to the development proposal. The Site and Context Analysis Plan must define and address:

a) the zoning; environmental constraints; spot levels and contours; vegetation type, species, canopy and height; drainage paths and drainage management systems; easements; known hazards; heritage values and physical characteristics of the site and adjoining properties. In cases where the nature of the proposal or its planning context so warrant, Council may require that the Site and Context Analysis Plan shall extend beyond the boundaries of the immediately adjoining properties.

b) existing development on the site and surrounds, including existing buildings on the site and adjoining land; location of adjoining windows, doors and open space; the location, height and materials of fences and walls; elevations of adjoining buildings if more than single storey; overshadowing of and by adjoining buildings; advertising structures and signage.

c) adjoining street or public land characteristics such as subdivision pattern, streetscape features and trees, pedestrian networks, kerb and gutter, drainage systems, service poles, bus stops and underground services.

d) potential sources of nuisance such as noise, odour, light spill and the like.

e) views, vistas and view corridors to and from the site.

f) where relevant to the development proposal, the direction and distance to local shops, public transport, schools, parks and community facilities.

g) a synopsis of opportunities and constraints for the proposed development, having regard to the results of the Site and Context Analysis process.

A13.2 Perspectives and Models

Certain large-scale or potentially high impact developments require the submission of additional drawings, perspectives and models to assist the community and council to understand the implications and potential impact of the project.

A13.2.1 Three Dimensional (3D) Representation

Objectives

1. To ensure that sufficient information is provided to enable the community and the Council to fully understand and evaluate the potential implications and environmental impacts of certain development proposals.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

1. Applications for residential development with a height in excess of 9 metres (i.e. applications submitted in accordance with the ‘height of buildings’ clause in Byron LEP 2014), or in the case of a dwelling-house with a gross floor area in excess of 400m², must be accompanied by a three dimensional (3D) representation using computer software.

2. Applications for commercial development or tourist and visitor accommodation (other than bed and breakfast accommodation and farm stay accommodation) must be accompanied by a three dimensional (3D) representation using computer software if:

a) the development/building costs are in excess of $3,000,000 or

b) the development is likely to have a significant impact on the streetscape.

A13.3 Online Development Application Templates

To assist and simplify the development application as much as possible, Council has developed online Development Application Templates for certain types of development that are expected to be relatively simple and to have minimal impact on surrounding properties or the environment. The Templates are designed to allow the development application form and a pro-forma Statement of Environmental Effects to be completed online, with electronic lodgement of drawings and supporting information.

The development application templates are available on Council's website.

A13.4 Community Consultation Prior to Development Application Lodgement

For all developments considered to be community significant development, consultation with the community is required prior to the lodgement of the development application. Development applications for community significant development must meet the minimum requirements for pre-lodgement community consultation.

A13.4.1 Minimum Requirements for pre-lodgement community consultation

Pre-consultation with communities likely to be affected by community significant development will assist with identifying issues of concern and enable the development design to respond at an early stage. Pre-consultation can reduce costs, time and quantities of submissions.

Well considered community consultation has the ability to address issues and inform the community with background information to assist in understanding the proposed development. It also allows the community more involvement in the design of development in the Shire.

The following Pre-lodgement community consultation must always be carried out as a minimum:

1. A facilitated community meeting or workshop.

The following advertisements must always be undertaken as a minimum prior to the consultation period, giving at least 10 days notice of the above meeting or workshop:

1. Advertisement in a weekly Shire wide newspaper,

2. Site notice

3. Letter to any known community groups and/or landowners within 500m of the proposed development,

4. Use of social media platform

The following must always be included in the above advertisements as a minimum:

1. An explanation of the proposed application, noting that it has not yet been lodged with Council,

2. Details of where further information can be found,

3. Information, including the date and time, on the arranged community meeting or workshop,

4. Alternative avenues for feedback to be shared – email, telephone etc.

5. Final date feedback will be received and considered.

Council will consider facilitating/assisting pre-lodgement consultation processes within reasonable means which may include:

· Putting applicants in contact with local community groups

· Publishing details of the proposed application and consultation on Council’s website and Council’s foyer screens.

It is the responsibility of the applicant to collect and collate the submissions and/or feedback received.

If an applicant would like to alter the required consultation as set out, an engagement plan, stipulating the consultation that would take place instead, must be submitted to Council in writing for approval, giving at least 14 days notice prior to the commencement of any consultation.

A13.4.2 Minimum Documentation Required upon Lodging the Development Application

In addition to requirements of a development application as per A13 of the Byron DCP 2014, the following documents are required where a development requires pre-lodgement consultation with the community. A development application for community significant development that is lodged without the following information will be deemed as incomplete and therefore unlikely to be accepted.

The developer must submit a report to Council as part of the development application at the time of lodgement.

At a minimum, submitted information must include:

· a statutory declaration that consultation was undertaken in accordance with this DCP

· accurate details of the nature and extent of the consultation

· copies of what the community was shown during the consultation process

· copies of all submissions and/or written feedback received

· a summary of how the community responded to the proposal and the main comments received

· an outline on how the submitted application has responded to the community’s concerns with meaningful changes highlighted. If the application being submitted is substantially different to what the community was shown during the consultation period detailed reasons are to be given for how and why the proposal is different. Where there are significant changes that do not respond to community feedback, further pre-consultation may be required.

This report will be made publicly available through the statutory notification period for the development application.

A13.4.3 Timing of Pre-lodgement community consultation

It is recommended that community consultation is designed, prepared for and executed as early as possible. This is to allow the community enough time to genuinely engage and provide feedback and to ensure that the development application can have time to respond and potentially adapt prior to lodgement.

The developer must ensure that the community has adequate time to consider and comment on a proposal depending on its complexity and the issues involved.

The period between 20 December and 10 January (inclusive) is excluded from the calculation of a period of public exhibition as per schedule 1 of the Environmental Planning and Assessment Act 1979 (The Act).

Development applications advertised during periods of public holiday will have their exhibition period extended by a minimum of the holiday period.

A14 Public Notification and Exhibition of Development Applications

This Section is prepared pursuant to Section 3.43(1)(c) of the Environmental Planning and Assessment Act, 1979 and specifies the way the Council will publicly exhibit and notify development applications pursuant to Schedule 1 of the Environmental Planning and Assessment Act, 1979.

This section does not apply to public exhibition and notification of development applications for the following:

1. Designated development.

2. Advertised development.

3. Nominated integrated development.

4. Development applications accompanied by a Species Impact Statement.

5. Aquaculture development as defined by State Environmental Planning Policy No 62 — Sustainable Aquaculture.

A14.1 Different Forms of Public Exhibition and Notification

Public exhibition and notification of development applications must consist of one or more of the following components:

1. Display within Council’s Front Counter or Website

The application and the documents accompanying that application will be made available for inspection within Council’s website, for the duration of the exhibition period. Council may specify additional locations for inspection of the application at its discretion.

2. Newspaper Notice

A public notice must be placed within a newspaper that is circulated within the Byron Shire on or before the day the public exhibition period commences. That notice must be repeated one week later. The notice must contain the following:

a) a description of the land (including the address) on which the development is proposed to be carried out,

b) the name of the applicant and the name of the consent authority,

c) a description of the proposed development,

d) a statement that the application and the documents accompanying that application may be inspected at Council’s Front Counter, Station Street Mullumbimby during ordinary office hours (Council may specify additional locations for inspection of the application) or within Council’s website during the exhibition period,

e) the dates of the exhibition period,

f) a statement that any person during the exhibition period may make a written submission to the General Manager in relation to the application,

g) a statement that, where the submission is by way of objection, the submission must set out the grounds of the objection.

h) a statement as to Council’s policy for suppling copies of written submissions to other people

i) in the case of an application to modify consent, a statement summarising the modification sought.

3. Letter to adjoining landowners and/or surrounding landowners

A letter to an adjoining landowner and/or surrounding landowner (as prescribed in A14.2 of this DCP) is to be posted no later than three business days before the exhibition period commences and must contain the following information;

a) a description of the land (including the address) on which the development is proposed to be carried out,

b) the name of the applicant and the name of the consent authority,

c) a description of the proposed development,

e) the dates of the exhibition period,

f) a statement that the person may during the exhibition period may make a written submission to the General Manager in relation to the development application,

g) a statement that where the submission is by way of objection the submission must set out the grounds of the objection.

h) a statement as to Council’s policy for suppling copies of written submissions to other people.

i) in the case of an application to modify consent, an outline of the modification sought.

j) notification that an email address must be supplied to Council by all those wishing to be notified of the determination. Email addresses should be supplied to council@byron.nsw.gov.au stating the development application number.

When notifying adjoining landowners and/or surrounding landowners;

a) if the land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a written notice to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and

b) if the land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a written notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and

c) if the land is owned or occupied by more than one person, a written notice to one owner or one occupier is taken to be a written notice to all the owners and occupiers of that land.

4. Site Notices

A sign on the land is to be erected by Council no later than the day before the exhibition period and;

a) must be headed in capital letters and bold type ‘DEVELOPMENT PROPOSAL’,

b) must display a copy of the notice to be placed in the local newspaper and, if practical, a plan showing the boundaries of the development,

c) must contain the applicant, a brief description of the development proposal and the location where further details can be found,

d) must be erected on the land to which the development application relates,

e) must, if practical be capable of being read from a public road, public place or public reserve(Council may erect a second sign near the land where the sign can not be read from a public road, public place or public reserve),

f) must be displayed on a board with minimum dimensions of A3 standard paper,

5. Exhibition Period

The exhibition period is the period in days during which a copy of the Development Application and supporting information is available to be viewed by any member of the public at Council’s Front Counter, Station Street Mullumbimby or via Council’s website.

The exhibition period is determined by the type and scale of the development as per clause 14.2 of this DCP. The period between 20 December and 10 January (inclusive) is excluded from the calculation of a period of public exhibition as per schedule 1 of the Environmental Planning and Assessment Act 1979 (The Act).

Development applications advertised during periods of public holiday will have their exhibition period extended by a minimum of the holiday period.

If a particular matter has different exhibition or notification periods that apply, the longer period applies.

A14.2 Levels of Public Exhibition and Notification

The types of development listed below are to be subject to the nominated levels of notification prior to determination. Should there be any conflict between the following provisions or the development is described in more than one level the higher level must apply. A reference to a type of development must also be read as a reference to alterations or additions to that type of development (i.e. Hotel includes additions to a hotel).

Table A2 – No Public Exhibition or Notification

No Public Exhibition or Notification (Level 0)
Development applications involving the following types of development will not be exhibited or notified:
Development Types · Agriculture other than intensive livestock agriculture · Alterations and additions to a building type that is not specifically listed in Level 1 or Level 2 · Boundary adjustment subdivisions that do not provide an additional dwelling entitlement · Buildings and works ancillary to a dwelling-house (garages, pools, sheds, fences etc.) · Buildings and works ancillary to agriculture 5 metres or greater from a property boundary · Change of use to a business or office premises within a Business Zone · Change of use to a light industry within an Industrial Zone · Change of use to a shop within a Business Zone · Business or Office premises within a Business Zone that are single storey. · Demolition of a structure that is not a heritage item or within a heritage conservation area · Development required to be carried out in an emergency (e.g. relocation of a dwelling to prevent damage from coastal erosion) · Dwelling-houses that are single storey · Dwelling-houses that are double storey and comply with the prescriptive measures of this DCP for setbacks and building height plane · Environmental facilities · Forestry involving establishment of native plantations · Fences. · Industrial buildings within an Industrial Zone · Internal alterations to a building · Signage · Shops within a Business Zone that are single storey · Strata subdivision of existing buildings · Vegetation removal · Utility installations.

No Public Exhibition or Notification (Level 0)

Development applications involving the following types of development will not be exhibited or notified:

Development Types

· Agriculture other than intensive livestock agriculture

· Alterations and additions to a building type that is not specifically listed in Level 1 or Level 2

· Boundary adjustment subdivisions that do not provide an additional dwelling entitlement

· Buildings and works ancillary to a dwelling-house (garages, pools, sheds, fences etc.)

· Buildings and works ancillary to agriculture 5 metres or greater from a property boundary

· Change of use to a business or office premises within a Business Zone

· Change of use to a light industry within an Industrial Zone

· Change of use to a shop within a Business Zone

· Business or Office premises within a Business Zone that are single storey.

· Demolition of a structure that is not a heritage item or within a heritage conservation area

· Development required to be carried out in an emergency (e.g. relocation of a dwelling to prevent damage from coastal erosion)

· Dwelling-houses that are single storey

· Dwelling-houses that are double storey and comply with the prescriptive measures of this DCP for setbacks and building height plane

· Environmental facilities

· Forestry involving establishment of native plantations

· Fences.

· Industrial buildings within an Industrial Zone

· Internal alterations to a building

· Signage

· Shops within a Business Zone that are single storey

· Strata subdivision of existing buildings

· Vegetation removal

· Utility installations.

Table A3 – Level 1 Notification

Level 1

Development applications, with less than $3 million dollar estimated development cost, involving the following types of development will be notified via:

· a letter to adjoining landowners.

· a fourteen (14) day exhibition period.

· Only those adjoining landowners who may detrimentally affected by the proposed development will be notified (e.g. a garage with a reduced setback will only be notified to the immediately adjoining landowner). Exhibition of the proposal will take place within Council’s website.

Development Types

· Alterations and additions to building or use that is included within this Level

· Buildings and works ancillary to a dwelling-house (garages, pools, sheds, fences etc.) that do not comply with the prescriptive measures of this DCP for setbacks and building height plane

· Buildings ancillary to agriculture within 5 metres of a property boundary

· Change of use to a light industry not within an Industrial Zone

· Dual occupancy developments

· Dwelling-houses that are double storey and do not comply with the prescriptive measures of this DCP for setbacks and building height plane

· Farm stay accommodation

· Professional consulting rooms

· Rural industry

· Rural workers dwellings

· Secondary dwellings

· Subdivisions that will result in the creation of two or up to and including five lots

· Any other development type not listed in any other level

· Alterations and additions to any development type listed in Table A4 – Level 2 Notification.

Table A4 – Level 2 Notification

Level 2

Development applications, with less than $20 million dollar estimated development cost, involving the following types of development will be notified and exhibited via:

· a letter to adjoining landowners.

· Site notification.

· a newspaper notice.

· notification to the Bundjalung of Byron Bay (Arakwal) where located within a property that is mapped as an area of Aboriginal significance or Development on a public reserve or community land.

· a fourteen (14) day exhibition period.

· exhibition of the proposal will take place at Council’s Administration Building (Station Street, Mullumbimby) and / or within Council’s website.

Development Types

· Any development type listed under with an estimated development cost of more than $3 million dollars and less than $20 million dollars

· Amusement centres

· Change of use to a restaurant or café within a Business Zone

· Change of use to a take away food and drink premises within a Business Zone

· Demolition of a building or work that is a heritage item or a use of a building or land that is a heritage item for a purpose that would otherwise be prohibited

· Development on a public reserve or community land

· Educational establishments

· Entertainment facilities

· Erection of a neighbourhood shop within a Residential Zone.

· Forestry involving harvesting of native forests or establishing non-native plantations.

· Function centres

· Group Homes

· Hazardous industries

· Hotel or motel accommodation

· Hostels

· Intensive livestock agriculture

· Liquid fuel depots

· Non-designated extractive industries

· Offensive industries

· Places of public worship

· Pubs

· Recreation facility (major), recreation facility (indoor), recreation facility (outdoor)

· Regional development

· Retrospective approvals

· Residential flat buildings, multi dwelling housing, multiple occupancies or the like

· Restaurants or cafes and commercial premises other than within a Business Zone

· Sawmill or log processing works

· Seniors housing

· Sex services premises

· Small bars

· Subdivisions that create subdivisions of more than 6-49 lots inclusive

· Tourist and visitor accommodation (other than bed and breakfast accommodation and Farm stay accommodation, camping grounds, caravan parks and eco tourist facilities)

· Any development that exceeds a development standard of the Byron Local Environmental Plan 2014.

Table A5 – Level 3 Notification

Level 3

Development applications involving the following types of development will be notified and exhibited via:

· a letter to adjoining landowners and surrounding landowners

· Site notification

· a newspaper notice

· notification to the Bundjalung of Byron Bay (Arakwal) where located within a property that is mapped as an area of Aboriginal significance or Development on a public reserve or community land.

· a twenty one (21) day exhibition period.

· exhibition of the proposal will take place within Council’s website.

· Notification to all community members involved in the pre-consultation process

Development Types

· Any development type with an estimated development cost of $20 million dollars or more

· Any development application that will be referred to the Joint Regional Planning Panel for determination

· Subdivision that create 50 or more lots

· Telecommunication towers

A14.3 Public Exhibition and Notification of Applications to Modify Development Consents and Review Determinations

Applications to modify a development consent pursuant to Section 4.55(1A), 4.55(2) and 4.56 and applications to review a determination pursuant to Division 8.2 and Section 8.9 of the Environmental Planning and Assessment Act 1979, must be placed on public exhibition and notified in the same manner as described above, as for the original development application.

Where the original development application was advertised/placed on public exhibition/ notified prior to this Development Control Plan coming into force, the level of public exhibition or notification of the application to modify the consent must be determined in accordance with the levels set out in A14.2 above.

Exceptions

Applications to modify development consent (Section 4.55) and applications to review a determination (Division 8.2) will not be placed on public exhibition or notified where the modification or amendments to the development involves either:

1. modification to conditions of consent where those conditions do not involve the design or location of a building (or key component) or hours of operation,(i.e. developer contributions); or

2. modification considered by Council to be a minor change to the proposed development and of low environmental impact (i.e. altered car parking layout, changes to the entry of a shop); or

3. internal alterations to a building; or

4. modification to a dwelling-house which does not involve a reduction in setback of the dwelling-house from the boundaries of the property; or modification to the first or higher floor level of the dwelling-house; or

5. In the case of Division 8.2 or Section 8.9, where no amendments are made to the development described in the original application.

A14.4 Notification to the Bundjalung of Byron Bay (Arakwal) and Land Councils

Written notification shall be provided to the Bundjalung of Byron Bay (Arakwal) for development on a public reserve or community land; or applications listed within the category of Level 2 and Level 3, where such developments are located within a property that is mapped by Byron Shire Council, in association with Bundjalung of Byron Bay (Arakwal), as having Aboriginal significance.

Written notification shall be provided to the Bundjalung of Byron Bay (Arakwal) and relevant Land Council for any of the following:

a) development on a public reserve or community land,

b) applications listed within the category of Level 2 and Level 3, where such developments are located within a property that is mapped by Byron Shire Council, in association with Bundjalung of Byron Bay (Arakwal), as having Aboriginal significance,

c) Artwork subject to Chapter D8 that:

(i) is produced in an Indigenous style; or

(ii) is identified as an Aboriginal artwork; or

(iii) is in any way related to Indigenous heritage or culture

A14.5 Increases in the level of public notification or exhibition

Council may, at its discretion:

1. notify or publicly exhibit (Levels 1 to 3) a development application that would not have been otherwise notified or publicly exhibited; or

2. publicly exhibit (Level 2 to 3) a development application that would not have been otherwise publicly exhibited (i.e. Level 1); or

3. increase the period of notification by 7 days or more.

Council’s discretion on this matter will have regard to whether:

a) previous developments on the land have received a significant level of objection; or

b) the location of the development is unique in terms of unusual landform or vegetation; or

c) the size or extent of the development is beyond that which would normally be expected for the category of development.

Council may increase the level of public exhibition at the time of first giving public notice or at any time prior to the conclusion of the exhibition period.

Where a particular use has not been nominated as requiring public exhibition or notification, Council will make a decision on a case by case basis as to whether it should be notified or exhibited.

A14.6 Waiving of Public Notification or Exhibition

Council has the discretion to waive the public notification or exhibition of any application.

A15 How Council will consider your Development Application

Depending on the nature and site of the proposed development, your development application may need to be referred to government agencies and/or advertised and notified for public comment before it can be determined by Council. Council may also need to seek further information from you in relation to certain aspects of your application.

Information explaining how your application will be processed, considered and determined after it is lodged is available on Council's website, www.byron.nsw.gov.au, or in Appendix A2. Council's policy in relation to Appropriate Dispute Resolution of Development is also available on Council's website.

A16 Determination of a Development Application - Statement of Reasons

Once a development application has been determined, Council will email notification to all submitters and interested parties who supplied a valid email address – as per 14.1 of this DCP.

The determination will also be published online to Council’s website. The notice of determination of the development application includes Council’s reasons for the decision and how community views were taken in to account in making the decision, in accordance with schedule 1 of The Act.

This will include:

a) the decision, and

b) the date of the decision, and

c) the reasons for the decision, and

d) how community views were taken into account in making the decision

Appendix A1 Dictionary

Accommodation unit

means, in relation to Chapter E5 Certain Locations in Byron Bay and Ewingsdale (E5.7 The North Byron Beach Resort Site) room or suite of rooms used, or intended to be used, for the provision of holiday accommodation only. The building is to have a maximum floor area of 80m²excluding balconies, and a maximum of three bedrooms. An accommodation unit may be freestanding, or may be attached to one or more other accommodation units.

Adaptable housing

means housing that is designed in such a way that it can be modified easily in the future to become accessible to both occupants and visitors with disabilities or progressive frailties.

Adjoining landowner

means the land which abuts an application site or is separated from it only by a road, lane, pathway, right of way, river or stream or similar thoroughfare.

Access

means the provision of an environment that is free of barriers to the mobility of people with disabilities that are not present to people without disabilities. This includes entry to and mobility within a building or place by means of the provision of a continuous accessible path of travel. It also means the provision of information in such a manner that it can be interpreted by people with sensory disabilities.

AEP

means Annual Exceedence Probability, and has the same meaning as in the Floodplain Development Manual 2005.

Allotment (or Site)

means the area to which title is held, excluding any land zoned or reserved for any other purpose.

Animated sign

means signage with movement, that flashes or changes colour, wording, numbers or pictures due to the use of electrical or manufactured sources of power.

Annual exceedance probability (AEP)

means the chance of a flood of a given or larger size occurring in any one year, usually expressed as a percentage. For example, if a peak flood discharge of 100 m³/s has an AEP of 1%, it means that there is a 1% chance of a peak flood discharge of 100m³/s or larger occurring in any one year.

Average recurrence interval (ARI)

has the same meaning as in the Floodplain Development Manual 2005.

Aquifer

means a layer of relatively porous substrate that contains and transmits groundwater.

Balcony

means:

1. a raised platform, commonly referred to as a deck or verandah, having a floor level more than 1 m above an adjacent lower level; or

2. any deck or verandah covered by a roof.

Bangalow Urban Area

means the land shown on the Bangalow Urban Area DCP Map.

Bangalow Urban Area DCP Map

means the Map described as Map E2.1 - Bangalow Urban Area DCP Map in Chapter E2 Bangalow of this DCP.

Bangalow Urban Release Area

means the land shown as ‘Urban Release Areas’ on the Map E2.1 – Bangalow Urban Area DCP Map in Chapter E2 Bangalow of this DCP.

Best management practice

means the actions and practices outlined in ‘Current Recommended Practices and Performance Standards’ published by the Sydney Catchment Authority that is available on its web site. It also means the actions and practices outlined in ‘Living and Working in Rural Areas - A handbook for managing land use conflict issues on the NSW North Coast’ published by the Department of Primary Industries and the Northern Rivers Catchment Management Authority that is available on its web site.

Bicycle storage space

means a space with associated support and security equipment that is dedicated to the secure parking or storage of a bicycle or bicycles.

Billboard sign

means a board with an advertising display area of in excess of 6 square metres.

Biodiversity Conservation Management Plan (BCMP)

means a plan which describes how the biodiversity values occurring on a property will be managed to ensure their protection and enhancement, during and following development of land.

Blackwater

means domestic wastewater which includes wastewater from the toilet, i.e. containing faecal material.

Brunswick Heads Urban Area

means the land shown on the Brunswick Heads Urban Area DCP Map.

Brunswick Heads Urban Area DCP Map

means the Map described as Map E4.1 - Brunswick Heads Urban Area DCP Map in Chapter E4 Brunswick Heads of this DCP.

BSC

means Byron Shire Council.

Building height plane

means the plane projected at an angle of 45⁰ over the land to be built upon, measured from a vertical distance of 1.8 metres above ground level (existing) at the site boundary.

Building elevation

means an elevation of a building as commonly shown on building plans.

Bunting

means signage consisting of a continuous string of lightweight coloured material secured so as to allow movement.

Byron Bay Coastal Hazards Map

means the Map described as Map E5.1 - Byron Bay Coastal Hazards Map in Chapter E5 Certain Locations in Byron Bay and Ewingsdale of this DCP.

Byron Shire Bike Strategy and Action Plan

means the Bike Plan adopted by Council (and as amended from time to time) that sets out the strategic framework regarding the bike network and its future expansion and management. The Plan is available on Council’s web site.

Coastal hazard

means the following:

(a) beach erosion,

(b) shoreline recession,

(d) coastal inundation,

(e) coastal cliff or slope instability,

(f) tidal inundation,

(g) erosion caused by tidal waters, including the interaction of those waters with catchment floodwaters.

Coastal zone

means the same as it does in the Coastal Protection Act, 1979 i.e.

(a) the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and

(b) the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and

(c) the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).

Note. The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.

Collection area

means the location on the development site where garbage, compostable material or recyclable materials are transferred from a building’s storage containers to a collection vehicle for removal from the site.

Collection point

means the usual (or agreed) point on the footpath/roadway, or on site where applicable, where garbage and recyclables are loaded onto vehicles.

Common landscaped area

means that part of the site not occupied by any building, that is predominantly landscaped by way of planting, trees, gardens, lawns or shrubs and is available for common use and enjoyment by the occupants of the building erected on the site. It excludes drying yards, garbage collection and handling spaces and any spaces used for the movement or parking of vehicles but can include swimming pools at or below ground level (existing). Where Council deems it appropriate in terms of accessibility, treatment and appearance, the common landscaped area may include rooftop spaces, terraces, steps, walkways, pergolas or other built elements.

Community significant development

means:

· a building with a gross floor area of 5,000m2 or more in an industrial, rural or commercial zone; or

· any development that will be referred under the Act to the Joint Regional Planning Panel; or

· any subdivision resulting in 50 lots or more; or

· residential accommodation resulting in 10 or more dwellings; or

· any development that proposes demolition of a heritage listed item; or

· pubs; or

· small bars (nightclubs) within the meaning of the Liquor Act 2007; or

· function centres; or

· restaurants in rural areas; or

· offensive industries; or

· telecommunications facility.

Compost

means vegetative material capable of being converted to humus by a biological microbial process in the presence of oxygen.

Conflict risk assessment (CRA)

means a written document that outlines the circumstances of the intended activities or uses that may create conflict in the context of the surrounding environment. It also outlines locations, separation distances and use of all adjoining and other lands likely to create or influence potential for conflict between the proposed development and existing or proposed land use. Additionally, it details the proposed management measures, buffers and other planning or operational strategies to be incorporated in the proposed development to manage potential land use conflicts, together with an evaluation of the nature, extent and quantum of mitigation expected to be achieved.

Continuous accessible path of travel

means an uninterrupted route to or within premises or buildings and providing access to all services and facilities. It should not contain any step, stairway, turnstile, revolving door, escalator, hazard or other impediment that would prevent being safely negotiated by people with disabilities.

Core koala habitat

means an area of land with a resident population of koalas, evidenced by attributes such as breeding females (that is females with young) and recent sightings of and historical records of a population.

Creative industry

means, in relation to Chapter E5 Certain Locations in Byron Bay and Ewingsdale (E5.5 Bayshore Village) industries that generate copyrights, patents, designs or trademarks and include businesses and industries involved in:

· advertising, graphic design and marketing;

· architecture, visual arts and design;

· music composition and production;

· computing and intellectual technologies;

· performing arts;

· writing, publishing and print media; and

· film, television and entertainment.

Critical facilities

means uses where any inundation or loss of function in an extreme flood would represent an unacceptable level of risk. It includes emergency services organisations (SES HQ, Police Stations, Fire Stations (including rural bushfire), Ambulance Stations, hospitals), Public Halls (where used for flood evacuation centre), Intensive Aged Care, Nursing Homes, Telephone Exchanges, Telecommunication Repeaters, Flood Evacuation Centres and Flood Refuges, and Critical Service Facility Components (e.g. essential components of sewage treatment plants, essential water supply reservoirs).

Deep soil area

means a specified area of the development site, not covered by an impervious surface, that allows water on the site to infiltrate naturally to the groundwater and allows for the future provision of mature vegetation.

Development footprint

means the area of land to be developed inclusive of dwellings and all other associated infrastructure including but not limited to roads, driveway, waste water systems, landscaping, asset protection zones, phone and electricity connection.

Diameter at breast height (DBH)

means the diameter of the trunk of a tree at 1.4 metres above the ground level taken at the base of the trunk.

Disability

for the purpose of this DCP can be physical, intellectual, psychiatric, sensory, neurological, learning, physical disfigurement or presence in the body of disease causing organism. Disability applies to people who have a disability now, have had a disability in the past, may have a disability in the future or are believed to have a disability.

Display area

means the area of a device or structure used for signage, and includes any borders of, or surrounds to the signage, but does not include safety devices, platforms or lighting devices associated with signage. Display area is further defined as:

1. in the case of a sign with clearly defined edges, its height multiplied by its length;

2. in the case of a sign without clearly defined edges (e.g. a skeleton letter type sign), the area of the minimum rectangle within which the letters or graphics fit;

3. the display area of a structure that contains signage on two or more sides is to be calculated separately for each side and is not the sum of the display areas on all sides (e.g. A-Frame signs).

Drinking water catchment

means land so defined on the Drinking Water Catchment Map contained in Byron LEP 2014.

Dual key

Means an internal door linking two attached dwellings together. The door needs to be suitably designed and constructed fire door as per the Building Code of Australia. Dual key arrangements maybe considered suitable for dual occupancy, secondary dwelling and attached dwelling housing arrangements where the housing is on one lot.

Effluent

means the liquid discharged from a treatment unit. It may be qualified according to type of treatment (e.g. septic tank effluent, secondary effluent or disinfected secondary effluent).

Erosion escarpment

means the vertical or steep drop in the beach profile caused by tidal or storm erosion.

Essential worker

means a person or persons whose work is considered strategically important to the economic development and sustainability of the NSW Northern Rivers region.

Expanded house

means a dwelling house comprising a main building and a maximum of three habitable outbuildings.

Fabric

means, in relation to heritage items or buildings within heritage conservation areas, the physical material of the place.

Federal Village Map

means the Map described as Map E6.1 – Federal Village Map in Chapter E6 Federal Village of this DCP.

Federal Village

means the land shown as ‘Federal Village’ on the Map E6.1 – Federal Village Map in Chapter E6 Federal Village of this DCP.

First order stream, second order stream, third order stream

A first order stream is defined as that part of a drainage system between its point of origin and the first junction with another stream. A second order stream commences at the junction of two first order streams. A third order system commences at the junction of two second order streams.

Flood compatible material

means materials used in building construction that can withstand inundation without suffering any form of damage and which can be readily cleaned when floodwaters subside.

Flood liable land

has the same meaning as in the ‘Floodplain Development Manual 2005’.

Flood planning level (FPL)

has the same meaning as in Byron LEP 2014.

Flood planning matrix

means Table C2.1 – Flood Planning Matrix in Chapter C2 Areas affected by Flood.

Floodplain Development Manual 2005

means the NSW Government publication titled ‘Floodplain Development Manual, the management of flood liable land, April 2005’ or its successor.

Flood prone land

has the same meaning as in the ‘Floodplain Development Manual 2005’.

Freeboard

means a factor of safety to provide reasonable certainty that the risk exposure selected in deciding on a particular flood chosen as the basis for the particular flood planning level (FPL) is actually provided, and is incorporated into the FPL. The freeboard is the difference between the particular FPL and the flood used to derive it and may vary with different land uses, parts of the floodplain or types of mitigation works.

Garage

means a fully enclosed building or part of a building that is designed for the purpose of accommodating one or more motor vehicles, whether or not it is used for storage of other goods or materials.

Garbage

means refuse or waste material other than trade or special waste, liquid waste, compostable material, green waste or recyclable material.

Garbage chute

means a duct in which deposited garbage descends from one level to another within the building, due to gravity.

Garbage and recycling room/area

means a room or area where garbage and recycling receptacles are stored awaiting re-use or removal from the premises.

Garden waste

means surplus vegetation material.

GDD

means Greywater Diversion Device.

Greywater

means domestic wastewater that does not contain wastewater from the toilet, i.e. containing shower and sink water only.

Ground water and groundwater

means water located beneath the ground surface in soil pore spaces and in the fractures of lithologic formations and includes an aquifer.

Gross leasable floor area

means the sum of the area of each floor of a building where the area of each floor is taken to be the area within the internal faces of the walls, excluding stairs, amenities, lifts, corridors and other public areas but including stock storage areas.

GTD

means Greywater Treatment Device.

Guidelines

means (in relation to Chapter B10 Signage) the provisions of the publication titled ‘Transport Corridor Outdoor Advertising and Signage Guidelines’ published by the NSW State Government.

Habitable room

- in a residential situation: means (in relation to Chapter C2 Areas affected by Flood) a living or working area, such as a lounge room, dining room, rumpus room, kitchen, bedroom, workroom or the like. Laundries, bathrooms and garages are non-habitable rooms.

- in an industrial or commercial situation: means (in relation to Chapter C2 Areas affected by Flood) an area used for offices or to store valuable possessions susceptible to flood damage in the event of a flood.

High environmental value vegetation and habitats or HEV

means land identified as being high environmental value according to the ecological criteria specified in the relative ecological Value Matrix in Part 3 of the ‘Byron Biodiversity Strategy 2004’ as amended.

Indirect impact

means impacts caused by an action later in time, or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include secondary impacts caused by direct impacts. Indirect impacts may relate to induced changes in the vegetation condition and composition (such as increased weed invasion or an increase in edge effects) and significant reduction in foraging resource for fauna or impacts on other natural processes.

Integrated Housing

Means the subdivision of land into three or more lots and the erection of a dwelling (attached or semi attached) or dwelling house on each lot as per Clause 83 of Byron LEP 1988.

In the vicinity of (In relation to a heritage item or Heritage Conservation Area)

means close enough to influence the visual and aesthetic characteristics and appeal of the heritage item or Heritage Conservation Area. Consequently the determination of what is in the vicinity of a heritage item or Heritage Conservation Area will vary with the particular circumstances, including:

1. The nature and availability of views and vistas to and from the heritage item or Heritage Conservation Area.

2. The distance to the Heritage item or Heritage Conservation Area.

3. Local topography, vegetation and building forms and any resultant obstruction of views and vistas.

Key threatening process

means a key threatening process specified in Part 2 Schedule 3 of the Threatened Species Conservation Act 1995; or Subdivision A of Division 1 of Part 13 of the Environmental Protection and Biodiversity Conservation Act 1999.

Koala food tree

means a species of tree whose leaves are consumed by koalas as an important component of their diet. Includes primary and secondary food species listed in Appendix 2 of the Approved Recovery Plan for the Koala for Koala Management Area 1: North Coast, (DECC 2008).

Koala habitat

means vegetation that meets the definition of Primary, Secondary (Class A) or Secondary (Class B) habitat in accordance with the table below.

Koala Habitat type	Description
Primary habitat	Areas of forest and/or woodland wherein primary food trees species comprise the dominant or co-dominant (i.e ≥50%) overstorey tree species. Capable of supporting high density koala populations (≥ 0.75 koala/ha)
Secondary (class A)	Areas of forest and woodland wherein primary food trees are present, usually (but not always) growing in association with one or more secondary food tree species. Capable of supporting medium density koala populations (≥ 0.10 koala/ha but < 0.75 koala/ha)
Secondary (class B)	Areas of forest or woodland wherein primary food tree species are absent, habitat comprised of secondary and supplementary food tree species, capable of supporting viable, low density koala populations (< 0.10 koala/ha)

Landscaped area

means an area of ground available for planting and/ or management of vegetation.

Lawful point of discharge

means the point of discharge for stormwater from a development or a particular location if the location is under the lawful control of the Council or other statutory authority from whom permission to discharge has been received, and that in discharging in that location, the discharge will not cause an actionable nuisance.

Lawful structure

means any structure which has been subject to development consent and has been erected in accordance with that consent; or any structure where development consent was not required and was lawfully erected.

Locally indigenous

means a plant species that occurs naturally in Byron Shire and existed in the Shire prior to European settlement.

Low scale

means (in relation to Chapter D3 Tourist Accommodation of this DCP) rural tourist developments that are small enough to be generally managed and operated by the principal owner(s) living on the property. Such development must create minimal visual and environmental impacts on the surrounding natural features of an area by incorporating the appropriate measures (i.e. structure height, gross floor area, density, colour, energy-efficient building design, management of sewage and greywater, and composting) outlined in the Best Practice Guidelines and performance standards contained in Chapters 7 and 8 of the ‘Byron Rural Settlement Strategy 1998’.

Liquid trade waste

means liquid waste generated from a commercial or industrial development that requires treatment prior to disposal to the reticulated sewage system.

Main Arm Village Map

means the Map described as Map E7.1 – Main Arm Village Map in Chapter E7 Main Arm of this DCP.

Main Arm Village

means the land shown as ‘Main Arm Village’ on the Map E7.1 – Main Arm Village Map in Chapter E7 Main Arm of this DCP.

Manufactured home

means a self-contained dwelling (that is, a dwelling that includes at least 1 kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:

a) that comprises one or more major sections that are each constructed, and assembled, away from the manufactured home estate and transported to the estate for installation on the estate, and

b) that is not capable of being registered under the Traffic Act 1909

and includes any associated structures that form part of the dwelling.

Manufactured home estate

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

Medium density housing

means two or more dwellings on the same property.

Minimum useable undeveloped land area

means the area left available for OSMS installation (including requirements for the land application area) post-construction of the main dwelling, associated buildings (e.g. studios, garages, driveways, car parking and service access etc), and including OSMS buffer requirements.

Mixed use development

means, in relation to Chapter E5 Certain Locations in Byron Bay and Ewingsdale (E5.5 Bayshore Village) the following range of uses: commercial premises, community building, place of assembly, recreational facilities, restaurant or café and shops. It may also include residential uses.

Mixed waste

means waste such as concrete, bricks, timber, masonry, scrap metal, gyprock, soil etc presented at the Council’s landfill in a mixed load, not separated.

Mullumbimby Urban Area

means the land shown as ‘Mullumbimby Urban Area’ on Map E3.1 - Mullumbimby Urban Area Map in Chapter E3 Mullumbimby of this DCP.

Mullumbimby Urban Area Map

means the Map described as Map E3.1 – Mullumbimby Urban Area Map (read in combination with the Mullumbimby Precinct Maps – E3.2, E3.3, E3.4 and E3.5) in Chapter E3 Mullumbimby of this DCP.

Mural

means a piece of visual art created on an appropriate, publicly visible wall or surface with the permission of the property owner.

Native Species Planting Guide to Byron Shire

means the document of that name produced in 2012 and updated periodically. The Guide contains more than 1,580 plant species locally indigenous to Byron Shire that are cross indexed with a range of physical and ecological attributes. It is available on Council’s web site.

Neon sign

means illuminated signage constructed of neon tubing.

New release areas

refer to largely undeveloped sites that have been rezoned or subdivided for urban development (ie. residential, industrial, commercial) purposes in accordance with Council’s Climate Change Strategic Planning Policy.

Ongoing management

means (in relation to Chapter B8 Waste Minimisation and Management) post occupancy management of waste on-site.

On-site sewage management system or OSMS

includes all types of human waste storage and treatment facilities, e.g. septic tanks, cesspits, compost toilets, urinals. Also includes the wastewater application (dispersal) area, e.g. absorption trenches, irrigation fields.

Pathogen reduction

means removal or reduction of pathogens in the wastewater, usually by chemical disinfection but can also include ultraviolet radiation, and micro filtration (membrane). Stabilisation or maturation ponds are simple methods of pathogen reduction.

PMF

means Probable Maximum Flood, and has the same meaning as in the Floodplain Development Manual 2005.

Primary treatment

means a physical treatment process to remove suspended solids by settling, with or without chemical assistance.

Projected 2050 Flood Planning Level

means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metres freeboard plus projected climate changes allowances for the year 2050.

Projected 2100 Flood Planning Level

means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metres freeboard plus projected climate changes allowances for the year 2100.

Public art

is defined in the broadest sense as artistic works or activities accessible to the public. The work is of a permanent nature, located in or part of a public space or facility provided by both the public and private sector. Public art also includes the conceptual contribution of an artist to the design of public spaces and facilities.

Recyclable

means capable of being reprocessed into useable material and includes any item collected by Council’s Recycling Service.

Remnant vegetation

means the natural vegetation that still exists or, if the natural vegetation has been altered, is still representative of the structure and/or floristic composition of the natural vegetation.

Riparian corridor

means the transition zone between the land, also known as the terrestrial environment, and the river or watercourse or aquatic environment. Riparian corridors perform a range of important environmental functions such as:

· providing bed and bank stability and reducing bank and channel erosion

· protecting water quality by trapping sediment, nutrients and other contaminants

· providing diversity of habitat for terrestrial, riparian and aquatic plants (flora) and animals (fauna)

· providing connectivity between wildlife habitats

· conveying flood flows and controlling the direction of flood flows

· providing an interface or buffer between developments and waterways

· providing passive recreational uses.

The protection, restoration or rehabilitation of vegetated riparian corridors is important for maintaining or improving the shape, stability (or geomorphic form) and ecological functions of a watercourse.

Riparian vegetation

means vegetation occurring within the riparian corridor.

Riparian land

means land within 40 metres of the high bank of a watercourse. It is that part of the landscape adjoining rivers and streams that has a direct influence on the water and aquatic ecosystems.

Roof advertisement

means signage that is displayed on, or erected on or above, the parapet or eaves of a building.

Rural tourist accommodation

means (in relation to Section D3.3.4 and D3.3.5 of this DCP) a structure containing a room or suite of rooms used, or intended to be used, for the provision of holiday accommodation only. Such accommodation is to have a maximum of two bedrooms and must be freestanding.

Secondary treatment

means a process or processes that remove dissolved and suspended organic material by biological treatment and sedimentation. Some biodegradable organics, volatile organics, nitrogen and phosphorus are removed [e.g. activated sludge/ aerated treatment devices, sand filters, constructed wetlands].

Setback

has the same meaning as building line or setback in Byron LEP 2014.

Sewage

means any effluent of the kind referred to in paragraph (a) of the definition of waste in the dictionary to the Local Government Act 1993.

Sewered land

means land within the urban reticulated sewerage catchment.

Shared accommodation

(in relation to Chapter B13 Access and Mobility of this DCP) includes backpackers accommodation, bed and breakfast accommodation, boarding houses, farm stay accommodation, group homes, hostels, hotel or motel accommodation, residential accommodation in pubs, residential care facilities, tourist and visitor accommodation.

Shared zones

means, in relation to Chapter E5 Certain Locations in Byron Bay and Ewingsdale (E5.5 Bayshore Village) a reference to roads with low traffic volumes, which are shared by vehicles and pedestrians.

Shelterbelt

means a barrier of trees and shrubs that protects against, or buffers, the wind.

Shopping centre

means any combination of retail, office and business premises including department stores, discount stores, food and drink premises, supermarkets, specialty shops, secondary shops, service providers, (e.g. medical, hairdressing, travel, banking) and other offices. Generally the gross leasable floor area for a shopping centre would exceed 1000m²).

Site (or allotment)

means the area to which title is held, excluding any land zoned or reserved for any other purpose.

Site waste bins

means the receptacle provided for surplus and unwanted materials on-site.

Site waste minimisation and management plan (SWMMP)

means a written document, usually including graphics, that outlines measures to minimise and manage waste generated during various stages of a development, including demolition, construction and ongoing use of the development. In doing so the SWMMP specifies the method of recycling or disposal and the waste management service provider. It nominates for each stage:

1. Volume and type of waste and recyclables to be generated;

2. Storage and treatment of waste and recyclables on site;

3. Disposal of residual waste and recyclables; and

4. Operational procedures for ongoing waste management once the development is complete.

5. Other matters specified by Chapter B8 Waste Minimisation and Management of this DCP.

Small Lots

Means vacant residential lots less than 350m²in area.

Social impact assessment scope

means the pro-forma completed at the pre-lodgement meeting by the applicant and Council staff to identify issues of concern, delineate study boundaries and define community consultation requirements.

Social impact management plan

means a plan identifying the likely social impacts of a proposed development and ongoing requirements for mitigation and management of those impacts.

Sorted waste

means waste such as concrete, bricks, timber, masonry, scrap metal, gyprock, soil etc presented at the landfill in sorted loads, for example, are presented in individually separated skips or are kept separate in a domestic size trailer.

Special purpose facilities

means infrastructure, community service and other developments where use of the General FPL is considered to represent an unacceptable level of risk for the type of development. Included in this category are developments such as: generating works; sub stations; liquid fuel depots; units for aged persons (other than self-care); retirement villages (other than self-care); schools; and hazardous industries.

Special waste

means medical and household hazardous waste, chemicals and other associated products past their expiry dates or contaminated or toxic materials or products.

Spot assessment technique

means the koala survey methodology outlined by Phillips and Callaghan 2011.

Stockpile

means an accumulation of materials for future reuse, recycling or disposal.

Stratum lot

means a lot that is limited in height or depth (or both) by reference to Australian Height Datum or another datum approved by the Surveyor-General, but does not include a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.

Stream order

means the stream or waterway order number developed by Strahler. Figure 1 shows the Strahler stream ordering method. Numbering begins at the top of a catchment with headwater flow paths being assigned the number 1. Where two flow paths of order 1 join, the section downstream of the junction is referred to as a second order stream. Where two second order streams join, the waterway downstream of the junction is referred to as a third order stream, and so on. Where a lower order stream (e.g. first order) joins a higher order stream (e.g. third order), the area downstream of the junction will retain the higher number (i.e. it will remain a third order stream).

Figure 1 Stream ordering of catchment using the Strahler (1952) method

Studio

means a building that is detached from but ancillary to a dwelling, used or intended to be used for a purpose that is permissible in the dwelling, where because of its nature or space requirements the proposed use is not practical within the confines of the dwelling.

Suffolk Park Urban Area Map

means the Map described as Map E1.1 – Suffolk Park Urban Area Map in Chapter E1 Suffolk Park of this DCP.

Suffolk Park Urban Area

means the land shown as ‘Suffolk Park Urban Area’ on Map E1.1 Suffolk Park Urban Area Map in Chapter E1 Suffolk Park of this DCP.

Surrounding Landowner

means a landowner up to 500m from the application site.

Tallow Creek Floodplain Risk Management Study and Plan

means the report prepared for Council in 2009 that models and maps the land affected by flooding and assists Council in managing the risk in the Tallow Creek floodplain. It is available on Council’s web site.

Tertiary treatment

means a process or processes that provide effluent polishing and may include higher levels of nutrient removal (nitrogen and phosphorus), removal of dissolved solids and removal of heavy metals. Technology used may include filtration, membrane filtration, and detention in polishing lagoons or wetlands; usually combined with coagulation, sedimentation (or flotation), filtration and disinfection.

Threatened ecological community

means an ecological community specified in Part 2 Schedule 2 , Part 3 of Schedule 1 or Part 2 of Schedule 1A of the Threatened Species Conservation Act 1995; or Subdivision A of Division 1 of Part 13 of the Environmental Protection and Biodiversity Conservation Act 1999.

Threatened population

means a population specified in Part 2 of schedule 1 of the Threatened Species Conservation Act 1995.

Threatened species

means a species specified in Part 1 or 4 of Schedule 1, or Schedule 2 of the Threatened Species Conservation Act 1995; or Subdivision A of Division 1 of Part 13 of the Environmental Protection and Biodiversity Conservation Act 1999; or Part 7A of the Fisheries Management Act 1994.

Tourist accommodation

has the same meaning as tourist and visitor accommodation, camping ground, caravan park and eco-tourist facility in Byron LEP 2014.

Trade waste

means refuse or waste material arising from any trade or industry, but excludes liquid waste, demolition waste, contaminated waste, green waste or recyclable material.

Transport corridor land

means the following land:

a) land comprising a railway corridor,

b) land comprising a road corridor,

c) land zoned industrial under an environmental planning instrument and owned, occupied or managed by the RMS or RailCorp.

Tweed Street Masterplan

means the plan adopted by Council on 26 August 2010 (Resolution 10-629) that sets out the preferred strategic direction and vision for the future development of Tweed Street, Brunswick Heads

Unsewered land

means land outside the urban reticulated sewerage catchment.

Vegetation management plan or VMP

means a plan which describes how the vegetation occurring on a property will be managed to ensure it is protect and enhanced, during and following the development of land.

Vegetation removal

means any activity or work that affects vegetation and includes the undertaking of any of the following actions with regard to vegetation: burning, clearing, cutting down, destroying, felling, injuring, killing, logging, lopping, poisoning, pruning, removing, ringbarking, slashing, thinning, topping, digging up or uprooting.

Visually prominent development

means any development located on a visually prominent site or development in a location that has the potential to impact the visual or scenic character of a visually prominent site.

Visually prominent site

means land that is wholly or partly within the coastal zone; and land in Zone RU1 Primary Production, RU2 Rural Landscape with a height of 60m AHD or greater.

Volume reduction equipment

means machinery capable of compacting garbage to make efficient use of space. Such techniques should not be used on recyclable material unless specified.

Water sensitive urban design or WSUD

means an holistic approach to the planning and design of urban development that aims to minimise negative impacts on the natural water cycle and protect the health of aquatic ecosystems through the integration of stormwater, water supply and sewage management at the development scale.

Waste

has the same meaning as in the Protection of the Environment Operations Act 1997, and includes:

1. any substances (whether solid, liquid or gaseous) that is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment, or

2. any discarded, rejected, unwanted, surplus or abandoned substance, or

3. any otherwise discarded, rejected, unwanted, surplus or abandoned substances intended for sale or for recycling, reprocessing, recovery or purification by a separate operation from that which produced the substance, or

4. any substance prescribed by the Protection of the Environment Operations Regulations to be waste for the purposes of the Protection of the Environment Operations Act 1997.

A substance is not precluded from being waste for the purposes of the Protection of the Environment Operations Act 1997 merely because it can be reprocessed, re-used or recycled.

Waste/ recycling cupboard

means a storage area within each dwelling (usually in the kitchen) of a size sufficient to enable source separation of a single day’s waste into garbage, recyclables and compostable material.

Wastewater

means the water carrying wastes from dwellings and other premises.

Wildlife corridor

means an area of habitat or land managed to promote the movement, migration, colonisation and interbreeding of plants and animals between two or more larger areas of habitat. For the purposes of this DCP it includes areas identified and mapped as a wildlife corridor by Council as part of the Byron Biodiversity Conservation Strategy 2004 as amended.

Workspace

means, in relation to Chapter E5 Certain Locations in Byron Bay and Ewingsdale (E5.5 Bayshore Village) the component of a dwelling that is used as a commercial premises, or for the purposes of home industry, creative industry or light industry.

Appendix A2 Development Application Process

The various stages and key steps involved in the Development Application process are summarised below:

1. Pre-lodgment

1. Review Planning Controls for your property

2. Discuss your proposal with the Development Support Officer (DSO) or arrange a meeting with the Pre-lodgment meeting if appropriate

3. Obtain the services of a Planning Consultant if required

4. Prepare plans and drawings

5. Prepare and undertake pre-lodgment consultation with the community if applicable

2. Preparation and lodgment of application and initial administration

1) Complete the application form and including:

a) Any necessary specialist reports

b) DA form

c) All matters required for a DA as listed in the EP&A Regulation (Schedule 1, Part 1)

d) Required fees

2) Lodge with Council’s DSO during office hours, or by mail

3) Council will review the information provided,

a) if adequate the DA is registered and will advise you of the planner responsible for assessing your applications

b) If inadequate, further information may be required before it is accepted for lodgment.

3. Referrals and Public Notification

1) Where required, adjoining owners notified, sign erected on land, newspaper notice

2) External referrals, e.g. RMS, OEH

3) Internal referrals, e.g. engineering, environmental health

4) Submissions from public and internal/ external referrals received and considered

4. Assessment

1) Site inspection, planning assessment (Section 4.15 EP&A Act)

2) Liaison with applicant if required

3) Report prepared recommending either approval (with conditions) or refusal (with reasons)

5. Determination

1) Decision by Council officer under delegation, or by Councillors at a formal meeting, in which case you may address the meeting if you wish.

2) Formal 'Notice of Determination' to the applicant.

3) Determination advertised within the Council Notices section of the local newspaper.

6. Development commencement

1) Construction Certificate before work commences, issued either by Council or a Private Certifier

2) 2 days notice to Council before commencement

3) Inspections during construction either by Council or Private Certifier

4) Final inspection, all conditions satisfied

5) Occupation certificate issued

CHAPTER 17 – PUBLIC EXHIBITION AND NOTIFICATION OF DEVELOPMENT APPLICATIONS

1....... Citation and Parameters.. 3

2....... Objectives.. 3

3....... Community Consultation Prior to Development Application Lodgement 3

3.1.... Minimum Requirements for pre-lodgement community consultation. 4

3.2.... Minimum Documentation Required upon Lodging the Development Application. 5

3.3.... Timing of Pre-lodgement community consultation. 5

4....... Forms of Public Exhibition and Notification.. 6

4.1.... Display within Council’s Website: 6

4.2.... Newspaper Notice. 6

4.3.... Letter to adjoining and/or surrounding landowners: 6

4.4 ... Site Notices. 7

4.5.... Exhibition Period. 7

5....... Levels of Public Exhibition and Notification.. 8

5.1.... No Public Exhibition or Notification. 8

5.2.... Level 1. 9

5.3.... Level 2. 10

5.4.... Level 3. 11

6....... Public Exhibition and Notification of Applications to Modify Development Consents and Review of Determinations.. 11

6.1.... Exceptions. 11

7....... Notification to the Bundjalung of Byron Bay (Arakwal) 12

8....... Increases in the Level of Public Notification or Exhibition.. 12

9....... Waiving of public notification or exhibition.. 12

10. ... Determination of a Development Application - Statement of Reasons.. 12

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1. Citation and Parameters

(a) This plan may be cited as Byron Shire Development Control Plan 2010 Chapter No. 17 – Public Exhibition and Notification of Development Applications.

(b) This Chapter is prepared pursuant to Section 3.43 of the Environmental Planning and Assessment Act, 1979. In accordance with Section 3.43(1)(c) this plan provides for particular advertising and/or notification relating to specified development. This plan does not include public participation provisions relating to:

(i) Designated Development;

(ii) State Significant Development;

(iii) Advertised Development; or

(iv) Other Advertised Development,

as defined within Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

(c) Definitions are those contained in the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, the Local Government Act 1993 and Byron Local Environmental Plan 1988.

(d) This DCP chapter shall prevail over any other DCP chapter with regard to advertising and public exhibition and notification provisions.

2. Objectives

The objectives of this chapter are:

(a) To provide for public participation in the development application process.

(b) To specify which development applications will require pre-lodgement community consultation, which will be notified, which will be advertised and which will not be notified or advertised.

(d) To specify the procedures for advertising and notification of development applications.

(e) To specify which applications to modify consents (Section 4.55) will be placed on public exhibition or notified.

(f) To specify where an application is made to review a determination (Division 8.2 & Section 8.9) and amendments are made to the development described in the original application, when that application will be placed on public exhibition or notified.

(g) To recognise the traditional owners of the land in Byron Shire Council and to provide them with an opportunity to provide advice to Council on matters of Aboriginal significance and heritage.

3. Community Consultation Prior to Development Application Lodgement

For all developments considered to be community significant development, consultation with the community is required prior to the lodgement of the development application.

The following development types will always be considered as community significant development.

a) a building with a gross floor area of 5,000m2 or more in an industrial, rural or commercial zone; or

b) any development that will be referred under the Act to the Joint Regional Planning Panel; or

c) any subdivision resulting in 50 lots or more; or

d) residential accommodation resulting in 10 or more dwellings; or

e) any development that proposes demolition of a heritage listed item; or

f) pubs; or

g) small bars (nightclubs) within the meaning of the Liquor Act 2007; or

h) function centres; or

i) restaurants in rural areas; or

j) offensive industries; or

k) telecommunications facilities.

3.1 Minimum Requirements for pre-lodgement community consultation

Pre-consultation with communities likely to be affected by community significant development will assist with identifying issues of concern and enable the development design to respond at an early stage. Pre-consultation can reduce costs, time and quantities of submissions.

The following Pre-lodgement community consultation must always be carried out as a minimum:

a) A facilitated community meeting or workshop.

The following advertisements must always be undertaken as a minimum prior to the consultation period, giving at least 10 days notice of the above meeting or workshop:

a) Advertisement in a weekly Shire wide newspaper,

b) Site notice

c) Letter to any known community groups and/or property owners within 500m of the proposed development,

d) Use of social media platform

The following must always be included in the above advertisements as a minimum:

a) An explanation of the proposed application, noting that it has not yet been lodged with Council,

b) Details of where further information can be found,

c) Information, including the date and time, on the arranged community meeting or workshop,

d) Alternative avenues for feedback to be shared – email, telephone etc.

e) Final date feedback will be received and considered.

Council will consider facilitating/assisting pre-lodgement consultation processes within reasonable means which may include:

a) Putting applicants in contact with local community groups

b) Attending community meetings

c) Publishing details of the proposed application and consultation on Council’s website and Council’s foyer screens.

It is the responsibility of the applicant to collect and collate the submissions and/or feedback received.

3.2 Minimum Documentation Required upon Lodging the Development Application

In addition to any requirements when submitting a development application, the following documents are required where a development requires pre-lodgement consultation with the community.

The developer must submit a report to Council as part of the development application at the time of lodgement.

At a minimum, submitted information must include:

a) a statutory declaration that consultation was undertaken in accordance with this DCP

b) accurate details of the nature and extent of the consultation

c) copies of what the community was shown during the consultation process

d) copies of all submissions and/or written feedback received

e) a summary of how the community responded to the proposal and the main comments received

f) an outline on how the submitted application has responded to the community’s concerns with meaningful changes highlighted. If the application being submitted is substantially different to what the community was shown during the consultation period detailed reasons are to be given for how and why the proposal is different. Where there are significant changes that do not respond to community feedback, further pre-consultation may be required.

This report will be made publicly available through the statutory notification period for the development application.

3.3 Timing of Pre-lodgement community consultation

The developer must ensure that the community has adequate time to consider and comment on a proposal depending on its complexity and the issues involved.

Development applications advertised during periods of public holiday will have their exhibition period extended by a minimum of the holiday period.

4. Forms of Public Exhibition and Notification

Public exhibition and notification of development applications must consist of one or more of the following components:

4.1 Display within Council’s Website:

4.2 Newspaper Notice

A public notice must be placed within a newspaper that is circulated within the Byron Shire on the day the public exhibition period commences. That notice must be repeated one week later. The notice must contain the following:

a) a description of the land (including the address) on which the development is proposed to be carried out,

b) the name of the applicant and the name of the consent authority,

c) a description of the proposed development,

e) the dates of the exhibition period,

f) a statement that any person during the exhibition period may make a written submission to the General Manager in relation to the application,

g) a statement that, where the submission is by way of objection, the submission must set out the grounds of the objection.

h) a statement as to Council’s policy for suppling copies of written submissions to other people

i) in the case of an application to modify consent, a statement summarising the modification sought.

4.3 Letter to adjoining and/or surrounding landowners:

A letter to an adjoining and/or surrounding landowner is to be posted no later than three business days before the exhibition period and must contain the following information;

a) a description of the land (including the address) on which the development is proposed to be carried out,

b) the name of the applicant and the name of the consent authority,

c) a description of the proposed development,

e) the dates of the exhibition period,

f) a statement that the person may during the exhibition period may make a written submission to the General Manager in relation to the development application,

g) a statement that where the submission is by way of objection the submission must set out the grounds of the objection.

h) a statement as to Council’s policy for suppling copies of written submissions to other people.

i) In the case of an application to modify consent, an outline of the modification sought.

j) notification that an email address must be supplied to Council by all those wishing to stay informed on the progress and outcome of the development application. Email addresses should be supplied to council@byron.nsw.gov.au stating the development application number.

An adjoining landowner is a person who owns land that abuts the land the subject of the development application or is separated only by a road, access handle, railway line or public pathway.

A surrounding landowner is a person who owns land up to 500m in distance from the application site.

When notifying adjoining and/or surrounding landowners;

a) if the land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a written notice to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and

b) if the land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a written notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and

c) if the land is owned or occupied by more than one person, a written notice to one owner or one occupier is taken to be a written notice to all the owners and occupiers of that land.

4.4 Site Notices

A sign on the land is to be erected by Council no later than the day before the exhibition period and;

a) must be headed in capital letters and bold type ‘DEVELOPMENT PROPOSAL’,

b) must display a copy of the notice to be placed in the local newspaper and, if practical, a plan showing the boundaries of the development,

c) must contain the applicant, a brief description of the development proposal and the location where further details can be found,

d) must be erected on the land to which the development application relates,

f) must be displayed on a board with minimum dimensions of A3 standard paper,

4.5 Exhibition Period

The exhibition period is determined by the type and scale of the development as per clause 5 of this DCP chapter. The period between 20 December and 10 January (inclusive) is excluded from the calculation of a period of public exhibition as per schedule 1 of the Environmental Planning and Assessment Act 1979 (The Act).

Development applications advertised during periods of public holiday will have their exhibition period extended by a minimum of the holiday period.

If a particular matter has different exhibition or notification periods that apply, the longer period applies.

5. Levels of Public Exhibition and Notification

5.1 No Public Exhibition or Notification

No Public Exhibition or Notification

Development applications involving the following types of development will not be exhibited or notified:

Development Types

¨ Advertising signs and structures.

¨ Agriculture.

¨ Alterations and additions to a building type that is not specifically listed in Level 1 or Level 2.

¨ Boundary adjustment subdivisions that do not provide an additional dwelling entitlement.

¨ Buildings and works ancillary to a dwelling-house (garages, pools, sheds, fences etc.).

¨ Buildings and works ancillary to agriculture 5 metres or greater from a property boundary.

¨ Change of use to a commercial premises within a Business Zone.

¨ Change of use to a light industry within an Industrial Zone.

¨ Commercial premises within a Business Zone that are single storey.

¨ Demolition of a structure that is not a heritage item.

¨ Development required to be carried out in an emergency (e.g. relocation of a dwelling to prevent damage from coastal erosion).

¨ Dwelling-houses that are single storey.

¨ Dwelling-houses that are double storey and comply with the prescriptive measures of this DCP for setbacks and building height plane.

¨ Environmental facilities.

¨ Forestry involving establishment of native plantations.

¨ Fences.

¨ Industrial buildings within an Industrial Zone.

¨ Internal alterations to a building.

¨ Shops within a Business Zone that are single storey.

¨ Strata subdivision of existing buildings.

¨ Tree removals and tree lopping.

¨ Utility installations.

5.2 Level 1

Level 1

Development applications, with less than $3 million dollar estimated development cost, involving the following types of development will be notified via:

§ a letter to adjoining landowners, as defined in 4.3 of this DCP.

§ a fourteen (14) day exhibition period.

Only those adjoining landowners who may detrimentally affected by the proposed development will be notified (e.g. a garage with a reduced setback will only be notified to the immediately adjoining landowner). Exhibition of the proposal will take place within Council’s website.

Development Types

¨ Alterations and additions to building or use that is included within this Level.

¨ Buildings ancillary to agriculture within 5 metres of a property boundary.

¨ Change of use to a light industry not within an Industrial Zone.

¨ Clearing of land within a Rural Zone.

¨ Dwelling-houses that do not comply with the prescriptive measures of this DCP for setbacks and building height plane.

¨ Dual occupancy developments.

¨ Professional consulting rooms.

¨ Rural industries.

¨ Rural tourist facilities.

¨ Rural workers dwellings.

¨ Secondary dwellings.

¨ Any other development type not listed in any other level.

5.3 Level 2

Level 2

Development applications, with less than $20 million dollar estimated development cost, involving the following types of development will be notified and exhibited via:

§ a letter to adjoining landowners, as defined in 4.3 of this DCP.

§ a site notice

§ a newspaper notice.

§ notification to the Bundjalung of Byron Bay (Arakwal) where located within a property that is mapped as an area of Aboriginal significance or Development on a public reserve or community land.

§ a fourteen (14) day exhibition period.

§ exhibition of the proposal will take place within Council’s website.

Development Types

¨ Any development type listed under with an estimated development cost of more than $3 million dollars and less than $20 million dollars

¨ Animal establishments.

¨ Brothels.

¨ Change of use to a restaurant within a Business Zone.

¨ Change of use to a shop or a food shop within a Business Zone

¨ Change of use to a drive-in take-away food shop within a Business Zone

¨ Demolition of a building or work that is an item of environmental heritage or a use of a building or land that is an item of environmental heritage for a purpose that would otherwise be prohibited.

¨ Development on a public reserve or community land.

¨ Educational establishments.

¨ Erection of a general store or shop within a Residential Zone.

¨ Forestry involving harvesting of native forests or establishing non-native plantations.

¨ Hotels.

¨ Hostels.

¨ Liquid fuel depots.

¨ Motels.

¨ Places of assembly.

¨ Places of public worship.

¨ Residential flat buildings, tourist facilities, multiple occupancies or the like.

¨ Restaurants and commercial premises other than within a Business Zone.

¨ Sawmills.

¨ Subdivisions involving the creation of additional allotments.

¨ Tourist facilities.

¨ Clearing of land within an Environmental Protection Zone.

¨ Non-designated extractive industries.

¨ Offensive or hazardous industries.

¨ Residential flat buildings, tourist facilities or the like.

5.4 Level 3

Level 3

Development applications involving the following types of development will be notified and exhibited via:

§ a letter to adjoining landowners and surrounding landowners

§ Site notification

§ a newspaper notice

§ notification to the Bundjalung of Byron Bay (Arakwal) where located within a property that is mapped as an area of Aboriginal significance or Development on a public reserve or community land.

§ a twenty one (21) day exhibition period.

§ exhibition of the proposal will take place within Council’s website.

§ Notification to all community members involved in the pre-consultation process

Development Types

¨ Any development type with an estimated development cost of $20 million dollars or more

¨ Any development application that will be referred to the Joint Regional Planning Panel for determination

¨ Subdivision that create more than 50 lots

¨ Telecommunication towers

6. Public Exhibition and Notification of Applications to Modify Development Consents and Review of Determinations

Applications to modify a development consent pursuant to Section 4.55(1A), 4.56(AA) and 96(2), and applications to review a determination pursuant to Division 8.2 and Section 8.9 of the Environmental Planning and Assessment Act 1979, must be placed on public exhibition and notified in the same manner as described above, as for the original development application.

6.1 Exceptions

(a) modification to conditions of consent where those conditions do not involve the design or location of a building (or key component) or hours of operation,(i.e. developer contributions); or

(b) modification considered by Council to be a minor change to the proposed development and of low environmental impact (i.e. altered car parking layout, changes to the entry of a shop); or

(d) modification to a dwelling-house which does not involve a reduction in setback of the dwelling-house from the boundaries of the property; or modification to the first or higher floor level of the dwelling-house; or

(e) In the case of Division 8.2 or Section 4.56, where no amendments are made to the development described in the original application.

7. Notification to the Bundjalung of Byron Bay (Arakwal) and Land Councils

Written notification shall be provided to the Bundjalung of Byron Bay (Arakwal) for development on a public reserve or community land; or applications listed within the category of Level 2, where such developments are located within a property that is mapped by Byron Shire Council, in association with Bundjalung of Byron Bay (Arakwal), as having Aboriginal significance.

Written notification shall be provided to the Bundjalung of Byron Bay (Arakwal) and relevant Land Council for any of the following:

a) development on a public reserve or community land,

c) Artwork subject to Chapter D8 that:

(i) is produced in an Indigenous style; or

(ii) is identified as an Aboriginal artwork; or

(iii) is in any way related to Indigenous heritage or culture

8. Increases in the Level of Public Notification or Exhibition

Council may, at its discretion:

(a) notify or publicly exhibit (Levels 1 to 2) a development application that would not have been otherwise notified or publicly exhibited; or

(b) publicly exhibit (Level 2) a development application that would not have been otherwise publicly exhibited (ie. Level 1); or

Council’s discretion on this matter will have regard to:

(i) whether previous developments on the land have received a significant level of objection; or

(ii) the location of the development is unique in terms of unusual landform or vegetation; or

(iii) the size or extent of the development is beyond that which would normally be expected for the category of development.

Council may increase the level of public exhibition at the time of first giving public notice or at any time prior to the conclusion of the exhibition period.

9. Waiving of public notification or exhibition

Council has the discretion to waive the public notification or exhibition of any application.

10. Determination of a Development Application - Statement of Reasons

Once a development application has been determined, Council will email notification to all submitters and interested parties who supplied a valid email address – as per 4 of this DCP chapter.

This will include:

a) the decision, and

b) the date of the decision, and

c) the reasons for the decision, and

d) how community views were taken into account in making the decision

PART A - GENERAL

A1. PREAMBLE.. A2

What is this Plan called?. A2

Where does this Plan apply?. A2

A2. PURPOSE AND STRUCTURE.. A3

What is the Purpose of this DCP?. A3

How is this Development Control Plan structured?. A3

A3. OBJECTIVES.. A4

What are the Objectives of this DCP?. A4

A4. PROCEDURES.. A5

How does this DCP work?. A5

When is a Development Application not required?. A5

When is a Development Application required?. A5

When is an Environmental Impact Statement (EIS) required?. A5

How does Council consider a Development Application?. A6

What information is required to submit a Development Application?. A6

A5. TREE PRESERVATION AND VEGETATION MANAGEMENT.. A7

A6. PLANNING FOR CRIME PREVENTION.. A8

Formal Crime Risk Assessment A8

Applying CPTED Principles. A8

A7. DEFINITIONS.. A11

What do terms used in this DCP mean?. A11

A8 PERSPECTIVES AND MODELS.. A18

A9 BUFFER ZONES.. A19

A9.1 Element – Buffer Areas. A19

A1. PREAMBLE

A1. PREAMBLE

What is this Plan called?

This Plan is called Byron Shire Development Control Plan 2010 (DCP 2010).

Where does this Plan apply?

DCP 2010 applies to the whole of Byron Shire.

How does this plan relate to other plans?

This plan has been prepared in accordance with Clause 74C of the Environmental Planning and Assessment Act 1979 and the requirements of the Environmental Planning and Assessment Regulation 2000.

DCP 2010 repeals the following plans:

· Byron Development Control Plan 2002

· Development Control Plan No 3 – The Epicentre, Border Street, Belongil

· Development Control Plan No 4 – Friday Hut Road, Coorabell

· Development Control Plan No 6 – Bayside Brunswick Estate

· Development Control Plan No 7 – Village of Federal

· Development Control Plan No 8 – Village of Main Arm

· Development Control Plan No 9 – Suffolk Park

· Development Control Plan No 10 – Cooper’s Shoot Small Holdings Zone

· Development Control Plan No 11 – Mullumbimby

· Development Control Plan No 12 – Bangalow

· Development Control Plan No 14(a) – South Ocean Shores

· Development Control Plan No 15 – Industrial Development

· Development Control Plan No 16 – Exempt and Complying Development

· Development Control Plan No 17 – Public Exhibition and Notification of Development Applications

· Development Control Plan No 18 – Becton Site and Adjoining Lands

· Development Control Plan No 19 – Broken Head

· Development Control Plan No 20 – Bayshore Village Byron Bay

· Development Control Plan No 21 – Social Impact Assessment

The plan is generally consistent with the provisions of Byron Local Environmental Plan 1988 as amended.

Reference should be made to adopted Policies and Guideline documents prepared by Council.

A2. PURPOSE AND STRUCTURE

A2. PURPOSE AND STRUCTURE

What is the Purpose of this DCP?

The purpose of DCP 2010 is to provide planning strategies and controls for various types of development permissible in accordance with Byron Local Environmental Plan 1988.

How is this Development Control Plan structured?

DCP 2010 contains the following Chapters:

Chapter 1: Part A General

Part B Subdivision

Part C Residential Development

Part D Commercial Development

Part E Public Art

Part F Waste Minimisation and Management

Part G Vehicle Circulation and Parking

Part H Landscape

Part I Not in Use

Part J Coastal Erosion Lands

Part K Flood Liable Lands

Part L Signs

Part M Not in Use

Part N Stormwater Management

Chapter 2: Not in Use

Chapter 3: Not in Use

Chapter 4: Friday Hut Road, Coorabell

Chapter 5: Not in Use

Chapter 6: Bayside Brunswick Estate

Chapter 7: Village of Federal

Chapter 8: Village of Main Arm

Chapter 9: Suffolk Park

Chapter 10: Cooper’s Shoot Small Holdings Zone

Chapter 11: Mullumbimby

Chapter 12: Bangalow

Chapter 13: Not in Use

Chapter 14: South Ocean Shores

Chapter 15: Industrial Development

Chapter 16: Exempt and Complying Development

Chapter 17: Public Exhibition and Notification of Development Applications

Chapter 18: Becton Site and Adjoining Lands

Chapter 19: Broken Head

Chapter 20: Bayshore Village Byron Bay

Chapter 21: Social Impact Assessment

Chapter 22: Bangalow Urban Release Areas (Rezoned 2010)

A3. OBJECTIVES

What are the Objectives of this DCP?

The specific objectives for each matter included in this plan are described in the Chapter relating to that matter.

The general objectives of this plan are:

· To provide development controls and guidelines which will assist in achieving the Aim, Objective and Guiding Principles of Byron Local Environmental Plan 1988.

· To provide development controls and guidelines which are sufficiently flexible to promote innovative and imaginative building and development which relates well to its surroundings, both man-made and natural but sufficiently defined to remove ambiguity.

· To promote and encourage a high quality of design and amenity for all development in the Shire.

· To manage change in a way that ensures an ecologically, socially and economically sustainable urban and rural environment in which the needs and aspirations of the community are recognised.

A4. PROCEDURES

How does this DCP work?

Specific requirements for various forms of development addressed by DCP 2010 are generally divided into the primary Control Elements of the particular type of development. Control Elements comprise Element Objectives, Performance Criteria and Prescriptive Measures. In some cases both Performance Criteria and Prescriptive Measures are specified, but in other cases only one of those criteria is specified.

Every development proposal must meet the Element Objectives. This will usually be achieved by meeting the prescriptive measures. The prescriptive measures are requirements that Council considers are likely to meet the objectives and performance criteria of the particular control element. Alternatively Council may be prepared to approve development proposals that are demonstrated to meet both the element objectives and the performance criteria. This provision enables the development of innovative schemes that meet the particular characteristics of an individual site.

When is a Development Application not required?

The following Instruments and documents specify certain circumstances in which various types of development may be carried out without the prior submission and approval of a Development Application:

· Byron Local Environmental Plan 1988

· State Environmental Planning Policy (SEPP) No. 4 – Development Without Consent

· State Environmental Planning Policy (SEPP) (Exempt and Complying Development Codes) 2008

· State Environmental Planning Policy (SEPP) (Infrastructure) 2007

· Byron Shire DCP 2010 Chapter 16 – Exempt and Complying Development

Council’s planning staff should be consulted to assist in determining whether or not a Development Application is required for particular developments. You may need to seek legal advice.

When is a Development Application required?

A development application is required for all permissible development, other than that listed above. Prior to the commencement of a development, formal Council consent is required. Consent can be sought through the submission of a Development Application.

Different information may be required for different types and scales of development so applicants are encouraged to consult with Council staff to determine critical issues and applicable standards prior to the preparation of plans.

When is an Environmental Impact Statement (EIS) required?

The Environmental Planning and Assessment Regulation 2000 classifies certain developments which have the potential to cause significant environmental impact, as Designated Development.

Designated development requires the preparation and assessment of an Environmental Impact Statement (EIS) as part of a Development Application. Proponents of designated development are required to consult with the Department of Planning for guidelines for the preparation of the EIS.

Council’s planning staff can advise whether or not particular developments will be Designated Development. You may need to seek legal advice.

How does Council consider a Development Application?

In assessing development proposals, Council will have regard to Section 79C of the Environmental Planning and Assessment Act, 1979. The assessment process will consider how the development satisfies the Aim, Objectives and Guiding principles of Byron Local Environmental Plan 1988 and how it conforms with the provisions of this DCP. In assessing development proposals, consideration will also be given to how they comply with the provisions of North Coast Regional Environmental Plan, relevant State Environmental Planning Policies (SEPPs) and any other applicable Environmental Planning instruments.

What information is required to submit a Development Application?

See the Environmental Planning and Assessment Regulation 2000 – Schedule1.

A5. TREE PRESERVATION AND VEGETATION MANAGEMENT

Council’s Tree Preservation Order (TPO) sets out controls on clearing, removing, trimming and managing trees and certain other vegetation in Byron Shire. It also details the procedures required to obtain consent under the TPO.

The Threatened Species Conservation Act 1995 and the Native Vegetation Act 2003 also contain provisions which regulate clearing, removing or damaging certain vegetation in NSW. Approval may be required from state government agencies such Department of Environment, Climate Change and Water.

Council’s planning staff can assist with advice on tree and vegetation preservation requirements in Byron Shire.

A6. PLANNING FOR CRIME PREVENTION

The Department of Urban Affairs and Planning in April 2001 published “Crime prevention and the Assessment of Development Applications – Guidelines under Section 79C of the Environmental Planning and Assessment Act 1979”. The Guidelines recognise the principles of Crime Prevention Through Environmental Design (CPTED), and establish two levels of assessment of crime risk for consideration of Development Applications:

1. A formal Crime Risk assessment is required for any development which, in the Council’s opinion, is likely to create a risk of crime.

2. CPTED principles are to be considered in the assessment of all developments.

Formal Crime Risk Assessment

Council will usually undertake formal Crime Risk Assessments in consultation with local Police.

Council will undertake a formal Crime Risk Assessment for the following types of development:

· New or refurbished shopping centres or transport interchanges;

· Residential developments comprising more than 20 dwellings;

· Development or redevelopment of a mall or other public place, including the installation of new street furniture; and

· Other developments which, in the Council’s opinion, are likely to create a risk of crime.

Development applications for all such proposals are to be accompanied by a Crime Risk Assessment prepared by or on behalf of the applicant, which:

· Assesses the crime risk characteristics of the area; and

· Addresses the CPTED principles outlined in this Section of the DCP as they apply to the proposed development.

Applying CPTED Principles

The following CPTED principles will be considered by Council where relevant in assessing all development applications. Statements of Environmental Effects accompanying Development Applications should address these principles where relevant. A comprehensive assessment of all relevant CPTED principles by the applicant will facilitate Council’s processing of applications.

The CPTED principles

There are four principles that need to be used in the assessment of development applications to minimise the opportunity for crime:

· surveillance

· access control

· territorial reinforcement

· space management.

1. Surveillance

Providing opportunities for effective surveillance, both natural and technical can reduce the attractiveness of crime targets.

Good surveillance means that people can see what others are doing. People feel safe in public areas when they can easily see and interact with others. Would-be offenders are often deterred from committing crime in areas with high levels of surveillance. From a design perspective, 'deterrence' can be achieved by:

· clear sightlines between public and private places

· effective lighting of public places

· landscaping that makes places attractive, but does not provide offenders with a place to hide or entrap victims.

2. Access control

Physical and symbolic barriers can be used to attract, channel or restrict the movement of people. They minimise opportunities for crime and increase the effort required to commit crime.

By making it clear where people are permitted to go or not go, it becomes difficult for potential offenders to reach and victimise people and their property. Illegible boundary markers and confusing spatial definition make it easy for criminals to make excuses for being in restricted areas. However, care needs to be taken to ensure that the barriers are not tall or hostile, creating the effect of a compound.

Effective access control can be achieved by creating:

· landscapes and physical locations that channel and group pedestrians into target areas

· public spaces which attract, rather than discourage people from gathering

· restricted access to internal areas or high-risk areas (like carparks or other rarely visited areas). This is often achieved through the use of physical barriers.

3. Territorial reinforcement

Community ownership of public space sends positive signals. People often feel comfortable in, and are more likely to visit, places which feel owned and cared for. Well used places also reduce opportunities for crime and increase risk to criminals.

If people feel that they have some ownership of public space, they are more likely to gather and to enjoy that space. Community ownership also increases the likelihood that people who witness crime will respond by quickly reporting it or by attempting to prevent it. Territorial reinforcement can be achieved through:

· design that encourages people to gather in public space and to feel some responsibility for its use and condition

· design with clear transitions and boundaries between public and private space

· clear design cues on who is to use space and what it is to be used for.

Care is needed to ensure that territorial reinforcement is not achieved by making public spaces private spaces, through gates and enclosures.

4. Space management

Popular public space is often attractive, well maintained and well used space. Linked to the principle of territorial reinforcement, space management ensures that space is appropriately utilised and well cared for.

Space management strategies include activity coordination, site cleanliness, rapid repair of vandalism and graffiti, the replacement of burned out pedestrian and car park lighting and the removal or refurbishment of decayed physical elements.

Further Information

Further information about applying CPTED principles to development proposals is available from the following sources:

1. AMCORD Design and Development Practice Note PND 17 – Guidelines for Crime prevention is an excellent source of advice and guidelines on planning to create safer neighbourhoods, commercial centres and open space areas through urban design.

2. NSW Department of Planning.

3. NSW Police Service Safer by Design team

4. The Safer by Design program and course are available on website www.police.nsw.gov.au.

A7. DEFINITIONS

What do terms used in this DCP mean?

Words and phrases used in this DCP have the meanings defined in Byron LEP 1988.

Particular words and phrases used in the various Parts of this DCP are defined in this Section. Wherever any discrepancy arises between definitions used in this DCP and Byron LEP 1988, the provisions of Byron LEP 1988 prevails.

Those words and phrases that have a definition included below have been noted with ^(D)throughout the DCP.

Adjoining landowner

applies to land which abuts an application site or is separated from it only by a road, lane, pathway, right of way, river or stream or similar thoroughfare.

Allotment (or Site)

means the area to which title is held, excluding any land zoned or reserved for any other purpose.

Balcony

means a raised platform, commonly referred to as a deck or verandah, having a floor level more than 1m above an adjacent lower level or any deck or verandah covered by a roof.

Note: the Building Code of Australia would normally require a handrail to be installed where the edge of a floor level is more than 1m above an adjacent lower level.

Bed and breakfast establishment

means a dwelling-house which provides temporary home-style or farm-stay accommodation for the short-term traveller and contains no more than five (5) bedrooms for accommodation. Such that, dwelling-houses will have a total floor area not exceeding 300 m² (excluding separate garages, sheds or the like) in which not more than 12 persons would be accommodated.

Note: the reference to 300m² and 12 persons is drawn from the Building Code of Australia’s definition of a Class 1b building.

Boarding-house

includes a house let in lodgings or a hostel but does not include a motel;

Building height plane

means the plane projected at an angle of 45 degrees over the actual land to be built upon, from a distance of 1.8 metres above natural ground level at the boundary of the site.

See the diagram to the right

Caravan park

means land on which caravans, other moveable dwellings, tents or camper vehicles are, or are to be installed or placed.

Cattle feedlot

means any area of land where cattle are held and exclusively hand fed.

Common landscaped area

means that part of the site area above natural ground level not occupied by any building except swimming pools at or below natural ground level, which part is predominantly landscaped by way of planting, trees, gardens, lawns or shrubs and which is available for common use and enjoyment by the occupants of the building erected on the site.

It excludes drying yards, garbage collection and handling spaces and any spaces used for the movement or parking of vehicles.

Where Council deems it appropriate in terms of accessibility, treatment and appearance, the common landscaped area may include rooftop spaces, terraces, steps, walkways, swimming pools, pergolas or other built elements.

Community significant development

The following development types will always be considered as community significant development.

· a building with a gross floor area of 5,000m2 or more in a industrial, rural or commercial zone; or

· any development that will be referred under the Act to the Joint Regional Planning Panel; or

· any subdivision resulting in 50 lots or more; or

· residential accommodation resulting in 10 or more dwellings; or

· any development that proposes demolition of a heritage listed item; or

· pubs; or

· small bars (nightclubs) within the meaning of the Liquor Act 2007; or

· function centres; or

· restaurants in rural areas; or

· offensive industries; or

· telecommunications facility

Dual Occupancy

Any reference to a dual occupancy development includes development consisting of 2 dwellings.

The local environmental plan provides that dual occupancy may consist of:

a) the conversion of a dwelling house into 2 dwellings, by alteration or addition; or

b) the erection of a building containing 2 dwellings,

but only if not more than 2 dwellings will be created or result on the allotment.

In zones 2(a), 2(t), 2(v) or 7(f2), a dual occupancy may also consist of:

a) the erection of a separate dwelling on an allotment of land on which a dwelling house is already situated;

b) the erection of 2 separate dwellings on an allotment of land,

but only if not more than 2 dwellings will be created or result on the allotment.

Dwelling

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

Dwelling-house

means a building or buildings containing one but not more than one dwelling.

Erosion Line

Where used in Chapter 1 Part J of this DCP means 50 year erosion line or the 100 year erosion line, as defined in the following paragraphs.

50 year erosion line

means the line shown on the map indicating that the land to the seaward side of that line may come under threat from coastal erosion within 50 years.

100 year erosion line

means the line shown on the map indicating that the land to the seaward side of that line may come under threat from coastal erosion within 100 years.

Expanded house

means a single dwelling-house comprising of a main building and a maximum of three (3) habitable outbuildings. The design and use of the expanded house must incorporate the following requirements:

a) all buildings are contained within a circle diameter no greater than 40 metres; and

b) the main building contains an identifiable common living area including the kitchen; and

c) a maximum of three (3) outbuildings may be connected to the main building by paths with an all-weather surface; and
no separate driveways, car parking area or carport structure is to be provided to any outbuilding; and

d) one outbuilding is to be limited to a maximum floor area of 45m² and the others are to be limited to a maximum 30m² excluding deck, patio, balconies and the like; and

e) no outbuilding is to contain facilities (eg. kitchen, sink and the like) for the preparation of food or beverages; and

f) each separate outbuilding may consist of:

· a maximum of two (2) bedrooms or rooms with an ensuite or bathroom; and

· a maximum of one (1) laundry.

Note: A dual occupancy development is not possible in conjunction with an expanded dwelling as the terms “attached,” “detached” and “dual occupancy building” as referred to in Byron LEP 1988 do not apply in the context of an expanded dwelling.

Exposed elevation

means the side or sides of a building which face towards the direction or directions which are the most likely source of a bush fire.

Floor plan area

~AUT0027 means the area contained within the outer face of the external enclosing walls of a storey, including the area of balconies, but excluding:

(a) columns, fin walls, sun control devices and any elements outside the general line of the outer face of the external wall;

(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts;

(d) space for the loading and unloading of goods.

Flood planning level (FPL)

means a level that is 500 mm above the 1% AEP flood level. This represents the adopted flood level as referred to in the definition of flood liable land in Byron Local Environmental Plan 1988.

Floor space ratio

means the ratio of gross floor area to site area.

Gross floor area

means the sum of the floor plan areas of all floors of a building.

Group dwelling

means a group of 3 or more dwelling houses such as are commonly known as group houses, villa homes or cluster housing or the like with each dwelling having an individual entrance and access to private open space.

Habitable room

means

- -in a residential situation: a living or working area, such as a lounge room, dining room, rumpus room, kitchen, bedroom, workroom or the like. Laundries, bathrooms and garages are non-habitable rooms. Non-habitable rooms capable of being adapted for occupation for habitable purposes or used to store valuable possessions susceptible to flood damage will not be permitted below the flood planning level.

- -in an industrial or commercial situation: an area used for offices or to store valuable possessions susceptible to flood damage in the event of a flood

Height

~AUT0030 means the vertical distance between natural ground level at any point and the finished level of the uppermost ceiling in the building, or where there is no ceiling or a "cathedral" ceiling, the level at which the main roof beams meet the top plate at that point.

Holiday cabin

means a building containing a room or a suite of rooms used, or intended to be used, for the provision of holiday accommodation only.

The building is to have a maximum gross floor area of 60 m2 excluding balconies, a maximum of 2 bedrooms and may have a kitchenette and one bathroom.

Hostel

means a building or buildings incorporating bedrooms or dormitory accommodation containing beds available for separate rental and where cooking, dining, laundry, cleaning, toilet, bathrooms and other facilities are all provided on a shared basis, and primarily used or intended for use for the overnight accommodation of travellers and their vehicles.

Immediate impact line

means the line shown on the map marking the extent of land considered to be under immediate threat of coastal erosion.

Inappropriate Development

where used in Chapter 1 Part K - Flood Liable Lands, of this DCP means development that Council will not approve under any circumstances. There may be situations where, due to its proximity to higher ground, the development site could be placed in a lower flood hazard category. Council would then be able to consider the proposal on its merits.

Intensive horticulture

includes propagation nurseries, turf farming, cut flowers and the like, where the activity involves intensive propagation utilising regular mechanical and/or chemical management of the crop likely to cause some interference or nuisance with the living amenity of residents on adjoining land.

Landscaped area

means area of ground available for planting and/or management of vegetation.

Large piggery

Means a piggery accommodating in excess of 2000 pigs or 200 breeding sows.

Map

· where used in Chapter 1 Part J of this DCP, means maps entitled 'Coastal Erosion Lands'.

Medium density development

means residential urban development consisting of three or more dwellings located on the same lot such as group houses, villa homes, town houses, terraces or cluster housing or the like.

Motel

means a building or buildings containing not less than 6 motel units, substantially used or intended to be used for the overnight accommodation of travellers and their vehicles, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

Motel unit

means a room or suite of rooms incorporating self-contained bathroom facilities, which is substantially used or intended to be used for the overnight accommodation of travellers.

Multiple occupancy

means a form of rural settlement that enables a group of people to collectively own a single allotment of land and erect three (3) or more dwelling houses as their principal place of residence.

Mural

means a piece of visual art created on an appropriate, publicly visible wall or surface with the permission of the property owner.

Other piggery

Means a piggery accommodating 10,000 pigs or less.

Porous paving

Means paving which allows infiltration of water to the subsoil.

Primitive Camping Ground

means land used for the placement of tents and campervans on a temporary basis in accordance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

Probable maximum flood (PMF)

is the flood calculated to be the maximum that is likely to occur.

Protected elevation

means the side or sides of a building which face away from the direction or directions which are the most likely source of a bush fire.

Public Art

Rural tourist facility

means an establishment for provision of low-scale holiday accommodation, or used for recreation or educational purposes and may consist of a bed and breakfast establishment, boat landing facilities, environmental facilities, holiday cabins, horse riding facilities, a picnic ground, a primitive camping ground or a refreshment room or the like.

Site (or allotment)

means the area to which title is held, excluding any land zoned or reserved for any other purpose.

Site area or allotment area

means the area contained within the title boundaries of the site, but, in the case of a hatchet-shaped site, excludes the area of the access corridor.

~AUT0026

Soft landscaping area

Area of ground planted for vegetation.

Storey

means

a) the space between two floors;

b) the space between any floor and its ceiling or roof; and

c) foundation areas, garages, workshops, plantrooms, storerooms and the like where the height between the adjacent natural ground level and horizontal plane in which the top of the floor above is situated is 1.5 metres or more.

A storey which exceeds 4.5 metres is counted as two storeys.

Surrounding Landowner

means a landowner up to 500m from the application site.

Zone Numbers

Zones are specified by Clause 8 of Byron Local Environmental Plan 1988

A8. PERSPECTIVES AND MODELS

A8. PERSPECTIVES AND MODELS

Applications for residential development with a height in excess of 9 metres (ie, applications submitted under the provisions of SEPP No. 1) or (in the case of a dwelling-house) a gross floor area in excess of 300 m², are to be accompanied by suitable perspective drawings or a model to an appropriate scale.

Any application for commercial development with development/building costs in excess of $500,000 is to be accompanied by suitable perspective drawings and photomontage. Any application for commercial development with development/building costs in excess of $1,500,000 or a height in excess of 2 storeys is to be accompanied by a model to an appropriate scale.

Models and perspective's are to include details of other developments around the site. Pre-lodgement discussions with Council’s Development Assessment Panel are recommended.

A9. BUFFER ZONES

A9. BUFFER ZONES

A9.1 Element – Buffer Areas

Element Objectives

- To recognise that certain types of developments create off-site environmental impacts;

- To protect authorised residential development from intrusion by such developments ; and

- To minimise land use conflicts between residential developments and such development;

Performance Criteria

Developments must be located so that they will not adversely affect residential development, and so that there will not be land use conflicts arising from, environmental impacts generated by developments referred to in the Prescriptive Measures.

Prescriptive Measures

To minimise land use conflicts and avoid undue interference with the living amenity of residents, the following developments must be located so as to ensure the following minimum buffer areas:

Landuse	Buffer
Large piggeries	2km
Other piggeries	1km
Feedlots	1km
Quarries	1km
Intensive horticulture^(D)	500 metres
Sewage treatment plants	400 metres
Garbage tips	500 metres
Dairies	300 metres
Chicken farms	300 metres
Cattle dips	200 metres

Applicants for such development above must demonstrate to Council’s satisfaction that there is a clear case for variation of this standard. The applicant must demonstrate that the element objectives and performance criteria will be met.

Applicants must address the following matters. This may involve an independent assessment of the issues by a person nominated by Council at the cost of the applicant for development.

1. Consultation with Council in respect of individual cases to determine specific matters to be addressed.

2. Operational characteristics of the land use.

3. Advice from the relevant statutory authorities.

4. Details of surveys undertaken must be provided.

5. Prevailing wind conditions and velocity of winds.

6. Topography and height^(D) of the development.

7. Slope, odour, dust and noise.

Where applications are received for development that requires buffering, the buffer zone must be provided as far as possible within the subject property and the applicant must address the abovementioned heads of consideration to Council's satisfaction.

Document History

Doc No.	Date Amended	Details (e.g. Resolution No.)
#E2014/4864	20 March 2014	Res 14-118 – Public exhibition version
#E2014/33037		Draft to 26 June 2014 Extraordinary Meeting - for adoption
#E2014/43407	26 June 2014	Adopted Version – Res 14-513
#E2018/27636	22 March 2018	Adopted 22 March 2018 Effective 12 April 2018 – Res 18-130 ‘Housekeeping’ amendment (various chapters).
#E2019/29634	April 2019	Public Exhibition Version (Res 19-091) 24.2018.65.1
#E2019/29634	July 2019	New revision for adoption at 15 August 2019 planning meeting

D6.1 Introduction

D6.1.1 Purpose of this Chapter

The subdivision of land establishes the basis on which future development is built. Therefore the Council seeks to ensure that the environment, the nature of future development and the aspirations of the community are given due consideration in all subdivision proposals.

The primary purpose of this Chapter is to provide guidelines, controls and standards for subdivision in Byron Shire.

D6.1.2 Aims of this Chapter

The Aims of this Chapter are to:

1. To promote subdivision development which is of a high design standard and which minimises impact on the environment.

2. To provide for a variety of housing and other forms of development reflecting the growing diversity of the community and its household types, incomes and lifestyles.

3. To encourage the use of innovative design and engineering principles which enhance the physical environment and the social fabric.

4. To optimise the provision of infrastructure services in the most efficient and effective manner.

5. To ensure the continued supply of agriculturally viable land.

D6.1.3 Application of this Chapter

This Chapter of the DCP applies to all forms of subdivision, including Torrens, Strata, Stratum and Community Title subdivision. The provisions in this Chapter supplement those provisions of Byron LEP 2014 that apply to subdivision development.

Applicants must familiarise themselves with the matters contained in other Chapters of this DCP, since good subdivision design cannot be achieved without proper consideration of the way in which the land will be developed and used later. Additionally applicants may refer to the following publications for further guidance on subdivision design: NSW Department of Planning’s ‘Coastal Design Guidelines for NSW (2003)’; the Byron Rural Settlement Strategy 1998; The NSW Rural Fire Service ‘Planning for Bushfire Protection; and, the Northern Rivers Development and Design Manual and, other engineering criteria including relevant Australian Standards.

D6.2 Development Controls

D6.2.1 Subdivision Design Guidelines

Objectives

1. To specify development controls, design guidelines and criteria that apply generally to subdivisions.

2. To ensure that subdivision proposals deliver contemporary construction and services standards and result in development that is consistent with the particular needs, character and environment of Byron Shire.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

Development applications for subdivision must address the following Design Guidelines:

1. Site Design

a) The following natural environment factors must be addressed in the overall site design of any proposed subdivision:

i) Climate control (wind and sun)

ii) Landform

iii) Aspect and views

iv) Geology and soils

v) Drainage and groundwater

vi) Vegetation.

b) Site design must integrate these factors with consideration of the existing and proposed human-made environment with which the subdivision interacts. This will include consideration of the effects of, and the impacts on the following human-made factors:

i) Accessibility to urban centres

ii) Accessibility to community and recreational facilities

iii) Road and transport networks

iv) Site access

v) Physical and human services

vi) Built environment in the vicinity

vii) Existing buildings and improvements on the site.

c) Development applications for subdivision (except for applications for boundary adjustment subdivision in accordance with Byron LEP 2014 or strata subdivision of a lawfully erected building) must include a Site and Context Analysis Plan complying with the requirements of Section A13.1 – Context and Site Analysis. The Context and Site Analysis Plan must also demonstrate how the above-mentioned natural and man-made environmental factors have been considered and addressed.

2. Climate Control and Aspect

Design of the proposed subdivision must aim to gain the most advantage of cooling breezes in summer and reduce the impact of adverse winds in winter by effective site layout and use of landscaping. Significant topographical features such as valleys and ridges can serve to channel or block prevailing winds.

Similarly, the selection of vegetation types and location of vegetation buffers and shelterbelts can be used to advantage in climate control on the site.

The design of site layout and landscaping should be structured to avoid funnelling unfavourable winds and encourage cooling summer breezes.

Aspect is an important factor in designing the subdivision layout in regard to optimising solar access. The following principles are a basic guide.

Solar access is maximised where:

a) Buildings can be sited so that the main living areas are oriented north.

b) Overshadowing of, or by other buildings is minimised.

Shadows are small on a north-facing slope so dwelling sites can be closer together. On a south-facing slope, shadow length is increased so dwelling sites should be further apart. On east or west-facing slopes, dwellings need to be stepped back to maintain solar access.

~AUT0002

Figure D6.1 – Shelterbelt

Note: Shelterbelt of trees protects subdivision from cold southerly winds

~AUT0003

Note: Subdivision orientated to the north for maximum solar access – limited shadow impacts

Note: Subdivision orientated on southern side of hill. Restricted solar access and increased shadow impacts

Figure D6.2 – Orientation and Aspect

Lots with a main north-south axis (from 20⁰W to 3O⁰E) give the most flexibility in the siting of dwellings and reduce problems of overshadowing. Lots with a main east-west axis may need to be wider than normal.

Figure D6.3 – Preferred subdivision layout on east-west or north-south axis

Lots with a NW-SE or NE-SW axis are less favourable and may need to be specially designed or larger than normal to allow the siting of a house that is not parallel to the boundaries (see Figure D6.4 below).

~AUT0007

Figure D6.4 – Lots with a NW-SE axis

These guidelines must be considered together with the particular topography and vegetation of the site to achieve a layout that optimises solar access and site characteristics. A regular grid of N-S and E-W streets is unlikely to result in an attractive living environment or offer the flexibility for different housing needs.

3. Hazards

Hazard constraints potentially affecting land must be identified and addressed in preparing an application for subdivision. The following list identifies some hazards that may affect the potential for subdivision or influence subdivision design:

a) Flooding.

b) Bushfire.

c) Landslip and subsidence.

d) Land contamination and the need to address the requirements under State Environmental Planning Policy No.55 – Remediation of Land.

e) Acid sulfate soils.

f) Coastal hazards.

Development applications must identify and address all potential hazards of the site in accordance with the requirements of Byron LEP 2014, this DCP and other relevant Council and State Government policies, guidelines and legislation.

4. Vegetation removal

Subdivision road layout must be designed around significant stands of trees. These may be located within reserves or accommodated within the subdivision layout such that dwelling construction may be achieved without causing any undue interference with existing trees.

The environmental buffer distances in chapter B6 Buffers and Minimising Land Use Conflict should be incorporated into the subdivision design. Where urban subdivision adjoins bushland, Council may impose particular consent conditions relating to the ongoing management of the interface between the subdivision and the bushland.

Proposals that require the removal of vegetation for bushfire protection purposes (e.g. asset protection zone) may need to include a Flora and Fauna Assessment and, where native vegetation is to be removed, may need to prepare a Vegetation Management Plan.

Vegetation to be removed must be located within the subject land unless an agreement has been reached to provide the necessary asset protection zone on the neighbouring property. Evidence of any agreement with the neighbouring land owner, together with that owners’ written consent to lodgement of the DA must be submitted with the development application. The agreement must be in the form of a proposed Section 88B Instrument under the Conveyancing Act 1919, consistent with the requirements of the NSW Rural Fire Service. For specific details on subdivision on bushfire prone land, applicants are referred to the NSW RFS document ‘Planning for Bushfire Protection’.

Any trees proposed to be removed as a result of a subdivision proposal must be identified in accordance with the provisions of B2.2.1 (Chapter B2 Preservation of Trees and Other Vegetation) or a Site and Context Analysis Plan (as required by Part A13) and be marked clearly to facilitate identification at the time of site inspection.

5. Riparian Buffers and land fronting watercourses

Subdivision design must encourage the retention of riparian vegetation and should incorporate riparian buffers. The retention of existing vegetation and landforms assists in infiltrating, detaining and treating stormwater, as well as maintaining water balance and aesthetics. The retention of vegetation along watercourses also assists in habitat connectivity, which is critical to maintaining biodiversity.

Riparian corridors must be left undisturbed. Their natural and ecological values must be enhanced where possible. Street and lot layout must be planned so that riparian habitat is retained and where possible connected to remnant habitat in adjoining areas. Where land proposed for subdivision fronts a watercourse, it is preferable that the subdivision be designed to limit direct access to the water.

Vegetation and topography must be retained along the site’s natural drainage lines. This vegetation will play a key part in providing habitat connectivity and maintaining biodiversity.

The retention or reinstatement of vegetation and provision of habitat connectivity must utilise locally indigenous species and be incorporated in the design of public areas and facilities such as parks, detention/ infiltration basins, or water treatment areas.

Allotments having frontage to a watercourse are to comply with the minimum requirements for buffers under Chapter B6 Buffers and Minimising Land Use Conflict (where relevant).

6. Landscaping

The effective use of landscaping can make a significant contribution to climate control, ecological characteristics, the overall appearance of the subdivision and the residential environment which is ultimately created.

Generally, one street tree per 15 metres of residential lot street frontage with a maximum canopy diameter of 8 metres at maturity is to be provided for new subdivisions.

Applicants must comply with the landscaping design and maintenance requirements in Chapter B9 Landscaping.

7. Roads

Roads are to be designed to provide a pronounced road hierarchy in which the size, width and appearance matches its function. Streets at the lower end of the hierarchy must not become through-routes for unrelated traffic and proper provision must be made for buses and service and delivery vehicles.

Depending on the overall size and layout of a subdivision, a typical road hierarchy could include:

a) Arterial or sub-arterial roads – roads giving access to the subdivision but not part of it.

b) Collector street - a main link through the subdivision, connecting directly with arterial roads.

c) Local access road - a loop road or cul-de-sac serving more than 15 lots.

d) Minor road - a cul-de-sac, minor loop or minor access street, serving less than 15 lots.

Where cul-de-sacs are proposed, consideration to is be given to providing pedestrian and cycling traffic through to the next street with regards to the CPTED principles in Chapter B11 Planning for Crime Prevention.

Roads (including footpaths, cycleways, and watercourse crossings) are to be designed in accordance with the requirements specified in the Northern Rivers Development and Design Manual as amended from time to time. Council will consider variations to these requirements on merit where compliance is proven to be onerous and having regards to the scale, location and density of the development.

Where an allotment to be subdivided has access via an unsealed, unconstructed or partly constructed road, the applicant must provide constructed road access from the nearest constructed road to all allotments involved in the subdivision to facilitate ultimate design road capacity.

The applicant must supply and erect street signs in accordance with Councils requirements.

Subdivision development must provide footpath and nature strip treatment that reflects the particular road function and provides a safe and pleasant people-oriented environment for pedestrians and cyclists. New roads are to be appropriately landscaped with street trees in accordance with Chapter B9 Landscaping and retain significant existing vegetation to complement the subdivision.

Other street furniture such as bus stops to be provided as required.

All development applications for subdivision to incorporate preliminary engineering drawings of the work to be carried out as required under the regulations.

8. Street Lighting

Council will require energy efficient street lighting to be provided and installed in conjunction with any subdivision located in an area where street lighting is required.

New street lighting to be installed as part of a subdivision is to incorporate energy efficient technology to reduce power consumption and carbon footprint with a wattage of 55 watts or less, and may include:

a) Compact fluorescent

b) T5 linear fluorescent

c) Metal halide

d) White LED

e) Low Pressure Sodium lamps of 55W or less

f) High Pressure Sodium lamps of 55w or less

Council will consider alternate street lighting arrangements powered from solar or wind turbines with back up mains power for subdivisons comprising 25 lots or more. Details to be submitted with the development application including maintenance/ cleaning regime, suppliers/ installers warranties/ guarantees, accessibility to replacement parts, battery, panel and turbine life, useability in high wind situations for wind turbines and any noise issues.

Street lighting to comply with AS1158 or AS3771 and any requirements for disability access and mobility. Written evidence that satisfactory arrangements have been made with the Energy Provider will be required prior to the release of a Subdivision Certificate

9. Public open space and public reserves

The value to the public of public open space is determined by how easy it is to get to, how well it is used, it’s potential for active or passive uses, it’s environmental value and how pleasant it is to be there.

Public open space within a subdivision should form part of a pedestrian/cycleway network that connects residential areas and other facilities. Where appropriate, landscaping of open space must be integrated with street and private landscaping to bring the whole landscape environment together. Some Key Principles include:

a) There must be a functional hierarchy of open space to ensure leisure activities for a wide variety of people.

b) Open space must be safe to use for access or leisure.

c) It must enhance the function and appearance of the subdivision.

d) It must act as a landscape-linking element.

Only land which is in a suitable location and which is able to be used for active or passive recreation will be considered to meet the requirements for public open space. Public open space areas must be functional, well-located and distributed appropriately throughout the subdivision to maximise accessibility and provide for passive and active recreational opportunities.

Applicants proposing urban subdivisions of 25 lots or more are encouraged to contact Council for the requirements for the provision of open space or local parks as part of the subdivision prior to the preparation and lodgement of the development application.

Land which is primarily used for drainage purposes may not be considered as open space if predominantly unusable. Specific requirements under the chapters for the Shire's towns and villages may also apply in relation to open space.

Dedication and embellishment of land used for open space may be offset against the S94 contributions for open space. Applicants should consider the requirements of Council’s section 94 contributions plan and the site specific chapters for urban release areas as these documents contain the site specific requirements for the provision of open space. Council’s section 94 plan sets out the requirements for undertaking works in kind or the dedication of land in lieu of payment of monetary contributions. It is at the discretion of Council to accept land as open space.

Local parks when provided to be generally in accordance with the following criteria:

a) Contain a minimum usable park area of 2000m²;

b) Be designed and located so as to maximise street frontage and encourage natural surveillance from surrounding residents;

c) Be generally level with gradients not exceeding 5%;

d) Be equipped with play equipment and/or park furniture;

e) Provide shade cover over all play equipment;

f) Include soft-fall under all play equipment in accordance with the relevant Australian Standards;

g) Be situated so that dwellings in the development and surrounding area are generally within a 500m lineal distance of a local park;

h) Be situated on land that is readily accessible to the surrounding dwellings and be physically connected to the pathway network;

g) Be cleared of weed species and have a bush regeneration plan if required;

h) Be cleared of surface rock and be suitable for mowing / maintenance.

10. Stormwater Management

Management of stormwater is an integral part of subdividing land and a means to control flooding and other amenity impacts. The following minimum provisions apply.

a) Development applications must demonstrate compliance with Chapter B3 Services, the Northern Rivers Local Government Development Design and Construction Manuals, Byron Shire Council Comprehensive Guidelines for Stormwater Management and relevant Australian Standards.

b) Each new allotment must be capable of discharging stormwater runoff from impervious areas to a lawful point of discharge. A lawful point of discharge (d) may be a natural watercourse or drainage path to which the site drains naturally, or a location where any discharge will not cause any actionable nuisance. Where a lawful point of discharge does not exist on the allotment (d), constructed drainage and any necessary easements must be provided to a lawful point of discharge.

c) The applicant must construct all necessary drainage works and must provide all necessary drainage easements and/or drainage reserves including on adjoining or downstream properties to the lawful point of discharge. Where easements are proposed over downstream properties for drainage purposes, a letter of consent from the owner(s) of the downstream properties must be submitted with the development application. Deferred commencement consent may be issued subject to the registration of the easement in these circumstances.

d) An appropriate stormwater flow management system must be established to reduce the velocity and peak flow of stormwater discharge (i.e. the provision of an on-site stormwater detention system).

e) For small lot subdivision where onsite stormwater detention is required, the construction may be deferred until the dwelling construction stage. In this regard a Restriction as to User must be created on the plan of subdivision pursuant to the provisions of S.88E of the Conveyancing Act 1919, stating:

“No building or development shall be erected on the lots burdened unless the proprietor has first constructed or has made provision for construction of an on-site stormwater detention system (which expression shall include all ancillary gutters, pipes, drains, walls, curves, pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater) (here in after called “the system”). The design, construction and/or provision of the system shall be to the requirements and satisfaction of Byron Shire Council.”

f) Lands identified as containing or directly adjoining watercourses or trunk drainage lines may be subject to partial inundation during the 1 in 100 year ARI storm event. A hydrology study must be submitted to identify the 1 in 100 year ARI flow level where the land is traversed by or adjacent to a watercourse or trunk drainage system. Development applications must demonstrate that the proposal complies with the requirements of the Northern Rivers Development and Design Manual and Chapters B3 Services and C2 Areas Affected by Flood.

11. Utility Services

Utility Services, including power and telephone, are to be provided in accordance with Chapter B3 Services.

The siting and design of proposed utilities must be illustrated on the subdivision plan submitted with the development application.

Written evidence of satisfactory arrangements with a telecommunications and electricity provider must be submitted prior to release of a Subdivision Certificate. Provision must be made for the placement of telephone and electricity underground in visually sensitive locations. A renewable energy system may be approved for the subdivision where development applications demonstrate that the proposed system is sustainable, will provide adequate levels of service to future residents, and minimises the need to remove vegetation for service corridors.

Where possible, subdivision design must provide for common trenching of services to reduce the number of trenches and the amount of land required, and to reduce costs and disruption due to maintenance. Trenching must meet the standards detailed within the Streets Opening Conference current Guide to Codes and Practices for Streets opening.

12. Provision of Potable Water Supply

Development applications must demonstrate that an adequate water supply will be available to meet the needs of future residents and occupants, either through the provision of reticulated water supply or rainwater tanks if reticulation is not available in accordance with the provisions of Chapter B3 Services, and the Northern Rivers Development and Design Manual.

13. Sewer

Sewer must be provided to all lots within urban zones. Satisfactory arrangements for provision of sewer services must be made with Council in accordance with Chapter B3 Services.

14. Geotechnical Report

a) Development applications for vacant lot subdivision must include a report and certificate from a NATA - accredited practising civil engineer confirming that all proposed allotments contain a building envelope of adequate size and shape (i.e. a rectangle with dimensions at least 15m x 12m) that is geotechnically capable of accommodating a dwelling house and is not subject to slip or subsidence. The certified building envelopes must be identified on the DA drawings.

b) The report must address the matters listed in AS1726 (as amended from time to time).

c) Engineer specialising in geophysical sciences and preparing reports for the consideration of Council must provide written evidence of their holding an insurance policy to the value of at least $10m indemnifying him/her against professional negligence.

15. Strata Title, Community Title and Stratum Subdivision

The minimum areas specified by the Byron LEP 2014 lot size map apply to Stratum subdivision in all zones. The LEP sets out minimum lot sizes for Strata and Community Title subdivision in certain zones. For those zones where there is no prescribed minimum area for strata or community title subdivision, minimum lot sizes will be based on the development footprint.

The terms of the development consent will be subject to the relevant provisions of the LEP and this DCP, depending on the location, zoning, characterisation and nature of the development proposed. Generally, approved Strata or Community Title Lots must include sufficient area to accommodate the approved development unit, together with any ancillary area, development or structure related exclusively to that unit, unless those facilities are provided in an approved Community Lot or Common Property.

Council will not grant consent to a development application seeking consent for Strata or Stratum Title subdivision unless either that consent or a previous consent identifies and approves one or more buildings that will be erected on or in each of the new Strata or stratum lots.

Where vacant lots (Stratum, Strata and Community Title) are proposed all relevant services, infrastructure and access provisions are to be constructed, and any necessary contributions to be paid, prior to the issue of the subdivision/ strata certificate.

Other than for dual occupancy development, vacant Strata lots must be created as “development lots” in accordance with Part 5 of the Strata Schemes Development Act 2015.

Strata subdivision of dual occupancies may create a vacant strata lot subject to:

a) One of the dwellings having been constructed and a final occupation certificate issued for that dwelling.

b) All relevant services, infrastructure and access provisions are to be constructed and any necessary contributions to be paid, prior to the issue of the subdivision / strata certificate.

c) Relocation of all services to facilitate construction of the development on the vacant lot without affecting service provision to existing development.

d) Creation of a restriction on use that prohibits the construction of a dwelling on the vacant Strata lot other than in accordance with the development consent for the dual occupancy building.

Applications for Stratum Subdivision must provide the following:

a) Draft Plan of Subdivision showing the parcel at ground level and subsequent sheets for each level within the building

b) A draft Building Management Statement as per Schedule 8A of the Conveyancing Act 1919.

c) Details on easements including easements for support and shelter, vehicular personal access, services and any other easements.

For further details on Stratum Subdivision applicants are referred to Part 23 - Division 3B Provisions relating to Stratum Lots of the Conveyancing Act 1919 and the Land and Property Information Registrar Generals Directions on Stratum Subdivisions.

D6.3 Rural Subdivision

The following provides planning controls for land in rural and rural residential areas including the RU1, RU2 and R5 Zones. R5 is an urban zone however the most appropriate subdivision controls are those which apply to rural lots.

D6.3.1 Lot Size, Shape and Configuration

Objectives

1. To ensure that lot sizes and shapes facilitate the orderly and economic use and development of land.

2. To ensure that the configuration of the subdivision and the size and shape of lots facilitates the use and management of the resultant land parcels for agricultural and other rural purposes.

3. To ensure that adequate access is available to hatchet-shaped lots.

Performance Criteria

1. Land suitable for agriculture is both a limited resource and an important part of the Shire’s economy. Rural subdivisions must be designed to avoid conflicts between neighbouring land uses and consequently must demonstrate compliance with Chapter B6 Buffers and Minimising Land Use Conflict. Where a subdivision is proposed near an area where land is used or has potential for agriculture, Council will give particular consideration to the likely social, economic and environmental consequences of the proposal and to the following principles:

a) New lots must have dwelling sites protected from noise, dust, odours, spraying, etc, considering wind direction and topography in relation to nearby agricultural uses.

b) Ridgelines, vegetation and distance can provide effective buffers.

2. Lots intended to accommodate a dwelling in rural areas must have an identified dwelling site that:

a) has access by two wheel drive vehicle to a constructed public road;

b) is not affected by significant environmental constraints;

c) is not at or below the flood planning level;

d) complies with bushfire provisions under the requirements of Planning for Bushfire Protection as in force at the time of the proposed development;

e) has adequate solar access;

f) will not create conflicts with or adverse impacts on nearby farming or rural activities;

g) is not subject to slip or subsidence.

Prescriptive Measures

1. Lot sizes must not be less than the minimum area specified in Byron LEP 2014 on the lot size map.

2. Battle-axe or hatchet-shaped lots may be permitted in rural zones and the R5 Zone provided the access handle is of sufficient width to accommodate an access driveway, associated drainage, services and landscaping that conforms to the existing landform. The minimum road frontage of each allotment must be 7 metres. This may translate as 3.5 metres frontage each if reciprocal rights of carriageway provide shared access to two or more adjoining lots. Pavement widths are to be in accordance with Northern Rivers Development and Design Manual.

3. Applications for rural subdivision for primary production purposes in accordance with Clause 4.2 of Byron LEP 2014 are to include written information from either the Department of Primary Industries (or its successor) or an accredited expert in the field of agriculture confirming that the proposed lot(s) is suited for viable agricultural activity of the type proposed. Splays of 4 m x 4 m should generally be provided on corner lots, except in site specific circumstances where increased sight lines are required.

4. Splayed corners must be provided and dedicated to Council at existing and new road intersections in accordance with the following schedule:

a) At the junction of a local road with a main road. (note Main Road has the same meaning as Main Road under the Roads Act 1993)

D6.3.2 Stormwater Management

Objectives

1. To facilitate effective water and drainage management and to preserve existing natural drainage systems.

Performance Criteria

1. Development applications must demonstrate that the proposed development will incorporate water management and drainage provisions consistent with the requirements of Chapter B3 Services and the other stormwater provisions in Section D6.2.1.

2. Stormwater runoff from each new allotment must not create significant detrimental effects on downstream properties or the environment. Natural watercourses and existing drainage paths must be retained. Subdivision works must not impede natural drainage paths or significantly increase existing flow velocity or quantity.

3. Small rural and rural residential lots may have to provide an inter-allotment drainage system constructed in accordance with the Northern Rivers Development and Design Manual.

Prescriptive Measures

Dwelling sites must not be located within the 1 in 100 year ARI flow path of any existing watercourses or drainage paths.

D6.3.3 Road Design and Construction

Objectives

1. To ensure access and drainage provision to new lots.

2. To enable flexibility in design of new rural roads.

3. To ensure that adequate sight distance is provided at intersections.

4. To ensure that constructed access is provided to new lots.

Performance Criteria

All roads required to service existing and proposed new lots must be designed and constructed to comply with the Northern Rivers Development and Design Manual and Chapter B3 Services. The Council may consider alternative designs in particular instances where the development application demonstrates that:

a) Safety requirements are not compromised.

b) The proposed road will not carry more than 60 vehicle movements per day.

c) Visibility is not impaired from start to finish of the road along its centre-lines.

d) The grassed verge of the proposed road will not be damaged by traffic movements along the road.

e) An adequate manoeuvring area is provided to accommodate the turning of a standard (8.8m) service vehicle at the end of a road or in a location approved by Council.

f) Any proposed narrow pavement will be no longer than 120 metres in length.

Prescriptive Measures

1. The design of such works must comply with the Northern Rivers Development and Design Manual. Construction must be carried out in accordance with those requirements.

2. Additional standards may apply in bushfire prone areas as per the requirements of the NSW Rural Fire Service.

D6.3.4 Sewage Management

Objectives

1. To ensure that sustainable sewage management facilities are available to new lots in Rural areas.

2. To ensure that on-site sewage management systems comply with the requirements of Chapter B3 Services and will remain economically viable in terms of ongoing management and maintenance.

Performance Criteria

There are no performance criteria.

Prescriptive Measures

1. Where Council deems that reticulated sewer service is available and feasible, each allotment created must be connected to Council's sewerage reticulation system.

2. In all other cases development applications must demonstrate that an on-site sewage management system complying with the requirements of Chapter B3 Services can be provided to service each lot. Where lots are constrained and specialised on-site sewage management systems are proposed or required, Council may specify as a condition of consent a restriction to be placed on the title advising new land owners of the type of system to be installed in the future.

D6.3.5 Rural Community Title Subdivision

Objectives

1. The objective of this Section is to provide guidelines for rural Community title subdivision including the conversion of existing approved multiple occupancies to community title under the Community Land Development Act 1989.

Performance Criteria

1. Rural community title subdivision under the Community Land Development Act 1989, should demonstrate compliance with the relevant guidelines and performance standards contained in Sections 6.2, 6.3 and Sections 8.1 – 8.6 of the Byron Rural Settlement Strategy 1998.

2. The conversion of existing approved multiple occupancies to rural community title subdivision under the Community Land Development Act 1989 should demonstrate compliance with the objectives contained in Sections 6.2, 6.3 and Sections 8.1 – 8.6 of the Byron Rural Settlement Strategy 1998.

Prescriptive Measures

1. The maximum number of lots resulting from the Community Title subdivision of rural land (including the conversion of existing approved multiple occupancies to rural community title subdivision) must not exceed the number of approved house sites (excluding the neighbourhood lot/common land) identified in the multiple occupancy approval in relation to the land concerned, or the number of lots identified under the Byron LEP 2014.

2. Consent must not be granted to a development application for rural Community Title subdivision under clause 4.1AA of Byron LEP 2014 unless the Council has considered the following information in relation to the proposed development:

a) a water management plan;

b) an on-site sewage management plan in accordance with the requirements of Chapter B3 Services;

c) a waste management plan;

d) a vegetation management plan and planting requirements;

e) a bushfire management plan;

f) measures to address the unauthorised/ unapproved illegal construction and occupation of dwelling houses. Where such dwellings are to remain as part of the development and not be demolished, a detailed engineers report and certification is to be submitted with the development application demonstrating the dwelling is structurally sound, how it meets the relevant provisions of the Building Code of Australia, and/or what works are proposed to upgrade the building to a safe standard. Such works are to be completed prior to the issue of a subdivision certificate for the Community Title Development;

g) a draft neighbourhood management statement consistent with the Community Land Development Act 1989, including but not limited to the following:

i) provision for bushfire management;

ii) a prohibition on domestic cats and dogs or provisions providing for their management;

iii) provision for environmental repair and enhancement;

iv) provision for waste management;

v) provision for water management;

vi) provision for on-site sewage management;

vii) provision for design and construction of any new dwellings;

viii) provision for safe vehicular access and driveways in accordance with Northern Rivers Development and Design Manual.

3. Where vegetation management works have been completed previously as part of a development application, credit will be given against those works. Details are to be submitted with the development application demonstrating that the aims and objectives of the previously completed vegetation management works have been achieved.

4. In this Section, Community Title Subdivision means subdivision in accordance with the Community Land Development Act 1989.

D6.3.6 Subdivision Design and Lot Layout on Rural land within the Drinking Water Catchment

Objectives

1. To minimise water quality impacts through application of appropriate subdivision design criteria.

2. To provide appropriate planning controls for the subdivision of rural land within the drinking water catchment as identified under Byron LEP 2014.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

1. Lot layout must be designed around building envelopes that have been identified taking into consideration the location and characteristics of roads, watercourses and other constraints identified in the site analysis and constraints mapping prepared under Chapter C4 Development in a Drinking Water Catchment. Lot boundaries must be located to minimise impacts on existing vegetation and sensitive areas such as steep land or highly erosive soils. Section 88E restrictive covenants may be required to restrict fencing, and reinforce riparian management practices.

2. When watercourses and drainage depressions exist on the site, the following design criteria apply:

a) A watercourse should not form the boundary between two allotments, as this can create conflict over who is responsible for watercourse maintenance.

b) A solution is to design the lots that are adjacent to a watercourse to each include a minimum buffer of 10m to the watercourse while incorporating the watercourse into the adjacent lots (see Figure D6.5). If required, water for the stock on lots to the north can be provided through offline watering infrastructure and a suitable easement to ensure water supply. Consideration of buffers in B6 Buffers and Minimising Land Use Conflict must be taken into account.

3.

For Community Title developments, watercourses and riparian land are to be managed collectively within the Community lot.

The purpose of this is to enable appropriate management of the watercourse without a boundary (e.g. a fence) located in the middle of the watercourse, or ‘give and take’ fencing with numerous watercourse crossings. As a result the boundary will be easier to fence off, it is less likely that the fence will be washed away, and consistent management of the watercourse can be achieved. Such an approach can also reduce land management conflicts between both sides of the creek.

Figure D6.5 – Example of preferred subdivision design along a watercourse

D6.4 Urban Residential Subdivision

The following provides planning controls for subdivision of land in residential areas including the R2, R3 and RU5 Zones. RU5 is a rural zone however the most appropriate subdivision controls are those which apply to urban lots.

D6.4.1 Lot Size and shape

Objectives

1. To provide lots of sufficient size to satisfy the needs of future residents, and which will accommodate well designed and innovative development;

2. To encourage diversity in lot size and opportunities for a variety of housing choice;

3. To ensure that lot design takes into account the natural features of the site and locality.

Performance Criteria

1. Lots must be of sufficient area to allow for the siting of a dwelling and ancillary buildings, including provisions for private open space, solar access, vehicle access and parking. Lots must provide sufficient effluent disposal areas where required.

2. Lot sizes must enable dwellings and driveways to be sited to protect natural or cultural features, and must respond to site constraints including topography, bushland, soil erosion, drainage, and bushfire risk.

3. To provide useable areas, lot sizes may need to be increased where sites are steep or contain significant constraints or landscape features including watercourses and easements.

4. Lot design must enable the construction of a built form that is sympathetic to the established character of the area.

Prescriptive Measures

1. Lot sizes must not be less than the minimum area specified in Byron LEP 2014 on the lot size map.

2. Proposed lots containing existing dwellings must not result in that lot having a floor space ratio lower than that specified on the floor space ratio map.

3. Lots must provide an appropriate shape and area to accommodate an unconstrained building envelope with minimum dimensions of 12 metres by 15 metres.

4. Each Torrens title lot must have a minimum road frontage of 6 metres (i.e. 3 metre driveway and provision for services, landscaping etc). This may translate as 3 metres frontage each if reciprocal rights of carriageway provide shared access to 2 or more adjoining lots. Consideration will be given to a further reduction in lot width for four or more lots where the pavement widths comply with the Northern Rivers Development and Design Manual. Lots relying on rights of carriageway with no road frontage will not be supported

5. The access handle of hatchet-shaped lots must be landscaped in accordance with the requirements of Chapter B9 Landscaping. A landscaping plan must be submitted with the development application for subdivision. Such details could incorporate, for example a meandering driveway with landscaping elements, passing bays, different pavement treatments and kerb blisters incorporating landscaping beds.

6. Hatchet shaped lots (excluding the access handle) should meet the minimum lot sizes as set out in lot size map (BLEP 2014). The area of battle-axe handles is not to be included in determining minimum lot sizes.

7. Splays of 4m X 4m should generally be provided on corner lots, except in site specific circumstances where increased sight lines are required.

D6.4.2 Access Design

Objectives

1. To ensure provision of safe and effective access to properties.

Performance Criteria

1. Driveways and access must form an integral part of the overall design of the subdivision.

2. Driveway and access design is to provide a safe and efficient entrance/exit to individual lots.

Prescriptive Measures

1. Applications must demonstrate that vehicle access can be provided to each lot created by the subdivision in accordance with Chapter B3 Services. In certain circumstances, due to topography and other constraints, the driveway will need to be designed and constructed at the subdivision stage.

2. Additional standards may apply in bushfire prone areas as per the requirements of the NSW Rural Fire Service.

D6.4.3 Infill Subdivision with Rear Lane Access

Objectives

1. To ensure infill development occurs in a co-ordinated manner.

2. To ensure vehicle and pedestrian safety and residential amenity is maintained.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

The re-subdivision of existing residential lots which rely on or propose rear lane access will necessitate an upgrade of the rear lane. The following minimum standards are to apply for Strata, Community and Torrens Title subdivision: (See Figures D6.6 and D6.7 for detail)

a) Construction of the laneway to provide a nominal minimum width of 3 metres bitumen seal with controlled drainage for the full laneway frontage of the property. Where required Council may require sealing to be extended to finalise a laneway or to connect with the nearest cross street.

b) Driveways are to be installed, and, where crossing of an existing table drain is proposed, installation of appropriate sized concrete pipe and headwalls may be required.

c) Fencing and access to comply with B4.2.4.

d) Legal pedestrian access is to be provided back to the main street frontage by way of a Right of footway, common property or battleaxe subdivision design. This can also be used for the provision of services (water, sewer, power and telecommunications) to the rear dwelling house / lot and enable garbage and postal services to be collected from the street as opposed to the laneway. Where it is to be used for pedestrian purposes only, the handle to be a minimum 1.2 metres wide to facilitate easy access and manoeuvring of a garbage bin, whilst also providing a main street frontage for visitors and delivery services. Where infrastructure services are also sited in the handle, this may need to be increased to a width of three (3) metres. The access handle should be appropriately fenced for privacy purposes, but must not restrict sight distances to adjoining driveways.

e) Applicants are to demonstrate that each lot can accommodate an unconstrained building envelope of 12 x 15 metres. Dwelling houses and garages are to be set back a minimum of 3 metres from the laneway boundary.

f) No gates or doors are to open out onto the public road reserve including the laneway.

g) Landscaping is to comply with the requirements of Chapter B9 Landscaping.

Figure D6.6 – Pre Development (existing) Subdivision Pattern

Figure D6.7 – Post Development Subdivision Pattern

h) For development incorporating more than two lots, or development for the purpose of two or more dwellings (not including any secondary dwelling), Council may require a higher standard of laneway upgrade in terms of width of seal and drainage infrastructure.

D6.5 Industrial and Commercial Subdivision

The following provides planning controls for the subdivision of land in the Business and Industrial Zones.

D6.5.1 Lot Size and Shape (Industrial)

Objectives

1. To provide lots of sufficient size and design to satisfy the needs of future industry and to accommodate well designed development.

2. To ensure that adequate access is available to allotments

Performance Criteria

Lots must be of sufficient size to allow for the siting of industrial units/ buildings and ancillary facilities including vehicular access, parking, loading and unloading of goods, storage, waste management and landscaping.

Prescriptive Measures

1. Lots to comply with the lot size map under Byron LEP 2014. Minimum width and frontage is 25 metres.

2. Battle-axe allotments should be avoided where possible, however where there is no alternative, development applications must demonstrate that the layout can provide for effective vehicular circulation, (including entry and exit in a forward direction) parking and loading, storage, waste management and landscaping. The battleaxe handle is to be a minimum of 8 metres.

3. Splays of 4m X 4m should generally be provided on corner lots, except in site specific circumstances where increased sight lines are required.

D6.5.2 Lot Size and Shape (Commercial)

Objectives

1. To provide lots of sufficient size to satisfy the needs of future business/commercial development and the multi-functional character of Business Zones.

2. To ensure that new Lots are capable of accommodating well designed business, commercial and other development.

3. To ensure that adequate access is available to allotments.

Performance Criteria

1. Lots must be of sufficient size to allow for the siting of commercial and ancillary development, including vehicular access, parking, loading and unloading of goods, waste management and landscaping.

2. For developments incorporating a mixture of residential and commercial developments, lots must be of a sufficient size to incorporate ancillary residential development including private open space, landscaping, storage areas, clothes drying areas and the like.

Prescriptive Measures

1. Lots to comply with the lot size map under Byron LEP 2014.

2. Battle-axe allotments should be avoided where possible, however where there is no alternative development applications must demonstrate that the layout can provide for effective vehicular circulation, (including entry and exit in a forward direction) parking and loading, storage, waste management and landscaping. The battleaxe handle is to be a minimum of 8 metres.

3. Splays of 4m X 4m should generally be provided on corner lots, except in site specific circumstances where increased sight lines are required.

D6.5.3 Subdivision design (Industrial and Commercial Development)

Objectives

1. To ensure that industrial subdivisions are designed to facilitate the provision of efficient and functional industrial development.

2. To ensure that subdivision development is compatible with nearby development and with the existing and desired future character of the locality.

Performance Criteria

1. Lot sizes and configurations must create an efficient allotment layout and facilitate future industrial development on that land.

2. Development applications must demonstrate that the subdivision design identifies and addresses all natural constraints and landscape elements, and mitigates adverse environmental impacts. The design must address and respect natural constraints including topography, drainage, soil landscapes, flora, fauna and bushfire hazard.

3. Development applications must demonstrate that lots are configured to provide for adequate vehicular parking, circulation, storage, waste management and loading and unloading of goods.

4. Lot layout and pedestrian networks must be configured to enhance personal safety and minimise potential for crime, vandalism and potential for crime.

Prescriptive Measures

1. Subdivision design must be consistent with the requirements of Chapter B11 Planning for Crime Prevention. Subdivision design must maximise the opportunities for observation of buildings, spaces and activities by occupants, passing motorists and pedestrians.

2. Development applications for subdivision must identify, address and respect all environmental constraints that affect the site and surrounds. Where lands contain or adjoin bushland or adjoin lands containing endangered flora and/or fauna species, development proposals must be accompanied by a flora and fauna assessment.

3. Lands identified as containing or directly adjoining watercourses or trunk drainage lines may be subject to partial inundation during the 1 in 100 year ARI storm event. Development applications must demonstrate that the proposal complies with the requirements of the Northern Rivers Development and Design Manual and Chapter B3 Services and C2 Areas Affected by Flood.

4. Lots must be designed to allow the construction of a building or carriageway with a maximum excavation or fill in accordance with the requirements of Chapter B14 Excavation and Fill, whilst not impeding the flow of waters.

Document History

Doc No.	Date Amended	Details (e.g. Resolution No.)
#E2014/4306	20 March 2014	Res 14-118 – Public exhibition version
#E2014/32417		Draft to 26 June 2014 Extraordinary Meeting - for adoption
#E2014/42597	26 June 2014	Adopted Version – Res 14-315
#E2018/26218	22 March 2018	Adopted 22 March 2018 Effective 12 April 2018 – Res 18-130 ‘Housekeeping’ amendment (various chapters).
#E2019/31383	April 2019	Public Exhibition version (Res 19-091) 24.2018.65.1
#E2019/31383	July 2019	Minor amendments for adoption at 15 August planning meeting

B4.1 Introduction

B4.1.1 Purpose of this Chapter

The purpose of this Chapter is to provide guidelines, controls and standards for traffic planning, vehicle access, circulation and parking for developments.

B4.1.2 Aims of this Chapter

The Aims of this Chapter are to:

1. To ensure that all relevant traffic impacts relating to development are identified, assessed and mitigated.

2. To ensure that parking supply and management in new developments supports Council policies and objectives for the development of Byron Shire;

3. To ensure that traffic generating developments make adequate provision for off-street car parking, such that the needs of occupants, users, visitors, employees, service and delivery vehicles are met;

4. To ensure the safe and efficient circulation of vehicles entering, leaving and within car parking and service/delivery areas;

5. To minimise the detrimental effects (particularly visual and radiated heat effects) associated with off-street car parking areas on the amenity of urban areas

6. To ensure that entry/exit points to car parking and service/delivery areas are situated in a way that sight distances are maximised, and disruption to the circulation of vehicles on the public road system is minimised.

7. To have regard to the objectives contained within the Byron Shire Strategic Transport Statement (Transport Policy)

B4.1.3 Application of this Chapter

This Chapter applies to all development types where vehicle access and/or parking is required.

B4.1.4 Relevant Byron LEP 2014 Provisions

There are no specific LEP provisions relating to car parking and vehicle access other than Clause 6.6 which requires the provisions of suitable vehicular access for developments. A car park has the same meaning as defined under Byron LEP 2014. Land uses in Table B4.1 have the same meaning as defined under Byron LEP 2014.

B4.2 Development Controls

B4.2.1 Traffic Impact

1. Introduction

A traffic impact assessment is a process of compiling and analysing information on the impacts that a specific development proposal is likely to have on the operation of roads and transport networks.

The assessment will not only include general impacts relating to traffic management (road efficiency and safety), but should consider specific impacts on all road users, including on-road public transport, pedestrians, cyclists and heavy vehicles.

The scope of a traffic impact assessment will depend on the location, type and size of the development and the ability of the road network to handle traffic generated by the development. The assessment may have to address broader transport planning and environmental considerations and will need to take into account any traffic management strategy, strategic plan or local development plan.

A traffic impact assessment is undertaken by competent experts on behalf of the proponent of a development and is documented in a Traffic Impact Statement or Traffic Impact Study, according to level of impact.

2. The Need for Traffic Impact Assessment

The traffic attracted to a new land use development or a major expansion of an existing development, such as an industrial project or a major shopping centre, can have significant impacts on the performance of the current or future road network. These need to be properly assessed and addressed so that a satisfactory level of road safety and transport efficiency is maintained.

Judgment is required to decide whether a project requires a full traffic impact assessment or some lesser analysis of traffic issues. For example, small urban developments may only require alterations to driveways and off-street parking spaces, whereas a similar development on a rural road may require turn lanes because of the high speed environment, the level of traffic generated and/or site geometry that restricts visibility.

The following is a guide for deciding on the level of traffic assessment required:

a) Low Impact (generally less than 10 peak hour trips) – submit a safety assessment demonstrating satisfactory access location, sight distances and sightlines to pedestrians.

b) Moderate Impact (10 – 50 peak hour trips) – Traffic Impact Statement required.

c) High Impact (more than 50 peak hour trips) – Traffic Impact Study required.

The need for a traffic impact assessment can be influenced by many factors apart from the volume of peak hour traffic to be generated by the development. Where other criteria are significant, the discretion of Council can be exercised. Where development is to be located in a particularly sensitive area (e.g. densely populated) a traffic impact study may be deemed necessary, even though fewer than 10 peak hour trips are generated. Conversely, there may be cases where the development is in an isolated and less sensitive area and a traffic impact statement is considered to be sufficient even though the development generates more than 50 peak hour trips. Similarly a lower threshold, in terms of additional traffic generated, may be appropriate in more densely populated areas.

3. Traffic Impact Statement

A Traffic Impact Statement serves the same purpose as a traffic impact study but is not as comprehensive. A Traffic Impact Statement should include:

a) a brief description of the development in terms of proposed land use and trips generated;

b) a brief description of the existing operational conditions of the road network in the immediate vicinity of the development;

c) analysis of the operation of the accesses and parking arrangements for the development;

d) analysis of the parking demand and supply of the development;

e) analysis for the mobility impaired;

f) analysis of the operation of the first intersection, as a minimum, on either side of the accesses;

g) a conceptual geometric layout of the access arrangements, including any nearby driveways and intersections; and

h) professional opinion on the expected traffic impact based on a site observation during the expected critical peak hour and the analysis conducted.

4. Traffic Impact Study

A Traffic Impact Study should follow the standard format and structure described in the Roads and Maritime Authority’s (RMS) ‘Guide to Traffic Generating Developments’ (as amended from time to time by a superseding document prepared by RMS).

All proposed developments listed in Schedule 3 of State Environmental Planning Policy (Infrastructure) 2007 require referral to either a Regional Traffic Development Committee or a Local Traffic Development Committee. In most situations, a Traffic Impact Study will be required for developments listed under column 2 in that schedule.

5. Road Safety Audit

The person carrying out the traffic impact assessment will need to determine whether a Road Safety Audit, prepared in accordance with RMS requirements, needs to be included as part of the traffic impact assessment. This would be particularly relevant when road safety is identified as a major concern, for example, activities that generate large numbers of heavy vehicles or new schools.

B4.2.2 Parking Layout Standards

1. Car parking requirements, parking layout, driveway widths and vehicle manoeuvring areas are to be in accordance with the relevant sections of the current editions of Australian Standard 2890.

2. All parking spaces in commercial and industrial developments must be available for unrestricted public access and employee use. There shall be no restriction on public parking in the required car park, other than car spaces set aside for any residential units approved on the site.

3. Access for the disabled and parking facilities are to be provided in accordance with the current editions of AS 2890 and the Building Code of Australia and the requirements of the Disability Discrimination Act, 1992 (Commonwealth).

4. Tandem or stacked parking is not generally favoured. However, in certain cases, the provision of a limited number of employee parking spaces may be provided in this way in circumstances where no inconvenience arises from its use and subject to the following guidelines:

a) The applicant must be able to demonstrate that there is a real need for stacked parking and that the provision of stacked parking will not adversely affect the use of the site.

b) No more than two (2) cars are parked in a stacked arrangement, so that no more than one (1) vehicle has to move to allow egress of another.

c) Stacked parking is only to be used to provide parking for people employed on the premises and likely to park all day or a major part of the day.

d) Stacked parking spaces are to be used by the occupants of the site in one tenancy.

e) Stacked parking for customer/public and for separate dwellings on the same property will not be supported.

B4.2.3 Vehicle Access and Manoeuvring Areas

1. Driveways and manoeuvring areas are to be designed and constructed in accordance with the requirements of the current editions of Australian Standard 2890 and the Northern Rivers Local Government Development & Design Manual.

2. All parking and service areas shall be provided with sufficient manoeuvring areas to allow vehicles to enter and leave the site in a forward direction. Dwelling houses and dual occupancy developments may seek a variation this requirement on roads with low traffic volumes by demonstrating there are no traffic safety issues on the frontage roadway or within the site.

3. Designs for manoeuvring areas are to be in accordance with the current editions of Australian Standard 2890 and must include a swept path analysis for the relevant design vehicle.

4. Driveways, manoeuvring areas and parking areas, including loading & unloading areas, should be sealed with an all weather surface, such as asphalt, bitumen seal, concrete, pavers or other similar treatment. Porous paving should be provided, where soils are capable of high infiltration rates, for parking spaces (other than those for people with disabilities) and domestic driveways. Gravel surfaces are generally not acceptable in urban locations and some rural situations (issues such as noise, dust, and erosion need to be considered).

5. Internal driveways for more than three dwellings should have a minimum driveway width of 5.5 metres to facilitate two way access. The driveway width may be reduced to a minimum width of 3.5m where there are no potential internal driveway conflicts or traffic safety issues having regard to the following:

a) a minimum driveway width of 5.5m is provided for at least the first 6 m from the property boundary;

b) adequate passing opportunities are provided;

c) good sight distance is available;

d) slope of driveway is not excessive;

e) frontage roadway has less than 3000 vehicle trips per day; and

f) traffic and pedestrian volumes on the driveway.

6. Where driveways are to be negotiated by a waste collection vehicle, they must have a maximum gradient of 16% at any one point.

7. Internal driveways for three dwellings or less are to have a minimum width of 3m with a 4m wide X 2.7m high access corridor to facilitate landscaping, services, retaining walls etc.

8. Driveways for hatchet shaped lots should be fenced and landscaped on either side in order to minimise any potential noise or light pollution for adjoining lots with different ownership.

B4.2.4 Structures Adjacent to Driveways

Boundary fencing, garages, carports, landscaping, vegetation, signs, letterboxes or any other structures adjacent to a driveway that exceed 1.15 metres in height are to demonstrate compliance with the current editions of Australian Standard 2890 in relation to the provision of sight lines for vehicles and pedestrians. No permanent sight obstruction exceeding 1.15 metre in height shall be located within the identified clearance area for sight distances. The following diagram is provided from Australian Standard 2890.1:2004 for guidance:

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Figure B4.1 – Minimum Sight Lines for Pedestrian Safety (Source: Australian Standard 2890.1: 2004)

B4.2.5 Car Parking Requirements

1. Unless otherwise specified elsewhere in this DCP, car parking is to be provided in accordance with the schedule contained in Table B4.1

2. Where a proposed use is not represented in Table B4.1 or elsewhere in this DCP, the rates under the RMS Guide to Traffic Generating Developments (as amended from time to time by a superseding document prepared by RMS) will apply.

3. If a rate is not provided by the RMS Guide to Traffic Generating Developments (as amended from time to time by a superseding document prepared by RMS) a merit based assessment will apply. In such circumstances applicants are encouraged to review car parking rates for adjoining or surrounding Councils and to contact Council’s Development Engineers as to what an appropriate rate may be.

B4.2.6 Underground/ Basement Car Parks

1. Where excavation is proposed for basement car parks development applications should demonstrate that:

a) The proposed access to and appearance of the car park will be visually compatible with the existing and desired future character of the locality, streetscape and immediate surrounds.

b) The proposed access to the car park is consistent with the Council’s pedestrian and traffic management strategies for the commercial area and will not detract from pedestrian safety or the safety and amenity of community spaces or any public road. In this regard rear lane or secondary street access to the basement car park is preferred to minimise amenity impacts to streetscape and remove pedestrian conflicts.

c) All earthworks are located on the subject property and do not require any underpinning into neighbouring properties or adjoining road reserves.

d) Access to the basement complies with the Flood Planning Level to prevent the ingress of flood waters. Where grading cannot achieve compliance with the Flood Planning Level and provided no other feasible option (i.e. driveway design) is available, then the design may incorporate elements (e.g. ramps etc) or automatic mechanisms (e.g. hydraulic barriers etc) to prevent the ingress of flood waters to the basement, subject to the elements or mechanisms complying with the relevant Flood Planning Level. The basement to also include facilities for the pumping of water in the event of failure, or larger flood events.

e) Access to the basement is designed to prevent the entry of stormwater. Driveway ramps that allow for the ingress of rainwater are to be predominantly covered, with a maximum area of 60m² only that is exposed to direct rainfall.

f) The proposal will not adversely affect groundwater levels, flows, characteristics or quality.

B4.2.7 Car Parking Credits and Street Parking

1. Council may acknowledge car parking credits for a site based on the current approved use/s.

2. Any car parking credit shall be based on the rates in Table B4.1 in this DCP Chapter.

3. Car parking credit is equivalent to the parking requirement for current approved use/s calculated in accordance with (1) and (2) above, less the number of parking spaces specified by current approvals.

4. Where a developer contribution for car parking has previously been paid for a current approved use/s on a development site, new development may be entitled to car parking credits equivalent to the number of spaces for which developer contributions were received by Council if the above calculation does not acknowledge the credit.

5. Where a car parking credit has previously been granted for land dedications in conjunction with development, a new development on the same site will be entitled to take that into consideration in calculating the number of car parking credits.

6. Car parking credits are not transferable to other development sites.

7. Council will consider proposals to increase on street parking capacity for the provision of some or all customer car parking spaces by increasing on street parking capacity where there is a material public benefit, and where:

a) The net increase in formalised (ie paved &/or linemarked) on street parking is 25% greater than the number otherwise required on site;

b) The resulting streetscape conforms with the principles of good urban design;

c) The level of pedestrian, cycle and traffic amenity on the street is maintained; and

d) The proposal is not detrimental to utility services.

Note: Council is more likely to give favourable consideration to such proposals if they provide an offsetting benefit to the public - such as property boundary setback dedication to allow conversion of existing parallel parking to angle parking. Other proposals that promote ESD policies will also be entertained.

In B4.2.7, ‘current approved use ’ means a current use for which there is an effective development consent in place or an existing lawful use.

B4.2.8 Bicycle, Motorcycles and Coach Parking

1. Bicycle Parking

Development Proposals must make provision for bicycle parking in accordance with Table B4.1. The Bicycle parking is also to be designed in accordance with the current editions of AS 2890 Parking Facilities, Austroads and the NSW RTA Bicycle Guideline 2005 as appropriate and as nominated under Chapter B5 Providing for Cycling.

2. Coach Parking

Large developments, such as shopping centres, sporting facilities and hotels require on-site parking for regular passenger buses (and taxis), shopper-coaches, tourist coaches, etc. Parking for sufficient numbers of vehicles at convenient places (usually at main entrance points) should be provided on-site. Adequate provision must be made for access, safe manoeuvring and parking of coaches in proposals for tourist, commercial and recreational developments. Where applicants submit alternate proposals for a lesser number of car parking spaces based on bus/ coach transport, then bus parking will be required on the site.

A reduction in car parking may be approved if adequate demonstrated arrangements are made for bus/coach or other transport to the development. Any reduction shall be validated by a Traffic Impact Study & Survey.

3. Motorcycles

To encourage alternative forms of motor transport and to enable applicants to utilise areas within a car park that are undersized for the standard vehicle space, the following motorcycle parking provisions are to apply:

a) Large commercial developments with a gross floor area exceeding 1000m² shall make provision for the parking of motorcycles. Two percent of car parking spaces shall be converted to Motorcycle spaces at a general rate of 4 motor cycle spaces for every space converted. (e.g. a development generating 50 car parking spaces will have 49 car parking spaces and 4 motorcycle spaces).

b) For smaller developments where motorcycle spaces are proposed in lieu of car parking, these will be considered on merit, provided a minimum of 90% of parking is for cars, and 4 bike spaces are provided for every vehicle space not provided (eg a development generating 10 car parking spaces, could propose 9 spaces and 4 motorcycle spaces).

B4.2.9 Loading Bays

1. All developments have a need for a safe loading and unloading area (service area) which does not obstruct the passage of vehicles or pedestrians. Unless designed specifically for a nominated vehicle type or types appropriate to the use of the proposed development, loading bays should be provided in accordance with the schedule contained in Table B4.2.

2. Where a proposed use is not represented in Table B4.2, the rates under the RMS Guide to Traffic Generating Developments (as amended from time to time by a superseding document prepared by RMS) will apply.

3. Access, loading bays and manoeuvering for a service area must be designed in accordance with the current editions of AS 2890 Parking Facilities.

4. In general, service areas should satisfy the following requirements:

a) The service area must be a physically defined location, screened from public view, and not used for purposes other than servicing, loading and unloading.

b) Service area layout must facilitate its efficient use and must effectively discourage on-street loading and unloading.

c) Requirements for storage and collection of waste must be taken into account in service area design.

d) All service vehicles must be able to enter and leave the site in a forward direction, i.e. adequate manoeuvring space is required on site.

e) Internal roadways must be of a size adequate for the largest vehicle anticipated to use the site.

f) Service vehicle movements should be separated from car movements.

B4.2.10 Monetary Contributions

Council may consider accepting a monetary contribution in lieu of on-site car parking on land predominantly zoned B2 where there is a nexus between the development and the area in which public parking is or will be provided. Such cases will be considered on merit, with reference to:

a) the size of the development;

b) the site's proximity to, and the accessibility of, existing or proposed public car parking areas;

c) the demand for car parking generally in the locality; and

d) the general traffic flow in the area;

e) the cost to Council of providing the parking off site;

f) the likelihood of the parking being occupied and not being available for parking associated with the proposed development.

Should a monetary contribution be proposed, applicants will need to discuss this option with Council prior to lodgement of the Development Application, and propose either a voluntary planning agreement (VPA) or submit a VPA with the development application. (Note: There is no Section 94 Plan for car parking).

In locations away from the main commercial areas, or where no public car parks are planned, on-site car parking is to be provided with the development.

For works in kind, Council may consider car parking on public land or in the road reserve for all or part of the car parking required for an adjacent development proposal. Such work if permitted, is at the applicants expense, and such arrangements will only be allowed when a positive outcome results and the streetscape is improved.

B4.2.11 Landscaping

As an integral and important component of outdoor parking area design, suitable landscaping must be provided in accordance with the requirements of Chapter B9 Landscaping. In particular shade trees can assist with cooling the car parking area and the vehicles parked therein, and assist with managing the microclimate of urban areas.

Specifically outdoor car parks comprising 10 or more vehicle spaces are to incorporate a landscape bay of a suitable dimension to support the healthy growth of shade trees with a minimum height of 8 metres (at maturity) to shade every 2-5 parking spaces. The bay can also incorporate water sensitive urban design principles to facilitate stormwater disposal and also irrigation of the trees. Figure B4.1 below illustrates various car park landscaping configurations.

Figure B4.2 – Car park landscaping configurations (Source: South Sydney DCP No. 11 Transport Guidelines for Development 1996)

B4.2.12 Parking Schedules

Table B4.1 – Parking Rates

Land Use	Car Parking	Bicycle Spaces
*Amusement centre*	4 spaces per 100m² GFA plus 1 per 2 employees	8 per 100m² of GFA
*Backpackers* *accommodation*	1 space per 8 beds	1 per 5 beds
*Bed and breakfast* *accommodation*	1 space per guest bedroom plus 1 space per *dwelling*
*Boarding house*	See SEPP (Affordable Rental Housing) 2009	1 space per bed
*Business premises*	1 space per 20m² GFA	2 per 100m² (or part thereof) up to a floor area of 200 m² and 1 per 200 m² thereafter
*Bulky goods premises*	1 space per 50m² GFA
*Caravan park/ Camping grounds*	In accordance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2000
*Commercial premises*	See *business* premises
*Community facilities*	Merit based at a general rate of 1 space per 40m² of GFA.	1 per 100 m2 of GFA
*Child care centre*	1 space per 4 children plus drop off/pick up area
Dual occupancy	See *medium density housing,* except visitor car spaces are not required where on-street car parking is available within close proximity to the development.
*Dwelling house*	2 spaces per *dwelling*
*Educational establishment*	(Primary) 1 space per 2 staff members	1 per 5 students over year 4
*Educational establishment*	(Secondary) 1 space per 2 staff members plus 1 per 10 students aged 17 and over	1 per 5 students
*Educational establishment*	(Tertiary) 1 space per 5 students plus 1 space per 2 staff members	1 per 5 students
*Entertainment facility*	1 per 10 seats	1 Space per 10 car parks
*Exhibition home*	2 spaces per home external to garage/*dwelling* parking Space
*Food and Drink Premises*	1 per 20 m² of GFA in Business and Industrial Zones. 1 per 7.5 m²in all other zones.	1 per 25m² of GFA
*Function centre*	Same as food and drink premises
*Funeral home*	2 spaces plus either 1 space per 30m² GFA or 1 per 5 seats in chapel, whichever is greater
*Garden centre*	1 space per 70m² display area (including accessories). Where landscape supplies are included an additional 1 space per employee plus 2 customer spaces.
*Group home*	Refer SEPP (Affordable Rental Housing) 2009
*Hardware and building* *supplies*	1 space for 50m²GFA.
*Health consulting rooms*	2 spaces per consulting room plus 1 space per 2 employees plus any dwelling requirement	1 space per consulting room
*Hotel or motel accommodation*	1 spaces per unit plus 1 space per 2 employees (on site at any one time) plus 1 space for on-site manager. If public restaurant or function room included, as per food and drink premises	2 Spaces for accommodation units only If public restaurant or function room included, add 1 per 25m² of GFA
*Industry*	1 space per 100 m²or two per factory unit which ever is the greater.
*Kiosk*	See *food* and drink premises	See *food* and drink premises
*Landscape material* *supplies*	1 space per employee plus 2 customer spaces Where applicable add 1 space per 70m² product display/showroom area
*Market*	2.5 spaces per stall	1 space per 10 stalls
*Medical centre*	1 space per 20m² GFA plus any ancillary development requirement	1 space per consulting room
*Mortuary*	See *funeral* home
*Medium density housing* including multi dwelling housing, residential flat buildings and shop top housing	1 space per 1 or 2 bed unit, 2 spaces per 3 or more bed unit, 1 visitor space per 4 *dwellings* or part thereof. Each *dwelling* to have at least one covered car space. Where *dwellings* are designed with studies/ offices and other areas capable of being utilised as separate sleeping quarters these will be counted as bedrooms.
*Neighbourhood shop*	See *retail* premises
*Office premises*	See *business* premises	See *business* premises
*Place of public worship*	1 space per 10 seats	1 space per 100 seats
*Plant nursery*	See *garden* centre
*Pub*	1 space per 5m² of public area in bars and lounges.	2 per 25 m2 of public areas in bars and 2 per 100 m² of lounges and beer gardens
*Public administration* *building*	See *business* premises
*Recreation facility (indoor)*	Bowling Alley: 3 spaces per lane Squash Courts: 3 spaces per court Gymnasium: 1 spaces per 20m² GFA Other activities: on merit	1 per 4 employees and 1 per 200m2 of GFA
*Recreation facility (outdoor)*	Tennis Courts: 3 spaces per court Bowling Club: 15 spaces per green plus any restaurant and pub requirements where applicable Golf Course: 4 spaces per hole on course plus any food and drink requirements where applicable. Other activities: on merit	1 per 4 employees and 1 per 200m2 of GFA
*Registered club*	See *pub*	See *pub*
*Restaurant*	See *food* and drink premises	See *food* and drink premises
*Retail premises*	See business premises	See business premises
*Roadside stall*	Assessed on merit Consideration to be given to parking rates for *markets*
*Rural supplies*	1 space per 50m² GFA
*Rural tourist accommodation*	1 space per guest bedroom
*Secondary dwelling*	Nil
*Seniors housing*	See SEPP (Housing for seniors or people with a disability) 2004
*Service station*	5 spaces per mechanical Work bay plus 1 space per 20m² of GFA of convenience store GFA. Tandem Parking permitted and work bays can be counted as a space.
*Serviced apartment*	See *medium density housing*
*Shop*	See *business* premises	See *business* premises
*Shopping centre*	Per area of *gross leasable floor area* (GLFA): 1000 -10,000m² GLFA - 6.1 spaces per 100m² 10,000 - 20,000m² GLFA - 5.6 spaces per 100m² > 20,000 m²GLFA Parking Study required	See *business* premises
*Small Bars*	See Pub	See Pub
*Shop top housing*	See Medium density housing requirement plus *shop* requirement
*Takeaway food or drink* *premises*	See *food and drink premises*	See *food and drink premises*
*Timber yard*	See *landscape* material supplies
*Transport Depot*	1 space per vehicle driver, 1 per 2 onsite employee
*Truck Depot*	1 space per vehicle driver, 1 per 2 onsite employee
*Vehicle repair station*	5 spaces per service bay. Tandem parking permitted and service bays are counted as a car parking space
*Vehicle sales or hire* *premises*	1 space per 200 m² of GFA and any outdoor motor display, plus 5 per mechanical work bay. Tandem parking permitted and service bays are counted as a car parking space
*Veterinary hospital*	3 spaces per veterinarian plus 1 space per 2 employees
*Warehouse or distribution centre*	1 space per 300 m²of GFA
*Wharf or boating facilities*	1 per mooring 1 spaces per two employees
*Wholesale supplies*	See *bulky goods premises*

Table B4.2 – Loading Bays

Development type	Gross floor area (GFA), m²	*Number of Loading Bays Required by Vehicle Class*
Development type	Gross floor area (GFA), m²	*Small rigid vehicle*	*Medium rigid vehicle*	*Heavy rigid vehicle*	*Articulated vehicle*
Business premises/office premises (For premises less than 200 m², loading bays can be shared with staff parking provided the parking bay meets the minimum dimension requirements under AS2890 for a small rigid vehicle, there is adequate manoeuvring area and the space is suitably located for loading and unloading on-site)	0-999	1	-	-	-
	1,000-2,499	-	1	-	-
	2,500-7,999	1	1	-	-
	8,000-19,999	2	1	-	-
	20,000-34,999	2	2	-	-
	35,000-64,999	2	2	1	-
	>65,000	2	3	1	-
Retail premises, tourist and visitor accommodation (except bed and breakfast accommodation and farmstay accommodation) (For premises less than 200 m², loading bays can be shared with staff parking provided the parking bay meets the minimum dimension requirements under AS2890 for a small rigid vehicle, there is adequate manoeuvring area and the space is suitably located for loading and unloading on-site)	0-199	1	-	-	-
	200-599	-	1	-	-
	600-1,499	1	1	-	-
	1,500-1,999	2	1	-	-
	2,000-2,799	2	2	-	-
	2,800-4,399	2	2	1	-
	4,400-8,499	2	2	1	1
	8,500-11,499	3	2	1	1
	11,500-20,999	3	3	1	1
	21,000-23,999	3	3	2	1
	24,000-32,999	3	3	2	2
	>33,000	3	4	3	2
Industry (For premises less than 200 m², loading bays can be shared with staff parking provided the parking bay meets the minimum dimension requirements under AS2890 for a medium rigid vehicle, there is adequate manoeuvring area and the space is suitably located for loading and unloading on-site)	0-199		1	-	-
	200-799		-	1	-
	800-1,599		1	1	-
	1,600-2,399	1	1	1	-
	2,400-3,199	1	1	1	1
	3,200-3,999	1	2	1	1
	4,000-4,799	2	2	1	1
	4,800-5,599	2	3	1	1
	5,600-6,399	2	3	2	1
	6,400-7,199	2	3	3	1
	7,200-7,999	2	3	3	2
	>8,000	Same as previous – additional loading bays to be assessed on merit at a general rate of 1 bay per 1000m² GFA

Document History

Doc No.	Date Amended	Details (e.g. Resolution No.)
#E2014/4449	20 March 2014	Res 14-118 – Public exhibition version
#E2014/32920		Draft to 26 June 2014 Extraordinary Meeting - for adoption
#E2014/43195	26 June 2014	Adopted Version - Res 14-315.
#E2015/22176	11 June 2015	Public exhibition version – Res 15-251
#E2015/68566	8 October 2015	Adopted Version – Res 15-525
#E2018/27393	22 March 2018	Adopted 22 March 2018 Effective 12 April 2018 – Res 18-130 ‘Housekeeping’ amendment (various chapters).
#E2019/29557	April 2019	Public Exhibition version (Res 19-091) 24.2018.65.1
#E2019/29557	July 2019	New revision for adoption at 15 August 2019 planning meeting

D2.1 Introduction

Byron Shire Council recognises the need to plan for and control the form of residential accommodation and other forms of development in the Shire’s rural zones. Such development will need to be in harmony with its surroundings, both natural and constructed, and enhance the physical context valued by the local community and by the Shire's increasing number of visitors.

This Section complements the provisions of Byron LEP 2014. The aim has been to develop controls that provide flexibility to promote innovative and imaginative building forms, whilst ensuring development outcomes consistent with the character of the Shire and its rural lands. Building forms need to be related to each other and to their surroundings by careful attention to design, orientation, forms, scale, materials and landscaping.

D2.1.1 Aims of this Chapter

The Aims of this Chapter are:

1. To promote a high standard of design for development in rural lands that is sensitive to and enhances the natural and physical environment and the social fabric particular to Byron Shire.

2. To accommodate a variety of residential forms and dwelling sizes to reflect the growing diversity of household types, sizes, incomes, lifestyles and needs.

3. To promote energy efficiency and consideration of the Shire’s climatic characteristics in the design process.

4. To promote sustainable food and agriculture production.

5. To minimise conflict between developments, including conflict with agricultural activities in farming lands.

6. Where possible to limit potential for additional traffic on the road system and to reduce car dependence through facilitation of public transport, cycling and walking.

D2.1.2 Application of this Chapter

This Chapter applies to development applications seeking consent for various forms of residential accommodation and associated development in rural zoned lands, namely Zones RU1 and RU2. The types of development to which this Chapter applies include the following:

· Dual occupancies (attached and detached)

· Dwelling houses

· Expanded houses

· Farm buildings

· Rural worker’s dwellings

· Secondary dwellings

· Studios

The definitions of various residential and associated development types are contained in the Byron LEP 2014 Dictionary, or in the Dictionary to this DCP. The provisions in this Chapter supplement those provisions of Byron LEP 2014.

D2.2 General Provisions

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

Objectives

1. To implement the relevant Aims, Guiding Principles and provisions of the Byron Rural Settlement Strategy 1998.

2. To ensure that decisions relating to siting of development are consistent with the objectives and provisions of Chapter B6 Buffers and Minimising Land Use Conflict.

Performance Criteria

1. All development to which this Section applies must be consistent with the relevant Aims, Guiding Principles, Best Practice Guidelines and Performance Standards contained in the Byron Rural Settlement Strategy 1998 (the Strategy). The Strategy’s relevant Aims are:

i) To ensure that ecological, social and economic considerations are successfully integrated into the decision-making process for all future rural settlement in Byron Shire.

ii) …

iii) To ensure future rural settlement is directly linked to the repair, enhancement and protection of the natural environment, thereby increasing the shire's natural capital.

The Strategy’s relevant Guiding Principles are:

i) overriding principle -- all new rural settlement must meet the needs of Byron's residents today while conserving the shire's ecosystems, agricultural viability, lifestyles, heritage and culture for the benefit of future generations;

ii) sustainability -- development meets the needs of today without compromising the ability of future generations (long timeframes) to meet their own needs and enjoy a quality life resulting from clean air, water and soils;

iii) planning -- shire wide planning identifies potential rural settlement areas integrated with catchment-based (geographical, water and social) planning;

iv) consultation -- there is full community consultation and participation with the local community prior to decision-making, and support for participatory settlement planning;

v) environment -- existing habitat areas are identified, protected and enhanced, environmental repair is undertaken and corridors of native vegetation linking habitat areas are provided;

vi) water quality -- natural watercourses and the riparian lands, wetlands and groundwater systems are protected from sources of pollution and the water quality is maintained and improved;

vii) identity -- Byron Shire's unique image, diverse lifestyle and local character are maintained;

viii) facilities -- adequate community facilities to meet the needs of rural settlement areas are provided; and

ix) land use -- existing and potential agricultural and horticultural land uses and extractive resources on-site are protected; and off-site, on adjacent and nearby areas, their landuses and resources are not adversely impacted by rural settlement.

The relevant Best Practice Guidelines and Performance Standards are contained in Chapters 6 and 8 respectively of the Strategy.

Determination of siting, extent and nature of development must be consistent with the provisions of Chapter B6 Buffers and Minimising Land Use Conflict.

Prescriptive Measures

There are no Prescriptive Measures.

D2.2.2 Setbacks from Boundaries

Objectives

1. To achieve varied and interesting landscapes that preserve and complement the rural and scenic character and amenity of the Shire’s rural and environmental protection areas.

2. To achieve good orientation and spacing of developments in rural and environmental protection areas that achieve high quality living environments relative to privacy, sunlight, shade, wind and weather protection, and proximity of neighbouring development.

3. To minimise potential for land use conflict between rural land uses and activities.

Performance Criteria

1. Setback requirements may be flexible provided they are demonstrated to achieve the Objectives and Performance Criteria. Determination of setbacks will also depend on assessment of potential conflicts and buffer requirements pursuant to Chapter B6 Buffers and Minimising Land Use Conflict.

2. The setbacks and design of dwellings and other buildings must contribute to the locality’s rural character and attractiveness by means of siting, good design, appropriate materials and effective landscaping.

3. The setback from a road frontage or side boundaries for dwellings and other buildings will be determined on its merits, having regard to:

a) the Objectives;

b) any provisions of this development control plan applying to the specific location;

c) consistency with the rural and scenic character of the locality;

d) the position and setback of any existing buildings in the locality;

e) the siting and nature of nearby rural landuses and potential for creation of conflict with those uses;

f) the siting and nature of nearby residential accommodation buildings or other development and the potential for intrusion on privacy, amenity, solar access or climate characteristics of those buildings.

g) the effect on vehicular safety and visibility on a public road;

h) the orientation of the allotment and the proposed dwelling with regard to the sun and prevailing winds;

i) the location and treatment of any car parking areas and car parking structures on the site.

Prescriptive Measures

1. Minimum Road Frontage Setbacks: 55 metres from the boundary of a classified road and 15 metres from the boundary of other roads. (Note. The provisions of SEPP Infrastructure 2007 apply to development with frontage to a classified road). The “Byron Shire Roads Hierarchy” maps are available on Council’s website and show classified roads such as the Pacific Highway and other main roads.

No development is permitted within the building setback other than garbage storage facilities, mail boxes, landscaping, driveways and car parking spaces.

2. Minimum Side and Rear Boundary Setbacks: Based on consistency with the Objectives and Performance Criteria. Must comply with the requirements of the Building Code of Australia.

Determination of setbacks will also depend on assessment of potential conflicts and buffer requirements pursuant to Chapter B6 Buffers and Minimising Land Use Conflict.

D2.2.3 Character and Visual Impact

Objectives

1. To retain and enhance the unique character of Byron Shire and its distinctive landscapes, ecology, rural and natural areas.

2. To ensure that new development contributes to the character of its locality by respecting and complementing the natural and built environment.

Performance Criteria

The following principles shall be applied to all development:

a) site, building and landscaping design must address the climate;

b) where a building is visible from a public road, it must contribute to the rural and scenic character of the locality by means of good design, appropriate materials and effective landscaping;

c) there must be a reasonable degree of integration with the existing built, rural and natural environment, balanced with the desirability of providing for variety in the landscape;

d) the provision of verandahs, balconies, pergolas and other protective outdoor elements will be encouraged for visual, climatic and energy efficiency reasons;

e) well-designed overhanging eaves should be provided where feasible to protect against heavy rainfall and summer sun, while allowing winter sun penetration;

f) no roof may have a highly reflective surface. Any metal roof must have a colorbond or equivalent finish in a colour approved by council. White or light-coloured roofing will not be approved where likely to be visually intrusive or would result in significant glare for neighbouring properties;

g) details of building materials and surface colours must be submitted for assessment with a development application. All building materials must be compatible in character with their surrounding environment;

h) consistent with the NSW Coastal Council’s February 2003 publication ‘Coastal Design Guidelines for NSW’, namely the recommended design principles for buildings and development located in various categories of coastal and inland settlements, and for isolated coastal dwellings.

i) rural character and rural environment is not adversely affected by over development

Prescriptive Measures

1. The total number of residential buildings per property in RU1 and RU2 zones, including dwelling house, expanded house, dual occupancies and secondary dwellings is not to exceed six (6). This excludes multiple occupancy, community title, farm buildings, sheds and other structures meant for rural activities.

D2.3 Dwelling Houses

This Section outlines the controls applicable specifically to single dwelling houses in rural lands. It must be read in conjunction with the general provisions set out in Sections D2.1 and D2.2 of this Chapter.

In this Section, a reference to a dwelling house also includes a reference to an expanded house.

D2.3.1 On-Site Car Parking and Vehicle Access

Objectives

1. To provide adequate and visually compatible accommodation for vehicles.

Performance Criteria

1. Car parking must be provided on the site in a manner that provides convenient access for residents of the dwelling; safe and accessible in terms of visibility, turning and manoeuvring capabilities; and visually compatible with the site and its locality.

2. Car parking structures, including garages and carports, which are visible from the road must be compatible with the dwelling in terms of design and materials, and may form part of the dwelling structure.

Prescriptive Measures

Refer to Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access for detailed provisions regarding car parking and vehicle access.

D2.3.2 Recycling and Waste Management and On-site Sewage Management

Objectives

1. To facilitate the storage and collection of garbage and recyclable products.

2. To ensure responsible management of sewage on the site.

Performance Criteria

1. Garbage and recyclable storage and collection facilities must be provided to meet residents’ needs and collections service requirements where roadside collection is available.

2. On-site sewage management is to comply with Chapter B3 Services.

Prescriptive Measures

There are no Prescriptive Measures.

D2.3.3 Expanded House

Objectives

1. To facilitate the provision of a dwelling house comprising a number of separate building components.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

The design and use of the expanded house must conform to the following criteria:

a) No expanded house habitable outbuilding is to be located more than 20m from the wall of the main building, measured from wall to wall at the closest point;

b) the main building must contain an identifiable living area including the kitchen;

c) a maximum of three outbuildings may be connected to the main building by paths with an all-weather surface;

d) outbuildings are to be connected to the main building by paths with an all weather surface;

e) no separate driveway, car parking area, garage or carport structure is to be provided to service any outbuilding;

f) one outbuilding must be limited to a maximum floor area of 45m² excluding decks, verandahs, patios, balconies and the like; and the others must be limited to a maximum 30m² floor area excluding decks, verandahs, patios, balconies and the like;

g) none of the outbuildings is to contain facilities (e.g. kitchen, sink or the like) that would enable the preparation of food or beverages;

h) each separate outbuilding may incorporate a maximum of two bedrooms (including rooms with an ensuite or bathroom);

i) a maximum of one laundry per dwelling.

D2.4 Rural Worker’s Dwellings

D2.4.1 Rural Worker’s Dwellings

Objectives

1. To meet the genuine long term needs of viable agricultural enterprises for housing for workers on the land.

2. To ensure that rural worker’s dwellings are located to avoid potential for conflicts with agricultural activities on adjoining land, to avoid adversely affecting the sustainability of the land for agriculture, and to ensure compatibility with the rural character of the locality and the shire.

3. To specify the evaluation criteria and development requirements that apply to establishment of rural worker’s dwellings.

Note: Pursuant to the statutory definition in Byron LEP 2014, a rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Performance Criteria

1. Development applications must demonstrate that there is a genuine need and justification for a rural worker to live on the land, based on an existing/established legitimate agricultural activity.

2. The rural worker’s dwelling must be located so that it does not create potential for conflict with adjoining land uses. Determination of location and siting will depend on assessment of potential conflicts and buffer requirements pursuant to Chapter B6 Buffers and Minimising Land Use Conflict.

3. Rural worker’s dwellings must be located and retained on the same legal title as the principal dwelling house on the farm property, and may not be excised by subdivision.

4. The rural worker’s dwelling to be commensurate in size, area and number of bedrooms to accommodate the rural worker(s) and immediate family.

Prescriptive Measures

1. The property must have at least the minimum land area specified for that land by the lot size map.

2. The rural worker’s dwelling must be erected within 160m of the existing principal dwelling house on the site, and must share the same vehicular access to the adjoining public road.

3. A development application must be accompanied by the following information that demonstrates:

a) property details, including legal description, area, zoning, existing use of all parts of the site;

b) property plan showing existing and proposed infrastructure (including buildings, sheds, services, etc) and land use;

c) labour requirements, including the number of persons required to conduct the farming operation, the times that labour is required (e.g. seasonal, daily), a description of the work to be undertaken by all personnel, and the critical components of the operation that require an on-site residence and rural worker/s;

d) potential conflicts, including the distance from the proposed rural worker’s dwelling to adjoining land holdings and potentially conflicting landuses (e.g. intensive horticulture, pesticide use, intensive livestock activities and the like).

e) access and site details, including a plan showing the location of the principal dwelling and the proposed rural worker’s dwelling; and proposed access arrangements from the public road to the principal dwelling on the site and the proposed rural worker’s dwelling.

f) justification demonstrating why it is not feasible to accommodate the rural worker offsite, e.g. in a nearby village, rural property or urban area.

Note: Council may impose a condition requiring that the dwelling must not be occupied as a dwelling other than by a rural worker employed for the purpose of agriculture or rural industry on the land.

D2.5 Dual Occupancies and Secondary Dwellings

This Section outlines requirements for the provision of dual occupancies (attached and detached) and secondary dwellings in rural areas where permitted under the provisions of Byron LEP 2014.

Objectives

1. To ensure that dual occupancies and secondary dwellings in rural areas are located to avoid potential for conflicts with agricultural activities on adjoining land, to avoid adversely affecting the sustainability of the land for agriculture, and to ensure compatibility with the rural character of the locality and the shire.

2. To specify the evaluation criteria and development requirements that apply to establishment of dual occupancies and secondary dwellings in rural areas.

Performance Criteria

1. Dual occupancy and secondary dwelling development in rural areas must be located so that it does not create potential for conflict with adjoining land uses. Determination of location and siting will depend on assessment of potential conflicts and buffer requirements pursuant to Chapter B6 Buffers and Minimising Land Use Conflict.

2. Dual occupancies and secondary dwellings in rural areas must be located and retained on the same legal title as the principal dwelling house on the property, and may not be excised by subdivision.

Prescriptive Measures

A development application must be accompanied by information that demonstrates:

a) property details, including legal description, area, zoning, existing use of all parts of the site;

b) property plan showing existing and proposed infrastructure (including buildings, sheds, services, onsite wastewater disposal, etc) and land use;

c) potential conflicts, including the distance from the proposed dual occupancy and secondary dwelling to adjoining land holdings and potentially conflicting landuses (e.g. intensive horticulture, pesticide use, intensive livestock activities, rural industry and the like).

d) access and site details, including a plan showing the location of the principal dwelling and the proposed dual occupancy and secondary dwelling; and proposed access arrangements from the public road to the principal dwelling on the site and the proposed dual occupancy and secondary dwelling.

D2.5.1 On-Site Car Parking

Objective

1. To provide adequate and visually compatible on-site accommodation of vehicles for residents and visitors.

Performance Criteria

Vehicular access to a dual occupancy and secondary dwelling development should comprise a shared driveway. Driveways must be located and designed to minimise danger to pedestrians and cyclists using the public road and to ensure that vehicles do not need to reverse into or out of the driveway.

Prescriptive Measures

1. Car parking shall satisfy the requirements for on-site car parking for dual occupancy development as set out in Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access.

2. There is no car parking requirement for secondary dwellings.

D2.5.2 Character and Siting of Dwellings

Objectives

1. To ensure that dual occupancy and secondary dwelling development is compatible in character with development in the locality, provides adequate private open space and addresses environmental, slope and drainage issues.

2. To minimise the footprint of dual occupancy and secondary dwelling development through location of dwellings and the use of shared services and common areas.

Performance Criteria

1. In assessing any proposal for dual occupancy and secondary dwelling development, particular consideration will be given to the topography and slope of the site, design to minimise loss of privacy, bushfire and environmental constraints, the visual impact of the proposal and the likely impact on water flows and drainage.

2. To encourage better visual quality and greater public acceptance, dual occupancy and secondary dwelling development must be designed to be responsive to its location. It could look like a single dwelling or be sited in a clustered arrangement with other farm buildings, garages, car ports or farm sheds.

3. Separate private open space must be provided for each dwelling in accordance with Section D2.5.4, and must be designed to be easily accessible to the dwelling it serves.

4. The applicant must demonstrate that the design of the development and the siting of the two dwellings will not generate additional adverse environmental impacts through excessive vegetation removal for bushfire protection or detract from the visual amenity of the locality.

Prescriptive Measures

1. Dual occupancy (attached) dwellings are to be attached to each other by a common dividing wall, this may include garage walls. The dwellings must be serviced by a common vehicle access.

2. Dual occupancy (detached) dwellings shall be located not more than 100 metres apart between the closest points. The dwellings must be serviced by a common vehicle access.

3. Secondary dwellings can be either attached to or detached from the principle dwelling as per the controls for dual occupancy (attached and detached) above.

Note: Clause 4.6 of Byron LEP 2014 (Exceptions to Development Standards) allows for flexibility in applying certain LEP 2014 development standards if it is justified in the circumstances. A merit case for development standards (except the floor space of a secondary dwelling) can be submitted to Council where it can be demonstrated to achieve better development outcomes.

D2.5.3 Sound Proofing

Objectives

1. To ensure an acceptable acoustic environment for residents.

Performance Criteria

1. Where the dual occupancy (attached) is separated by a common dividing wall, that wall must be designed and constructed to resist sound and to ensure acoustic privacy and amenity between rooms.

2. Development must be designed to minimise noise and vibration impacts upon occupants of nearby dwellings. Where practicable, sources of noise must be sited away from adjoining properties, and where necessary must be screened by acoustic treatments.

Prescriptive Measures

There are no Prescriptive Measures.

D2.5.4 Private Open Space

Objectives

1. To ensure that adequate accessible and useable open space is provided to meet the recreational, gardening and landscape needs of residents.

Performance Criteria

1. Private open space areas must be of dimensions to suit the projected requirements of the occupants and guests and to accommodate outdoor recreation needs, as well as providing space for service functions such as clothes drying and domestic storage.

2. Part of the private open space must be capable of enabling an extension of the function of the dwelling for relaxation, dining, entertainment, recreation and children's play, and be directly accessible from the dwelling. Provision must be made for space for private gardening such as vegetable gardens.

3. Location of private open space must take account of outlook, natural features of the site and neighbouring buildings or open space. Orientation of private open space must provide for maximum year round use in terms of sunlight.

4. Private recreational facilities must not adversely affect the amenity of adjacent properties.

Prescriptive Measures

1. Each dwelling must have a minimum landscaped area of private open space at ground level, not located in the front setback. The minimum private open space area will be 30m² and will have a minimum length and width each of 4m, excluding any area used for vehicle circulation or parking.

2. The private open space area must not include any areas used for the management of on-site sewage effluent.

D2.5.5 Adjoining and Nearby Development

Objective

1. To ensure that rural dual occupancies and secondary dwellings are located to avoid potential for conflicts with agricultural activities on adjoining land, and to ensure compatibility with the rural character and scenic amenity of the locality and the shire.

1. Dual occupancy and secondary dwelling development must be located so that it does not create potential conflict with adjoining agricultural activities or other legitimate land uses. Determination of location and siting will depend on assessment of potential conflicts and buffer requirements pursuant to Chapter B6 Buffers and Minimising Land Use Conflict.

2. Dual occupancies and secondary dwellings must be compatible with the bulk, scale, height and character of the locality and nearby development. The site characteristics, including slope and aspect, must be taken into consideration in assessing the appropriate height and number of storeys.

3. Dual occupancies and secondary dwellings must be compatible with the scenic amenity of the locality.

4. Adequate provision must be made for:

a) solar access and privacy of the proposed dwelling(s) and any adjacent dwellings;

b) reasonable protection of existing views and privacy from neighbouring houses;

c) access to natural light and solar access for the proposed dwelling(s) and any adjacent dwelling(s).

Prescriptive Measures

There are no Prescriptive Measures.

D2.6 Multiple Occupancy Development

Multiple Occupancy has historically been a preferred way of living in the rural areas of Byron Shire. The following controls have been prepared to implement the Aims, Guiding Principles, Best Practice Guidelines and Performance Standards of the Byron Rural Settlement Strategy 1998 relating to Multiple Occupancy Development.

D2.6.1 Multiple Occupancy Development of Rural Land

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.

Performance Criteria

1. The location of dwelling houses, including any existing dwelling house(s), are to be sited in a clustered style to facilitate social interaction between residents, to limit the cost of construction for residents in terms of the provision of services and access roads, and minimising environmental impacts from unnecessary earthworks and vegetation removal.

2. The siting of dwelling houses shall have regard to the physical characteristics of the land, including topography, drainage lines, existing vegetation, bushfire constraints and other hazards and accessibility by vehicle.

3. Suitable detail, reports and management plans to be submitted with the application demonstrating:

a) the proposal will have a positive impact upon the environment through environmental repair and enhancement;

b) measures for the management of the land by various landowners setting out rights and responsibilities, dispute resolution and collective use of resources;

c) how effluent will be disposed of on site, water will be managed and hazards such as bushfire mitigated.

Prescriptive Measures

1. Siting and Clustering of House Sites

a) Dwelling houses must be clustered in three (3) or more houses or future house sites. Separate clustering must demonstrate that the environmental and social impact or impacts of a number of dwelling houses and building clusters is less than a single clustering of dwelling houses and buildings. Clustering is defined to be dwelling houses, community buildings, garages, farm sheds and any other buildings located within close proximity and easy walking distance to each other. The distances apart must average 80 metres in a cluster but not exceeding 160 metres between any two dwelling houses in a cluster.

b) The Council shall not grant consent where the proposed development is in a dispersed style. A dispersed style is a style in which the dwelling houses are located throughout the developable land resulting in longer than necessary road access arrangements or longer than necessary power supply arrangements or adverse social or environmental impacts.

c) All dwelling houses, or sites for future dwelling houses to be located with floor levels above the flood planning level of any natural waterbody, watercourse, river, creek or wetland.

d) No building or future dwelling house site envelope to be within 55 m of a classified road.

e) Dwelling houses, future house sites, farm sheds and other structures to be sited in accordance with the requirements of Chapter C3 Visually Prominent Sites, Visually Prominent Development & View Sharing.

2. Environmental Impact Assessment Report

An Environmental Impact Assessment Report should be prepared to Council’s satisfaction to determine the area and location of developable land. It should address the following matters:

a) A full description of the development and the existing environment likely to be affected, including a concept plan and land capability and suitability report which identifies the following:

i) lands subject to bushfire hazards (Vegetation Category 1 and 2), flooding (land affected by 1:100 ARI flood event) and slopes greater than 20 percent;

ii) prime agricultural lands, (classes 1, 2 and 3);

iii) High environmental value vegetation and habitats and existing habitat areas for flora, fauna or ecological communities listed under the Threatened Species and Conservation Act 1995 and associated buffers;

iv) areas identified for environmental repair, weeding and plantings;

v) watercourses, natural drainage lines, permanent creeks, streams, wetlands and associated buffers;

vi) areas of visual significance as seen from public roads, parks and elsewhere in the general public domain;

vii) land slip areas and soil erosion areas;

viii) adjoining or surrounding land uses, including intensive livestock agriculture, extensive agricultural activities, intensive plant agriculture and extractive industries (including potential areas of extractive resources) which may produce a conflict with the proposed multiple occupancy having regard to the buffers needed to protect future residential amenity;

ix) any contaminated sites such as dip sites, sawmills, quarries or chemical storage dumps and associated buffers;

x) directions, distances and standard of roads to local shops, halls, schools, parks and community facilities;

xi) school bus services and capacity to meet any likely increase in demand;

xii) internal access roads both existing and proposed;

xiii) indicative footprints of all proposed and existing dwelling houses and other building sites including community buildings, sheds and any other farm structures.

Note: Any required buffers to be calculated in accordance with Chapter B6 Buffers and Minimising Land Use Conflict.

b) As a result of the above, an assessment is to be made to calculate the area and location of developable land which is relatively unconstrained and potentially suitable for the location of dwelling houses, community buildings and other buildings. It is this developable land area where Council will expect to see the proposed dwellings clustered.

The decision as to whether or not land is unsuitable for development must take into account the combined effect of each of the matters described in Prescriptive Measure 2(a)(i) to (ix) above on all parts of the property, together with any proposed management or impact amelioration measures.

3. Rural Landsharing Management Plan

A Rural Landsharing Management Plan should be prepared to Council’s satisfaction and clearly address the following issues:

a) the degree of recognition and understanding among the community regarding collective land ownership and use of resources;

b) the designated theme for the respective Multiple Occupancy Community;

c) the aims and objectives of the respective Multiple Occupancy Community;

d) any intentions of the respective Multiple Occupancy Community in terms of 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 or other activities which are intended to take place on the land;

e) how ownership ‘shares’ or an individuals entitlements are to be allocated including the means proposed for establishing land ownership, dwelling house occupancy rights, environmental and community management and the internal enforcement provisions of the Rural Landsharing Management Plan are deemed by the Council to be adequate and workable;

f) how shareholders or owners in the Multiple Occupancy Development are to reach decisions on matters affecting the Multiple Occupancy Community;

g) how shareholders or owners can dispose of their interest in the Multiple Occupancy Community;

h) provisions for mediation and dispute resolution provisions;

i) the type of behaviour which is permissible on the Multiple Occupancy Community in terms of what is acceptable regarding:

i) use of the land for housing, commercial agriculture, domestic food production and other purposes;

ii) visitors and tourists;

iii) noise;

iv) use of chemicals;

v) keeping of cats, dogs and other animals;

vi) lifestyle;

vii) Landcare;

viii) disposal of sewage;

ix) disposal of domestic waste and recycling;

x) environmental repair; and

xi) any other appropriate matters.

4. Access roads

All internal access roads

a) must have a minimum width of 4.0m;

b) gradients in excess of 12% are to be bitumen or concrete sealed;

c) must be constructed and drained to provide all-weather access for two wheel drive vehicles; and

d) in bushfire prone areas must be designed and constructed to comply with the requirements of the Rural Fire Service (for further detail see Planning for Bushfire Protection 2006).

5. Bushfire Management

In areas mapped as bushfire prone land a detailed Bushfire Assessment Report, prepared by a suitably qualified professional to be submitted with the development application. The report is to include as a minimum the following details:

a) a description (including the address) of the property on which the development the subject of the application is proposed to be carried out;

b) a classification of the vegetation on and surrounding the property (out to a distance of 140 metres from the boundaries of the property) in accordance with the system for classification of vegetation contained in Planning for Bush Fire Protection;

c) an assessment of the slope of the land on and surrounding the property (out to a distance of 100 metres from the boundaries of the property);

d) identification of any significant environmental features on the property;

e) the details of any threatened species, population or ecological community identified under the Threatened Species Conservation Act 1995 that is known to the applicant to exist on the property;

f) the details and location of any Aboriginal object (within the meaning of the National Parks and Wildlife Act 1974) or Aboriginal place (within the meaning of that Act) that is known to the applicant to be situated on the property;

g) a bush fire assessment for the proposed development (including the methodology used in the assessment) that addresses the following matters:

i) the extent to which the development is to provide for setbacks, including asset protection zones for each dwelling house or future house site within the multiple occupancy;

ii) the siting and adequacy of water supplies for fire fighting;

iii) the capacity of public roads in the vicinity to handle increased volumes of traffic in the event of a bush fire emergency, and any upgrading that may be required;

iv) whether or not public roads in the vicinity that link with the fire trail network have two-way access;

v) the adequacy of proposed arrangements for access to and egress from the Multiple Occupancy for the purposes of an emergency response;

vi) the adequacy of bush fire maintenance plans and fire emergency procedures for the multiple occupancy;

vii) the construction standards to be used for building elements in the development, including details on any upgrading of existing buildings in terms of the Australian Standard 3959 – 2009 Construction of Buildings in Bushfire Prone Areas, or construction standards for new buildings;

viii) the adequacy of sprinkler systems and other fire protection measures to be incorporated into the development;

h) an assessment of the extent to which the proposed development conforms with or deviates from the standards, specific objectives and performance criteria set out in Planning for Bush Fire Protection 2006 or as amended.

6. Vegetation Management Plan

a) In accordance with the Byron Rural Settlement Strategy it has been a requirement that proposals for Multiple Occupancy development to also include an element of environmental repair and enhancement based on 900 trees per dwelling house. Such repair is to be focused on the expansion of wildlife corridors, reconnecting vegetation remnants, and enhancing riparian areas and habitat for threatened species and endangered plant communities.

b) Where properties are significantly infested by woody weeds (e.g. camphor laurel, lantana etc) Council will consider requests to undertake environmental repair and enhancement activities based on weed control and assisted natural regeneration and a lesser number of trees to be planted where it can be demonstrated that the proposal will have a similar positive environmental impact to planting 900 trees per dwelling house.

a) Council will also consider requests to undertake environmental repair and enhancement activities on other rural sites within the Shire (instead of on the land the subject of the application) where it can be demonstrated that the subject land:

i) contains adequate native vegetation cover not threatened by competitive/ inhibiting weed or noxious plant invasion and requires no further environmental repair and enhancement activities; or

ii) contains existing reafforestation works undertaken as part of a long term program and where such works can be substantiated to Council’s satisfaction; or

iii) notwithstanding the vegetation attributes of the land, the applicant identifies a higher priority location in the same local catchment area requiring urgent environmental repair and enhancement and that Council agrees to such a location.

Note: Where an applicant seeks to carry out environmental repair and enhancement work on another rural property, the consent from the land owner is to be submitted with the Development Application.

b) Applications for Multiple Occupancy Development are to include a vegetation management plan detailing the revegetation and/or restoration program to be carried out over a period of at least five (5) years. The content of the vegetation management plan shall include the following:

i) site features including maps showing the location of riparian areas, existing native vegetation stands, weed infestations, threatened species and proposed management zones for revegetation and/or restoration;

ii) the principal aims and objectives of the plan as they relate to the flora and fauna communities and habitat on the land and surrounding localities;

iii) a detailed planting and/or restoration strategy to achieve these aims and objectives and, where applicable, a longer term program for the eradication/ management of Camphor Laurels and other weed species;

iv) specific locations, spacing/density, names and mature heights of tree and shrub and other species to be planted;

v) an implementation schedule including the expected completion date for planting activities;

vi) how adequate site preparation and maintenance, including the initial clearing and on-going control of competitive/inhibiting grass and weeds, mechanisms to protect plantings from stock (fencing essential) or other browsing animals including natives (e.g. Wallabies) will be undertaken within planting areas;

vii) a species planting list appropriate to the relevant area and details of provenance to ensure only locally sourced species are used in revegetation works;

viii) performance indicators such as a 90% survival rate (of establishment of planted trees), to be achieved at the end of 24 months following the completion of planting activities or at a later date as agreed upon by Council for reasons such as climatic or geographic factors, or appropriate changes in cover of native and exotic species. A Council appointed person may undertake a site assessment at a nominal cost to applicant to determine compliance with any performance indicators;

ix) a monitoring and evaluation strategy to measure performance indicators and demonstrate progress against plan objectives. This may involve both qualitative and quantitative monitoring;

x) templates for documenting revegetation and/or restoration activities (i.e. daily record sheets), and vegetation monitoring;

xi) reporting and auditing requirements over a five year period from the time of commencement to the time of completion. Reports are to include:

· an assessment of progress against plan objectives, performance targets and activities as detailed in the implementation schedule;

· copies of daily record sheets and monitoring sheets, deviations from the approved schedule of works and adaptive management recommendations (if required).

As a minimum, one progress report to be factored in after year 2 and reported to Council and a final audit report following completion of work to be submitted to Council. The progress report and final audit report are to be certified by a suitably qualified bush regenerator, ecologist or environmental scientist that works approved under the vegetation management plan have been completed.

7. Water Management Plan

a) A Water Management Plan to be submitted with the development application addressing the following:

i) location, source and capacity of water supply for domestic, agricultural and fire prevention uses;

ii) how the layout of the multiple occupancy and location of dwelling houses and future house sites, will protect drainage lines and water courses;

iii) where a reliable dam supply is necessary to satisfy irrigation and stock requirements, that a quantifiable criteria of water catchment area has been established based on rainfall data, runoff data, expected consumption and a connecting formulae;

iv) minimum water tank storage for domestic use is 40,000 litres per dwelling house plus any additional requirements of the Rural Fire Service for fire fighting purposes; and

v) adequate water conservation measures (dual flush toilets, aerated shower roses and bathroom taps, water reuse, etc.) to be implemented as part of the development.

b) An assessment of the impact on groundwater and surface water according to the NSW State Groundwater Policy and Framework Document 1997.

c) Multiple use of dams and pumps to supply water for any purpose must be authorised under the provisions of the Water Management Act 2000 or the Water Act 1912

8. Effluent Disposal

Details to be submitted with the development application by a suitably qualified professional that effluent can be disposed of on site in accordance with Council requirements for rural dwelling houses. The report is to be prepared in accordance with the requirements of Chapter B3 Services.

9. Dwelling houses

a) Individual dwelling houses to comply with the relevant provisions contained within this Chapter for single dwelling houses, including D2.2 and D2.3.

b) Dual occupancies and secondary dwellings are not permitted unless otherwise specified in the multiple occupancy approval or in Schedule 1 of Byron LEP 2014.

D2.7 Studios and Farm Buildings

Studios are meant for activities which may not be suitable in the dwelling house. This could include for example painting, pottery, playing music, writing, other artistic pursuits or an office space for a home office. The studio is not meant to be used a separate bedroom, nor is meant to be a secondary dwelling or for other habitable purposes.

Farm buildings, sheds and other structures are meant for rural activities such as a farm workshop, and the storage of farm equipment, stock, feed, and the like. Like studios they are not meant to be used for separate habitable purposes.

D2.7.1 Studios

Objectives

1. To enable construction and use of a detached building that is ancillary to and compatible in character with a dwelling where, because of its nature or space requirements the proposed use of the building is not practical within the confines of the dwelling.

2. To limit the number of studios allowed per property.

Performance Criteria

1. The proponent must demonstrate that the studio is required for a purpose that, because of its nature or space requirements is not practical to undertake within the confines of the dwelling.

2. The studio must not be used for separate habitation and be compatible in design and character with the dwelling and its environment.

Prescriptive Measures

Studios are limited to one per property, or in the case of multiple occupancy and community title, one per dwelling. The studio must:

a) be situated on the same site as the dwelling;

b) not exceed 60m² gross floor area;

c) not contain internal partitions other than those necessary for ablution facilities or demonstrably required for the use of the studio (e.g. photography darkroom);

d) not contain a kitchen;

e) not be used for separate habitation;

f) the studio to be contained in a circle with a diameter no greater than 100 metres around the dwelling house;

g) not require additional clearing of native vegetation, or the provision of additional public services infrastructure over and above that required by the dwelling.

D2.7.2 Farm Buildings, Sheds and other Structures

Objectives

1. To specify criteria for establishment of farm buildings.

2. To maintain the character and amenity of the Shire’s Rural Zones.

3. To minimise conflicts between developments in Rural Zones.

Performance Criteria

1. Farm buildings must observe the road and boundary setback requirements specified in Section D2.2.2 and the character and visual impact requirements specified in Section D2.2.3.

2. Determination of siting, extent and nature of development must be consistent with the provisions of Chapter B6 Buffers and Minimising Land Use Conflict.

3. Fencing, particularly adjoining E-zones, should aim to reduce negative impacts on native wildlife by complying with the Wildlife Friendly Fencing guidelines.

4. Fencing in flood prone areas should aim to meet the guidelines set out in the “Riparian Fences Guides”.

5. Dwelling house to shed conversions should include at a minimum the removal of the kitchen cooking and washing facilitate use for agricultural needs which may include the addition of a roller door. This should include the removal of any non-structural internal partitions.

6. Sheds should be open, have minimal dividing walls and plumbing and be suitable for machinery and vehicle storage. Plans of decommissioning should be included with Development Applications seeking to change the use of the building from a dwelling to a shed.

Prescriptive Measures

There are no Prescriptive Measures.

D2.8 Community Title Development of Rural Land

Objectives

1. To reflect the objectives and provisions of Byron LEP 2014 relating to Rural Community Title Development.

2. To maintain the character and amenity of the Shire’s Rural Zones

3. To specify development requirements that apply to the establishment of dwellings in Rural Community Title Developments.

Performance Criteria

There are no Performance Criteria

Prescriptive Measures

1. Individual dwelling houses are to comply with the relevant provisions contained within this Chapter for single dwelling houses, including D2.2 and D2.3.

2. Dual occupancies and secondary dwellings are not permitted unless otherwise specified in the community title approval or in Schedule 1 of Byron LEP 2014.

Document History

Doc No.	Date Amended	Details (e.g. Resolution No.)
#E2014/2212	20 March 2014	Res 14-118 – Public exhibition version
#E2014/32923		Draft to 26 June 2014 Extraordinary Meeting - for adoption
#E2014/43347	26 June 2014	Adopted Version – Res 14-315
#E2019/29556	April 2019	Public Exhibition Version (Res 19-091) 26.2018.65.1
#E2019/29556	July 2019	New Revision for adoption at 15 August 2019 planning meeting

D3.1 Introduction

Council is committed to a sustainable future for the Shire that involves balancing the protection and enhancement of its sensitive natural environment and improving social and economic outcomes for both residents and visitors. Byron Shire, with its scenic landscapes, attractive climate and relaxed but cosmopolitan lifestyle is a widely recognised domestic and international tourist destination. Tourism is an important contributor to the Shire's economy and to the lifestyle and wellbeing of its residents.

In September 2009 Council adopted the Byron Shire Tourism Management Plan 2008 to 2018 (Tourism Management Plan). The Tourism Management Plan provides a strategic and integrated framework to guide the management, development and marketing of tourism for Byron Shire during its 10 year life span.

This Chapter provides development guidelines and controls for tourist accommodation in the Shire. It aims to supplement the statutory provisions of Byron LEP 2014; to support the council's commitment to a sustainable natural, built and economic environment; and to implement those strategies and actions of the Tourism Management Plan that can be achieved through the development process.

D3.1.1 Aims of this Chapter

The Aims of this Chapter are:

1. To provide development guidelines and controls for various forms of sustainable tourist accommodation development across the Shire.

2. To promote a high standard of environmentally sustainable and responsive design for tourist accommodation development that is sensitive to and enhances the natural and physical environment and the social fabric particular to Byron Shire.

3. To promote energy efficiency and to ensure consideration of the Shire’s ecological characteristics and sub-tropical climate in the design process.

4. To minimise conflict arising from development, including conflict with the amenity of local residents and residential precincts, commercial areas and agricultural activities on farming lands.

5. To give effect to the objectives of the ‘Byron Shire Tourism Management Plan 2008 to 2018’ through the development process.

D3.1.2 Application of this Chapter

This Chapter specifies the controls that apply to development applications seeking consent for tourist accommodation in Zones RU1, RU2, RU5, R2, R3, R5, B1, B2, B4, SP3 and RE1.

D3.1.3 Byron LEP 2014 Provisions relating to Tourist Accommodation

Byron LEP 2014 applies specific development standards to bed and breakfast accommodation, farm stay accommodation and eco-tourist facilities. Clause 6.8 Rural and nature based tourism development also applies to tourism development in rural areas.

D3.2 General Provisions

D3.2.1 Location and Siting

Objectives

1. To ensure that the siting and design of tourist accommodation does not conflict with important ecological characteristics or conservation values of the site or the Shire, and respects the natural systems and values of its location and surrounds.

2. To ensure that decisions relating to siting of development are consistent with the Objectives and provisions of Chapter B6 Buffers and Minimising Land Use Conflict.

Performance Criteria

1. The siting, design and operation of tourist accommodation and associated development must not adversely affect important conservation values, ecological systems or characteristics of the site or the Shire. Development must respect and contribute to the natural environmental systems and values of its location and surrounds.

2. Development applications for proposals located in or near ecologically sensitive areas, areas of high environmental values and/ or important natural features or sites must include a full description of those ecological, conservation and natural values and systems, together with a comprehensive, professional assessment of the impact of the proposed development thereon. The impact assessment must include an evaluation of the effectiveness and sustainability of any proposed amelioration and management measures.

3. Determination of the siting, extent and nature of development must be consistent with the provisions of Chapter B6 Buffers and Minimising Land Use Conflict.

Prescriptive Measures

There are no Prescriptive Measures.

D3.2.2 Character and Design in Residential, Village and Tourist Zones

Objectives

1. To ensure that tourist accommodation in Residential, Village and Tourist Zones is compatible with the character and amenity of development in the locality.

Performance Criteria

1. Tourist accommodation in Zones RU5, R2, R3, R5, and SP3 must be compatible in character and amenity with development in the locality.

2. The provisions of the following Sections in Chapter D1 Residential Development in Urban and Special Purpose Zones apply to all tourist accommodation development in zones RU5, R2, R3, R5, and SP3 in the same way they apply to residential accommodation in Urban, Village and Special Purpose Zones:

a) Section D1.2.1 – Building Height Plane;

b) Section D1.2.2 – Setbacks from Boundaries;

c) Section D1.2.3 – Screening the Underfloor Space of Buildings;

d) Section D1.2.4 – Character and Visual Impact;

e) Section D1.2.5 – Fences;

f) Section D1.2.6 – Balconies;

g) Section D1.2.7 – Pedestrian and Cycle Access.

3. All service pipes and vents must be concealed within the walls of developments, with provision for access as required by relevant authorities. Recessed service pipes in external walls may be acceptable subject to individual assessment.

4. Where televisions are provided common television reception facilities must be included in the development.

Prescriptive Measures

There are no Prescriptive Measures.

D3.2.3 Character and Design in Rural Zones

Objectives

1. To ensure that tourist accommodation in Rural Zones is compatible with the surrounding landscape and with the character and amenity of development in the locality.

2. To implement the relevant Aims, Guiding Principles and provisions of the Byron Rural Settlement Strategy 1998.

Performance Criteria

1. Tourist accommodation development in Zones RU1 and RU2 must be compatible in character and amenity with the surrounding rural and natural landscape, and with development in the locality.

2. The provisions of Chapter D2 Residential Accommodation and Ancillary Development in Rural Zones apply to all tourist accommodation development in zones RU1 and RU2 in the same way they apply to residential accommodation in Rural Zones.

3. All development to which this Chapter applies in Rural Zones must be low scale consistent with the relevant Aims, Guiding Principles, Best Practice Guidelines and Performance Standards contained in the Byron Rural Settlement Strategy 1998 (‘the Strategy’) as follows:

a) The Strategy’s relevant aims are:

i) To ensure that ecological, social and economic considerations are successfully integrated into the decision-making process for all future rural settlement in Byron Shire.

ii) ……

iii) To ensure future rural settlement is directly linked to the repair, enhancement and protection of the natural environment, thereby increasing the Shire's natural capital.

b) The Strategy’s relevant Guiding Principles are:

i) overriding principle -- all new rural settlement must meet the needs of Byron's residents today while conserving the Shire's ecosystems, agricultural viability, lifestyles, heritage and culture for the benefit of future generations;

ii) sustainability -- development meets the needs of today without compromising the ability of future generations (long timeframes) to meet their own needs and enjoy a quality life resulting from clean air, water and soils;

iii) planning -- Shire wide planning identifies potential rural settlement areas integrated with catchment-based (geographical, water and social) planning;

iv) consultation -- there is full community consultation and participation with the local community prior to decision-making, and support for participatory settlement planning;

v) environment -- existing habitat areas are identified, protected and enhanced, environmental repair is undertaken and corridors of native vegetation linking habitat areas are provided;

vi) water quality -- natural watercourses and the riparian lands, wetlands and groundwater systems are protected from sources of pollution and the water quality is maintained and improved;

vii) identity -- Byron Shire's unique image, diverse lifestyle and local character are maintained;

viii) facilities -- adequate community facilities to meet the needs of rural settlement areas are provided; and

ix) land use -- existing and potential agricultural and horticultural land uses and extractive resources on site are protected; and off-site, on adjacent and nearby areas, their landuses and resources are not adversely impacted by rural settlement.

c) The relevant Best Practice guidelines are contained in Chapter 7 of the Strategy.

d) The relevant Performance Standards are contained in Chapter 8 of the Strategy.

Prescriptive Measures

There are no Prescriptive Measures.

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

Objectives

1. To ensure that tourist accommodation in Business and Mixed Use Zones is compatible with the character and amenity of development in the locality.

Performance Criteria

Tourist accommodation in Zones B1, B2 and B4 must be compatible in character and amenity with development in the locality. The provisions of the following Sections in Chapter D4 Commercial and Retail Development apply to all tourist accommodation development in Zones B1, B2 and B4 in the same way they apply to commercial and retail development in Business and Mixed Use zones:

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

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

Prescriptive Measures

There are no Prescriptive Measures.

D3.2.5 Character and Design in Recreation Zones

Objectives

1. To ensure that caravan parks and camping grounds in Zone RE1 Public Recreation are compatible with the surrounding landscape and land uses, and with the character and amenity of development in the locality.

Performance Criteria

Caravan parks and camping grounds in Zone RE1 must be compatible in character and amenity with the character, landscape and land uses within the zone. The development must not create adverse environmental impacts in the surrounding landscape, or on development in the locality.

Prescriptive Measures

There are no Prescriptive Measures.

D3.3 Specific Provisions

D3.3.1 Backpackers’ Accommodation

Objectives

1. To ensure that backpackers’ accommodation development is compatible with the character and amenity of development in the locality.

2. To ensure that establishment and operation of backpackers’ accommodation development does not adversely affect the social and economic robustness, diversity and vitality of retail, business and community areas.

Performance Criteria

1. The design and operation of backpackers’ accommodation must be compatible with the streetscape and character of development in the locality.

2. Development applications must demonstrate that the proposed development will be consistent with the requirements of Chapter B11 Planning for Crime Prevention.

3. Development applications may need to be accompanied by a Social Impact Assessment prepared pursuant to Chapter B12 Social Impact Assessment, where applicable. The Social Impact Assessment must identify and take into account cumulative impacts of the proposed development, having regard to the scale, location and operation of other development, including other backpackers’ accommodation.

4. Accommodation areas must have access to an outdoor sitting area adequate for the proposed number of occupants, which must be adjacent to the general living or kitchen area and which must provide adequate access to winter sun and summer shade. The outdoor area may comprise part of a common access balcony.

Prescriptive Measures

There are no Prescriptive Measures.

D3.3.2 Bed and Breakfast Accommodation

Objectives

1. To ensure that the design and operation of bed and breakfast accommodation is compatible with the character of development in the locality.

Performance Criteria

1. The design and operation of bed and breakfast accommodation must be compatible with the streetscape and character of development in the locality.

2. The design and operation of bed and breakfast accommodation must not adversely affect the amenity of the precinct in which it is located.

3. The following additional criteria apply to bed and breakfast accommodation in Zones RU1 and RU2:

a) The development must be located and operated so that it does not adversely affect the conduct and productivity of agricultural operations on the site, or create potential for conflict with adjoining land uses. Determination of location and siting will depend on assessment of potential conflicts and buffer requirements pursuant to Chapter B6 Buffers and Minimising Land Use Conflict.

b) Development for the purpose of bed and breakfast accommodation must be designed and located to be compatible with the surrounding rural and natural landscape.

Prescriptive Measures

Bed and breakfast accommodation must:

a) contain no more than 5 bedrooms for the accommodation of guests;

b) accommodate no more than 10 guests;

c) require the owner and/or operator to be a permanent resident on the site;

d) offer at least breakfast for guests;

e) provide meals for residents and guests only;

f) contain no facilities (e.g. kitchen, sink and the like) in the rooms for preparation of food by guests;

g) be consistent with Council's requirements in relation to kitchen facilities, fire protection, acoustic control and the like;

h) provide car parking in accordance with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access;

i) in urban areas, incorporate and maintain landscaping provided in accordance with the requirements of Chapter B9 Landscaping;

j) be designed to ensure consistency with Chapter B6 Buffers and Minimising Land Use Conflict;

k) be designed to ensure consistency with Chapter B13 Access and Mobility and the relevant disabled access and sanitary/ bathroom facility requirements of the Building Code of Australia.

D3.3.3 Caravan Parks and Camping Grounds

Objectives

1. To ensure that the design and operation of caravan parks and camping grounds will meet the needs of users and will be compatible with the character of existing development in the locality.

Performance Criteria

1. The design of caravan parks and camping grounds must be compatible with the existing streetscape and character of the precinct in which they are located.

2. Caravan parks and camping grounds should be designed to avoid adverse effects on the amenity of the precinct in which they are located.

3. The proposed site must be suitable for the development of the caravan park or camping ground, having particular regard to the following principles:

a) steep slopes must be avoided because of drainage, slip and bushfire problems and potential damage to the environment;

b) parks must not disturb water courses and must not be located in low-lying areas with poor drainage, or on flood liable land;

c) existing vegetation and areas with ecological and conservation values must be protected;

d) sites which are difficult to landscape and integrate into the visual environment are unsuitable;

e) site layout and landscaping must break up or conceal the repetitive image of caravans and movable dwellings;

f) climatically and visually exposed sites such as headlands and ridges are unsuitable;

g) location adjacent to incompatible land uses is unacceptable;

h) sites must not form a barrier to adjacent public lands (e.g. foreshore areas);

i) sites that accommodate or are to accommodate long-term residents must have good access to appropriate services and facilities.

4. A minimum 10% of the total area of the caravan park or camping ground must be developed for recreation and communal activities. The recreation and communal activities area must not include any caravan site, campsite, roadway or land designated for any other purpose, but may be grassed and landscaped with trees and/ or other plants. A maximum 10% of the recreation area may be used as the site of a building devoted to recreation or communal activities that are appropriate to the proposed mix of occupants and users of the caravan park. Any such building must be integrated with the landscape and aesthetic characteristics of the site and the recreation area.

5. Development applications must demonstrate that the proposed development will be consistent with the requirements of Chapters B6 Buffers and Minimising Land Use Conflict, B9 Landscaping, B11 Planning for Crime Prevention and B13 Access and Mobility.

6. Development applications may need to be accompanied by a Social Impact Assessment prepared pursuant to Chapter B12 Social Impact Assessment, where applicable.

Prescriptive Measures

There are no Prescriptive Measures.

D3.3.4 Rural Tourist Accommodation and Farm Stay Accommodation

Objectives

1. To ensure that rural tourist accommodation does not detract from the rural and natural character of its locality.

2. To ensure that rural tourist accommodation does not adversely affect the conduct and productivity of agricultural operations on the site or nearby lands.

3. To facilitate and support the establishment of low scale farm tourism as a secondary business to primary production, where farm stay accommodation is proposed.

Performance Criteria

1. The development must be located and operated so that it does not:

a) adversely affect the conduct and productivity of agricultural operations on the site;

b) create potential for conflict with adjoining land uses;

c) disrupt environmental enhancement projects on the land; and

d) impact on the ecological or environmental values of the land; and

e) conflict with buffer requirements pursuant to Chapter B6 Buffers and Minimising Land Use Conflict.

2. Rural tourist accommodation must be designed and located to be compatible with the surrounding rural and natural landscape. Where new buildings are proposed to be constructed for the purpose of rural tourist accommodation such buildings are to be clustered and located in proximity to the primary dwelling house on the lot.

3. The development is to be low scale and designed and located to be compatible with the surrounding rural environment and of minimal environmental impact.

4. Car parking for guests must be provided in accordance with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access.

5. Provision of recycling and waste management facilities must be in accordance with Chapter B8 Waste Minimisation and Management.

6. The development must observe the road and boundary 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).

7. Rural tourist accommodation to be suitably sited in accordance with the requirements of Chapter C3 Visually Prominent Sites, Visually Prominent Development & View Sharing.

Prescriptive Measures

1. Rural tourist accommodation can incorporate up to 12 bedrooms collectively and accommodate a maximum of 2 persons per bedroom, with overall accommodation densities in accordance with Table D3.1 below:

Table D3.1 – Density of Rural Tourist Accommodation

Land Size	Max Number of Bedrooms
0 – 3 ha	3
1 additional bedroom for every 1.5 ha to a maximum of 12 bedrooms
20 ha or greater	12

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

a) Each rural tourist accommodation structure is to have a gross floor area not more than 60 m² comprising a maximum of two (2) bedrooms, a kitchenette and bathroom/ toilet amenities. Rural tourist accommodation is to open up onto outdoor recreation/living areas with access to winter sun and summer shade, and where possible orientated to take advantage of views of the surrounding hinterland, rural landscapes, the Pacific Ocean and/or other natural features.

b) All weather car parking must be provided on-site in accordance with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access. The paving of car parking areas is not encouraged (except where roads need to be on more steeply sloping lands), rather these areas should be a pervious surface such as hailstone or gravel or other forms of permeable paving to an all-weather standard to ameliorate stormwater runoff.

c) Provide external pedestrian access between buildings and facilities associated with the development, including car parking. The access must comprise connecting pathways or access balconies with an all-weather surface and must be integrated with the overall landscape plan for the development. Where feasible, access pathways between buildings and parking areas should be covered to provide weather protection.

d) Be designed and constructed to minimise noise and vibration impacts on occupants of adjoining or nearby dwellings or buildings.

e) A landscape plan to be submitted with the application in accordance with Chapter B9 Landscaping. The plan to incorporate adequate landscaping and screen plantings when viewed from a public road or a dwelling on other land in the locality, and for privacy between rural tourist accommodation structures.

f) Be located so that it may benefit from existing road and physical infrastructure.

g) One of the bedrooms within the rural tourist accommodation structure must have disabled access.

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

i) adequate separation distances are incorporated to minimise the potential for land use conflict between the proposed rural tourist facility and existing or potential conflicting land uses such as intensive agriculture, quarries, animal establishments, on adjoining or adjacent land in accordance with Chapter B6 Buffers and Minimising Land Use Conflict;

ii) all rural tourist accommodation is to be located on land having either a North, Northwest,/Northeast or Easterly aspect to maximise solar energy collection and minimise energy use;

iii) rural tourist accommodation is to be arranged in a ‘cluster’ pattern and located on average no further than 80 metres apart with adequate vegetation screening between for privacy and amenity purposes;

iv) on-site sewage management to be designed in accordance with Chapter B3 Services;

v) it is located and operated so that it does not adversely affect the conduct and productivity of agricultural operations on the site. Determination of location and siting will depend on assessment of potential conflicts and buffer requirements pursuant to Chapter B6 Buffers and Minimising Land Use Conflict.

3. All development applications for farm stay accommodation to include suitable details demonstrating that the accommodation is secondary to farming activity on the land.

4. Night time lighting for outdoor recreational facilities such as tennis courts or sporting facilities is prohibited. All other external lighting should be limited to protect the dark night sky and the rural atmosphere of the locality (e.g. lighting located around pool areas).

D3.3.5 Eco-Tourist Facility

Objectives

1. To facilitate and support the establishment of low scale nature based tourism.

2. To ensure that the size and scale of eco-tourist facilities are consistent with the goal of protecting and enhancing the natural environment or scenic amenity of the locality.

3. To ensure that eco-tourist facilities are sympathetically designed and sited such that the development does not impinge on the amenity or agricultural productivity of adjoining properties.

Performance Criteria

1. The development must be located and operated so that it does not:

a) adversely affect the conduct and productivity of agricultural operations on the site;

b) create potential for conflict with adjoining land uses;

c) disrupt environmental enhancement projects on the land;

d) impact on the ecological or environmental values of the land;

e) impact upon the scenic qualities of the landscape;

f) conflict with buffer requirements pursuant to Chapter B6 Buffers and Minimising Land Use Conflict.

2. The development is to be low scale and designed and located to be compatible with the surrounding rural environment and of minimal environmental impact.

3. Car parking for guests must be provided in accordance with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access. Provision of recycling and waste management facilities must be in accordance with Chapter B8 Waste Minimisation and Management.

4. The development must observe the road and boundary 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).

5. The development is to be suitably sited in accordance with the requirements of Chapter C3 Visually Prominent Sites, Visually Prominent Development & View Sharing.

Prescriptive Measures

1. To ensure the development respects the environmental values of the land and is sensitively located, the density of accommodation to be provided is as follows:

Table D3.3 – Density of Ecotourism Accommodation

Land Size	Max Number of Bedrooms
0 – 3 ha	3
1 additional bedroom for every 1.5 ha to a maximum of 12 bedrooms
20 ha or greater	12

2. In the event that free standing buildings or structures are proposed, the prescriptive measures for rural tourist accommodation in Section D3.3.4 (Prescriptive Measure 2) apply.

3. In the event that camping sites are proposed the performance criteria in Section D3.3.3 for caravan parks and camping grounds apply.

4. In the event that a purpose-built building is constructed or an existing building is converted into guest accommodation, such a building is to have a gross floor area not exceeding 40 m² per bedroom.

5. A plan for the environmental repair and enhancement of the property (i.e. a vegetation management plan or biodiversity conservation management plan) should be submitted with any application. Works can incorporate a mixture of weed removal and/or tree planting dependant upon the environmental and ecological qualities and features of the property.

6. A water management plan shall be submitted with the development application demonstrating how rain water is to be harvested from the roofs of buildings or other sources and stored in tanks for use. Potable Water is to be stored and distributed in accordance with the Private Water Supply Guidelines prepared by NSW Health.

7. Where possible, power shall be provided by renewable sources including wind and solar generators. Details to be submitted with the application.

8. A waste management plan shall be submitted with the development application which sets out as a minimum, measures to separate and dispose of green waste, paper and cardboard, glass bottles, metal cans, plastics, and putrescible waste.

9. A demonstrated connection between the development and the ecological, environmental, or cultural values of the site or area must include that the site or area is not more than 1km from the development and that it is accessible to visitors so they can experience it in a tangible way.

D3.3.6 Hotel or Motel Accommodation

Objectives

1. To ensure that hotel or motel accommodation development is compatible with the character and amenity of development in the locality.

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

Performance Criteria

1. The design and operation of hotel or motel accommodation must be compatible with the streetscape and character of development in the locality.

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

3. Hotel or motel accommodation development must not adversely affect the amenity of the precinct in which it is located. Development applications may need to be accompanied by a Social Impact Assessment prepared pursuant to Chapter B12 Social Impact Assessment, where applicable.

4. External pedestrian access must be provided between accommodation units and other facilities associated with the development, including car parking. The access must comprise covered connecting pathways or access balconies with an all-weather surface and must be integrated with the overall landscape plan for the development.

5. Motels must incorporate eating and living areas and facilities, together with outdoor recreation/ living areas with access to winter sun and summer shade. They may also include self-contained cooking facilities.

6. Development must be designed and constructed to minimise noise and vibration impacts on occupants of adjoining or nearby dwellings or buildings.

Prescriptive Measures

There are no Prescriptive Measures.

D3.3.7 Serviced Apartments

Objectives

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

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

Performance Criteria

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

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

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

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

Prescriptive Measures

There are no Prescriptive Measures.

Note: This landscaping does not relate well to the building scale.

Note: This landscape relates to the building scale and assists integration of the building into the street.

Figure B9.2 – Landscaping relative to building scale

7. Plant species are selected for long-term survival, minimal maintenance and visual interest

Plant species used in landscaping must:

a) be suited to prevailing site conditions (such as soil characteristics, sun, shade, wind, rainfall and drainage regimes) and require minimal maintenance;

b) be hardy and long-lived;

c) be predominantly locally indigenous species (sourced from the local area wherever practicable), in preference to exotic plant species;

d) provide on-going visual interest through form, colour, texture, floral display and the like.

8. Landscaping improves the microclimate in and around buildings and enhances the function of outdoor living spaces

Landscaping must provide year-round shade, shelter and amenity to outdoor living areas and help to define the function of different outdoor spaces.

9. Landscaping of public and semi-public areas provides clearly defined pedestrian pathways and assists with way-finding

The landscape design of public areas and semi-public spaces such as car parking areas and the frontages of commercial and industrial buildings must incorporate:

a) pedestrian pathways that have a different surface finish to, and are clearly differentiated from, driveways and vehicular movement areas;

b) planting or other design elements that help drivers and pedestrians locate the main entry/ exit points into the site;

c) planting or other design elements that assist pedestrians find their way around the development safely and locate the main entry/exit points into the building(s).

10. Adequate landscape buffers are provided between incompatible landuses

Where the proposed development has the potential to impact upon the amenity of adjoining development, vegetative buffers are required to provide dense screening along the boundary of the proposed development.

11. Landscaping complies with bushfire protection requirements

Where the proposed development is located on land mapped as Bushfire Prone Land, landscaping around proposed buildings must comply with the current legislative requirements of the Rural Fires Act, 1997 in regards to measures required to protect the proposed development from bushfires.

Further standards for landscape design specific to different types of development (e.g. multi-dwelling housing, business or industrial development) are included in the relevant Sections below.

Prescriptive Measures

There are no Prescriptive Measures.

B9.4 Multi Dwelling Housing, Attached Dwellings and Residential Flat Buildings

B9.4.1 Landscape Principles

Objectives

1. To ensure a high quality landscape and aesthetic environment for multi dwelling housing, attached dwellings and residential flat buildings.

Performance Criteria

Multi dwelling housing, attached dwellings and residential flat buildings shall provide a high quality landscape that seeks to enhance the amenity and function of the development and provide a pleasant environment for residents that supports their physical and psychological well-being.

Prescriptive Measures

1. The following design requirements apply to multi dwelling housing, attached dwellings and residential flat buildings developments:

a) retention of suitable existing vegetation;

b) screen planting to street frontages and driveway areas, to provide privacy between dwelling houses and around the boundaries of the site;

c) provision of pleasant landscaped settings for the enjoyment of residents;

d) planting selection that relates to building scale and mass.

2. The common landscaped area of the site must not be less than the total of the areas required for each dwelling house, calculated from the following table, less the total of the areas of approved private courtyards and approved private open space balconies in accordance with Chapter D1 Residential Accommodation in Urban, Village and Special Purpose Zones.

Table B9.1 – Dwelling Size to Landscape Area

Dwelling^(D) Size	Landscaped Area^(D)
Small (under 55 m² in floor plan area^(D))	50 m²
Medium (55-85 m² in floor plan area^(D))	70 m²
Large (over 85 m² in floor plan area^(D))	90 m²

B9.4.2 Common Landscaped Area

Objectives

1. To ensure appropriate treatment of common landscaped areas.

Performance Criteria

1. Landscaped areas and landscaping must be considered as components of the site planning process and must reflect the scale of development.

2. Landscaping must complement existing streetscapes, urban landscape and bushland, and must be in scale with the height and bulk of buildings. Landscaping must be sensitive to site attributes such as existing landscape features, streetscape, ecology, land capability, micro-climate, views and vistas.

3. Development must be designed to maximise the number of trees retained on the site.

Prescriptive Measures

1. The common landscaped area of the site must be in accordance with Section B9.4.1.

2. A minimum of 75% of the total common landscaped area of the site must consist of deep soil areas. Areas of landscaping over underground car parks, and the like, cannot be included in the calculation of deep soil areas.

3. The landscape design must address:

a) the retention and provision of appropriate trees on the site;

b) the use of earth mounding and terraced areas to create useful and visually pleasing recreation areas and to assist screening;

c) the orientation of landscape areas with regard to sunlight and prevailing winds;

d) the provision of sufficient areas adequately shaded against the summer sun and giving adequate access to the winter sun.

4. Areas used for the management of on-site sewage effluent must be excluded from calculations of the common landscaped area.

B9.5 Dual Occupancies and Semi Detached Dwellings

B9.5.1 Landscape Principles

Objectives

1. To ensure a high quality landscape and aesthetic environment for dual occupancies, and semi detached dwellings.

Performance Criteria

Dual occupancies and semi detached dwellings shall provide a high quality landscape that seeks to enhance the amenity and function of the development and provide a pleasant environment for residents that supports their physical and psychological well-being.

Prescriptive Measures

1. The following design requirements apply to dual occupancies, and semi detached dwellings developments:

a) retention of suitable existing vegetation;

b) screen planting to street frontages and driveway areas, to provide privacy between dwelling houses and around the boundaries of the site;

c) provision of pleasant landscaped settings for the enjoyment of residents;

d) planting selection that relates to building scale and mass.

2. Each dwelling must have a minimum landscaped area of 90m2, excluding any area used for vehicle circulation or parking. At least 25% of the site must consist of deep soil areas.

B9.6 Tourist and Visitor Accommodation, Caravan Parks, Camping Grounds and Eco-tourist Facilities

B9.6.1 Landscaping of Tourist and Visitor Accommodation (excluding bed and breakfast and farmstay accommodation)

Objectives

1. To ensure that tourist and visitor accommodation (excluding farmstay and bed and breakfast) provide useable outdoor areas that improve the amenity of the locality and visual appearance of the development.

Performance Criteria

The following design guidelines apply to tourist and visitor accommodation (excluding farmstay and bed and breakfast):

a) retention of suitable existing vegetation;

b) creation of a pleasant landscaped environment for customers;

c) planting selection which can endure an intensively used environment;

d) planting selection which relates to building proportions;

e) embellishment and landscaping of the street and footpath area to integrate the development with the pedestrian network and to provide shade. (See B9.11.1)

Prescriptive Measures`

1. A minimum 10% of the site area must be dedicated to landscaping of tourist and visitor accommodation developments (excluding farmstay and bed and breakfast). Landscaped areas can be used for pedestrian access provided porous paving is utilised.

2. Screen and shade planting to car parking and driveway areas as required under B9.8.1 Screening is also required to visually obtrusive facades of the building. For effective landscaping a minimum garden bed width of 2 metres may be required for the front boundary (this will not be appropriate for all design layouts).

B9.6.2 Landscaping of Caravan Parks, Camping Grounds and Eco-tourist Facilities

Objectives

1. To ensure that caravan parks and camping grounds provide useable outdoor areas that improve the amenity of the locality and visual appearance of the development.

2. To ensure that eco-tourist facilities blend into their natural setting with minimal impact, while still providing a landscaped environment that improves the biodiversity of the locality without exacerbating bushfire risk.

Performance Criteria

1. The following design guidelines apply to camping grounds and caravan parks:

a) retention of suitable existing vegetation;

b) creation of a pleasant landscaped environment for customers;

c) planting selection which can endure an intensively used environment;

d) planting selection which relates to building proportions;

e) landscaping that provides for privacy balanced with crime prevention;

f) landscaping that is responsive to bushfire hazards.

2. The following design guidelines apply to eco-tourist facilities:

a) retention of suitable existing vegetation;

b) landscaping that minimises visual impacts of the development;

c) landscaping that minimises bushfire hazard;

d) planting selection that is locally indigenous to locality and improves biodiversity where possible.

Prescriptive Measures

There are no Prescriptive Measures.

B9.7 Commercial and Retail Development

Objectives

1. To enhance the built form of commercial and retail areas.

Performance Criteria

1. Retain existing vegetation where appropriate;

2. Where possible, provide street trees and/or plantings;

3. For stand-alone large scale retail or commercial development, provide suitable landscaping to visually soften the hard stand features of the built environment.

Prescriptive Measures

For stand-alone large scale retail or commercial development, a minimum 10% of the site area must be dedicated to landscaping.

B9.8 Industrial Development

B9.8.1 Industrial Landscaping

Objectives

1. To enhance the appearance, climatic conditions and character of industrial areas.

Performance Criteria

Industrial development is potentially the most visually unattractive form of development in the Shire, particularly due to building type, use and size. Effective landscaping can reduce the visual impacts of such development and create a unifying element in the streetscape.

The following criteria apply to industrial developments:

a) Screen planting at the rear and sides of industrial buildings, particularly where the development is located on the edge of industrial areas and abuts non-industrial lands;

b) Retention of suitable existing vegetation;

c) Screen planting to street frontages, adjacent to car parking and driveway areas, around the boundaries of the site and to visually intrusive facades of the building;

d) Planting selection and design which is low maintenance and can endure an intensively used environment;

e) Planting selection which relates to building scale and mass;

f) Minimal use of concrete in landscaped areas;

g) Use porous paving where appropriate.

Prescriptive Measures

The following design criteria apply to industrial developments:

1. For effective landscaping a minimum garden bed width of 2 metres is required for the front boundary. The garden bed must contain low shrubs and ground covers and clear trunked canopy shade trees with a minimum spacing of 6m between each tree;

2. At least 80% of the planting of industrial sites is to be at the front of the site.

B9.9 Car Parking and Open Storage Areas

B9.9.1 Landscaping Of Car Parking and Open Storage Areas

Objectives

1. To enhance the built form, provide shade and assist in screening car parking and open storage areas.

Performance Criteria

1. Planting in car parks reduces the harsh visual effect created by open concrete and asphalt areas and provides shade and wind protection. The landscape design should be an integral part of car park design and layout. The design can incorporate shade tree planting throughout the car park and dense planting, mounding, walling and fencing on boundaries to provide screening.

Figure B9.3 – Landscaping breaks up the hard stand/car park area

Figure B9.4 – Planting in car parks

Prescriptive Measures

1. In commercial and industrial parking areas and in open storage areas, shade trees shall:

a) be provided at the rate of 1 tree to shade every 2-5 parking spaces and aim to provide adequate shade cover after five (5) years or less;

b) have high spreading branches;

c) have a low attraction to bird species;

d) be provided in garden beds of minimum width 2m.

Figure B9.5 – Planting of commercial and industrial car parks

2. Use smooth-barked trees, shrubs to 1m and ground covers for maximum visibility and surveillance.

3. The following design guidelines apply to car parks:

a) retention of suitable existing vegetation;

b) screen planting to street frontages and around the boundaries of the site;

c) buffer planting to adjacent land uses;

d) planting of shade trees throughout the car park (landscape works in the car park should aim to provide adequate shade cover after 5 years);

e) Shade trees are to be selected on the basis of those species which are not prone to limb drop or other risks that may cause damage to cars;

f) separation and definition of pedestrian and vehicular circulation routes;

g) for effective landscaping, a minimum garden bed width of 2 metres is required for the front boundary;

h) use of porous paving for parking bays and driveways where appropriate.

B9.10 Cycleways, Pedestrian Routes, Drainage and Watercourses

B9.10.1 Landscaping of Cycleways and Pedestrian Routes

Objectives

1. To maximise natural characteristics and promote safety within cycleways and pedestrian routes.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

1. Landscaping along pedestrian and cycle routes shall consist of clear trunked trees, shrubs to 1 metre height and groundcovers to allow for maximum visibility and surveillance.

Figure B9.6 – Surveillance for pedestrians and cyclists to provide security

B9.10.2 Drainage and Watercourses

Objectives

1. To promote ecological diversity and to maximise aesthetic values of drainage lines and watercourses.

Performance Criteria

1. The natural vegetation associated with rivers, streams and creeks forms the riverine and creek community. This vegetation can provide vital corridors for fauna and genetic links between remnant patches of forest. It also assists in maintaining high water quality and stream stability values.

Figure B9.7 – Example of Natural vegetation alongside watercourses

2. Development adjacent to rivers and creeks can degrade the function of these communities and careful landscape design is warranted. Planting should consist of locally indigenous species to reinforce ecological functions, and be tolerant of occasional inundation. It is important not to plant weed species along waterways as the river system will further distribute the unwanted species.

3. The following landscape design principles apply to areas adjoining watercourses and drainage lines:

a) retention of suitable existing vegetation;

b) rehabilitation of degraded areas and removal of weed infestation;

c) replanting of species which are indigenous to the area, tolerant of possible inundation and not likely to cause a weed problem;

d) landscape solutions for drainage lines, particularly in urban areas, which promote:

i. the utilisation of natural materials and natural feature solutions as an alternative to traditionally hard and unattractive open concrete drains;

ii. integration of engineering and landscape solutions for stormwater management;

iii. on steep land, swales and contour banks to reduce the detrimental effects of overland flow.

Prescriptive Measures

There are no Prescriptive Measures.

Figure B9.8 – Example of drainage line that encourages the use of natural materials.

Note: Planting species should be tolerant of inundation and not likely to create a weed problem.

B9.11 Street Trees in Subdivision and Developments

Street trees contribute to the identity of the Shire through the provision of pleasant streetscapes and planting themes. The character or theme in residential and commercial areas can be enhanced by the selection of street trees.

B9.11.1 Design and Selection of Street Trees

Objectives

1. To promote ecological diversity and landscape character in the Shire’s streets.

Performance Criteria

1. Native species, (preferably locally indigenous species), must be used as street trees in association with subdivision and development to preserve and enhance the natural character of the Shire. In addition, the retention and featuring of existing vegetation within the road reserve may provide a suitable established landscaped streetscape. Careful consideration is required in the location and choice of street trees, with particular attention to:

a) services and infrastructure (both underground and overhead),

b) sight lines at intersections, and

c) pedestrian and cycleway movements.

Figure B9.9 – Street trees that allow pedestrian movement

2. For multi dwelling housing, attached dwellings, residential flat buildings and commercial development the embellishment of the road reserve with street trees will be considered on merit and dependant upon existing street trees, width of the road frontage and size of the development. The Landscape Concept Plan prepared for the development needs to consider street trees and other landscaping of the road reserve as an integral part of the development.

3. The design of the planted area for street trees should encourage passive watering from the road and footpath surface and incorporate the principles of water sensitive urban design.

For design and technical guidelines refer to the Landcom Street Tree Design Guidelines available on the internet.

Prescriptive Measures

1. Street trees should be chosen for their:

a) non-invasive root systems;

b) good canopy spread and shade provision;

c) mature height growth nature (under 10m in height)

d) colour and appeal;

e) low maintenance requirements;

f) suitability for soil type and drainage conditions.

2. Street trees provided as part of a new development must be a minimum of 45 litres in size to provide an early established character to the development. In some circumstances the use of root barriers will be required when planting trees close to kerbs, buildings and other structures under the possible threat of root damage.

3. A minimum of one street tree per 15 metres of residential lot street frontage with a minimum canopy diameter of 8 metres at maturity to be provided for new subdivisions.

B9.12 Landscape Design Considerations

B9.12.1 Underground Car Parks

Objectives

1. To prevent adverse visual impacts from ventilation shafts and grilles.

Performance Criteria

Ventilation openings in underground car parking structures must be carefully integrated into the landscape. Ventilator shafts or grilles must be positioned so that they are screened from view, yet still function effectively.

Prescriptive Measures

There are no Prescriptive Measures.

B9.12.2 Roof Decks and Balconies

Objectives

1. To enhance the visual amenity and appearance of rooftops and balconies.

Performance Criteria

1. Rooftop and balcony planting (or vertical landscaping) is to be used on the upper levels of higher buildings to:

a) promote a more attractive facade for multi-level buildings;

b) soften the bulk of the building;

c) graduate the height of the building with planting;

d) increase privacy between upper level balconies and dwelling houses;

e) provide a subtropical ambience for buildings.

2. Where planter bays or landscape beds are proposed applicants are directed to the minimum landscaping provisions under the Residential Design Flat Code (Planning NSW) – Planting on Structures for depth and dimensions of planter bays and volume of soil required.

3. Roof decks must be so designed and constructed as to be structurally capable of carrying a sufficient volume of topsoil to allow development of a planting program integrated with landscape development on other parts of the site.

Prescriptive Measures

There are no Prescriptive Measures.

B9.12.3 Climate and Microclimate

Objectives

1. To ensure that the design of developments and landscaped areas addresses the climatic characteristics of the area and the microclimate of the site.

Performance Criteria

1. Landscaping should be designed to enhance and reinforce positive climatic influences and minimise the impact of adverse climatic features.

2. A site's microclimate is directly affected by a combination of the prevailing climatic conditions, the site's aspect (i.e. the direction it faces), the topography, the vegetation and the structures. With due consideration to the prevailing weather conditions, landscaping can effectively control climatic impacts on buildings and outdoor spaces.

Microclimate control aspects of landscaping must be designed to maximise the opportunity to create a comfortable environment. Landscape design must take into account the placement of evergreen and deciduous species to ensure winter sun penetration and summer shade to buildings and outdoor open space/ recreation areas. In particular:

a) consider shade and canopy spread of trees when locating planting in design;

b) deciduous vegetation to the north of the block provides summer shade and allows winter sun;

c) vegetation on the western side of the block assists in control of afternoon sun;

d) evergreen vegetation should be planted on the eastern, western and southern sides of the block to provide summer shade and to deflect cold winter winds.

Prescriptive Measures

In summer the western elevations of buildings should be protected from the afternoon sun with trees of suitable mature height.

B9.12.4 Existing Vegetation

Objectives

1. To promote ecological sustainability and to optimise aesthetic character by maximising retention of existing vegetation.

Performance Criteria

1. Landscaping should retain, protect and enhance existing natural vegetation.

2. Vegetation retention must be considered at the initial stages of development design. Buildings, roads, parkland, or other components of a development must be located to retain maximum vegetation on a site. Design intent is important in the protection of significant vegetation.

3. Maximum advantage should be taken of existing mature trees and shrubs on the site and these should be incorporated into the overall landscape strategy. The retention of vegetation on a development site adds an “established” effect and an immediate vertical dimension to the design. Existing vegetation also assists in the retention of the natural character of the Shire and has ecological benefits. In addition, existing vegetation on a site may be significant for historical, aesthetic or environmental reasons and may be required to be retained by Council provisions.

4. Provision must be made in the design for the protection of existing vegetation during construction works – for example, fencing barriers and appropriate signage should be provided. Particular effort must be made to protect the root zone of those trees to be retained, by avoiding compaction of this area by construction vehicles, and by ensuring that any stockpiling of materials occurs well away from the drip line of the tree.

5. The effective use of vegetation on a site can also substantially reduce the landscaping costs of a development and should be considered in the design process.

Figure B9.10 – Retention of suitable vegetation is encouraged

Prescriptive Measures

There are no Prescriptive Measures.

B9.12.5 Planting Size, Density and Species

Objectives

1. To ensure that landscape and planting design is compatible with the scale and character of the proposed development.

2. To ensure that the density of landscaping and planting is compatible with the long term and short term character of the proposed development.

3. To promote a landscape character in the Shire which is based on locally indigenous plant species and the natural, subtropical environment of the area.

4. To promote sustainability through the provision of edible species in appropriate locations.

Performance Criteria

1. The selected planting size, density and species is dependent upon a number of factors, including the scale and nature of the project, availability of planting stock and particular requirements specified in conditions in a development consent. In many cases follow-up planting is advantageous once initial planting is established.

2. The landscape plan needs to address size, density and species composition consistent with best practice landscape architecture or landscape design principles.

Prescriptive Measures

1. The following planting sizes are the minimum required to achieve an initial impact in the landscape design:

a) street and feature trees: 45 litre minimum

b) trees: 300mm minimum pot size

c) large shrubs: 200mm minimum pot size

d) groundcovers: 140mm minimum pot size

2. A minimum of 90% of all plants used shall be locally indigenous. These species are listed in the Native Species Planting Guide to Byron Shire which can be found on Council’s website.

3. No species listed as undesirable in Chapter B2 Preservation of Trees and Other Vegetation shall be used in landscaping on any site.

4. Species listed as threatened species under the Threatened Species Conservation Act 1995 should not be used for landscaping purposes unless the genetic provenance can be demonstrated in terms of locally sourced seed stock.

5. In new developments, consideration will be given to the provision of dedicated areas for the growing of vegetables, fruit trees and other edible species as part of the landscaped areas.

B9.13 Landscape Works and Maintenance

B9.13.1 Landscape Construction Works

Objectives

1. To ensure the viability and survival of landscape and planting works.

2. To ensure survival and ongoing functioning of landscaping and planting.

Performance Criteria

Landscape areas shall be constructed and maintained in accordance with best practice landscape architecture or landscape design principles.

Prescriptive Measures

There are no Prescriptive Measures.

Document History

Doc No.	Date Amended	Details (e.g. Resolution No.)
#E2014/4221	20 March 2014	Res 14-118 - Public exhibition version
#E2014/32914		Draft to 26 June 2014 Extraordinary Meeting - for adoption
#E2014/43143	26 June 2014	Adopted Version - Res 14-315.
#E2017/67065	22 June 2017	Adopted 22 June 2017 Effective 20 July 2017 – Res 17-273 – amended D1.4.1, Point 3
#E2018/27310	22 March 2018	Adopted 22 March 2018 Effective 12 April 2018 – Res 18-130 ‘Housekeeping’ amendment (various chapters).
#E2019/29404	April 2019	Public Exhibition version (Res 19-091) 24.2018.65.1
#E2019/29404	July 2019	New revision for adoption at 15 August 2019 planning meeting

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D1.1 Introduction

Byron Shire is one of the most desirable residential locations in New South Wales, as much for its unique natural environment as for its lifestyle and climate attractions. The form of the built environment and its relationship to the natural environment will remain crucial factors in determining the future character and attractiveness of the Shire.

Byron Shire Council recognises the need to plan for and control the form of residential development. Such development will need to be in harmony with its surroundings, both natural and constructed, and enhance the physical context valued by the local community and by the Shire's increasing number of visitors.

Council also recognises that there is a growing diversity in residential needs, reflecting changing household types and incomes, lifestyles and recreational pursuits. It is aware of the need to promote a higher quality of design within a more cost-efficient development framework.

This Chapter complements the provisions of Byron LEP 2014. The aim has been to develop controls that provide flexibility to promote innovative and imaginative building forms, whilst ensuring development outcomes are consistent with the character of the Shire and its urban and rural towns, villages, localities and precincts. Building forms need to be related to each other and to their surroundings by careful attention to design, orientation, forms, scale, materials and landscaping.

D1.1.1 Aims of this Chapter

The Aims of this Chapter are:

1. To implement and expand on the provisions of Byron LEP 2014 relating to residential development.

2. To promote a high standard of design for residential development that is sensitive to and enhances the natural and physical environment and the social fabric particular to Byron Shire.

3. To accommodate a variety of residential forms and dwelling sizes to reflect the growing diversity of household types, sizes, incomes, lifestyles and needs.

4. To promote energy efficiency and consideration of the Shire’s climatic characteristics in the design process.

5. Where possible, to limit potential for additional traffic on the road system and to reduce car dependence through facilitation of public transport, cycling and walking.

D1.1.2 Application of this Chapter

This Chapter specifies the controls that apply to Development Applications seeking consent for various forms of residential accommodation development that is located in Residential, Village, Mixed Use, Business, Industrial and Special Purpose zones throughout the Shire, ie Zone Nos. R2, R3, R5, RU5, B1, B2, B4, B7, IN1, IN2, SP1, SP2 and SP3.

The types of residential development to which this Chapter applies include the following:

1. Attached dwellings

2. Dual occupancies

3. Dwelling houses

4. Expanded houses

5. Multi dwelling housing

6. Residential flat buildings

7. Secondary dwellings

8. Semi-detached dwellings

9. Shop top housing

10. Studios

The definitions of those various housing types are contained in the Byron LEP 2014 Dictionary, or in the Dictionary contained in Part A (Appendix A1) of this DCP. The provisions in this Chapter supplement those provisions of Byron LEP 2014 that apply to residential development.

This Chapter does not apply to residential accommodation development in Rural Zones, or to tourist and visitor accommodation – those forms of development are addressed in Chapters D2 Residential Accommodation and Ancillary Development in Rural Zones and D3 Tourist Accommodation, respectively.

D1.2 General Provisions

D1.2.1 Building Height Plane

Objectives

1. To ensure that residential development is designed to minimise impacts on solar access and privacy on adjoining properties, and on the views from adjacent existing buildings.

2. To ensure that the occupants of the building or buildings will enjoy the optimum use of winter sunlight and summer shade.

Performance Criteria

1. Developments must be set back progressively from the site boundaries as height increases so that they do not adversely affect existing or future development on adjoining properties by way of overshadowing, impinging on privacy or obstructing views.

2. Developments must be designed so that they will promote energy efficiency and so that residents may enjoy optimum use of winter sunlight and summer shade.

3. Development applications must demonstrate that the windows of living areas (decks, living rooms, bedrooms, kitchens, etc.) of development on adjoining properties will, as a minimum, retain full solar access between the hours of 9.00am to 3.00pm on any day.

Prescriptive Measures

1. The building height plane in combination with boundary setbacks prescribed in this DCP, and building height prescribed in the Byron LEP 2014, form the maximum building envelope for all residential development other than for shop top housing and ancillary dwellings in Zones IN1, IN2 and B7.

2. An exemption from the building height plane may be considered in relation to one or more boundaries in the following circumstances:

a) where the floor level is required to be above ground level to comply with Council’s requirements for flood protection; or

b) for the zero lot line boundaries of semi-detached dwellings and attached dwellings; or

c) in circumstances referred to in Prescriptive Measure 2. of Section D1.2.2.

D1.2.2 Setbacks from Boundaries

Objectives

1. To achieve varied and interesting streets that complement and harmonise with existing and planned streetscapes and development in the locality.

2. To achieve good orientation and spacing of residential developments that achieve high quality living environments relative to sunlight, shade, wind and weather protection, residential amenity and proximity of neighbouring development.

3. To achieve effective use of allotments to create useable and liveable private open space and courtyards.

4. To provide flexibility in siting and design of dwelling house development in urban residential areas.

5. To ensure that development in residential areas seeks to minimise any negative impacts on neighbours caused by siting.

Performance Criteria

1. Setback requirements may be flexible provided they are demonstrated to achieve the above Objectives and Performance Criteria.

2. The street façade of a building, and any open space between it and the street must contribute to the general attractiveness of the streetscape by means of good design, appropriate materials and effective landscaping. A reasonable degree of integration with the existing pattern of setbacks must be balanced with the need to provide variety in the streetscape.

3. Private open space and common landscaped areas of the site must be useable as part of the living environment available for the occupants of the development. Council will discourage the provision of bare spaces between buildings and the street which are unusable because they lack privacy, or because they are inappropriately planned or treated for climate control.

4. The setback from a street frontage for a building that is part of a residential development will be determined on its merits, having regard to:

a) the Objectives;

b) any provisions of this DCP applying to the specific location;

c) the position of any existing buildings in the locality;

d) the size and shape of the allotment;

e) the effect on vehicular safety and visibility, particularly on corner sites;

f) the orientation of the allotment and the proposed dwelling with regard to the sun and prevailing winds;

g) the proposed location of any private open space, courtyard or landscaped areas;

h) the facade of the proposed building or buildings which will face the street and the proposed landscape treatment of that part of the allotment which is visible from the street;

i) the location and treatment of any car parking areas or car parking structures on the site.

5. Notwithstanding any of the above criteria, buildings must comply with the building height plane as detailed in Section D1.2.1.

6. Dwelling house development may be permitted to encroach into the side setback and building height plane where it enhances the design of buildings, complements the streetscape and does not adversely affect privacy, solar access, microclimate, traffic safety or amenity of adjoining development.

7. When considering applications for variations to minimum setbacks nominated below in the Prescriptive Measures, Council will have regard to:

a) the Objectives;

b) compliance with the Performance Criteria;

c) the visual impact of the variation on the streetscape;

d) the impact of the variation on the amenity, privacy, views and access of surrounding properties;

e) the existing and future status of the road;

f) potential traffic impacts and required sight lines as per AS2890; and

g) compliance with the Building Code of Australia.

8. The Development must seek to minimize any impacts on neighbouring properties through considerate siting and design

Figure D1.1 – Setbacks

Prescriptive Measures

Strict compliance with the following minimum setback prescriptive measures will not necessarily be sufficient by itself to meet the Objectives.

1. Minimum Street Frontage Setbacks

a) Local Roads - A minimum setback of 4.5 metres must be maintained from the primary front boundary.

b) Classified roads- A minimum setback of 9 metres applies to these roads from the primary front boundary. A variation to 6.5 metres may be sought for single storey dwellings or single storey elements of two storey dwellings. (NB. The provisions under SEPP Infrastructure 2007 apply to such developments)

c) Garages and carports are to be set back 5.5m from the front boundary except from classified roads where the setbacks under (b) are to apply.

d) Corner allotments on local or secondary roads - setbacks may be reduced to 3m on one frontage.

e) Rear Lane or unformed roads - 3 metres, unless it is the primary frontage to the development (eg. Shirley Lane, Byron Bay) in which case a setback of 4.5 metres applies including to garages and carports. Consideration may be given to setback variations in Heritage Conservation Areas where strict compliance with these provisions would result in conflict with the Chapter and Section Objectives specified in Chapter C1 Non-Indigenous Heritage.

No development is permitted within the building setbacks other than garbage storage facilities, mail boxes, landscaping and driveways. Car parking must not be provided within setbacks, other than informal parking within the driveway (i.e. parking not required by the DCP). Stacked car parking is not permitted within setbacks.

2. Minimum Side and Rear Boundary Setbacks

a) Side and rear setbacks are to be a minimum 900mm, with all dwellings also complying with the requirements of the building height plane.

b) In urban residential areas, Council may consent to the construction of one or more building walls set back less than 900mm from a side or rear boundary, such that the building/s cannot comply with the building height plane, where:

i) such wall or walls contain no openings; and

ii) it is demonstrated to Council's satisfaction that the development, if carried out, would improve the siting or orientation of the dwelling/s or the provision of private open space; and would not significantly:

· increase the overshadowing of adjoining properties; or

· reduce the level of privacy enjoyed by adjoining properties.

c) Applications for zero lot line development will only be considered where the relevant lot or lots are part of an integrated design, and where all buildings set to a zero lot line are constructed prior to issue of a Subdivision Certificate.

3. Minimum Setbacks for Dual Occupancies and Secondary Dwellings

a) Side and rear setback – 1.5 metres for single storey, and must comply with the building height plane

4. Minimum Setbacks for Residential Flat Buildings and Multi-Dwelling Housing

b) Side and rear setback – 1.5 metres for single storey, otherwise governed by the building height plane.

c) Between buildings on a site – 3 metres.

5. Minimum Setbacks for Swimming Pools and Spas

a) The outer edge of the pool concourse or coping must be set back a minimum of one (1) metre from the side or rear boundaries, with the water line being a minimum of 1.5 metres from those boundaries.

b) Pools should not be located within the street frontage setback, except on sites where private open space can be accommodated only in this location or other site attributes support this outcome.

c) Pool pumps shall be located as far back from a side or rear boundary as practical and if closer than 3 m from either it shall be acoustically shielded.

D1.2.3 Screening the Underfloor Space of Buildings

Objectives

1. To improve the external appearance of elevated buildings.

2. To provide for compatibility in appearance and character between buildings in the locality.

Performance Criteria

1. The underfloor space of elevated buildings must be provided with infill panelling, advanced landscaping or other forms of visual screening to improve the external appearance of the building and to ensure compatibility with other development in the locality.

2. In flood liable land the screening of the underfloor space of elevated buildings may not be appropriate. Screening below the flood planning level must have openings to allow for entry and exit of flood water and must be structurally adequate and not reduce the structural capacity of the building during a 1 in 100 year flood event.

3. Where buildings are proposed on bush fire prone land, underfloor screening may be required to comply with specific requirements prescribed by the Building Code of Australia and Australian Standard AS3959 - Construction of Buildings in Bushfire Prone Areas.

Prescriptive Measures

There are no Prescriptive Measures.

D1.2.4 Character & Visual Impact

Objectives

1. To retain and enhance the unique character of Byron Shire and its distinctive landscapes, ecology, towns, villages, rural and natural areas.

2. To ensure that new development respects and complements those aspects of an area’s natural and built environment that are important to its existing character.

Performance Criteria

1. Site, building and landscaping design must address the climate;

2. The street face of a building, together with any open space between it and the street, must contribute to the general attractiveness of the streetscape by means of good design, appropriate materials and effective landscaping;

3. Development should be designed to minimise loss of privacy;

4. There must be a reasonable degree of integration with the existing built and natural environment, balanced with the desirability of providing for variety in streetscapes;

5. Long, straight wall areas will be discouraged and must be broken up visually by a combination of building materials and/or changes in the wall plane;

6. The provision of verandahs, balconies, pergolas and other protective outdoor elements will be encouraged for visual, climatic and energy efficiency reasons;

7. Well-designed overhanging eaves should be provided where feasible to protect against heavy rainfall and summer sun, while allowing winter sun penetration;

8. All building materials must be compatible in character with their surrounding environment. Any metal roof must have a colorbond or equivalent finish and no roof may be highly reflective. White or light-coloured roofing may be approved where it is demonstrated that it is not likely to be visually intrusive. Details of building materials and surface colours must be submitted for assessment with a development application.

Prescriptive Measures

There are no Prescriptive Measures.

D1.2.5 Fences

Objectives

1. To enable residents to erect fences to provide for a sense of privacy, noise reduction and security.

2. To ensure that fences do not remove the sense of safety in the street that pedestrians gain from the casual observation by residents.

3. To ensure that fences do not unduly reduce opportunities for casual social interaction in the community.

4. To ensure that fences do not become a dominant built element in the streetscape.

5. To exclude unwanted light from vehicles in particular circumstances.

6. To ensure that the design and placement of fences do not adversely impact traffic or pedestrian safety.

7. To ensure provision for access by safety and emergency vehicles and personnel.

Performance Criteria

1. Fences must not:

a) impair driver or pedestrian visibility at road intersections;

b) prevent residents of a dwelling from casually observing the adjacent street;

c) detract from the streetscape in terms of fencing design, materials, scale or colours;

d) prevent emergency access by safety and emergency vehicles and personnel.

2. Gates or openings in fences must facilitate safe entry and exit conditions for vehicles to and from public roads. Fences must not create or contribute to unsafe sight distance restrictions for vehicles entering or exiting neighbouring properties.

3. Fencing of corner allotments must allow for reasonable enclosure of rear yard areas for privacy and security, while minimising the impact of the fence on the street scene, safe sight distance and traffic and pedestrian safety.

Prescriptive Measures

1. Height of Fences

a) The height of fences should not exceed:

Table D1.1 – Height of Fences

Fence Location	Height
Front Fence	1.2 metres.
Side Fence	1.2 metres within the building line setback and 1.8 metres for the remainder.
Rear Fence	1.8 metres. Where the rear fence is the primary frontage front fence height provisions may apply.

Note: A front fence is any fence or like barrier erected forward of the building line setback, whether it is erected on the boundary or not.

b) Front fences and side fences within the building line setback higher than 1.2 metres but not higher than 1.8 metres may be permitted for properties:

i) adjoining land used for business or commercial purposes, in cases where screening from the adjoining business activity is necessary to protect residential amenity;

ii) where it is demonstrated that traffic noise and light impacts from car headlights on a public road will create adverse impacts on residential amenity in the absence of the higher fence;

iii) necessary for safety, noise mitigation purposes or to enclose the primary open space area.

c) Any front fence higher than 1.2 metres must be:

i) located not less than 50cm inside the front boundary with the area in front of the fence to be landscaped; or

ii) articulated with recessed sections of a minimum 0.9 x 0.9 metres at a maximum interval of 5 metres to allow planting of vegetation to reduce the impact of the fence.

2. Corner Allotments

Fencing of the secondary frontage will be allowed up to 1.8m high on the boundary, up to either of the following alignment setbacks from the primary street:

a) the established building line setback to the street; or

b) if the existing dwelling is forward of the established building line setback, in line with the existing dwelling.

Fencing forward of this alignment must comply with the front fence requirements.

3. Sight Lines at Intersections

Where a visually solid fence is proposed at the intersection of two public roads, satisfactory sight distance must be provided for traffic using the road. A minimum corner splay of 4m x 4m must be provided in the fence. Landscaping or planting in the splay area must not impede driver visibility and must contain low shrubs and ground covers and/or clear trunked canopy shade trees to maintain sight lines.

D1.2.6 Balconies

Objectives

1. To ensure that the visual character of balconies is consistent with and does not dominate the design of residential buildings.

Performance Criteria

Balconies must not dominate the visual character of buildings or development. The design of balconies must be consistent in character with the building and development in terms of materials, colours, dimensions, bulk, scale and proportion.

Prescriptive measures

There are no Prescriptive Measures.

D1.2.7 Pedestrian and Cycle Access

Objectives

1. To reduce car dependence through the promotion of alternative forms of transport.

2. To assist in the delivery of Council’s adopted bike plan where possible.

3. To provide an expansion of the existing pedestrian/ cycleways to improve connectivity throughout the Shire.

Performance Criteria

1. Development applications for residential accommodation of more than 3 dwellings must demonstrate that the pedestrian/cycleway network detailed in Council’s adopted Byron Shire Bike Strategy and Action Plan will be incorporated into new development.

2. Refer to Chapter B5 Providing for Cycling and Chapter B13 Access and Mobility.

Prescriptive Measures

Refer to Chapter B5 Providing for Cycling and Chapter B13 Access and Mobility.

D1.2.8 Garage to Habitable Space Conversions

Objectives

1. To ensure that adequate parking is provided when garages are converted to habitable space.

Performance Criteria

1. Development applications seeking to convert a garage to a habitable space must provide an alternate parking solution in accordance with Chapter B4 and Chapter D1.2.2.

2. Applicants at the head of a cul-de-sac should seek to retain garages and carparking and look for alternate solutions when siting a secondary dwelling or developing habitable space.

Prescriptive Measures

There are no prescriptive measures.

D1.2.9 Energy Efficiency

Objectives

1. To reduce greenhouse gas emissions created from residential development

2. To increase thermal comfort and efficiency for residential development

Performance Criteria

1. Buildings for habitable purposes should seek to incorporate measures to reduce energy consumption, reduce reticulated water consumptions and improve thermal comfort.

2. Where possible, development should seek to fit or retrofit energy efficient fixtures and fittings to reduce greenhouse gas emissions.

Prescriptive Measures

1. Long term residential accommodation exempt from BASIX must incorporate measures to reduce energy consumption, reduce reticulated water consumption and improve thermal comfort. Details are to be provided on development application plans. Measures are to include but are not limited to:

a) Minimum R2.5 ceiling insulation when access is available.

b) Hot water system must not be an electric storage tank that is connected to mains power.

c) Minimum 3 stars taps and fixtures to be installed in all kitchen, laundry And bathrooms.

d) Minimum 4 star air conditioning (if proposed)

e) Minimum 5000 litre rainwater tank collecting at least 30% of the development’s roof water. 1 garden tap connected to rainwater tank.

D1.3 Dwelling Houses

This Section outlines the controls applicable specifically to dwelling house development. It must be read in conjunction with the general provisions set out in Sections D1.1 and D1.2.

In this Section, a reference to a dwelling house also includes a reference to an expanded house.

D1.3.1 On-Site Car Parking

Objectives

1. To provide adequate and visually compatible accommodation for vehicles.

Performance Criteria

1. Car parking must be provided on the site in a manner which is convenient in terms of access for residents of the dwelling; safe and accessible in terms of visibility, turning and manoeuvring capabilities; and visually compatible with the site and its locality.

2. Car parking structures, including garages and carports, which are visible from the street must be compatible with the dwelling in terms of design and materials, and may form part of the dwelling structure.

Prescriptive Measures

1. Refer to Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access for detailed provisions regarding car parking and vehicle access.

2. Council may consent to the location of a carport such that it does not comply with the building height plane in relation to a boundary, having regard to the matters contained in Section D1.2.1 and to the adequacy and safety of vehicular access.

D1.3.2 Landscaping

Objectives

1. To enhance the visual quality of residential areas and to improve the residential amenity of the Shire.

2. To limit stormwater runoff from residential areas.

Performance Criteria

To enhance the visual quality and improve the residential amenity of the Shire, Council encourages the landscaping of dwelling house allotments in accordance with the principles contained in Chapter B9 Landscaping.

Prescriptive Measures

1. In cases where a dwelling is to be erected closer than 4.5 metres to the front boundary, Council will require, as a condition of approval, adequate landscaping to be provided to the street frontage of the lot prior to occupation of the dwelling. Landscaping must be consistent with the principles contained in Chapter B9 Landscaping.

2. At least 25% of the site must consist of deep soil areas. The deep soil area must not include any areas used for the management of on-site sewage effluent.

D1.3.3 Expanded House

Objectives

1. To facilitate the provision of a dwelling house comprising a number of separate building components.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

The design and use of an expanded house must conform to the following criteria:

1. No expanded house habitable outbuilding is to be located more than 20m from the wall of the main building, measured from wall to wall at the closest point;

2. The main building must contain an identifiable living area including the kitchen;

3. A maximum of three outbuildings may be connected to the main building by paths with an all-weather surface;

4. No separate driveway, car parking area, garage or carport structure is to be provided to service any outbuilding;

5. One outbuilding must be limited to a maximum floor area of 45m2 excluding decks, verandahs, patios, balconies and the like; and the others must be limited to a maximum 30m2 floor area excluding decks, verandahs, patios, balconies and the like;

6. None of the outbuildings are to contain facilities (e.g. kitchen, sink or the like) that would enable the preparation of food;

7. Each separate outbuilding may incorporate a maximum of two bedrooms (including rooms with an ensuite or bathroom);

8. A maximum of only one laundry is permitted per dwelling.

D1.4 Secondary Dwellings

Both Byron LEP 2014 and State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP) permit the erection of secondary dwellings in some zones to which this Chapter applies. Secondary dwellings may be complying development under certain circumstances.

Consistent with the hierarchy of environmental planning instruments if development for a secondary dwelling is proposed and can comply with SEPP (Affordable Rental Housing) then the application should be lodged pursuant to those provisions.

This Section nominates further standards (to support the provisions in SEPP (Affordable Rental Housing) 2009 and Byron LEP 2014) for development of secondary dwellings where permitted with consent.

D1.4.1 Private Open Space

Objectives

1. To ensure that residents of secondary dwellings have access to useable private open space.

Performance Criteria

1. An open space courtyard (which may include decking) must be provided for a secondary dwelling, with dimensions to suit the projected requirements of the residents and to accommodate outdoor recreation needs.

2. The courtyard must be capable of enabling an extension of the living area of the secondary dwelling.

3. Location of courtyards must take account of outlook and natural features of the site without impacting on neighbouring buildings or open space.

4. Orientation and shading of courtyards must provide for maximum year round use in terms of sunlight.

Prescriptive Measures

1. Secondary dwellings must have access to an individual courtyard at ground level having a minimum area or 15m² and a minimum length and width each of 2.5 metres, not including any area used exclusively for the circulation or parking of vehicles. The courtyard should be designed to facilitate access to winter sunshine.

2. The private open space area must not include any areas required for the management of on-site sewage effluent.

3. Decks and verandahs for secondary dwellings not to exceed 20m² in area.

D1.4.2 Access and Car Parking

Objectives

1. To ensure that the provision of access to secondary dwellings does not adversely impact pedestrian, cycle and vehicle safety in urban streets, and is compatible with urban streetscape and character.

Performance Criteria

1. Where feasible and where pedestrian and traffic safety will be improved, vehicular access to a secondary dwelling should be shared with the driveway access serving the principal dwelling. Driveways must be located and designed to minimise danger to pedestrians and cyclists using the street as a result of vehicles entering or leaving the driveway.

2. Consistent with the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, no additional parking is required for a secondary dwelling, over and above the requirements for the principal dwelling.

3. Secondary dwellings should not be sited so as to remove car parking servicing the principal dwelling.

Prescriptive Measures

There are no Prescriptive Measures.

D1.4.3 Siting, Design and Character

Objectives

1. To ensure that the siting and design of secondary dwellings do not detract from the streetscape and the residential character of urban areas.

Performance Criteria

The siting and design of development comprising a principal dwelling and a secondary dwelling must:

a) ensure compatibility in character between the dwellings on the site, the site itself and the surrounding urban environment;

b) ensure visual and acoustic privacy between dwellings on the site, and between the site and the adjoining neighbourhood;

c) ensure that the development is suited to the site in terms of topography, slope, water flows and drainage;

d) ensure that the development on the site will be visually compatible with the surrounding neighbourhood.

e) ensure that the siting of the development does not externalize impacts of noise, overshadowing, or compromises to privacy onto neighbouring properties.

Prescriptive Measures

1. Secondary Dwellings are not permitted on strata-titled lots

2. Secondary Dwellings are to comply with the Building Height Plane requirements under Chapter D1.2.1 of Byron DCP 2014

D1.5 Dual Occupancy and Semi-Detached Dwellings

Council recognises the role of dual occupancy development in contributing to infill development, making fuller use of existing services, adding to the stock of rental accommodation and widening the range of housing options. Council wishes to encourage dual occupancy and semi- detached dwelling developments which suit the differing needs of the community and which enhance the residential character of the Shire.

In addition to the controls in this Chapter applying to dual occupancy and semi-detached dwelling development, proposals which have rear lane access with one of the dwellings fronting that lane are to comply with the provisions under Chapter D6 Subdivision (Section D6.4.3).

D1.5.1 On-Site Car Parking

Objective

1. To provide adequate and visually compatible on-site accommodation of vehicles for residents and visitors.

Performance Criteria

1. On corner lots there may be an advantage in providing access to each dwelling from a different street frontage, paying particular attention to the need to make the best use of the site, to promote traffic safety and to orient buildings and landscaped areas to maximise climatic advantages.

2. In other cases, where feasible and where pedestrian and traffic safety will be improved, vehicular access to dwellings should comprise a shared driveway.

3. Driveways must be located and designed to minimise danger to pedestrians and cyclists using the street as a result of vehicles reversing into or out of the driveway.

Prescriptive Measures

1. Generally 2 car parking spaces will be required for a dwelling and 2 for each dual occupancy.

2. Refer to Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access for detailed provisions regarding car parking and vehicle access.

D1.5.2 Character

Objectives

1. To ensure that dual occupancy and semi-detached dwelling development is compatible in character with development in the locality, provides adequate private open space and addresses slope and drainage issues.

Performance Criteria

1. In assessing any proposal for dual occupancy or semi-detached dwelling development, particular consideration will be given to the topography and slope of the site, the use of design to minimise loss of privacy, the visual impact of the proposal and the likely impact on water flows and drainage.

2. To encourage better visual quality and greater public acceptance, any dual occupancy (attached) or semi-detached dwelling development must be designed as far as possible to look like a dwelling house. Mirror-image dwellings must be avoided.

3. Private open space must be specifically designed to be easily accessible to each dwelling.

Prescriptive Measures

There are no Prescriptive Measures.

D1.5.3 Adjoining and Adjacent Development

Objectives

1. To ensure that new development is consistent with the character and amenity of existing development in the locality.

Performance Criteria

1. Development must be compatible with the bulk, scale, height and character of adjoining and adjacent development. The site characteristics, including slope and aspect, must be taken into consideration in assessing the appropriate height and number of storeys.

2. Adequate provision must be made for solar access and privacy of the proposed dwelling(s) and any adjacent dwelling.

Prescriptive Measures

Council will only consider dual occupancy and semi-detached dwelling development in urban areas where, in its opinion, it has been demonstrated that the following objectives have been met:

1. Adequate provision for reasonable protection of existing views from neighbouring houses;

2. Adequate provision for privacy of the proposed dwelling(s) and any adjacent dwelling(s);

3. Adequate provision for access to natural light and solar access for the proposed dwelling(s) and any adjacent dwelling(s);

4. Maintenance of the character and neighbourhood amenity of the adjoining residential area.

D1.5.4 Private Open Space

Objectives

1. To ensure that adequate accessible and useable open space is provided to meet the recreational, gardening and landscape needs of residents.

Performance Criteria

4. Private recreational facilities must not adversely affect the amenity of adjacent properties.

Prescriptive Measures

1. Each dwelling must have an area of private open space at ground level not located in the front setback, having a minimum area of 30m² and a minimum length and width each of 4m, excluding any area used for vehicle circulation or parking.

2. The private open space area must not include any areas used for the management of on-site sewage effluent.

D1.5.5 Landscaping

Objectives

1. To provide attractive landscapes that reinforce the function of the street and enhance the amenity of dwellings and the built environment.

Performance criteria

Refer to Chapter B9 Landscaping.

Prescriptive Measures

Refer to Chapter B9 Landscaping.

D1.5.6 Sound Proofing

Objectives

1. To ensure an acceptable acoustic environment for residents.

Performance Criteria

1. Division walls between separate occupancy areas of dual occupancy (attached) and semi-detached dwelling development must be of sound resisting construction to ensure acoustic privacy and amenity between rooms.

2. Development must be designed to minimise noise and vibration impacts upon occupants of surrounding dwellings. Where practicable, sources of noise must be sited away from adjoining properties, and where necessary must be screened by acoustic treatments.

Prescriptive Measures

There are no Prescriptive Measures.

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

Council wishes to encourage variation in medium density housing development by providing simple, flexible controls that are intended to produce more attractive and innovative residential buildings, more imaginative use of outdoor spaces, more privacy and better access to sunlight and shade.

This Section applies to medium density housing development, including multi-dwelling housing, residential flat buildings and attached dwellings. To facilitate good design a Context and Site Analysis Plan will be required as per Part A13.1.1.

D1.6.1 Private Open Space Courtyards

Objectives

1. To ensure that residents have access to private, useable, landscaped open space.

Performance Criteria

1. Open space courtyards must be provided for each dwelling, with dimensions to suit the projected requirements of the residents and to accommodate outdoor recreation needs.

2. Courtyards must be capable of enabling an extension of the living area of the dwelling.

3. Location of courtyards must take account of outlook and natural features of the site without impacting on neighbouring buildings or open space.

4. Orientation and shading of courtyards must provide for maximum year round use in terms of sunlight.

Prescriptive Measures

1. Each dwelling must have access to an individual courtyard at ground level having a minimum area of 30m² and a minimum length and width each of 4 metres, not including any area used exclusively for the circulation or parking of vehicles. The courtyard must be designed to facilitate access to winter sunshine and must be landscaped to Council’s satisfaction.

2. The private open space area must not include any areas used for the management of on-site sewage effluent.

D1.6.2 Open Space Balcony

Objectives

1. To ensure that residents of above-ground dwellings have immediate access to outdoor private open space.

Performance Criteria

Where dwellings are situated or have access entirely above the ground level of the development, Council may consent to the provision of private open space by means of a balcony which is of sufficient size and which is located so as to provide a usable private outdoor area to Council’s satisfaction.

Prescriptive Measures

1. This provision is only activated when it is not possible to allocate private open space at ground level.

2. A private open space balcony must have a minimum area of 15m² and a minimum length and width of 2.4 metres. A private open space balcony must be demonstrated to have appropriate orientation and adequate provision for winter sun and summer shade.

3. Balconies and/or eaves may overhang minimum length or width dimensions of private courtyards or other private open space balconies, subject to compliance with the building height plane, and provided that adequate access to winter sun and summer shade is demonstrated for all potentially shaded balconies and/or courtyards.

D1.6.3 Landscaping

Objectives

1. To provide attractive landscapes that reinforce the function of the street, enhance the amenity of dwellings and the built environment, and allow preservation of significant vegetation.

Performance Criteria

Refer to Chapter B9 Landscaping.

Prescriptive Measures

Refer to Chapter B9 Landscaping.

D1.6.4 On-Site Car Parking

Objectives

1. To provide sufficient convenient car parking for residents and visitors.

2. To maintain the amenity of adjoining properties and the efficiency of the road network by providing for car parking on-site.

3. To ensure that vehicle access to and from development is safe, effective and enhances visual amenity.

Performance Criteria

1. Driveway design must provide safe and efficient ingress/egress to and from the site.

2. Resident and visitor car parking must be provided according to projected needs.

3. The design of driveways and parking areas must minimise the visual impact of hard paved areas and long straights, eg by incorporating curves and landscaping.

Prescriptive measures

1. Refer to Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access for detailed provisions regarding vehicle access, numbers, dimensions and layout of car parking spaces.

2. Large areas of car parking must be broken up by variation in layout, pavement treatment, landscaping, mounding and/or other means to Council's satisfaction.

D1.6.5 Sound Proofing

Objectives

1. To ensure an adequate acoustic environment for residents.

Performance Criteria

1. Development must be designed to provide a reasonable acoustic environment within dwellings and to minimise the potential for noise impact on the occupants of surrounding dwellings.

2. Where practicable, sources of noise must be sited away from adjoining properties and where necessary must be screened by effective acoustic treatments.

3. Development must be designed to minimise noise and vibration impacts on occupants of surrounding dwellings or buildings.

Prescriptive measures

1. Division walls between dwellings must be of sound-resisting construction to Council's satisfaction.

2. The floors in single storey multi-dwelling housing, residential flat buildings and attached dwellings must be so constructed or treated as to minimise the conduct of sound between dwellings.

D1.6.6 Clothes Drying Facilities

Objectives

1. To ensure that adequate, effective space is provided and provision is made for clothes drying.

Performance Criteria

Outdoor clothes drying facilities must be provided to meet projected needs and located to facilitate privacy and sunlight access.

Prescriptive measures

The minimum provision of clothes drying facilities must be at the rate of 7.5 metres of line per dwelling, located in suitably screened external drying areas.

D1.6.7 Equity of Access and Mobility

Objectives

1. To ensure equity of access and mobility to all members of the community.

Performance Criteria

There are no Performance Criteria.

Prescriptive measures

Provision for access and mobility must be made pursuant to Chapter B13 Access and Mobility.

D1.6.8 Pipes and Vents

Objectives

1. To optimise the aesthetic appeal of development and to minimise visual impacts of external pipes and vents.

Performance Criteria

External pipes and vents must be concealed.

Prescriptive measures

1. All service pipes and vents must be concealed within the walls of residential flat buildings, multi-dwelling housing and attached dwellings. Provision of recessed service pipes in external walls may be acceptable where it is demonstrated that the proposal is consistent with the Objectives.

2. Access to pipes and vents must be provided as required by relevant authorities.

D1.6.9 TV Antennae

Objectives

1. To minimise adverse visual impacts of TV antennae and dishes, and to ensure the availability of television reception for all dwellings.

Performance Criteria

Common television antennae and/or dishes must be provided to meet the expected needs of residents.

Prescriptive measures

Each development must be provided with a common television reception system designed to minimise adverse visual impacts whilst enabling high quality reception for each dwelling.

D1.7 Affordable Housing

D1.7.1 Affordable Housing in R2, R3, B2 and B4 Zones

Objectives

1. To provide guidance regarding the implementation clause 6.7 Affordable housing in residential and business zones of Byron LEP 2014.

2. To ensure the provision of a diverse range of dwelling types and sizes that meet the needs of a wide range of family and household types and provides greater availability of affordable housing.

Performance Criteria

1. Council shall consider the matters listed in clause 6.7 Affordable housing in residential and business zones of LEP 2014 when considering development applications in Zones R2, R3, B2 or B4 for:

a) subdivision of 25 or more lots where a diversity of lot sizes can be provided;

b) residential accommodation of 25 or more dwellings where a diversity of dwelling types can be provided;

c) redevelopment of existing housing where a reduced number of dwellings and/or a reduced diversity of dwelling types are proposed.

2. Council may consider applying a condition to the development consent for affordable housing requiring that the development not be used for the purposes of tourist and visitor accommodation including holiday letting.

3. Council may consider varying density controls for subdivision to allow additional lots to be created for dedication to a public housing provider.

4. The meaning of ‘very low income household’, ‘low income household’ and ‘moderate income household’ is the same as provided in clause 6 of State Environmental Planning Policy (Affordable Rental Housing) 2009.

Prescriptive measures

There are no Prescriptive Measures.

D1.8 Boarding Houses

Division 3 (Boarding Houses) of State Environmental Planning Policy (Affordable Rental Housing) 2009 governs the provision of boarding houses in various Residential and Business Zones. Those provisions and standards will be applied to all boarding house development to which this Section applies.

D1.9 Hostels

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 governs the provision of hostels. Those provisions and standards will be applied to all hostel development to which this Section applies.

D1.10 Shop Top Housing

This Section applies to shop top housing, which includes dwellings located above ground floor retail premises or business premises.

D1.10.1 Density Control

Objectives

1. To provide affordable shop top housing accommodation close to transport, employment and services.

Performance Criteria

The siting, design and density of the dwelling component of the development must be consistent with the character of the surrounding area and must provide a mix of dwelling sizes to accommodate different family profiles.

Prescriptive Measures

1. The density of the dwelling component of the development must not be greater than one (1) dwelling per 150 square metres of site area where no floor space ratio restriction applies under Byron LEP 2014.

2. A minimum of 25% of the floor space of the entire development, not including car parking, must be set aside for commercial/ retail purposes. All ground floor space fronting the street must be devoted to retail premises and/or business premises.

D1.10.2 Accessibility

Objectives

1. To ensure accessible and direct entrance to and exit from the residential component of a development.

Performance Criteria

Development must be designed to ensure that adequate direct resident access is provided to the residential component of the development.

Prescriptive Measures

Each dwelling must have direct access from the main street frontage of the premises (or side street where located on a corner). This may be by means of a separate, isolated passage or stairway connecting to the street frontage, which would allow unrestricted access to the dwelling without the need to pass through any associated retail premises or business premises. Alternatively, such an access arrangement may be shared with development on adjoining land with a similar residential component, provided suitable arrangements are made to ensure that legal access is available and guaranteed in perpetuity.

D1.10.3 Private Open Space

Objectives

1. To ensure that the residential component of a development contains adequate, accessible and well designed private open space to meet the needs of occupants.

Performance Criteria

Each dwelling must be provided with an adequate area of private open space for sole use by the occupants of that dwelling. The private open space must be located to provide solar access and a sense of territory, privacy and safety for residents.

Prescriptive Measures

1. Each dwelling must be provided with private open space for sole use by the occupants of that dwelling. Where the private open space cannot be provided at ground level the dwelling must be provided with a balcony or roof terrace.

2. The private open space, whether at ground level or not, must have a minimum area of 15m²and a minimum width of 2.5 metres. Part of the private open space must be a minimum of 10 square metres and directly accessible from a living area.

3. The private open space must have solar access to 50% of its area for at least 3 hours per day. Enclosure of balconies that provide private open space to a dwelling will not be permitted.

4. The private open space area must be located to maximise privacy for residents. If necessary the area must be screened by vegetation, a wall or fence, to ensure that the area is private.

5. The private open space must be located to ensure that residents are provided with an outlook to public areas rather than overlooking directly onto adjoining buildings, and must not diminish the commercial/retail character of the street frontage at ground level.

D1.10.4 Sound Proofing

Objectives

1. To ensure that an adequate acoustic environment is provided for residents.

Performance Criteria

Development must be designed to minimise the potential for noise impact upon the occupants of the dwellings, both from within the development and from adjoining developments, public areas and streets.

Prescriptive Measures

1. Development must be designed to minimise external noise impacts on residents and to ensure that noise sensitive areas are screened from noise sources. This can be facilitated through the design process, eg by locating noise tolerable areas towards noise sources (e.g. kitchens, laundries etc located toward major frontages with sleeping areas screened from road frontages, garbage collection areas, accessways and parking areas). Noise transmission between dwellings can be minimised by not locating living areas or garages adjacent to bedrooms of other dwellings.

2. Walls or ceilings of dwellings that are attached must have a sound transmission class (STC) of not less than that required by the Building Code of Australia.

3. Applicants must demonstrate to Council’s satisfaction that the design of dwellings in shop top housing adequately addresses the issue of sound proofing. A specialist acoustic report may be required to demonstrate that the development adequately achieves acceptable sound proofing for residential amenity.

D1.10.5 Clothes Drying Area

Objectives

1. To ensure that adequate, effective space is provided for clothes drying.

Performance Criteria

1. Where feasible, outdoor clothes drying facilities must be provided to meet projected needs and located to facilitate privacy and sunlight access. The clothes drying area must be screened from view from the street.

2. Dwellings without private open space at ground level must provide internal laundry facilities in each unit and must provide either a clothes drying area on site, or a space for a clothes dryer in each unit.

Prescriptive Measures

There are no Prescriptive Measures.

D1.10.6 Site Facilities

Objectives

1. To ensure that adequate site facilities are provided for the development and its residents.

2. To ensure that sediment and nutrient laden car wash runoff does not impact on the water quality of the Shire’s waterways.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

1. Mailboxes must be provided for each dwelling, located to ensure convenient access for residents and Australia Post. The street number must be clearly displayed and all mailboxes must be clearly identified with the unit number. Where an Owners’ Corporation or equivalent has been created an additional mailbox must be provided for Corporation correspondence.

2. All dwellings must be wholly independent of the commercial portion of the building in respect of such amenities and facilities as toilets, laundries, kitchens, bathrooms and the like.

3. Common television antennae and/or dishes must be provided to meet the expected needs of residents.

4. A separate water meter must be provided for each dwelling.

5. A lockable storage facility of 8 cubic metres for each dwelling must be provided. This may form part of a carport or garage.

6. A car washing area must be provided at a general rate of 1 per every 10 dwelling units, with a minimum of one wash area being provided for each multi-unit housing development containing more than 10 residential units. The car wash area must have minimum dimensions of 7.6m x 3m. This may be part of a visitor car space, driveway or turning area where it can be shown that it will not cause undue conflict of use. This area must have water and electricity available and must be drained by on site disposal. Where there are separate internal driveway systems within a site, each must have a car washing area.

D1.11 Ancillary Dwellings in Business Park and Industrial Zones

This Section applies to the development of ancillary dwellings in Industrial zones and the B7 Business Park Zone. The only dwellings permitted in Zones IN1, IN2 and B7 are dwellings that are ancillary to other development that is permissible in those zones and which is situated on the same site as that other development. Other types of residential accommodation are not permitted in these zones. Such residential development must be designed and constructed to provide the resident with a suitable level of amenity having regards to the industrial and business activities on surrounding properties. As an example, this could include late night/ early morning noise from loading and unloading of vehicles, odours and fumes from a manufacturer, noise from refrigeration plant and equipment, dust from a landscape garden supplier. In some instances an ancillary dwelling may not be suitable due to the business and industrial activities on surrounding properties.

D1.11.1 Ancillary Dwellings in Zones IN1, IN2 and B7

Objectives

1. To ensure that residential development remains subordinate to industrial development in industrial zones, and other development in the Business Park Zone.

2. To ensure that an adequate level of amenity is provided for residents of ancillary dwellings.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

1. Applications seeking consent for establishment of an ancillary dwelling in Zones IN1, IN2 and B7 must demonstrate that the dwelling will be used in conjunction with other development that is permissible in those zones on the same site, and that the dwelling will be ancillary to that other development.

2. The ancillary dwelling component of a development must not be greater than one (1) dwelling for each allotment, whether or not that allotment is created via Torrens Title, Strata or Community Title.

3. The total floor area of an ancillary dwelling must not exceed 60m².

4. An ancillary dwelling must not have street frontage when located at ground level.

5. Ancillary dwellings must be designed to minimise external noise, dust, fumes and odour impacts on residents. A specialist acoustic report may be required to demonstrate that the development adequately achieves acceptable sound proofing for residential amenity.

D1.12 Studios

Studios are meant for activities which may not be suitable in the dwelling house. This could include for example painting, pottery, playing music, writing, other artistic pursuits or an office space for a home office. The studio is not meant to be used as a separate bedroom, nor is it meant to be a secondary dwelling or granny flat.

D1.12.1 Studios

Objective

Performance Criteria

2. The studio must not be used for separate habitation.

3. The studio must be situated on the same lot and located close to the dwelling and be compatible in design and character with the dwelling and its environment.

4. The studio must not require additional clearing of native vegetation, additional vehicle access or the provision of additional public services infrastructure over and above that required by the dwelling.

Prescriptive Measures

Only one studio is permitted for each dwelling. The studio must:

a) be situated on the same lot as the dwelling;

b) not exceed 60m² gross floor area;

c) not contain internal partitions other than those necessary for ablution facilities or demonstrably required for the use of the studio (eg photography darkroom);

d) not contain facilities (e.g. kitchen, sink or the like) that would enable the preparation of food;

e) not be used for separate habitation;

f) be located not more than 40 metres from the main building of the dwelling.

E8.5 Relationship to other Plans and Policies

· Relevant State Environmental Planning Policies (SEPP) and Byron Local Environmental Plan (LEP) 1988 are the statutory environmental planning instruments applicable to the site and will prevail over any inconsistencies with provisions contained in the Chapter.

· State Environmental Planning Policy (West Byron Bay) 2014 amended the Byron LEP 1988 by inserting Clauses 65 – 101 and identified the site as an urban release area on the 14 November 2014. Clause 101 requires the preparation of a DCP for the West Byron Urban Release Area. The West Byron SEPP after amending the Byron LEP 1988 was subsequently repealed the following day.

· The flow chart below provides a summary of the relationship between the now repealed SEPP and the DCP Chapter.

· Development within West Byron Bay will need to comply with this chapter, as well as other relevant chapters in the Byron Shire DCP 2014 set out in Table E8.1. In the event of any inconsistency between this DCP Chapter and other Chapters within Byron Shire DCP 2014 or any other plan or policy of Council, this chapter will prevail to the extent of the inconsistency.

Table E8.1 Relevant Provisions of the Byron Shire DCP 2014

Section and Provisions of Byron Shire DCP 2014

Part A Preliminary

Part B Controls Applying Generally to Development Applications

Chapter B2 Preservation of Trees and Other Vegetation

Chapter B3 Services

Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access

Chapter B5 Providing for Cycling

Chapter B6 Buffers and Minimising Land Use Conflict

Chapter B7 Mosquitoes and Biting Midges

Chapter B8 Waste Minimisation and Management

Chapter B9 Landscaping

Chapter B10 Signage

Chapter B11 Planning for Crime Prevention

Chapter B12 Social Impact Assessment

Chapter B13 Access and Mobility

Chapter B14 Excavation and Fill

Part C Further Controls Applying to Land with Specific Constraints and Environmental Characteristics

Chapter C1 Non-Indigenous Heritage

Chapter C2 Areas Affected by Flood

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

Chapter C4 Development in a Drinking Water Catchment

Part D Further Controls Applying to Specific Land Uses

Chapter D1 Residential Accommodation in Urban, Village & Special Purpose Zones

Chapter D2 Residential Accommodation and Ancillary Development in Rural Zones

Chapter D3 Tourist Accommodation

Chapter D4 Commercial and Retail Development

Chapter D5 Industrial Development

Chapter D6 Subdivision

Chapter D7 Sex Services Premises

Chapter D8 Public Art

E8.6 Background Information

· A number of technical studies have been completed for the site previously for the West Byron Bay Urban Release Area when it was rezoned by the Department of Planning and Environment. The technical studies completed as part of the SSS Study are set out in Table E8.2. These are available from the NSW Department of Planning and Infrastructure’s website www.planning.nsw.gov.au.

Table E8.2 State Significant Site Study – Technical Studies

Issue	Technical Study	Author	Date
Acid Sulfate Soils	Preliminary Acid Sulfate Soils Assessment	Southern Cross University Environmental Analysis Laboratory	December 2010
Air Quality	Odour & Air Quality Constraints West Byron	PAE Holmes	December 2010
Air Quality	Options for Future Development on West Byron SSS Site: Odour Constraints	PAE Holmes	May 2012
Aquatic Ecology	Aquatic Assessment of West Byron Urban Land Release Program	Peter Parker Environmental Consultants Pty Ltd	August 2010
Bushfire	Bushfire Assessment	LandPartners	December 2010
Civil Engineering	Byron West Engineering Advice	Cardno	April 2011
Contamination	Preliminary Contamination Land Assessment	EAL Consulting Service	December 2010
Cultural Heritage	Proposed West Byron Urban Release Area Cultural Heritage Assessment	Jacqueline Collins (Consultant Archaeologist)	December 2010
Ecology	Preliminary Ecological Assessment	LandPartners	August 2010
	Ecological Assessment West Byron Project	Australian Wetlands Consulting Pty Ltd	December 2010
	West Byron Urban Land Release Area: Response to Submissions Received during Public Exhibition Period – Ecological Matters	Australian Wetlands Consulting Pty Ltd	April 2012
Flooding	West Byron Flood Impact Assessment	BMT WBM	December 2010
	West Byron Flood Impact Assessment – Assessment Revision - Correspondence	BMT WBM	22 November 2011
	West Byron Flood Impact Assessment – Response to Submissions - Correspondence	BMT WBM	22 March 2012
	West Byron Bay Development Proposal – Flooding – Final Report	WMA Water	21 June 2012
Geotechnical	Geotechnical Assessment for Development of West Byron/Belongil Fields	Shaw Urquhart	June 2010
Koala Management	West Byron Urban Release Area Response to Submissions by Byron Shire Council and Office of Environment and Heritage – Koala Management	Austeco Environmental Consultants for Setscan Pty Ltd	6 November 2012
Koala Management	Koala Management in the West Byron Urban Release Area – Memorandum to Byron Bay West Landholders Association	Austeco Environmental Consultants for Setscan Pty Ltd	16 November 2012
Land Use Conflicts	Land Use Conflict Risk Assessment	LandPartners	December 2010
Mosquitoes	Mosquito Risk Assessment	Sydney West Area Health Service	December 2010
Noise	Revised Preliminary Acoustic Advice	TTM Acoustics	June 2010
Retail and Commercial Demand	West Byron Urban Release Area Retail and Commercial Demand Study	Hill PDA	July 2010
Social Impact	West Byron Urban Release Area Housing and Human Services Study Social Impact Assessment	BBC Consulting Planners	February 2011
Traffic	West Byron Development Transport Study	Veitch Lister Consulting	March 2011
Traffic	West Byron Development Transport Study – Supplementary Report on Changes in Level of Service	Veitch Lister Consulting	March 2011
Urban Design	West Byron Urban Release Area Enquiry-by-Design Workshop Outcomes Report	Deicke Richards Architects	September 2010
Urban Design	Summary of Issues and Proposed Resolution of Traffic Noise, Visual Impact and Urban Design along Ewingsdale Road	TTM Acoustics, Ennismore Field P/L & Deicke Richards P/L	May 2011
Visual Impact	West Byron Urban Release Area Visual Assessment	Ennismore Field Pty Ltd	Undated
Water Management	West Byron Urban Land Release Project Report	The Water & Carbon Group	October 2010

E8.7 Interpretation

· In this chapter Urban Release Area is the West Byron Bay site identified under Part 4 of the Byron Local Environmental Plan 1988.

· Any other word or expression used in this Chapter has the same meaning as it has in the standard instrument (as prescribed by the Standard Instrument (Local Environmental Plans) Order 2006) unless it is otherwise defined in this Chapter. Where the word or expression is not defined in the standard instrument, it will have the same meaning as defined in the Byron Shire DCP 2014. Wherever any discrepancy arises, the provisions used in the standard instrument prevail.

· Where not otherwise defined, the meaning is to be taken as the meaning most commonly understood. A reference in this Chapter to any Australian Standard or legislation includes a reference to any amendment or replacement as made.

· Notes: are included in this document to provide additional guidance and explanation of the provisions. These notes are not part of the formal provisions of the Chapter .

E8.8 Compliance with Objectives and Controls in this Chapter

· Clauses in this plan contain Objectives, performance criteria and prescriptive measures. The prescriptive measures are requirements that Council considers likely to meet the objectives and performance criteria. In certain circumstances applicants can propose alternate solutions to the prescriptive measures, however they will need to demonstrate that the alternative design satisfies the objectives and performance criteria for that clause. Further information is provided in Part A of DCP 2014 (see Clause A12) where an explanation is provided on dual path assessment.

E8.9 Notification of Development Applications

· Notification of development applications will be undertaken in accordance with Part A of the Byron Shire DCP 2014.

E8.10 Design Principles

· The development of the site is underpinned by the following key design principles:

Legible and connected

a) A vibrant mixed use village centre to provide a community meeting place and to provide retail and commercial opportunities

b) a street pattern that connects the new residential areas with the mixed use village centre, the light industrial area and local parks

c) neighbourhoods where residents can safely walk or cycle to the local shops and open space

d) public transport, cycle and pedestrian ways that links with existing networks.

e) high speed broadband to the entire estate

Reinforcing the natural environment

a) high quality streetscapes with generous green verges, street trees and footpaths with access to safe open space areas

b) Appreciation of areas of high quality habitat for conservation

c) Residential open space areas which link with the natural environment

Innovative and integrated

a) mixture of dwellings types to improve housing choice for a variety of residents and budgets and create diversity in the built form

b) housing arrangements different to the existing model in Byron Shire including small lot housing and co-operative housing

c) Clearly defined entry statements at the access points from Ewingsdale Road

Amenity

a) Residents and properties are protected from hazards including flooding and bushfire

b) Coherent buffers provided to Ewingsdale Road and other environmental constraints.

· Concept and Staging Plan

· A Staging and Concept Plan has been developed for the site as shown in Appendix A and B. The plans form the basis for urban development by setting out:

a) access points from Ewingsdale Road and associated intersection treatments

b) a key circulation route through and around the development area including cycleways

c) the location of future land uses including low and medium density residential development, the neighbourhood centre, the light industrial area, and open space

d) buffers to Ewingsdale Road

e) the identification of environmental conservation and management areas for revegetation

f) landscaping and street trees

Both plans are indicative and further changes to the layout and or staging may occur through the development of West Byron and further assessment. Where major variations are proposed the applicant will be required to demonstrate the development remains consistent with the Design Principles in this section.

E8.10.1 Staging Plan

Objectives

1. Enable the orderly development of the site.

2. Enable land to be developed in a co-ordinated fashion.

Performance Criteria

1. Land use development will be integrated, coordinated and planned in line with the provision of infrastructure

2. All infrastructure will be designed to provide a high standard of living for residents and a vibrant, well serviced village centre and industrial estate.

3. Rehabilitation and re-vegetation works are to be delivered in a timely manner and in accordance with management plans.

Prescriptive Measures

1. West Byron is to be developed in two main stages generally as shown in Appendix A Staging Plan.

2. Stage 1 to comprise the following minimum infrastructure and works to enable the site to be subsequently developed for commercial, residential and industrial land uses. This includes a detailed traffic study be undertaken to confirm the appropriate configuration of the two round about intersections with Ewingsdale Rd. The study to address the requirements of the Guide to Traffic Generating Developments (RTA 2002), and any additional traffic studies and design plans prepared by Council to inform the final design of the roundabouts. The study should be completed to address the requirements of the whole site based on a maximum dwelling yield of 856 dwellings.

a) The two roundabouts on Ewingsdale Road – Details to be submitted and approved as to the timing of construction of the roundabouts to minimise disruption to traffic flows on Ewingsdale Road. The roundabout at the intersection of Bayshore Drive and Ewingsdale Road to be designed and constructed with a concrete pavement to facilitate heavy vehicle movements into West Byron.

b) The start of the two ends of the Main Spine Road for a length of approximately 250 metres to the first major internal intersections;

c) Legal access to roads and services for any allotments (including Lot 1 DP780242) not having land frontage to the constructed Main Spine Road;

d) Closing of Melaleuca Drive from Ewingsdale road and measures to ensure access to other properties on this road.

e) Noise attenuation measure to Ewingsdale Road including earth bunds, noise fencing and landscaping to satisfy the Australian Standard;

f) Trunk water services (including Dual Reticulation mains to service the IN2 Light Industrial Zone and B1 Neighbourhood Centre Zone) for the length of the constructed roads;

g) Main Trunk Sewer infrastructure, pump stations and other necessary sewage infrastructure for the length of the constructed roads;

h) Bulk Earthworks to satisfy the flooding and stormwater requirement for the site including the reconstruction of the main stormwater drain through to the point of discharge;

i) Any necessary stormwater infrastructure to service this Stage including embellishment and landscaping of the main drain in this Stage. Where appropriate drainage work in Stage 2 can commence with Stage 1 including works on the main drain.

j) Bulk Earthworks for Central Park on Ewingsdale Road (not embellishment) zoned RE1;

k) Acid Sulfate Soils Management Plan for the entire site, Water Management Plan for Belongil Creek including baseline data, monitoring and hold points in the event that water quality is adversely affected by the development, and Biodiversity Conservation Management Plan including a program for environmental management and staged rehabilitation for the E2 and E3 Zones;

l) Identification and protection of any special cultural or heritage places for the entire site;

m) Construction of the pedestrian/ cycleway for the full frontage of Ewingsdale Road and other pedestrian/ cycleways through Stage 1 as required;

n) General landscaping, street trees and the like where relevant to Stage 1 for the sections of roads being constructed;

o) Subdivision for the purpose of creating super or master lots and smaller site specific residential, commercial and industrial lots where appropriate;

p) Address the provisions for the West Byron Village Centre Precinct under Clause E8.10.10.1

q) Design for the construction and embellishment of the Park adjacent to the B1 Zone. The timing for the dedication of the park to be linked with the development of the B1 Zoned Land and the adjacent R3 Zone Land.

r) Any landscaping or buffer treatments as required under Clause E8.10.5.1.

s) General timing and sequencing of work within this stage.

t) Applicants to demonstrate that Infrastructure to be constructed at Stage 1 is designed to accommodate the expected population yield for West Byron.

Subsequent development applications for residential, business and industrial development including subdivision, are to demonstrate how they will be co-ordinated with infrastructure being provided with the Stage 1 approval.

3. Stage 2 - Stage 2 to comprise the following works and infrastructure:

a) Completion of the Spine Road link;

b) Completion of trunk water supply and sewer links;

c) Any other necessary stormwater infrastructure to service this Stage;

d) Compliance with any plans of management or Cultural Heritage recommendations approved in Stage 1:

e) General landscaping, street trees and the like where relevant to Stage 2 for the sections of roads being constructed;

f) Subdivision for the purpose of creating super or master lots or smaller site specific residential lots where appropriate;

g) Any landscaping or buffer treatments as required under Clause E8.10.5.1;

h) Embellishment of the Central Park on Ewingsdale Road; and

i) General timing and sequencing of work within this stage.

Subsequent development applications for residential, including subdivision are to demonstrate how they will be co-ordinated with the infrastructure being provided within Stage 2.

Should housing numbers exceed 856 dwellings a further traffic impact assessment is required on impacts on Ewingsdale Rd and the wider road network for traffic exceeding this number. Such a study to be prepared in accordance with the Guide to Traffic Generating Developments (RTA 2002).

4. Where road reserves are to be dedicated to Council they are to terminate at the property boundary to ensure access to adjoining properties.

5. Where drain crossings over Crown Land or other public property are deferred from Stage 1 to Stage 2, details to be submitted to Council outlining how the construction of the crossing will be financed including the agreement of land owners where nominated.

6. The boundaries with Ewingsdale Road for the site to be adjusted to reflect future widening of Ewingsdale Road as indicated in Appendix G - Widening of Ewingsdale Road Plan. The boundary adjustment(s) to occur with Council agreement and can occur with Stage 1 or 2 or by a standalone application process. Such widening to have regards to the requirements under E8.10.8.8 Buffers to Ewingsdale Road

7. Where more than 100 lots are to be released as part of a subdivision, a staging plan to be submitted with the development application breaking such land releases into stages of no more than 50 lots to enable the co-ordination and provision of necessary infrastructure and services.

E8.10.2 Housing Subdivision Layout, Orientation and Diversity

The subdivision layout needs to consider not only orientation, vegetation and constraints but also provide for suitably located and shaped lots for a diverse range of housing types in addition to standard single dwelling lots. In addition to the minimum lot size provisions under Byron LEP 1988 the following controls apply.

Objectives

1. To facilitate the provision of a diversity of dwelling types and land tenure to service the needs of residents at different stages of life.

2. Street layout and the configuration and sizing of residential lots is responsive to site characteristics and achieves the following outcomes wherever possible:

a) potential for solar access to the main living areas and private open space of future dwellings on each lot, is maximised;

b) lots are oriented so that future buildings can make best use of the site’s characteristics (e.g. desirable views/ outlook, most suitable access) in order to maximise amenity and privacy and keep building and running costs to a minimum;

c) potential for overshadowing and overlooking of neighbouring dwellings and their private open space, is minimised.

3. Consideration to be given to the residential controls when planning lots sizes and dimensions in relation to car parking, open space and landscaping areas and building footprint.

Performance Criteria

1. A diversity of lot sizes and dwelling types, to suit different household structures.

2. Higher density development lots sited in proximity to walkways, cycleways, parkland, and public transport. Corner lots and lots with rear lane access to facilitate alternate access arrangements that reduce the number of driveways across the primary street frontage are preferred.

3. Subdivision design addresses existing vegetation (to be retained), bushfire and other environmental constraints in terms of the location and sizing of lots.

4. The configuration, shape and size of lots maximises solar access to each lot and are of appropriate shape and width to accommodate dwelling designs where the main indoor and outdoor living spaces can be orientated to the north, north east or north west.

5. Consideration to be given to the siting of dwellings in the design of subdivision for small lots.

Prescriptive Measures

1. Applications for subdivision to be generally in accordance with the Concept Plan for West Byron. Details to be submitted with the relevant application demonstrating how access to properties on Melaleuca Drive will be provided and maintained.

2. A minimum building envelope of 12m x 15m to apply in R2 zone and 12m x 10m in the R3 Zone for vacant residential allotments.

3. Subdivision layouts provide rectangular shaped lots with the long side of the lot aligned on a general east-west or north-south axis wherever possible, in order to maximise the potential for solar access to future dwellings. (see note below and Figure E8.2)

4. The use of battle-axe lots is to be kept to an absolute minimum. To ensure a suitable residential area to build upon, the access handle is not to be included in the lot size calculations. Access handle widths to comply with Chapter D6 of Byron DCP 2014.

5. Dual Occupancy, Multi Dwelling Housing, residential flat buildings and Integrated Housing lots in the R2 Zone are to be designed as follows:

a) The plan of subdivision to clearly nominate lots for dual occupancy, multi dwelling housing, residential flat buildings and integrated housing as per Clause 83 of Byron LEP 1988.

b) Lots nominated for higher densities than single dwelling housing should be carefully chosen having regards to vehicle access, solar orientation, location of pedestrian paths and cycleways and public open space areas and the residential controls contained within this Chapter.

6. Dual occupancy, multi dwelling housing, residential flat building or integrated housing lots to have a minimum dimensions of 25 metres on a general north -south axis with secondary street or rear lane access.

Such lots are not to be clustered in one location but generally dispersed throughout the R2 Zone.

Figure E8.2: Alignment of Subdivision Lots

7. Subdivision with the R3 Zone to have careful consideration to the final built form in terms of vehicle access and car parking, solar orientation, private open space, and the public domain. Accordingly it is preferable that master or super lots be created with an area greater than 1000m², which can be subsequently developed and purposely planned for medium density residential development. Such lots should have dual frontage as a minimum in terms of either a corner lot, rear lane access or extend through from one street to the next street.

Where vacant small lots are proposed pursuant to Clause 81 of Byron LEP 1988, the following controls are to apply in the R3 Zone:

a) Access to be provided by way of a rear lane, secondary street or reciprocal right of carriageway to be incorporated into the subdivision design to provide access to the rear of these properties. In circumstances where access is provided via a battleaxe handle, the area of the handle to be excluded from the lot size calculation. Access to be designed and constructed in accordance with Chapter D6 of Byron DCP 2014.

b) To include an appropriate Section 88B instrument for the subject lot and the adjoining lot(s) that will enable zero lot line development on each property boundary.

c) Where 4 or more small lots are proposed in a street section, the street to be of a suitable width to accommodate nose in, or 45 degree angle parking across the frontage of those lots. The parking to be integrated with footpaths, cycleways and landscaping including street tree blisters every five parking spaces to break up the parking areas and to provide shade.

d) Lots to be clearly orientated between the north east to the north west to ensure good solar access.

DSCF7953

Nose in car parking in front of small lots with street tree blisters

Figure E8.3: Street Parking for Small Lots

8. Where lots incorporate vegetation to be retained, details to be submitted with the subdivision application demonstrating that the vegetation will be managed and not removed for bushfire protection purposes or for residential buildings with subsequent applications for residential development. In certain circumstance Council may require a Section 88B instrument on the title to aid in the protection of the vegetation and to override the 10/50 Vegetation Clearing Scheme exemptions for vegetation removal.

Notes:

· Applicants are encouraged to consider the residential provisions when designing the subdivision layout, and in particular for multi dwelling housing and integrated housing lots. Lots with potential private open space within the front setback may need to be longer/ wider to enable a suitable, useable, private area with solar access to be provided.

· Corner lots provide good opportunities for dual occupancy and multi dwelling housing/ integrated housing options with vehicle access provided from both streets for a dual occupancy, or a single shared access point provided from the secondary street for three or more dwellings.

· Lots that run from one street through to a second street also provide good design solutions for vehicle and pedestrian access and egress.

E8.10.3 Transport Movement and Street Hierarchy

Objectives

1. To provide a hierarchy of interconnected streets that gives safe, convenient and legible access through West Byron.

2. To minimise through traffic in residential neighbourhoods.

3. To ensure that the hierarchy of the streets is clearly legible through variations in carriageway width, on-street parking, threshold parking, incorporation of water sensitive urban design measures (where possible), street tree planting, and pedestrian amenities.

4. To provide a safe and convenient public transport, pedestrian and cycleway network.

5. To ensure a high quality, functional, safe, legible and visually attractive public domain.

6. To design streets within each neighbourhood primarily for people, not for cars, by providing a level of access, safety and convenience to residents in each neighbourhood.

Performance Criteria

1. The street network is to be designed to achieve the following principles:

a) Access to Ewingsdale Road restricted to the two main entrances as indicated on the concept plan. All properties with frontage to Ewingsdale Road to gain access from an internal local road. Existing properties on Ewingsdale road to re-site driveways to the internal road network.

b) Establish a permeable pedestrian and cycleway network that is based on AMCORD principles that will encourage walking and cycling and reduce travel distances involving those activities,

c) Provide for a safe pedestrian cycleway crossing point across Ewingsale Road to facilitate access to Sunrise Estate, the Byron Arts an Industrial Estate and the Cavanbah Sports Centre.

d) maximise neighbourhood connectivity between residential neighbourhoods, recreational areas and the Village Centre;

e) accommodate significant vegetation to avoid its removal and to maintain and habitat corridors;

f) optimise solar access opportunities for dwellings having regards to the controls relating to dual occupancy, multi dwelling housing and integrated housing;

g) maximise surveillance of open space and environmental protection corridors; and

h) maximise the use of water sensitive urban design measures.

Prescriptive Measures

1. The road layout is based generally on the Concept Plan. The road hierarchy is based on the following:

a) a main Spine Road which intersects with Ewingsdale Road in two places at roundabouts (Distributor road)

b) Collector roads;

c) Local roads;

d) Access Roads;

e) Laneways; and

f) Pedestrian and cycleway routes.

Typical Road Cross Sections are provided at Appendix D incorporating swales. Figure E8.4 shows typical road verge with swale and footpath. The final road layout is subject to detailed design and assessment having regards to topography, drainage, environmental factors and lot layout.

Figure E8.4: Typical Road Verge with Swale and Footpath

2. The street network layout and associated infrastructure to be carefully sited and designed, having regards to the provisions contained under E8.10.5.1 Biodiversity and Vegetation Management and in particular threatened species of flora, fauna and endangered ecological communities, habitat corridors and links.

3. Street design to provide generally no more than three (3) intersection turns to be traversed from the furthermost lot to the Ewingsdale Road entrances. Local roads in a residential zone shall be designed to discourage through traffic via traffic calming measures, such as landscaped street blisters, chicanes and on-street parking.

4. Cul-de-sacs to be a maximum of 200m in length and for a maximum of 25 dwellings. Cul-de-sacs are to provide for pedestrian and cycle permeability.

5. Formal entry statement to be provided at both entrances from Ewingsdale Road through fencing and landscaping and changes in road pavement. Each neighbourhood area (including the Village centre and Industrial precinct) to provide a distinctive entry statement by way of changes to the road pavement material at the entrance.

6. Formal pedestrian crossings to be clearly delineated through changes in road pavement material and or raised, plus appropriate signage and line marking as required.

7. Except where otherwise provided for in this Chapter, all roads, streets and roundabouts are to be designed and constructed in accordance with the minimum requirements set out in the Northern Rivers Local Government Development Design and Construction Manual.

8. For all local roads and access roads, traffic management, (i.e. road layout and/or speed reducing devices), to be used to produce a low speed traffic environment. Such traffic management devices are to be identified at the time of the subdivision application.

9. Laneways that are solely designed for back of house access and egress in the residential and business zones to be contained within a minimum 6 metre wide road reserve with a 6 metre wide pavement based on vehicle design speeds of 15kmh The laneway to generally service no more than 300 vehicles per day. The road reserve may need to be widened to accommodate services, intersections and other constraints.

10. The road through the IN2 Zone Land to terminate in a cul de sac at the boundary with Lot 181 DP755695. Alternatives to extend the road through this parcel and back to Ewingsdale Road will be considered where it can be demonstrated with a traffic study a positive outcome for traffic management on Ewingsdale Road and to enable the free flow and movement of heavy vehicles, delivery trucks and other traffic entering the IN2 Zone.

11. Four bus stops to be sited either side of the Spine Road in a minimum of two locations to facilitate public transport within the eastern and western halves of the Urban Release Area.

12. The road to incorporate nose in / 45 degree angle on-street car parking in the R3 Zone for overflow parking as required under Clause E8.10.2. The parking areas to be integrated with street landscaping including street tree blisters passively watered by WSUD, cycleways and footpath areas.

For Small Lot Subdivisions in the R3 Zone (<350m²) comprising four or more lots nose in or angle parking as per Clause E8.10.2 is required with rear lane access

Figure E8.5: Road and parking design combined with vacant small lot subdivision

E8.10.4 Stormwater Water Management

Objectives

1. To facilitate the disposal of stormwater in a sustainable manner.

2. To maintain and improve the quality of water entering Belongil Creek.

3. To ensure groundwater levels are considered in the management of stormwater.

Performance Criteria

1. To enable stormwater to be managed in accordance with the concept of Water Sensitive Urban Design.

2. To enable stormwater infrastructure in the main drain to also become environmental features for native flora and fauna, habitat corridors and to facilitate pedestrian and cycling access.

3. To ensure a coordinated response to the design of stormwater infrastructure combined with landscaping and the built form in the public and private realm.

4. To provide stormwater infrastructure that can be readily maintained at minimum cost to Council and the public.

5. Groundwater levels are not to be significantly altered by stormwater works in areas of actual or potential acid sulphate soils or such impacts are appropriately managed

6. Vegetated buffers are provided around stormwater infrastructure and to trap sediments, nutrients and pollutants from the surrounding environment

7. Stormwater is managed to maintain appropriate water quality and levels for wallum froglet and wallum sedge frog habitat.

Prescriptive measures

1. A detailed Stormwater Management Plan to be submitted with the Stage 1 Development Application for approval by Council based on the concept of Water Sensitive Urban Design. The plan is to be for the entire Urban Release Area of West Byron and include the following:

a) Outline stormwater treatment facilities, infrastructure and landscaping associated with water sensitive urban design measures.

b) Be consistent with the stormwater requirements of Chapter D6 Subdivision of Byron DCP 2014 and the Northern Rivers Development and Design Manual unless otherwise agreed to by Council;

c) Demonstrate through stormwater modelling that the proposed development will not adversely impact the coastal wetlands, Belongil Creek or Cape Byron Marine Park;

d) Demonstrate a lawful point of discharge for all stormwater outlets. Where Union Drains and other private infrastructure is to be accessed, details to be provided on lawful access and ability for such drains to be maintained legally by Council.

e) Works within the main drain including excavation and widening, environmental embellishment and access arrangements for pedestrians, cyclist and maintenance vehicles to be generally consistent with the Concept Plan for West Byron;

f) Any stormwater detention/ treatment basins are to be limited in number for ease of maintenance. (N.B. preference will be given to the design and construction of larger basin(s) rather than multiple smaller basins/ponds);

g) Landscaping as part of the WSUD Strategy for West Byron to provide details on:

i) Soils, mulch and sub-grade treatment. The plans should reference relevant engineering drawings for filter media requirements;

ii) Contours and spot levels;

iii) Proposed plant species (only native species to be used – except where turf is utilised in swales), including the plant’s botanical name, planting height, quantities and densities;

iv) existing vegetation proposed to be retained and details of proposed protection measures;

v) Planting specification notes are required to include details on plant procurement, timing, maturity, preparing filter media, mulching, planting procedures, watering and the acceptable measures of successfully established plants; and

vi) Any targeted habitat improvement for threatened or endangered species.

h) Outline any requirements for ongoing monitoring of water quality impacts and measures for managing Acid Sulfate Soils;

i) Outline mitigation measures to minimise mosquitoes;

j) Be consistent with other stormwater measures included in this DCP Chapter;

k) Staging and timing of works and financial responsibility for construction.

l) Identify any additional stormwater detention requirements for subdivision and subsequent development in the residential, business and industrial zones;

m) Outline long term management, ownership and maintenance arrangements for all stormwater infrastructure. An extended maintenance period to be provided for WSUD measures. Typically this will require that 90% of dwellings are substantially commenced within the development sub-catchment associated with the relevant treatment measure;

n) Baseline studies to be prepared of water quality of surface and groundwater and within drainage lines across the site. The Studies to consider wet and dry period, tidal movements and incorporate sampling upstream (eg Arts and Industrial Estate) and Down Stream (eg Belongil Creek);

o) Identification of all areas proposed for fill or other major earth works and an assessment of impacts on stormwater runoff, ground water levels, acid sulphate soils and wallum froglet and wallum sedge frog habitat and identification of effective mitigation measures where impacts can’t be avoided.

p) Detailed designs for the central drainage line that identify impacts on the watertables in the vicinity of Acid Sulfate Soils and minimises damage to existing native vegetation.

q) A monitoring regime for Belongil Creek to ensure a Neutral or Beneficial Impact (NorBE) is being achieved for the creek. Target criteria for water quality including litter, coarse sediments, fine particles, total phosphorus and nitrogen and hydrocarbons to be nominated consistent with the Northern Rivers Development Local Government Design Manual. The monitoring regime to be applied to assess impacts as the development proceeds from the start of construction for a period of 10 years.

2. The embellishment of the main drain through the site and the secondary drain on the Belongil Fields site to be carefully designed to protect high environmental value vegetation. The drain(s) to be strategically widened at areas with limited conservation value. Where vegetation is proposed to be removed, details to be provided under Section E8.10.5.1.

3. Any subsequent development application is to be consistent with the Stormwater Management Plan.

4. Construction water quality impacts are to be mitigated through appropriate erosion and sediment controls in accordance with Managing Urban Stormwater - Soils and Construction ('The Blue Book').

E8.10.5 Biodiversity, Vegetation Management and Landscaping

The subject site provides important habitat for a range of species and ecological communities including koalas, wallum froglet, wallum sedge frog, blossom bat and remnant coastal cypress pine communities. A voluntary planning agreement has been signed between the Minister for Planning and the landowners requiring a vegetation management plan to be prepared addressing matters such as a program and implementation strategy of environmental management works for the land zoned E2 Environmental Conservation. Vegetation management however will need to apply to the entire site, and any native vegetation that is proposed to be removed from within the urban footprint will need to be appropriately compensated. Landscaping will play an important role as part of the overall environmental management of the site, and will enhance habitat attributes, whilst also playing a part in the management of stormwater. The following controls apply:

E8.10.5.1 Biodiversity and Vegetation Management

Objectives

1. Maintain and improve habitat and ecosystem connectivity;

2. Protect biodiversity values of the site particularly within E2 Environmental Conservation and E3 Environmental Management zoned land including flora, fauna, habitat, wetlands, and the riparian areas of Belongil Creek.

3. Maintain or improve the ecological and hydrological functions and values of Belongil Creek

4. Environmental buffers to sensitive ecological areas

5. Improve koala ecological values on the site.

Performance Criteria

1. Ensure that a comprehensive Biodiversity Conservation Management Plan, including identified sub-plans, is prepared and approved to minimize and offset the impact of development on the site with the Stage 1 Development Application.

2. Environmental buffers to sensitive ecological areas to be revegetated or restored, with development located outside environmental buffers.

3. Protect potential and core koala habitat areas from development that would compromise habitat quality and integrity and enhance koala habitat to provide connectivity links to facilitate the natural movement of koalas.

4. Protect, maintain and enhance key habitat corridors to improve linkages between habitats.

5. Improve biodiversity on the site by rehabilitating and re-vegetating areas identified for conservation within an established timeframe for delivery.

6. Mitigation of direct and indirect impacts of development on drainage lines and riparian areas.

7. To identify, protect and maintain wallum froglet and wallum sedge frog habitat areas where appropriate and to provide additional wallum froglet and wallum sedge frog habitat areas within the West Byron Site, so that there is no net loss in habitat.

Prescriptive Measures

1. A comprehensive Biodiversity Conservation Management Plan is required to be prepared for the Stage 1 Development Application. The plan is to be for the entire Urban Release Area and to include the following:

a) identification of existing vegetation to be retained;

b) the types of vegetation management works required and how those works will be implemented, including allocation of responsibility for funding works;

c) an initial five-year implementation program setting out habitat restoration and management works including strategies for planting, weed control and maintenance based on strengthening general key habitat corridors along the eastern and southern periphery of the Urban Release Area (See Figure E8.6 below). Such works are to be incorporated into the first Construction Certificate for the site to ensure any compensatory planting that may be required is established as West Byron is gradually developed;

d) details of responsibility for the ongoing management of habitat areas in the E2 and E3 Zones following the initial five year implementation program;

e) methods to prevent the introduction of exotic pest species or to manage and reduce pest species already present;

f) methods to reduce potential for bird strikes into windows of buildings;

g) details of ongoing monitoring, reporting to Council and processes for adaptive management where necessary;

h) The Vegetation Management Plan for the E2 Zone as required under the Voluntary Planning Agreement (VPA) dated 21/10/14 to be incorporated into the comprehensive Biodiversity Conservation Management Plan. The plan to address threatened species, SEPP 44 Koala Habitat Protection, measures to manage Belongil Creek and the requirements of the VPA. The plan can be detailed in the following sub plans:

i) Threatened species management plan providing details on any expected impacts on threatened species or their habitat, how such impacts will be avoided as far as practical or mitigated if necessary, and how any impacts will be compensated through rehabilitation and revegetation work. Council records indicate the site provides habitat for wallum sedgefrog and the wallum tree frog. The management plan is to address the National Recovery Plan for Wallum Sedgefrogs and other wallum dependant frog species.

ii) A Belongil Creek Plan of Management to be prepared in consultation with the relevant land owner and provide for bushland restoration on land adjacent to the creek and within riparian buffers provided by the E2 conservation zones, weed control and habitat restoration along drainage lines. Any new culverts over existing water crossings to provide improvements in water quality and fish passage

iii) A Koala Plan of Management (KPOM) is to be prepared in accordance with the requirements of State Environmental Planning Policy No. 44 – Koala Habitat Protection. Should Council have an adopted KPOM for the area, Applicants have the choice to use this plan or prepare their own plan. An Individual KPOM as a minimum to address the following:

· SEPP 44 Guidelines for Individual KPOMs

· Potential and Core Koala Habitat on and surrounding the site

· Rehabilitation of habitat in the E Zones to focus on Koala Habitat restoration to address any compensation requirement and to provide or embellish linkages between potential and core koala habitat areas

· measures to protect existing koalas whilst new habitat is being established.

· details of koala friendly crossings under / over Ewingsdale Road, and timing and responsibility for their delivery.

· other measures to protect koalas including reduced vehicle speeds and traffic calming measures, development fencing, dog prohibition or control, pool safety through design measures such as ramps or “beaches”, control on construction activities, signage, appropriate building envelopes having regards to bushfire requirements for asset protection zones.

2. Revegetation and rehabilitation works are to be delivered in accordance with the Biodiversity Conservation Management Plan and the sub plans, and is to be based on the Concept Plan in Appendix B. All plantings should use species locally sourced with local genetics, and include the aim of achieving a 90% survival rate.

3. Development applications for subdivision (excluding subdivision for the consolidation of lots that does not create additional lots or the opportunity for additional dwellings, boundary adjustments or to dedicate land for a public purpose) are to:

a) Address the relevant statutory considerations under the Environmental Planning and Assessment Act 1979 (specifically Section 5A, 5C and Section 79C) consider potential impacts to:

i) threatened species, populations and endangered ecological communities under the Threatened Species Conservation Act 1995 and the Environmental Protection and Biodiversity Conservation Act 1999

ii) SEPP 14 Wetlands and SEPP 44 Koala Habitat Protection

iii) Relevant provisions of the Water Management Act 2000, Fisheries Management Act 1994, Marine Parks Act 1997 and the Native Vegetation Act 2003

iv) Be accompanied by a detailed ecological assessment including habitat values, location and extent of any habitat proposed for removal and offset location, extent and timing.

b) Identify buffers between development (in zones R2 Low Density Residential, R3 Medium Density Residential, IN2 Light Industrial, B1 Neighbourhood Centre) and any land zoned E2 or E3 and provide a plan of management for the buffers and the zone interface. Buffers or buffer zones are not required between E2 and E3 zones. Buffer management plans must:

i) Mitigate direct and indirect impacts from development in order to protect the integrity and health of the natural environment.

ii) Avoid negative impacts on the natural environment and ensure retention and enhancement of those functions and characteristics that are important to biodiversity conservation, landform stability, erosion management, hydraulic function and other important natural, geophysical and biophysical processes.

iii) Provide a minimum width buffer of 20 metres. The buffer can include a perimeter road/ bushfire trail for bushfire protection purposes provided that road is located outside of the E2 and E3 zone and comprises a minimum vegetated edge adjacent to the E2 and E3 zone of 7 metres. Cycleways and pedestrian paths are also acceptable within buffer areas. Where required the vegetated edge to the E3 Zone to be widened to 10 metres to provide for a suitable level of amenity to properties in the E3 Zone off Melaleuca Drive.

iv) Incorporate existing native vegetation into the buffer.

v) Provide details on long term management and responsibility.

4. Landscaping of drainage lines, parks, reserves, road buffers and other large areas within the urban footprint of the Urban Release Area to be designed to enhance biodiversity values and habitat linkages. Concept landscaping plan to be submitted with development applications for subdivision which form one or more stages of the proposal for West Byron.

5. The road network within the south eastern perimeter of the Urban Release Area including vehicle access from the main residential areas to include traffic calming measures such as narrower road widths including chicanes and or one way traffic flows to facilitate the movement of fauna through this area from the E3 Zones to the E2 Zones. Other options to regulate and limit through traffic in this area is to develop Lot 1 DP 780242 and Lot 229 DP 755695 as community title/ strata title residential estates with an “Environmental Living Theme” and incorporate surrounding E2 and E3 Zoned land into the common/ neighbourhood property for ongoing management.

6. Any roads, cycleways, pedestrian footpaths, bushfire trails and other necessary infrastructure that traverses into or across the E2 and E3 Zone to be sited to minimise impacts on the environmental qualities of native vegetation and habitat in those zones by utilising existing breaks in the native vegetation and or siting and designing such works to have minimal disturbance (eg narrow road width/ locate where weeds and exotics are to be removed, signage for wildlife crossings etc). Details to be submitted with the development application.

7. For ongoing removal of trees and vegetation after West Byron is developed, land owners to comply with Chapter B2 Preservation of Trees and Other Vegetation, and any requirements of the Biodiversity Conservation Management Plan approved under this Chapter.

8. Despite the provisions of Clause E8.3, residual areas outside of the Urban Release Area in Lots 227 and 229 DP 755695, Lot 9 DP 111821, and Lot 2 DP818403 to be incorporated into the Biodiversity Conservation Management Plan as required.

9. The keeping of cats and dogs other than guide dogs is to be prohibited. Any plan of subdivision to include an appropriately worded S.88B instrument in relation to keeping such pets. The prohibition to also apply to community title and strata tittle subdivisions and to be incorporated into Strata Plans of Management and or Neighbourhood Management plans and the like. Appropriate conditions to apply for applications to residential development including multi dwelling housing, integrated housing, dwelling houses, dual occupancy and secondary dwellings.

Figure E8.6: General Habitat Corridors to be Strengthened

(as denoted by orange arrows)

E8.10.5.2 Landscaping

Objectives

1. Landscaping to provide for the enhancement of the biodiversity values of the Urban Release Area.

2. To be an integral part of the development of the site to provide attractive and aesthetically pleasing environments.

Performance Criteria

1. Native vegetation to be retained where possible and incorporated into landscaping.

2. Landscaping to reflect the subtropical character of Byron Bay.

3. Landscaping to be an integrated into street and park designs and stormwater management through Water Sensitive Urban Design (WSUD) with street trees provided throughout the subdivision.

Prescriptive Measures

1. Landscape plans to be submitted with all development applications for:

a) Subdivision

b) Multi dwelling housing

c) Residential flat buildings

d) Dual occupancies

e) Development in the B1 and IN2 Zones and

f) As specified for any other development in DCP 2014

The Landscape Plan to be prepared in accordance with Chapter B9 of DCP 2014.

2. Applications for subdivision to identify street tree planting every 15 metres of road frontage, landscaping and plantings for drainage lines, car parks and recreational reserves to be dedicated to Council. The Landscape Plan to indicate how planting will be maintained, identify existing native vegetation to be retained, nominate species to be planted and describe any passive watering arrangements through WSUD.

3. Street trees in the B1 Zone to be incorporated into the footpath as per Appendix C – WSUD Street Tree Pit with Grate. Other treatments within West Byron include landscaping of any footpath blisters and roundabouts, and road side rain-gardens. Such landscaping to be passively watered through WSUD.

4. For minimum requirements for planting size, density and species please refer to Chapter B9 of DCP 2014. Locally indigenous species are to be predominantly used in landscaping. Street trees are to have a general maturity height of 10 metres and a canopy diameter of 8 meters to provide shade and assist with managing the micro climate. No species listed as undesirable in Chapter B2 of DCP 2014 are to be used in landscaping on any site.

Figure E8.7: Street Tree Landscaping

5. Where feasible, edible landscapes (bush tucker and other fruit trees and vegetation) can be used in selected areas throughout the Urban Release Area including sections of the public reserve and as landscaping for development on private property. Details to be submitted with the development application where such vegetation is being proposed for assessment.

E8.10.6 Public Facilities, Services and Infrastructure

Objectives

1. To provide guidance for public facilities, services and general infrastructure.

Performance Criteria

1. To establish controls for infrastructure, public car parking areas, cycleways and footpaths that services the needs of residents, workers and visitors.

Prescriptive Measures

1. General Infrastructure

a) The subdivision shall be fully serviced with water, sewer, roads, drainage and underground electricity and telecommunication services. The telecommunication service to be designed to connect to the National Broadband Network. This service infrastructure may be constructed on a staged basis to accommodate the staged release of land.

b) Street lighting to be provided in accordance with Chapter D6 of DCP 2014. Where agreed to by the electricity provider, LED street lighting or solar power lighting will be considered.

c) All service infrastructure is to be designed and constructed in accordance with the Northern Rivers Local Government Development and Design Manual.

d) Service infrastructure internal to the development site shall be provided by the developer at no cost to Council.

2. Dual Reticulation Water

a) A dual-reticulation water supply for non-potable water is to be provided to all lots in the IN2 Light Industrial Zone and the B1 Neighbourhood Centre Zone as a minimum.

b) The developer shall incorporate on the Certificate of Title for all allotments Restrictions as to User which require all dwellings and buildings with plumbing (including commercial, industrial buildings and the like) to make provision for non-potable water service plumbing and facilities to the satisfaction of Council

3. Public car parking

a) attachment Public car parking areas to be designed and constructed to meet the minimum standards within the Northern Rivers Local Government Development Design Manual and the relevant Australian Standards.

b) Such areas to be dedicated at no cost to Council after construction and at the end of the relevant maintenance periods.

c) Car parks to be appropriately landscaped with shade trees in accordance with Chapters B4 and B9 of DCP 2014 and passively watered through WSUD.

d) Applicants are to consider the installation of an electric vehicle charging station for major car parking areas around the B1 Zone. (Note: Opportunities may exist to partner with Council and other organisations with the design and installation of such infrastructure as per the Byron Shire Low Carbon Strategy)

4. Cycleways and Footpaths

a) To be suitably sited and designed to provide for the effective movement of people throughout the West Byron Site linking residential precincts with one another, the village centre, and the open space recreational areas. As a minimum 1.2 metre wide concrete footpaths to be provided on one side of all access roads and both sides of local, collector and distributor roads. Laneways to be shared with pedestrians and cyclists.

b) To connect with existing cycling pedestrian infrastructure in Ewingsdale Road and beyond.

c) Cycleways, bike parking and storage facilities to comply with Chapter B5 of DCP 2014.

d) Cycleway footpath along the main drain to be designed and constructed as an exercise/ fitness trail with designated training stops with appropriate equipment in three places approximately 400 - 500 metres apart.

5. Bus Stops

The road network is to be designed to provide for designated bus routes and bus stops in locations which provide safe and convenient access for residents.

6. Public access to Belongil Creek

No public access to be provided to Belongil Creek

Figure E8.8: Example of exercise equipment on soft fall material

E8.10.7 Recreational Areas

Objectives

1. To help engender a sense of community.

2. To help to promote social interaction, community health and wellbeing.

3. To provide a network of active and passive open recreational areas

Performance Criteria

1. Lots are to be within walking and cycling distance to a neighbourhood park

2. Parks are to include a range of recreational facilities

3. Neighbourhood parks need to be designed to meet the Crime Prevention through Environmental Design (CPTED) principles and Active Living criteria.

Prescriptive Measures

1. Residential lots are to be approximately 500 metres from the nearest neighbourhood park.

2. Outside of the two areas zoned RE1 any other neighbourhood park provided within the development site to have a usable area of approx. 0.2 hectares.

3. Neighbourhood parks are to be provided with the following facilities:

a) A hard stand play area (e.g. half court basketball/ skate area) to be provided in one of the RE1 Zoned Parks as a minimum;

b) Be designed and sited such that adjoining development can provide casual surveillance of the park. Be designed and located so as to maximise street frontage and encourage natural surveillance from surrounding residents;

c) Be situated on land that is readily accessible to the surrounding dwellings and physically connected to the cycleway/ pedestrian network;

d) Be equipped with play equipment, park furniture including seating for adults and toilet amenities;

e) Include soft-fall under all play equipment in accordance with the relevant Australian Standards;

f) Appropriate shade cover over play equipment;

g) Provide an electric BBQ, two roofed picnic tables, rubbish bins on stands to be provided in one of the areas zoned RE1;

h) Be landscaped with appropriate plantings of local native trees (no exotics) and weeds to be removed. Trees must have non-invasive root systems and be suitable for under-pruning as they develop to allow mower egress and undisturbed lines of sight. Vacant areas to be turfed with a suitable lawn species for mowing and incorporate earth mounds to provide visual interest and general play areas.

i) Adequate lighting be provided for crime prevention purposes.

j) The RE1 zoned land adjacent to the B1 Zone to provide for a village square or piazza as a community focal point and a casual meeting place for social interaction.

k) Other features such as a chess tables, bocce courts, ground level garden labyrinth or concrete table tennis facilities will also be considered on merit having regards to ongoing maintenance costs and the anticipated demographics of residents.

l) A footbridge for pedestrians and cyclist over the Main Drain in the Central Park on Ewingsdale Road.

4. Developer contributions credits will be provided for the provision and embellishment of new neighbourhood parks in accordance with Council’s Development Contribution Plan.

5. Other community uses for the parks such as community gardens and as a site for public art will be considered on merit. Where this is proposed, car parking, water and toilet amenities will be required for the community gardeners as a minimum. Any public art proposed will need to be consistent with the Byron Shire Cultural Plan and the Public Art Policy.

DSCF7945 DSCF7871

Park with play equipment and park furniture within a landscaped setting.

Multipurpose concrete basketball half court and skate rail.

Figure E8.9: Examples of playground equipment

Note: – for further information on Community Gardens please see the Byron Shire Community Gardens Policy (10/012)

E8.10.8 Hazards and Constraints

Flooding, acid, sulfate soils, ground water, bushfire, mosquitoes, contamination and potential odour from the adjacent chicken processing plant on Ewingsdale Road have been identified as hazards and constraints affecting the site. The following specific controls apply.

E8.10.8.1 Flooding

Objectives

1. Minimise the flood risk to life and property associated with the use of land.

2. Allow development on land that is compatible with the land’s flood hazard, taking into account potential changes as a result of climate change.

3. Avoid significant adverse impacts on flood behaviour and the environment.

4. Ensure that development does not have a significant impact on pre-development flood levels and flows.

Performance Criteria

1. Development shall be generally designed so that it is not affected by flooding.

2. Ensure that safe evacuation can be provided during flood events for land up to the probable maximum flood level.

3. Enable limited filling on flood prone land to facilitate the design and construction of stormwater infrastructure and to ensure residential development can meet the habitable floor level.

4. Demonstrate that the filling of flood prone lands and other earthworks do not result in any significant adverse flooding or environmental issues for adjoining land including stormwater overland flow paths.

5. Building design and levels are to consider climate change impacts including sea level rises.

Prescriptive Measures

1. The provisions of Byron DCP 2014: Chapter C2 – Areas Affected by Flooding apply to the site.

2. Development to comply with the adopted Belongil Creek Floodplain Risk Management Study and Plan, and the NSW Flood Plain Development Manual, 2005.

E8.10.8.2 Acid Sulfate Soils

Objectives

1. To ensure that acid sulfate soils do not result in water quality or other environmental impacts.

Performance Criteria

1. Where acid sulfate soils may be exposed such as from earthworks, installation of infrastructure, reshaping stormwater drains, construction of footings for buildings and swimming pools, details to be submitted with the development application how such soils will be managed to ensure no adverse impacts on the environment.

2. Where the watertable in the vicinity of Acid Sulphate Soils maybe affected by hydrological changes associated with drainage works or alteration in rainfall infiltration and runoff, an assessment must be undertaken to assess the likely consequences on groundwater and surface water quality and effective.

3. Effective mitigation measures are identified to ensure there is no deterioration in water quality in drains or the Belongil Estuary.

Prescriptive Measures

1. An Acid Sulfate Soil Management Plan is required to be submitted with any development application for Stages 1 and 2 which would result in interception of the local groundwater or acid sulphate soils to suitably mitigate the potential impacts arising from the disturbance.

2. The Acid Sulfate Soils Management Plan is required to be prepared in accordance with the Acid Sulphate Soils Manual and include the following:

a) Identification of activities that are expected to intersect and disturb acid sulphate soils

b) Identification of the acid sulphate soils risks and identified acid sulphate soils layers on site

c) Estimation of volumes of acid sulphate soils requiring treatment and proposed treatment measures;

d) Estimated liming rates and treatment procedures

e) Validation procedures and target criteria of treated soils

f) Monitoring protocols and target criteria as per the ASSMAC guidelines for surface and groundwaters within the site.

g) Monitoring protocols for Belongil Creek including baseline data and target criteria for water quality and ph levels as per ANZECC/NHMRC Guidelines.

h) Include a generic management plan for the use of landowners and developers of vacant residential lots after Stage 1 and 2 has been completed. The Plan to address standard development issues such as footing for a dwelling and earthworks for services to the house.

Note: The Preliminary Acid Sulfate Soils Assessment by Southern Cross University Environmental Analysis Laboratory dated December 2010 provides background information on acid sulfate soils for West Byron.

E8.10.8.3 Groundwater

Objectives

1. Mitigate impacts on groundwater having regard to the high water table present on the site.

2. To maintain existing groundwater level in the vicinity of wallum sedge frog and Wallum froglet habitats and wetlands

Performance Criteria

1. Groundwater to be managed in accordance with best practice guidelines including the Acid Sulfate Soils Manual.

2. Groundwater quality is to be maintained and levels are not lowered in the vicinity of wallum sedge frog and wallum froglet habitats and wetlands.

Prescriptive Measures

1. Any development application involving excavation works is to identify:

a) The depth of the excavation works

b) Any potential interaction with the water table

c) Associated impacts on groundwater

d) Any potential risk associated with acid sulfate soils

and as necessary include appropriate measures to mitigate any impacts.

2. Any development application involving stormwater detention infrastructure such as bio-retention basins, constructed ponds, wetlands and vegetated swales is to demonstrate how any potential groundwater impacts will be mitigated. This may require the base of associated excavations to be at least 1 metre above the water table or where this is not possible, the use of impermeable liners.

3. The ph and water levels of groundwater near and or adjacent to wallum sedge frog and wallum froglet habitat and wetlands not to be altered such that it impacts on the health of that habitat for the frogs.

Note: Where dewatering is proposed, additional approvals may be required under the Water Management Act 2000. Applicants are encouraged to contact the NSW Office of Water to avail themselves of the Offices requirements

Note: Acid sulfate soil provisions in Byron LEP 1988 apply to the Urban Release Area.

E8.10.8.4 Bushfire

Objectives

1. Reduce the risk to human life and property from bushfires.

2. Encourage sound management of bushfire prone areas.

Performance Criteria

1. Ensure development is appropriately sited and designed on bushfire prone land.

2. Appropriate access and services are provided to developments to facilitate the safe access and egress of residents and emergency personnel in the event of a bushfire, and water supply is provided for firefighting purposes.

Prescriptive Measures

1. Subdivision and development applications are to comply with Planning for Bushfire Protection 2006 (NSW Rural Fire Service), including measures for perimeter roads, fire trails and reticulated water for fire fighting purposes.

2. Development applications are to be accompanied by accurately mapped plans and details for each affected lot setting out the location and widths of asset protection zones (APZs) and building envelopes for constrained lots.

3. Asset protection zones:

a) Are to be located wholly within the Urban Release Area and wholly located outside of the E2 Environmental Conservation and E3 Environmental Management Zone (unless specifically required for development within those zones);

b) May incorporate roads and flood prone land;

c) May be used for open space and recreation subject to appropriate fuel management;

d) May incorporate the building setback on private residential land;

e) Are not to increase the maintenance burden on public lands; and

4. Water supply is to be via a ring main system, engineered to the requirements of Australian Standard 2419.1-1994 Fire Hydrant Installations.

5. Buildings adjacent to APZs are to be constructed in accordance with the requirements of Appendix 3 of Planning for Bushfire Protection 2006 and Australian Standard 3959-1999 - Construction of Building in Bushfire Prone Areas.

6. Where a lot fronts and partially incorporates an APZ it is to have sufficient depth to accommodate a dwelling with private open space and the minimum required APZ. The APZ and building envelope is to be identified through a Section 88B instrument.

7. Temporary APZs, identified through a Section 88B instrument, will be required where development is proposed on lots next to undeveloped land. Once the adjacent stage of development is undertaken, the temporary APZ will no longer be required and shall cease.

8. The bushfire assessment to address potential risk from a peat fire.

Note: Technical Study Bushfire Assessment S.100B Rural Fires Act 1997 (Proposed Rezoning of Land at West Byron on behalf of Byron Bay West Landowners Association) prepared by LandPartners (December 2010) is relevant to this section.

Note: Certain proposals on bushfire prone land, including subdivision of land for residential purposes, child care centres, seniors housing and retirement villages will require an approval (Bushfire Safety Authority) under Section 100B of the Rural Fires Act 1997. Applicants should avail themselves of the requirements of the NSW Rural Fire Service (RFS) and include a detailed Bushfire report from a suitably qualified professional with the development application to enable assessment by the RFS and issue approval as appropriate.

E8.10.8.5 Odour

Objective

1. Mitigate the impacts on future development of odour generated by the poultry processing plant located outside and to the west of the site on Ewingsdale Road.

Performance Criteria

There are no performance criteria.

Prescriptive Measures

1. The first development application within the 2 Odour Unit (OU) contour as shown in Figure E8.10 is to be accompanied by details of a dense vegetation buffer to be planted along the western boundary within the site. The extent and requirements for the buffer are to be informed by odour modelling.

Figure E8.10: Predicted 2 Odour Unit Contour for Poultry Processing Plant

2. Sensitive land uses (e.g. child care facilities) are not to be located within the 2 odour unit contour identified in Figure E8.10.

3. Development applications within the 2 odour unit contour identified in Figure E8.10 are to be accompanied by a land use conflict risk assessment in accordance with the Land Use Conflict Risk Assessment Guide (Department of Primary Industries 2011), and outline odour mitigation strategies that may include (but is not limited to):

a) Additional vegetation

b) Appropriate land use siting

c) Site layout and building orientation

d) Design of natural air flow and ventilation

e) Use of mechanical heating/cooling/ventilation.

4. The extent of the 2 odour unit (ou) contour is based on Figure E8.10, unless it can be demonstrated through appropriate modelling that the contour has been reduced, for example through the provision of the vegetation buffer required along the western boundary, or as a result of odour reduction at the source.

5. Where it can be demonstrated that the Poultry Processing Plant has been closed and will not be re-opened and or redeveloped for a similar offensive use utilising existing use or existing consent rights, the above requirements may not apply. Details to be submitted with the development application.

Note: Technical study Odour and Air Quality Constraints prepared by PAEHolmes (20 December 2010) is relevant to this section and includes recommendations in relation to the dense vegetation buffer.

E8.10.8.6 Contamination

Objective

1. Ensure the site is suitable for development in terms of past land uses

2. Any contaminated land is appropriately remediated.

Performance Criteria

There are no performance criteria.

Prescriptive Measures

1. Development applications are to address the matters for consideration under Clause 7 of SEPP 55 Remediation of Contaminated Lands.

2. Where sites are found to be contaminated, details to be provided to Council by a suitably qualified professional demonstrating how the site will be remediated having regards to the proposed use.

Note: Preliminary Contaminated Land Assessment as Part of a State Significant Site Study at West Byron Urban Release Area, Byron Bay NSW (EAL, 14 December 2010) is relevant to this section.

E8.10.8.7 Mosquitoes

Objectives

1. Minimise mosquito hazard to residents.

2. To remove the need for coordinated management of mosquitoes from Council or other public bodies in the medium to long term post development.

Performance Criteria

There are no performance criteria.

Prescriptive Measures

1. Subdivision development to incorporate design measures to limit the habitat for mosquitoes within the Urban Release Area. Such measures to be incorporated into the design of development to include (but are not limited to).

a) Stormwater ponds and artificial wetlands to be located in open areas to enable wind action to create surface waves that will disrupt mosquito breeding and reduce habitat refuges for immature mosquitoes.

b) Stormwater swales to be designed to ensure ponding or standing water does not occur after rainfall events.

c) Asset Protection Zones for Bushfire Protection Purposes around residential development to be suitable designed and sited to reduce habitat for mosquitoes, and harbourage sites which can act as “stepping stones” that facilitate the movement of mosquitoes from denser vegetated areas into residential neighbourhoods.

2. Residential development to incorporate measures to minimise mosquito impacts, to include (but are not limited to):

a) Cross flow ventilation for dwellings;

b) Fitting of insect screens to dwelling openings including door and windows;

c) Appropriate plant selection and management of garden vegetation to reduce habitat opportunities for mosquitoes;

d) Location, design and management of any individual stormwater treatment systems;

e) Leaf guard on roof guttering to reduce potential for water to pond in gutters; and

f) The inlet and outlet (overflow) of rainwater tanks to be effectively screened with stainless steel or other durable materials to prevent entry to the tank by mosquitoes. Inlet filters must be readily removable for cleaning.

Note: The Mosquito Risk Assessment: West Byron Bay NSW (Sydney West Area Health Service, December 2010) is relevant to this section.

E8.10.8.8 Buffer to Ewingsdale Road

Objectives

1. To ensure the development is appropriately screened from Ewingsdale Road with landscaping.

2. To provide suitable buffers and amelioration measures for vehicle noise which may impact on future residents.

Performance Criteria

Noise attenuation measures along Ewingsdale Road to comply with the RMS Noise Mitigation Guideline and the Noise Wall Design Guideline, and are to be incorporated into the subdivisions design, layout and built form and not passed onto future residents to complete with the design and construction of dwelling houses.

Prescriptive Measures

1. A landscaped buffer including both physical barriers and earth mounds adjacent to Ewingsdale Road to be incorporated into the subdivision design generally in accordance with Figure E8.11 for the full length of the West Byron Site zoned IN2, R2 and R3, subject to all required road, drainage, cycleway, services and landscaping being able to be located within the road reserve.

2. The final height and design of the barrier to be supported by an acoustic noise assessment report prepared in accordance with the NSW Road Noise Policy 2011 demonstrating that future residential dwellings will not be adversely affected by traffic noise on Ewingsdale Road.

3. The buffer to be landscaped with native trees and vegetation to conceal the mounds and barriers, and to provide a general visual screen to the development in West Byron. A concept landscape plan to be submitted with the development application in accordance with B9 of DCP 2014.

4. The buffer can be erected in stages. Details to be submitted with the Development Application as to any staging arrangements.

Table E8.3 - Key Controls for Dwelling Houses, Dual Occupancy (attached and detached), multi-dwelling housing and integrated development permissible under Clause 83 of Byron LEP 1988 in the R2 and R3 Zones

· Performance Criteria	· Prescriptive Measures – R2 Zone		· Prescriptive Measures – R3 Zone
1. Location of Development
To ensure residential land has been suitably designed and orientated to accommodate residential development comprising more than 1 dwelling.	For Dual occupancy, multi dwelling housing, residential flat buildings and integrated housing, the land has been identified at the subdivision stage for this type of development.		Not applicable in the R3 Zone
2. Minimum Frontage
Properties are to be of a suitable width to ensure garages, car port and car parking do not dominate the front facade. Safe vehicle access and egress is provided to the development.	a. Garages, car ports and car parking areas consume no more than 40% of the main street frontage width. b. Where development is located on splayed and battleaxe handle arrangements the development to demonstrate that vehicles can enter and leave in a forward direction. Driveways to comply with AS 2890 and Chapter B3 of Byron DCP 2014. For three or more dwellings passing bays with two way access/ egress will be required at the street frontage. c. For development comprising three or more dwellings, corner lots with a shared access on the narrower secondary street frontage is preferable to individual access from the main frontage.		See R2 Controls
3. Setbacks - Streets - Corner Lots - Lanes
Residential development to be designed with suitable setbacks to the street: a. To delineate a clear transition between the public and private domain; b. as an extension to residents landscaped open space area; and c. to ensure safe vehicle access into and out of the property.	a. Front setback to be 4.5 metres from front boundary to building b. Garage line to be 5.5.metres from front boundary c. Corner lots – 3 metres setback from secondary street boundary to building. d. Rear Lanes – 0.9 metres to the dwelling, 2.5 metres to any garage or car port		Same as R2 Zone except front setback is 3.5 metres from front boundary to building
4. Side and rear setback
Side and rear setbacks: a. To provide spatial separation between dwellings in relation to privacy and amenity. b. To enable climate control devices over windows and doors to encroach into the setback. c. To allow zero line setbacks for certain types of residential development	In addition to any setback requirements under the Building Code of Australia the following minimums will apply a. For single storey dwellings - 0.9 metres setback. b. For two storey buildings - 2.5 metres setback for the second storey or any part of the building higher than 4.5 metres. c. Eaves and gutters, canopies and other climate control devices over windows and doors permitted to encroach into the setback. d. Reduced setbacks down to zero line are permitted for attached dual occupancy, multi dwelling housing and integrated development for shared boundaries between the proposed dwellings.		In addition to any setback requirements under the Building Code of Australia the following minimums will apply a. For single storey dwellings - 0.9 metres setback. b. For two storey buildings – 1.5 metres setback for the second storey or any part of the building higher than 4.5 metres. c. Eaves and gutters, canopies and other climate control devices over windows and doors permitted to encroach into the setback. d. Reduced setbacks down to zero line are permitted for attached dual occupancy, multi dwelling housing and integrated development for shared boundaries between the proposed dwellings.
5. Building height
To ensure development maintains the general low rise - two storey nature of residential development in Byron Shire	a. 9 metres as per Byron LEP 1988 b. Shadow plans required for any two storey proposal for mid winter at 9am, 12 midday and 3pm. Such plans to be provided in plan view as a minimum. c. Any third storey elements to be integrated into the roof/ attic space or as a mezzanine level.		Same for R2 Zone
6. Upper level development
Upper level development: a. To maintain neighbourhood privacy and amenity. b. To limit the potential for overlooking into neighbouring properties from upper levels through design. c. To minimize overshadowing of neighbouring properties private open space areas during the winter months	a. Upper level development to be primarily utilised for bedrooms, bathrooms and study areas. b. Main living and kitchen areas to be situated on the ground floor, except where orientated to overlook public open space/ land zoned environmental protection, or where required for solar access provided it can be demonstrated that there is no direct overlooking into adjacent properties with spatial separation of 6 metres or more between dwellings. c. Upper level windows to be sited so that there is no direct looking into upper level windows of adjoining dwellings. Where this cant be achieved windows are sited a minimum 1.7 metres above the upper level floor. d. Any upper level deck/ to be orientated to ensure no direct overlooking of adjoining properties. e. Where required screening with lattice, battens, fixed louvres to be provided over upper level windows and decks/ balconies. The screening to have a maximum of 25% opening with dimension no greater than 50mm. f. No upper levels to overshadow the principle private open space of neighbouring dwellings for more than 3 hours between 9am and 3pm at the winter solstice (21 June). *Note*: In certain circumstances applicants may submit 3D or perspective shadow plans as well as in plan view to demonstrate the level of overshadowing on neighbouring dwellings		Same for R2 Zone
7. Upper wall length
a. To ensure development is at a bulk and scale that is not overbearing for adjoining dwellings. b. To ensure buildings are not dominated by long straight elevations.	a. Maximum allowable continuous upper storey wall length is 12 metres. b. For facades longer than 12 metres, the upper wall must be broken up with a step of 600mm deep for a length of at least 1.8m. The roof line and eaves must follow the line of the step. The stepped area must remain within the building envelope as defined by minimum setbacks.		Same for R2
8. Building design and material in relation to streetscape
a. To provide articulated building designs that present well to the street. b. To provide for casual surveillance of the street. c. To reflect the coastal environment of Byron Bay and traditional coastal architecture through the use of lightweight materials	a. Front façades to be articulated with one or more of the following: i. an entry feature or portico; ii. a balcony, deck, patio, pergola, terrace or verandah; iii. an upper level overhang or cantilever; iv. a window box treatment; v. a bay window or similar feature; vi. an awning or other feature over a window; and vii. a sun shading feature. b. The articulated feature or element may intrude into the front setback by up to 1 metre (averaged) provided the feature does not exceed 25% of the articulation zone. (eg a property with a frontage width of 12 metres, can have an articulate feature 3 metres wide and intrude into the setback by 1 metre, or the intrusion can be averaged and intrude for example by 0.5 metres but for a width of 6 metres) c. Buildings to utilise a mix of materials and colours to provide interest and variation to the streetscape and to delineate a change in storeys, to embellish an architectural feature or to reflect different elements of the building. d. Dwellings to incorporate windows and doors within the frontage to enable casual surveillance of the public domain and the street. e. Building materials and designs which are heavily urbanised through the use of brick, concrete and tiles or attempt to replicate tuscan, tudor or federation styles will not be supported.		Same for R2
9. Site coverage (includes garages, car ports, decks, balconies and verandas) and size of dwellings to lot size
a. To ensure site coverage for residential development is consistent with the residential character of the area. b. To ensure the size of residential dwellings are proportional to the size of the land. c. To provide for a diversity of dwelling sizes across West Byron.	a. Ground Floor Level – maximum 60% b. Upper Level – maximum 35% c. The maximum number of bedrooms in a dwelling to be sized to the Site (or allotment) area as follows:		a. Ground Floor Level – maximum 70% b. Upper Level – maximum 40% c. The maximum number of bedrooms in a dwellings to be sized to the Site (or allotment) area as follows
	Number of Bedrooms	Site (or allotment) area required per dwelling	Number of Bedrooms	Site (or allotment) area required per dwelling
	1-2 Bedrooms	>150m²	1-2 Bedrooms	>150m²
	3 Bedrooms	>250m²	3 Bedrooms	>200m²
	4 Bedrooms	> 300m²	4 Bedrooms	> 250m²
10. Private open space (POS) and Landscaped area
a. To provide an even distribution of open space, landscaping and building footprint, to facilitate a balance of indoor and outdoor recreation within a garden setting. b. To provide an attractive landscaped area to facilitate the planting of trees, shrubs, lawn and vegetable gardens.	Landscape area to comprise: a. Minimum 30% of the area of an allotment to be landscaping. b. Minimum 50% of the landscaped area must consist of deep soil areas with minimum dimensions of 5 metres. Landscape Plan to be submitted with development application in accordance with E8.10.5.2. Private Open Space per dwelling to comprise a. Minimum 24 m² at ground level with minimum dimension of 4 metres to be provided for Private Open Space b. Must be directly accessible from the living area. c. The principal open space area to receive at least 3 hours of sunlight between 9am and 3pm at the winter solstice (21 June). d. Where the private open space area due to orientation of a property is provided in the front of a property, dwellings to be setback a further metre from the street boundary to accommodate suitable landscaping (eg lilly pilly hedge) for privacy. e. For secondary dwellings a minimum of 15 m² with minimum dimensions of 2.5 metres to be provided in a private courtyard setting. The secondary dwelling not to compromise the overall landscaping and private open space required for the principal dwelling. f. Private Open Space at ground level is a component of the overall landscaped area.		Landscape area to comprise: a. Minimum 25% of the area of an allotment to be landscaping. b. Minimum 50% of the landscaped area must consist of deep soil areas with minimum dimensions of 4 metres. Landscape Plan to be submitted with development application in accordance with E8.10.5.2 Private Open Space to comprise Same as R2 Zone except a minimum 20 m² at ground level with minimum dimension of 4 metres to be provided for Private Open Space.
11. Car Parking and Vehicle Access
Development to ensure that a. Vehicle access and parking is accommodated on site with an appropriate number of car parking spaces for the dwelling house and the normal activities of the household. b. Safe vehicle access and egress is provided. c. To provide incentives to reduce the dominance of the motor vehicle.	Car parking for residential development to comprise the following: a. 1 – 2 bedroom dwellings - 1 Space b. 3 or more bedroom dwelling – 2 spaces c. Visitor Parking required for multi dwelling housing/ integrated housing comprising 4 or more dwellings at a rate of 1 space/ 4 dwellings d. As a minimum at least one vehicle space/ dwelling to be covered either in a garage or car port. e. Where two spaces are required these can be provided in a tandem arrangement provided the tandem space complies with the minimum setback provisions. f. Access, driveways, maneuvering and turning areas, and structures adjacent to driveways to comply with Chapter B3 and B4 of Byron DCP 2014. g. Driveways where crossing swales to be designed in accordance with Appendix E. h. Where 3 or more dwellings are proposed on a property, mews style development and or common/ central car parking areas are permissible to reduce the amount of land required for the motor vehicle. i. Secondary dwellings are not to be sited to so as to remove car parking servicing the principle dwelling. j. To encourage car pooling and to reduce car dependency for three or more dwellings, a reduction in car parking of 33% will be agreed to for residential development in a community title or strata title arrangement, if a vehicle is provided as part of the common or neighbourhood property and for the use of the residents. The following will be required: i. 3 - 8 dwellings – 1 community vehicle ii. 8 -12 dwellings – 2 community vehicles iii. More than 12 – 3 community vehicles Details to be provided with the application on the type of vehicle, where it will be garaged on the property under cover, and how it will be maintained, managed, shared and replaced by the residential community. The car(s) is to be no older than 5 years at the time of the issue of the occupation certificate and be able to seat four adults.		Same for R2
12. Energy Conservation
a. To reduce total energy use in residential buildings by reducing heat loss and energy consumption for heating and cooling. b. To utilise design features to passively control the climate within residential dwellings	a. A clothes drying area to be provided in an outdoor area that receives a minimum of 2 hours sunlight midwinter. The area to accommodate a minimum of 25 metres of line. b. Dwellings to be designed to facilitate cross ventilation of air to assist with cooling with operable windows on opposite sides of the house. c. Dwellings to be designed with a roof orientated between the north east to the north west to facilitate the installation of photovoltaic cells for electricity generation or solar hot water systems with a minimum area of 15m². d. The western elevation of dwellings to incorporate a range of climate control features including canopy and shading devices over windows and doors, pergolas and verandahs, and eaves with a minimum width of 450mm for increased shading and weather protection.		Same for R2
13. Fencing
To enable fencing to be erected for privacy, territorial reinforcement between the public domain and private property and security	Any fencing to comply with Chapter D1 of Byron DCP 2014.		Same as R2
14. Adaptable Housing
Development ensures that housing is able to be readily adapted to a resident's changing life-cycle needs.	To comply with Chapter B13 of Byron DCP 2014.		Same as R2
15. Subdivision
To facilitate separate ownership of dwellings in a co-ordinated manner	Where land is to be further subdivided as part of the proposal details to be included with the application including: a. a plan of subdivision; b. type of titling proposed (eg Torrens, Strata or Community title) and c. Management/ Neighbourhood Plan (if required).		Same as R2
16. Waste Disposal
a. Waste to be adequately stored and separated on site prior to being collected by the waste contractor. b. Bin storage area is adequately screened from the public domain. c. Common or shared storage areas permissible for medium density housing forms	In addition to the measures contained in Chapter B8 of DCP 2014 the following to apply: a. Sufficient storage area is available behind the front building line for the location of garbage, recycling and green bins (The three bin system), and the area is not to be visible from the street. b. For three or more dwellings within a strata or community title arrangement, shared waste disposal facilities can be provided on the common or neighbourhood property. c. Details to be provided as to how the three bin system can be accommodated onsite.		Same as R2
17. Stormwater Management And Water Consumption
a. To minimise water consumption from potable water supplies b. To assist with the management of stormwater	a. In addition to any water storage requirements for BASIX a further 3000 litres of storage capacity per dwelling to be provided for stormwater management. b. Rainwater tanks to be connected to the stormwater down pipes from the roof of the dwelling and be plumbed back into the house as a minimum for the flushing of toilet(s) and for external gardening purposes. c. Overflow from the water tank and house to be connected to the street stormwater system generally in accordance with the drawing shown at Appendix F - Typical Stormwater House Connection
18. Co-operative Housing Explanatory Note: This is a type of shared housing in which people come together to live in an intentional community. The housing from the outside may look similar to other residential development in the neighbourhood, but the co-operative can arrange for the sharing of resources, land and other components of the development to provide for a more inclusive type of housing between residents, to have a smaller environmental footprint, and to make housing more affordable. Co-operative housing could be suitable for extended family groups, couples and singles, retirees, students, families, a group of friends, or a community organisation (eg a charity providing housing), provided the residents have the same goals and objectives to live in an intentional housing community. Making housing more affordable is one benefit of Co-operative Housing, but this is partly achieved through a restriction on further subdivision. Potential applicants who wish to pursue this type of residential housing are encouraged to research the topic thoroughly before making application to establish rules of ownership, voting rights, dispute resolution, cost sharing, collective use of resources and exit/ entrance strategies for people who want to move out/ buy in. Other issues for consideration and research include financial and legal implications for the residents living and investing in such housing. The following controls apply:
a. To enable intentional housing communities to develop residential land in a co-operative manner. b. To enable the efficient and shared uses of resources between households on a single property.	a. Should a cooperative housing project be proposed on a lot consisting of three or more dwellings the above residential controls will generally still apply. b. If the property is in the R2 Zone, then the lot will need to be identified for either multi dwelling housing or integrated housing at the subdivision stage. c. Variation will be given to the following in terms of achieving a shared outcome: i. private open space per dwelling down to 15m² provided landscaping minimums are satisfied; ii. Garbage bin and storage areas; iii. Clothes drying areas; iv. Common water tanks; v. Common roof area for solar collectors; vi. Common car parking area for residents and visitors – covered or uncovered; vii. A car parking reduction of 33% will be given, as per Strata and Community Title Development, where a shared car is provided; (See Control 10) viii. Common vehicle access point; and ix. Front setbacks down to 3 metres. d. Such variations are provided on the basis that the land won’t be further subdivided under Torrens, Strata or Community title and a condition of consent will apply. e. Other shared infrastructure may be provided including a vegetable garden, storage shed, bicycles, laundry area, children’s play area, barbeque and outdoor setting. f. Details to be submitted with the development application on measures for the management of the land, ownership model, rights and responsibilities, dispute resolution, collective use of resources and cost sharing. *Note:* Where a co-operative housing project seeks consent at a latter stage to be further subdivided, applicants will need to demonstrate how the development complies with the normal provisions applicable to housing.		Same as R2 Zone except the land does not need to be identified for multi dwelling housing or integrated housing at the subdivision stage.
19. Secondary Dwellings Secondary Dwellings provide opportunities for applicants to create a range of housing types that will suit family, lifestyle and financial needs. Secondary dwellings can be attached or detached from the main house. They could also be attached with a dual key arrangement to facilitate housing for a growing family or to provide accommodation for an older family member, enabling residents of both dwellings to live together. Alternatively the secondary dwelling could be locked of from the main house, and tenanted to a third party as a stand alone dwelling.
To provide for small affordable housing opportunities	a. Other than planning controls 1, 11, 14, 15 and 18, Secondary dwellings to comply with the above controls, and the requirements of SEPP Affordable Rental Housing 2009. b. Decks and verandahs for secondary dwellings not to exceed 20m² in area. c. Dual key arrangements are permissible for secondary dwellings.		Same as R2
20. Seniors Housing or housing for people with a disability Opportunities exist across the residential areas in both the R2 and R3 Zones of West Byron to provide housing for Seniors and people with a disability. No specific prescriptive measures are referenced in this Chapter and applicants are directed to the controls under SEPP (Housing for Seniors or People with a Disability) 2004.

Document History

Doc No.	Date Amended	Details (e.g. Resolution No.)
#E2014/19980	20 March 2014	Res 14-118 - Public exhibition version
#E2014/33071		Draft to 26 June 2014 Extraordinary Meeting - for adoption
#E2014/43427	26 June 2014	Adopted Version – Res 14-315
#E2017/104988	November 2017	Res 17-224 Public Exhibition version (#E2017/104987 - Marked Up Version)
#E2018/6783	February 2018	Draft to 22 February 2018 Ordinary Council Meeting – for adoption
E2018/19959	15 March 2018	Adopted Version – Res 18-081, Effective 15 March 2018
E2019/29357	April 2019	Public Exhibition version (Res 19-091) 24.2018.65.1
E2019/29357	July 2019	New revision for adoption 15 August 2019 planning meeting

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E5.1 Introduction

Byron Bay is an iconic coastal town characterised by spectacular beaches and coastline. It is a relatively low density urban place with a compact, walkable CBD and a predominance of one and two storey development in residential areas with three storeys in the business area. It is partly affected by coastal hazards and flooding.

E5.2 Application of this Chapter

This Chapter applies to certain land at Byron Bay and Ewingsdale that is subject to Byron LEP 2014. The land to which this Chapter applies is only that land identified in this Chapter.

E5.3 Aims of this Chapter

The Aims of this Chapter are:

1. To identify land in Byron that may be affected by future coastal hazards and to apply development controls proportionate to the hazards affecting that land.

2. To identify land on Bayshore Drive, Byron Bay that is suitable for an innovative suite of land uses that will result in a compatible mix and density of business, office, residential, retail, light industry and other development on the site.

3. To facilitate the development of a new hospital for Byron Bay on Ewingsdale Road and ensure that it fits well with its surrounding rural locality.

4. To facilitate the responsible development of land at the Eastern end of Bayshore Drive for tourist and visitor accommodation and related uses while preserving and regenerating the vegetation on the site.

E5.4 Development Controls

E5.4.1 Development and servicing of land affected by predicted coastal hazards

Objectives

1. To define how public utility services may be provided to development which is potentially threatened by coastal hazards.

2. To ensure the impact of coastal hazards on potential development is minimised by ensuring any development ceases as the erosion escarpment approaches the development.

Performance Criteria

1. Vehicular access, water, sewerage, electricity, telephone and other services must be located so as to minimise the impact from actual or predicted coastal hazards.

2. Development on land marked as ‘Coastal Erosion Hazard Area’ on the Byron Bay Coastal Hazards Map (Map E5.1) must be designed to be relocated or demolished, or to cease operation, should the erosion escarpment come within 50 metres.

Prescriptive Measures

1. All services must be provided from the landward side of the development such that the building is between the services and the erosion escarpment.

2. Development within the ‘Coastal Erosion Hazard Area’ on the Byron Bay Coastal Hazards Map (E5.1) will be considered on the understanding that any consent granted will be subject to the proviso that should the erosion escarpment come within 50 metres of any building then the development consent will cease.

3. If the development consent does cease then the owner of the land will be responsible for the removal of all buildings.

4. The option of demolition as the means of removal will be available to all buildings.

5. Prior to the issue of a Construction Certificate a restriction as to user must be placed on the title pursuant to the provisions of section 88E of the Conveyancing Act 1919, stating:

“The subject land and any improvements erected thereon must not be used for the purpose of (land use) in the event that the erosion escarpment as defined by the Works and Services Director of the Council of the Shire of Byron from time to time comes to within 50 metres of any buildings or any part thereof at any time erected on the said land’.

Map E5.1 – Byron Bay Coastal Hazards Map

E5.5 Habitat

E5.5.1 Where this Section Applies

This section applies to the land defined by a heavy black line on Map E5.2 known as Habitat, and identified as Lot 3 DP1004514, Bayshore Drive, Byron Bay. It is bounded by the Byron Bay Arts and Industry Estate to the south, the West Byron Sewage Treatment Plant to the west, regenerating heathland, shrubland and low woodland to the north, and the Sunrise Beach residential estate to the east.

In the event of any inconsistency between Section E5.5 and other Chapters of this DCP, the provisions of Section E5.5 shall prevail.

E5.5.2 Objectives of this Section

The primary purpose of this Section is to provide standards for the future development of the site. To assist in this regard, the objectives of this Section are to:

1. Promote and implement the principles of ecologically sustainable development identified in aims of Byron LEP 2014, in the planning, development and management of the site;

2. Contribute to the implementation of the Byron Shire Affordable Housing Strategy, the Byron Biodiversity Conservation Strategy, the Byron Shire Cultural Policy, and the Byron Shire Social Plan;

3. Define a compatible mix and density of business, office, residential, retail, light industry and other development on parts of the site;

4. Seek to increase the range of housing choice and further promote affordable living opportunities.

5. Enhance and protect the bio-physical environment, particularly the Wallum vegetation and wildlife habitat adjacent to the site;

6. Enhance and protect ground water and surface water quality and hydrology;

7. Ensure that the siting, scale and intensity of development enhance and protect Byron Bay’s social and cultural qualities by:

a) responding to local and regional values, community needs and aspirations;

b) reflecting Byron Bay’s character and scale;

c) ensuring that development of the site contributes to the range of services available and the identity of West Byron; and

d) ensuring that site access does not compromise the amenity or safety of adjacent residential areas.

E5.5.3 Desired Future Character and Development Principles

E5.5.3.1 Statement of Desired Future Character

Habitat provides a vibrant and sustainable urban environment, which enhances social equity, economic vitality, environmental performance and sustainability, and cultural expression within the Byron Bay community.

It provides a wide range of housing and employment choice and has strong connections to nearby shops, industry, town services, facilities and transport corridors.

A mix of housing types and small scale creative enterprises contribute to the neighbourhood’s vitality and the town’s identity. Dwelling types reflect the household profile of Byron Bay. Smaller dwellings and multiple dwelling types cater for Byron’s higher than average proportion of group households and lone person households. Integrated work and living spaces provide affordable and flexible opportunities for small scale businesses. Commercial ventures provide for local employment, creative industries and an outlet for goods and services produced on the site.

Land is used efficiently and energy and water use is minimised. The community actively contributes to the enhancement and maintenance of important habitats on adjoining land. Buffers are provided to these adjoining habitats, and to bushfire hazards and the West Byron Sewage Treatment Plant. Edges are well defined, the public domain is safe and permeable and amenity is fostered by transitions between uses and by integrated site planning.

E5.5.3.2 Planning Principles

The desired future character reflects the following planning principles:

1. Social Equity

a) Enables the co-location of uses to provide housing close to employment opportunities while ensuring potential conflict between the different land uses is minimised;

b) Provides a range of low cost residential and live/ work solutions that will enable creative artisans/business people to establish an economically achievable base; and

c) Includes a mix of housing, ownership patterns, prices and building types for a diverse community.

2. Economic Vitality

a) Provides a mix of employment opportunities with particular emphasis on creative industries;

b) Facilitates a density of development (with amenity) which makes cost effective use of scarce land; and

c) Embraces the concept of shared opportunities and synergies within the surrounding neighbourhood, which contributes to overall efficiencies.

3. Environmental Performance

a) Facilitates a smaller environmental footprint than traditional suburban development;

b) Utilises a site sensitive approach which provides filters and buffers protecting the ecological values of adjoining lands;

c) Provides for habitat enhancement that integrate with work previously undertaken on adjoining land to restore significant new wetland habitat.

4. Cultural Expression

a) Encourages a clustering of artistic and lifestyle based small scale industries; and

b) Promotes the cultural identity of the area by building upon the commercial / services and industrial base in the surrounding neighbourhood.

E5.5.3.3 Achieving the Desired Future Character

This Plan aims to achieve the Desired Future Character of the site as described in Section E5.5.3.1 by:

1. Providing a Precinct Plan for the major elements of Habitat (refer to Map E5.3);

2. Specifying Principles that must apply to development of the site;

3. Specifying objectives, performance criteria and prescriptive measures for a number of environmental elements relevant to the future development of Habitat; and

4. Specifying ecological enhancement measures that are to be undertaken in adjoining habitats.

E5.5.3.4 Precinct Plan

1. The Habitat Precinct Plan (Map E5.3) identifies the major bio-physical elements that will make up the structure of the developed site. These elements include:

a) Major entries/ exits;

b) Internal access connections;

c) Land use ‘precincts’, including:

i) Precinct 1 - commercial terraces / tiered living.

ii) Precinct 2 - pocket living.

iii) Precinct 3 - warehouse lofts.

iv) Precinct 4 - mixed use, retail / business / residential / café / community recreation facilities / commercial terraces.

v) Precinct 5 - ecological enhancement.

2. The Precinct Plan provides a framework for development in Habitat. It will assist developers and designers to obtain an understanding of the context for their proposed development. Components of the plan include the following:

a) Major entries/ exits

The major entries / exits for Habitat will be from Wallum Place, at the northern frontage of the site. Entry-only service access and entry-only access to car parking areas within the site will be from Bayshore Drive, at the eastern frontage of the site.

b) Precinct 1: Commercial terraces / Tiered Living

The three Commercial Terrace buildings are comprised of 4x two-bedroom units, each with integrated, dedicated commercial or home office spaces. This product will suit an array of people wanting to run a small professional business from home.

Tiered Living consists of 8x two-and-a-half storey buildings along the northern edge of the site (half storey comprised of a mezzanine or loft that utilises the roof space). Tiered living provides for a range of housing options, with 12x one bedroom units, 22x two bedroom units and 12x three bedroom units.

c) Precinct 2: Pocket Living

The Pocket Living Precinct consists of 4x two-and-a-half storey buildings along the north western edge of the site and an amenities block (half storey comprised of a mezzanine or loft that utilises the roof space). This precinct offers the opportunity for high quality, small scale living units at an affordable price point and is comprised of 56x one bedroom units and 4x two bedroom units.

d) Precinct 3: Warehouse Lofts

The Warehouse Lofts consist of 4x two storey buildings along the southern edge of the site. Each building is comprised of six ground floor commercial/retail spaces with a one-bedroom apartment above. There is also an option for a second bedroom on the ground floor. This integrated solution will suit many creative industries.

e) Precinct 4: Retail / Business / Residential / Café / Community Recreation Facilities

This area offers a mix of business, retail and living spaces including; approx. 1200m² of retail space; approx.1700m² of commercial office space plus a café/restaurant, gym and pilates studio, as well as 10x two bedroom apartments, with attached retail or commercial workspaces. The recreational precinct includes a swimming pool, change rooms, barbecue areas, bicycle storage and shaded lawn.

f) Precinct 5: Ecological Enhancement

Existing low lying areas or swales on adjoining lands will be extended and revegetated with freshwater wetland and heath plant species of local provenance to improve wetland habitats and increase important habitat components for local fauna species, particularly the Wallum frogs (Wallum Sedge frog, Litoria olongburensis, Wallum froglet Crinia tinnula). Appropriate restrictions on the title of the property (Lot 3) will ensure that the community will continue to contribute to the maintenance of these important Wallum frog habitats.

E5.5.4 Design and Development Controls

Section E5.5.4 contains a range of controls which reflect environmental and design aspects of the future development of Habitat.

E5.5.4.1 Land Use, Management and Environmental Assessment

Background

A key characteristic of villages is the mix of uses that occur throughout them. Mixing uses facilitates a vibrant and safe environment by day and by night. The close proximity of workplaces and housing reduces travel distances and creates affordable and accessible urban environments. The economic viability of the development is supported over its life cycle by the provision of both housing and productive uses. Provision of a variety of housing types and configurations supports a diversity of households and reflects local demands for differentiated and affordable housing options.

The site has a number of constraints which will require detailed environmental assessment as part of any future development application for the site. These constraints include proximity to the West Byron Sewage Treatment Works and its primary access road, potential acid sulfate soils, and various ecological constraints.

Objectives

1. To achieve the Desired Future Character for the site as defined by Section E5.5.3.1;

2. To facilitate the creation of a mixed use development with a diversity of housing and employment choice and optimum density that reflects the environmental capability of the site and the socio-economic and cultural context; and

3. To assess and mitigate potential environmental impacts.

Performance Criteria

1. Utilise the site and building layout to maximise the potential for acoustic privacy by providing adequate building separation within the development and from neighbouring buildings;

2. In Precinct 1, utilise front fences and walls to enable use of private open space abutting Wallum Place to provide an acoustic barrier to vehicle movements;

3. In mixed use development, ensure loading bays, garbage collection areas etc are located away from bedrooms and other quiet areas in the residential component;

4. Provide diverse dwelling types within Precincts 1, 2, 3 and 4;

5. In Precinct 1, provide spaces to be used for a home office, creative industry or as an additional bedroom.

Prescriptive Measures

1. Land Use and Density

a) Distribute land uses across the site in accordance with the Precinct Plan (Map E5.3) and the consistent land uses and densities outlined in Table E5.1; and

b) Provide for a maximum of 152 residential dwellings within the site.

Table E5.1 – Land Uses Consistent with Desired Future Character

Precinct

Consistent Land Uses*

Maximum Densities*

Precinct 1

Land Area:

Approximately 12,129m²

Built Gross Floor Area:

7,430m²

Bedroom Total: 126

- Commercial Terraces (CT

- Tiered Living (TL)

Commercial Terraces

- Part of the ground floor is for home office / creative industry or use as an additional bedroom

- Rear portion of the ground floor and all of upstairs is residential (Class 1A or Class 2)

- 2 bedrooms

Tiered Living

- Mix of configurations ranging from 1 – 3 bedrooms depending on how the space is used.

- Garage to ground floor.

Precinct 2

Land Area:

Approximately 10,255m²

Built Gross Floor Area:

3,655m²

Bedroom Total: 64

Pocket Living (PL)

Pocket Living

- Mix of 1 + 2 bedroom units to ground floor

- 1 bedroom units to first floor

Precinct 3

Land Area:

Approximately 7,360m²

Built Gross Floor Area:

3,200m²

Bedroom Total: 48

Warehouse Lofts (WL)

Warehouse Lofts

- Commercial / retail to the ground floor (class 5 / 6)

- Generally residential to the first floor with additional bedroom permissible to ground floor

- Able to be configured with 1 or 2 beds

Precinct 4

Land Area: Approximately 16,740m².

Built Gross Floor Area: 5,325m²

Bedroom Total: 20

- Retail

- Business

- Residential

- Café

- Community / Recreation Facilities

Commercial Precinct

B1 / C1 / C2 / C3 / C4 / C5

- Retail (class 6) to lower level with the exception of C5 (dentist)

- Commercial (class 5) to upper level with the exception of C1 (gym) C3 and C5 (pilates studio)

- Shared meeting rooms and wc’s

Recreation Precinct

- Swimming pool and change facilities

Commercial Terraces

- Part of the ground floor is commercial/retail (class 5/6)

- Rear portion of the ground floor and all upstairs is residential (class 2)

- 2 bedrooms

Precinct 5

Land Area: Approximately 2,728m²

Ecological enhancement, restoration, management and monitoring.

No buildings allowed

2. Setback

Provide setbacks within the development consistent with the minimum distances outlined in Table E5.2.

Table E5.2 – Setbacks

Land Use	Minimum Setback	Distance (m)
Precinct 1	External Property (lot) Boundary	4
	External road	9
	Internal roads	0.5
	Adjoining buildings	0
Precincts 2 & 3	External Property (lot) Boundary	4
	Internal roads	0.5
	Adjoining Buildings	0
Precinct 4	Bayshore Drive	7
	Wallum Place	4
	Internal Roads	0

3. Buffering

a) Provide a minimum 20m setback between dwellings and the western and north-western site boundaries, where these adjoin the adjacent Wallum frog habitats;

b) Provide a minimum 5m setback between dwellings and the internal boundary between Precincts 2 and 5, located in the north-western corner of the site as denoted by the approved Acid Frog Management Plan (Geolink, 2017) for the site; and

c) Provide buffering from the Byron Bay Sewerage Treatment Works in the form of a minimum 20m buffer along the north western boundary of the site (this acknowledges the buffer provided in the original subdivision of the land, by the creation of Lot 12 DP 1189646).

4. Environmental Assessment

The following environmental assessment reports must be prepared as part of any development application for the site:

a) Preliminary Acoustic Report;

b) Site Waste Minimisation and Management Plan and assessment consistent with the requirements of Chapter B8 Waste Minimisation and Management.

E5.5.4.2 Car Parking

Background

An integrated ‘live/work’ approach to development, characterized by the inclusion of workspaces in detached and attached residential dwellings, presents the opportunity for dual use of parking spaces, thereby reducing the overall parking demand of the proposed development.

Dual use of parking spaces occurs when the same parking space can serve more than one component of a development, such as where residents of living areas also operate businesses in the attached workplaces. In circumstances where the parking demand generated by residents is satisfied by parking provided to serve the living areas, there is no need to satisfy the parking demand generated by residents’ use of the workplaces.

A mixed use development also provides the potential for complementary use of parking spaces. This occurs when the peak parking demand of one component of the proposed development does not coincide with the peak parking demand of another.

Objectives

1. To provide sufficient parking to satisfy the needs of the proposed development taking into account the potential for dual and complementary use of parking spaces; and

2. To assist in achieving the Desired Future Character for the site as defined by Section E5.5.3.1 by minimising the total area of hard stand car parking within the site.

Performance Criteria

1. Provide on-site car parking appropriate to the needs of both residents and off-site workers, with consideration to potential for dual use and complimentary use of spaces;

2. Dual Use Parking - apply the concept of dual use parking, as described above, as appropriate to the nature of the proposed site development. In this regard it is not unreasonable to expect that the actual parking demand generated by the workplace floorspace in the commercial precinct (most notably the office floorspace), and in the industrial precinct, will be up to 30% less than the parking requirement which is calculated without regard to the duplication of parking provision, which is a consequence of the integrated “live/work” approach to the development. It should be noted, however, that it is possible that not all of the workforce employed by businesses that occupy the workplaces incorporated in integrated ‘live/work’ components of a mixed use development will also be residents of that development. For example, a resident operating a business from a workplace could employ a non-resident/residents to assist in the operation of the business;

3. Complementary Use - seek to reduce the total number of car parking spaces associated with a mixed use development proposal by comparing peak demands of each use by time of day, day of the week, and season. Where the varied parking demand for proximate uses allows joint use of a single parking space or facility, a reduced number of spaces is strongly encouraged;

4. Located shared parking spaces to be convenient to all users;

5. Provide non-residential parking on internal streets and accessways, providing that such parking does not affect the capacity of the internal access system to allow efficient internal movement of vehicles and pedestrians; and

6. Provide cycle access and facilities within the site, consistent with the requirements of Chapter B5 Providing for Cycling.

Prescriptive Measures

Provide on-site car parking in accordance with standards outlined in Table E5.3. Total provision of car parking is to consider potential for dual use and complementary use, as described above.

Table E5.3 – Car Parking Standards

Type of Development	Minimum Car Parking Provision	Special Requirements	Precinct Requirements
*Precinct One – Commercial Terraces / Tiered Living*
large dwellings - 3 or 4 bedrooms	2 spaces per dwelling	1 space must be capable of being covered (stacked car parking will not be acceptable)	1 per cent of spaces to be provided for people with a disability
small dwellings – 1 bedroom	1 space per dwelling
visitor car parking	1 space per 4 dwellings
Workspace	1 space per workspace
delivery / service vehicles	1 space per 50 units	Visitor parking can be used if designed for dual use
*Precinct Two – Pocket Living*
small dwellings – 1 bedroom	1 space per dwelling		1 per cent of spaces to be provided for people with a disability
small dwellings – 2 bedroom	1.5 spaces per dwelling
delivery/ service vehicles	1 space per 800 m² gross floor area	Visitor parking can be used if designed for dual use
*Precinct Three – Warehouse Lofts*
small dwellings (1bedroom)	1 space per dwelling		1 per cent of spaces to be provided for people with a disability
small dwellings – 2 bedroom	1.5 spaces per dwelling
visitor car parking	1 space per 4 dwellings
Workspace	1 space per workspace
delivery / service vehicles	1 space per 800 m² gross floor area	Visitor parking can be used if designed for dual use
*Precinct 4 – Mixed Use*
retail	1 space per 20 m² gross floor area		1 per cent of spaces to be provided for people with a disability
office / professional rooms/ business premises	1 space per 40m²gross floor area x 70%
spa	1 space per 20m² gross floor area
small dwellings (1 or 2 bedrooms)	1.5 spaces per dwelling
large dwellings (3 or 4 bedrooms)	2 spaces per dwelling
visitor car parking	1 space per 4 dwellings
delivery / service vehicles	1 space per 400 m²

E5.5.4.3 Building Design

Background

The climate, coastal location and the evolving culture of Byron Bay has given rise to a ‘Byron style’ which can be characterised as informal, light weight construction and is referred to in this Section as the ‘Byron vernacular’ and the ‘Byron style’. Achieving the Byron vernacular will ensure that the site will be characterised by lush vegetation, open spaces and linked landscaped areas, sloping rooflines, timber and glass structures typical of the local Byron style of lightweight construction and tropical appearance (refer to Figure E5.1).

An opportunity exists for Habitat to be an intense living and working environment of a considerably higher density than suburbia. Consequently, a high degree of detailed design resolution is required in the architecture and urban design.

The density proposed for the site means that the form and layout of each building needs to consider its relationship to its immediate neighbour and its context in the street. It means that the creation of identifiable and well defined space in the public domain is more important than the individual building and garden. Further, it means that gardens and the landscaping on private lots need to contribute to the public domain. The issue of overshadowing will also need to be carefully considered in any design for the site.

Building design should:

1. Reinforce the structure of the public domain;

2. Respond to climate and local ‘Byron vernacular’;

3. Ensure privacy and amenity are maintained;

4. Contribute to high environmental performance; and

5. Ensure an adequate level of solar access is provided to living areas.

Typical Dwelling and Workspace Elevations

Typical Lane Workspace Elevation

Figure E5.1 – Indicative examples of Byron vernacular

Objectives

1. To achieve the Desired Future Character for the site as defined by Section E5.5.3.1;

2. To ensure that buildings on the site reinforce the structure of the public domain, respond to climate and the ‘Byron vernacular’, ensure that privacy and amenity are maintained, and contribute to high environmental performance;

3. To ensure that residential development will not significantly increase the overshadowing of adjoining properties; and

4. To ensure that occupants of buildings will enjoy the optimum use of winter sunlight and summer shade.

Performance Criteria

1. Provide low-rise (two and a half storey maximum) building forms that are in proportion to street trees (half storey comprised of a mezzanine or loft that utilises the roof space);

2. Where possible, provide rear lane vehicular access to housing sites to facilitate a coherent, safe and visually pleasing streetscape and negate the need for private hard surfaced driveways;

3. Provide articulation and variety in building forms and utilise screening features to facilitate visual interest, privacy and energy efficiency;

4. Ensure that the width and internal layout of buildings facilitate natural cross ventilation;

5. Design entrances so that they are a clearly identifiable element of the building in the street;

6. Utilise durable materials and finishes;

7. No roof should have a highly reflective surface; any metal roof must have a colorbond or equivalent finish in a colour approved by Council. White or light coloured roofing will not be approved where it’s likely to be intrusive;

8. Locate habitable rooms and open spaces away from noise sources and utilise car parking areas and zero side building setbacks to provide a buffer to noise sources;

9. In Precinct 1, design and construct development adjoining Wallum Place to ensure that acceptable living conditions can be created within dwellings, particularly in relation to noise and odour;

10. Incorporate lush vegetation to provide shade and screening; and

11. Orientate dwellings and design building roof and shade structures to maximise solar access into private open space areas and internal living spaces during winter months.

Prescriptive Measures

1. Provide details of building materials and surface colours for assessment with the development application;

2. External materials must demonstrate consistency with the ‘Byron vernacular’ and must be light weight in appearance and can include various forms of cladding including pre-painted corrugated steel, fibrous cement, weatherboard and timber;

3. Allow zero side setbacks and boundary walls to efficiently utilise the site, create an urban edge to streets, minimise building material and energy usage, and enable the provision of private internal open space;

4. Design buildings to ensure a minimum of 3 hours of sunshine to the living area of dwellings between 9am and 3pm mid winter;

5. Coordinate and integrate building services, such as drainage pipes and air conditioners, with overall façade and balcony design;

6. Coordinate security grills/ screens, ventilation louvres and car park entry doors with the overall façade design;

7. Provide operable walls and large openings to allow for windows and doors to be opened during summer and closed in winter;

8. Incorporate mosquito mitigation devices;

9. Locate living areas with direct access to private outdoor spaces; and

10. Avoid large expanses of any single material.

11. Design buildings to ensure that building heights do not exceed the maximum height shown for the land on the Byron LEP 2014 Height of Buildings Map.

12. Design buildings to ensure that he maximum floor space ratio for a building is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

E5.5.4.4 Site and Open Space Design

Background

The flat topography and high water table of the site and the sensitive wetland habitats of its context mean that managing stormwater runoff will be important. Minimising impervious surfaces across the site is critical to the reduction of stormwater runoff. This issue will also be supported by building design and infrastructure design elements of this Section.

The provision of areas for communal exchange, relaxation, education and contemplation will support the village concept. At the same time, territorial reinforcement of public and private space will facilitate efficient utilisation of the land and discourage crime opportunities.

Universal access will need to be built into the design of the site at ground level in order to produce a village that is supportive of people with the range of physical and mental functionality.

The mixed use nature and density of the proposed land use pattern and the availability and augmentation of existing cycling and walking networks delivers an opportunity to provide wide transport choice. Minimising and integrating vehicular parking is a demand management measure that can further support, walking, cycling and public transport. Locating visitor parking within the street system reduces the footprint of dwelling sites.

Objectives

1. To achieve the Desired Future Character for the site as defined by Section E5.5.3.1; and

2. To minimise the impervious footprint of the site, provide communal and private open space, delineate the public or private role of space and facilitate universal access.

Performance Criteria

1. Provide common open space to facilitate communal exchange and foster a sense of community;

2. Locate communal open space so that it exists as a focal point for the development;

3. Provide private outdoor open space areas in dwelling sites as an extension of living spaces, to allow yards to be fully planted as landscaped deep soil areas and to maximise pervious areas;

4. Provide private open space for workspaces by way of open space balconies as an extension of living spaces;

5. Provide adequate facilities for storage, clothes drying and waste management while minimising their visual and amenity impacts;

6. Provide universal access throughout the site by providing continuous accessible paths of travel and some housing and car parking specifically designed to support persons who have reduced physical or cognitive function;

7. Ensure communal open space areas are useable and accessible to all including those persons with a disability;

8. Ensure passive surveillance of the communal open space area;

9. Improve the amenity of open space with landscape design by:

a) providing appropriate shade in the form of locally indigenous trees or structures;

b) providing accessible routes through the space and between buildings; and

c) screening cars, communal drying areas, swimming pools and the courtyards of ground floor residential buildings;

10. Contribute to streetscape character and the amenity of the public domain by:

a) relating landscape design to the desired proportions and character of the streetscape;

b) using planting and landscape elements appropriate to the scale of the development; and

c) allowing for locating public art where they can be viewed by users of open space and/ or from within courtyards and the public domain;

11. Improve the energy efficiency and solar efficiency of dwellings and the microclimate of private open spaces. Planting design solutions include:

a) locally indigenous trees for shading low-angle sun on the eastern and western sides of a buildings;

b) locating locally indigenous dense-foliaged trees well away from the building to permit winter sun access;

c) varying heights of different species of locally indigenous trees and shrubs to shade walls and windows; and

d) locating pergolas on balconies and courtyards to create shaded areas in summer and private areas for outdoor living.

Prescriptive Measures

1. Public Open Space

a) Provide a minimum of 2,000m² of public / communal open space, with at least one central location having an area of not less than 450m²; and

b) Orientation of communal open spaces to the north with a minimum of three hours of sunlight between 9am and 3pm mid winter provided to at least 50% of the communal open space area.

2. Private Open Space

a) A private open space balcony must be provided for each dwelling where the residential component is not located on the ground floor (note this includes dwelling that contain a dwelling on the first floor and workspaces / office on the ground floor). Within the commercial precinct, such private open space balconies must have a minimum area of 10m² and a minimum length and width of 2.5m. Within the Pocket Living precinct, private open space balconies must have a minimum area of 11m². In all other precincts, the private open space balconies must have a minimum area of 15m² and a minimum length and width of 2.5m;

b) Private open space balconies must have appropriate orientation and adequate provision for winter sun and summer shade; and

c) Each dwelling that has a residential component on the ground floor must have a minimum private landscaped area of49m²(including terrace) plus additional common outdoor area.

3. Universal Access

a) Provide a minimum of one dwelling as adaptable housing, designed in accordance with AS4299, for every 10 dwellings or part thereof;

b) Design facilities for disabled persons (including car parking) to comply with the Australian Standard 1428 (Part 1 and 2), the Building Code of Australia and the Disability Discrimination Act 1992 (as amended);

c) Provide continuous accessible paths of travel from all public roads and public spaces, as well as throughout the ground level internal spaces of adaptable housing dwellings; and

d) Design adaptable housing dwellings in accordance with AS 1428 Parts 1, 2 and 4 and AS 4299 Adaptable Housing.

E5.5.4.5 Lot Size and Subdivision

Objectives

1. To provide lots of sufficient size to satisfy the needs of future residents and occupants, and which will accommodate well designed and innovative development;

2. To encourage diversity in lot size and opportunities for a variety of housing/building choice; and

3. To ensure that lot design takes into account the natural features of the site and locality.

Performance Criteria

1. Lots must be of sufficient area to allow for the siting of dwellings / buildings including provisions for private open space, landscaped area, vehicle access and car parking and to permit solar access; and

2. Lot sizes and design must enable dwellings / buildings and driveways to be sited to protect natural or cultural features, and respond to site constraints including topography, bushland, soil, erosion, drainage, and bushfire risk.

Prescriptive Measures

1. The minimum lot size requirements for the site (including residential community title) shall be in accordance with Byron LEP 2014.

2. Lots must enable the construction of a built form which is sympathetic to the established character of the area.

3. Subdivision of the site is to occur only through strata and/or community title subdivision.

4. There is no minimum allotment size for strata subdivision provided the allotment boundaries substantially correspond with parts of any building intended for separate ownership. Demonstration of compliance with the Building Code of Australia with regard to fire separation and egress will be required prior to subdivision approval.

5. In the case of strata or community-title subdivisions, car spaces are not to be given separate lot numbers, and all visitor spaces are to be included within common property where possible. All private landscape area attached to a dwelling shall be identified on the subdivision plan as being part of the appropriate dwelling unit/ lot. All common landscaped areas and community facilities shall be identified as being within the common property.

E5.5.4.6 Water Cycle Management

Background

The wetland systems to the south-west and west of the site demand a water management regime that ensures that water leaving the site is appropriately treated and managed.

Objectives

1. To achieve the Desired Future Character for the site as defined by Section E5.5.3.1;

2. To ensure that management of surface water and ground water on the site is consistent with the principles of Integrated Water Cycle Management and water sensitive urban design; and

3. To protect the area’s sensitive ecological and geophysical environment, particularly by ensuring that water released into the ground water and adjacent swales is low in pH and nutrients.

Performance Criteria

1. Utilise uncontaminated, low pH, low nutrient fill to provide for drainage of stormwater within and from the site;

2. Minimise building footprints by including two storey and two-and-a-half storey building forms in order to maximise pervious open space areas;

3. Minimise impervious surfaces dedicated to vehicular access and manoeuvring by minimising the length of driveways and parking provided within individual house sites;

4. Incorporate water use minimisation measures, such as water saving devices, into building designs;

5. Minimise filling of the site by adopting above-surface drainage regime with the use of swales;

6. Council may consider variations to its engineering standards to allow swale drainage, as an alternative to standard kerb and gutter drainage, if it can be demonstrated that the swale drainage design could be adapted to conform to standard kerb and gutter drainage in the event of system failure;

7. Avoid the need for deep basins or permanent pools for the detention of stormwater by incorporating shallow detention areas or swales across the site which fully drain following rainfall events;

8. Utilise car parking areas for the detention and treatment of stormwater runoff from roads;

9. Ensure that stormwater leaving the site is treated to a quality equal or better to pre-development quality;

10. Ensure that stormwater flow rates leaving the site are no greater than pre-development flow rates;

11. Manage the flow and quality of water leaving the site to avoid adverse impacts upon adjoining sensitive wetland areas, particularly in relation to maintaining low pH and low nutrient levels;

12. Maximise the reuse of treated wastewater and stormwater for non potable purposes such as garden watering and toilet flushing within site capability and public health limits; and

Prescriptive Measures

1. Requirements of the site wide Integrated Water Cycle and Soil Management Plan (Geolink, 2011) as amended by Stormwater Management Plan (Ardill Payne & Partners, 2013) are to be adhered to;

2. Provide dual reticulation within the site for the reuse of recycled water from the West Byron sewage treatment plant (STP) for toilet flushing and watering of open spaces where suitable;

3. Rainwater tanks to be provided as required by the approved Stormwater Management Plan (Ardill Payne and Partners, 2013);

4. Private courtyards are to minimise surfaces with impervious materials. Where timber decking is provided, water must be capable of infiltrating into the soil beneath the deck;

5. Contribute to water and stormwater efficiency by integrating landscape design with water and stormwater management, by:

a) using locally indigenous plants with low water demand to reduce water consumption;

b) using locally indigenous plants with low fertiliser requirements;

c) using locally indigenous plants with high water demand, where appropriate, to reduce run off from the site;

d) utilising permeable surfaces; and

e) incorporating wetland filter systems using locally indigenous plant species;

6. Employ sub-surface irrigation for watering of public spaces, using recycled water with scheduling to avoid over-watering and adverse impacts to soils and groundwater;

7. Employ swale drainage within drainage systems to promote infiltration and treatment of stormwater. Swales shall be designed to minimise maintenance requirements with the use of locally indigenous plant species or alternative coverings such as river pebble;

8. Council will require the body corporate of Habitat to enter into an appropriate management agreement for the maintenance of any drainage swale on the public roads (Bayshore Drive and Wallum Place) fronting the site;

9. Drainage systems are to be maintained to ensure that ongoing stormwater quality is achieved.

10. Design car parking areas to facilitate stormwater detention and treatment; and

11. Carry out all excavation above the existing water table and in a way that does not change the natural characteristics of the water table.

E5.5.4.7 Ecological Enhancement

Background

Habitat is almost devoid of non-grass vegetation, having been slashed for decades. Three (3) vegetation communities occur on the site. These are swamp forest (small clump on southern boundary), sedgeland (located in depressions across the site) and grassland (majority of the site). No threatened plant species have been identified on the site.

The threatened Wallum Froglet (Crinnia tinnula) has been recorded on and adjacent to the site and the threatened Wallum Sedge frog Litoria olongburensis occurs adjacent to the site. The site itself offers marginal habitat for the Wallum froglet as a result of degradation due to past disturbance.

A Compensatory Habitat Agreement exists between the land owner and Council, which will substantially enhance Wallum frog habitats and provide linkages between existing habitats of importance for these species. The development of the Habitat site will implement and inform the development of this compensatory habitat agreement.

Objectives

1. To achieve the Desired Future Character for the site as defined by Section E5.5.3.1; and

2. To assist and increase ecological restoration being undertaken to the west of the site and extend ecological restoration into the site.

Performance Criteria

1. Continue to contribute to the establishment and maintenance of Wallum frog habitats being created on adjoining land; and

2. Provide restored Wallum frog habitat in accordance with the Council approved Acid Frog Management Plan: Habitat North Beach, Byron Bay by Geolink Environmental Management and Design, Version 4 dated 4/5/17.

Prescriptive Measures

Habitat restoration within the site and adjoining lands is to be in accordance with the Council approved Acid Frog Management Plan: Habitat North Beach, Byron Bay by Geolink Environmental Management and Design, Version 4 dated 4/5/17.

Map E5.2 –Habitat

Map E5.3 – Habitat Precinct Plan

E5.6 Byron Central Hospital Locality

E5.6.1 Where this Section Applies

This Section applies to land within Zone ‘SP2 Hospital’ at Ewingsdale, described as Lot 100 DP 1140936, Ewingsdale Road.

E5.6.2 Objectives of this Section

The objectives of this Section are:

1. To facilitate achievement of the objectives of R5 zone on land adjoining development to which this Section applies.

2. To minimise conflict between land uses within the SP2 Hospital zone and land uses within adjoining zones.

3. To promote retention of a semi-rural landscape in the locality.

E5.6.3 Landscaped Buffer

Objectives

1. To provide an effective acoustic and visual buffer between the proposed hospital site and adjoining land within the R5 zone; and

2. To achieve a semi rural landscape character in and around the proposed hospital site.

Performance Criteria

Development applications must incorporate landscape and management measures to ensure that the proposed development will not create adverse visual, noise, lighting or residential character impacts on the existing or potential residential amenity of adjoining land within the R5 zone.

Prescriptive Measures

Development applications must be accompanied by a landscape plan consistent with the requirements of Chapter B9 Landscaping. The landscape plan must include (but is not limited to) construction of a mounded and landscaped buffer a minimum of 20m wide between the proposed development and adjoining land within the R5 zone. The buffer must be designed, located, intensively planted and maintained in perpetuity as a visual and acoustic screen. All planting must utilise locally indigenous species.

E5.7 The North Byron Beach Resort Site

E5.7.1 Where this Section Applies

This Section applies to land at the eastern end of Bayshore Drive identified as the North Byron Beach Resort Site on Map E5.4.

In the event of any inconsistency between Section E5.7 and other Chapters in this DCP, the provisions of Section E5.7 shall prevail.

E5.7.2 Objectives of this Section

The objectives of this Section are:

1. To promote and implement the principles of ecologically sustainable development, as identified in the aims of Byron LEP 2014, in the planning, development and management of the site.

2. To define controls on location, form, character and density of permissible development on the site.

3. To define those parts of the site that require protection from development because of their inherent habitat or biodiversity values, visual characteristics, hazard characteristics, community values or other environmental values or characteristics.

4. To maintain, protect and enhance wildlife corridors to facilitate the movement and dispersal of species between Tyagarah Nature Reserve and significant areas of native vegetation on and beyond the site.

5. To define the remediation, environmental repair and ongoing management measures that are required in order to ensure appropriate environmental restoration and improvement of specific areas and characteristics of the site.

6. To protect and enhance the visual and scenic quality of the site.

7. To ensure that the siting, scale and intensity of development protect and enhance Byron Bay’s social and cultural qualities by:

a) protecting areas and features of cultural significance;

b) accounting for local and regional values, community needs and aspirations;

c) reflecting Byron Bay’s character and scale;

d) ensuring that development of the site does not dominate or detract from the town centre; and

e) ensuring that site access does not compromise the amenity or safety of adjacent residential areas.

E5.7.3 Statement of Desired Future Character

The site is characterised by a mix of native bushland, coastal dune systems, wetlands and low intensity, low-rise and low scale tourist accommodation and ancillary uses. The integrity of native vegetation, wildlife habitats and waterbodies will be enhanced through active management and strategic revegetation. Natural areas will be separated from development by vegetated buffers and fire protection areas that are designed to minimise impacts on the integrity and quality of ecologically sensitive areas. The buffers also define the boundary of the development footprint and provide a transition between the two.

The textures, colours and design of new development will complement the existing bushland and coastal landscapes, both within and adjoining the site. Buildings will be designed to optimize energy and water efficiency. A public car park and cycle racks will be provided within the Bayshore Drive road reserve for beach users not accommodated on the site.

The land has three distinct components, each with a particular desired future character:

1. Ecologically sensitive wetlands, habitat and corridor areas, beaches and waterbodies that provide foraging and nursery areas for shorebirds and other conservation priority species. These areas also include an important habitat corridor adjoining the railway line, which is presently partly developed with holiday accommodation units but which provides a connective wildlife corridor between the Belongil Creek estuary and the Tyagarah Nature Reserve. Development (including re-development) in these areas will maximise the retention of native vegetation and habitats and provide opportunities for further revegetation over time to enhance the effectiveness of the wildlife corridor.

2. Dunes and adjacent lands that are susceptible to shoreline recession and coastal processes. These lands are characterised by vegetated and grassed dunes, hind-dune littoral rainforests and wetlands, grassed areas and waterbodies. Development in these areas will be limited to low-impact environmental facilities, coastline access and environmental management activities, and surf lifesaving facilities (note: such land is not subject to this DCP however the provisions of DCP 2010 will apply to these areas).

3. A development area central to the site containing low scale tourist accommodation and associated facilities and waterways in a landscaped setting of grassed areas and locally indigenous trees and vegetation. Within the development area:

a) the perimeter adjoining ecologically sensitive areas provides a transition between the natural environment and the central development area. It will be characterised by low building densities and open areas landscaped with grassed areas and local endemic species. The only buildings that will be located in this transition area are tourist accommodation units and environmental facilities; and

b) the centre of the developable area will contain a range of tourist facilities including a function centre and may contain shops, restaurants or cafes and related facilities.

Note: A number of existing approvals are applicable to the subject site (i.e. for the areas subject to Byron LEP 2014 and this DCP and adjoining areas that remain subject to Byron LEP 1988 and Byron DCP 2010). Those approvals include Development Application 82/479 and DA 83/513 for what was initially called Belongil Woods and now referred to as Bayshore Bungalows; and Development Application 5.1987.208.3 relating to the tourism development on the Byron Bay side of Bayshore Drive.

Development will be designed to respect and protect the ecological values, coastal processes, natural hazards and access limitations of the locality. Development will be designed to respect the relationship of the site to the adjoining Sunrise Beach residential neighbourhood, Tyagarah Nature Reserve, Cape Byron Marine Park and Belongil Beach.

Areas of natural vegetation and important wildlife habitats will be retained, protected and managed to maintain and enhance their biodiversity values. Wildlife corridors that facilitate the movement and dispersal of native species between Tyagarah Nature Reserve and significant areas of native vegetation on and beyond the site will be enhanced.

To ensure protection of native fauna species, no cats or dogs will be kept on, or brought to or through the site.

The areas that are subject to potential coastal processes will be managed in a way that ensures protection of the natural dunal and hind-dune systems. Development will be cognisant of coastal processes and will not be designed or located so as to create demands for protection from coastal erosion.

Public pedestrian access to the beach will be provided and situated so as to avoid the shorebird nesting area and to respect coastal and dune system processes.

Public car parking and cycle racks will be provided within the Bayshore Drive road reserve for beach users not accommodated on the site.

E5.7.4 Planning Principles

The desired future character shall also reflect the following planning principles:

1. Transport, Access and Parking

a) There is no significant increase in stress on the Byron Bay community in terms of access to transport infrastructure, and in particular, transport time, parking availability, traffic congestion or access to local services.

b) Additional demand on existing transport infrastructure and networks is addressed.

c) Pedestrian, bicycle and alternative transport systems (including bus and rail where feasible) connect the site to local community facilities, reducing dependence on car use.

d) Access infrastructure avoids locations of ecological or conservation value.

e) A public road is provided through the site and includes provision of a public car parking area.

2. Land Use

a) A mix of tourist, commercial /retail, community, recreational, environmental /conservation and open space uses is provided.

b) Land uses recognise, protect and enhance conservation values and coastal processes.

c) New development reflects the unique character and scale of Byron Bay.

d) The design and arrangement of buildings discourages permanent residential occupation.

3. Tourist Development

a) The type and amount of permissible development reflects the environmental, social and economic capacity of the site and Byron Bay.

b) Areas of high environmental value or cultural significance are left largely undeveloped and protected for present and future generations.

c) Natural, landscape, archaeological and cultural features are protected and enhanced.

d) Low-rise accommodation units will be the basis of any tourist accommodation, with central resort facilities incorporating a function centre.

e) Public access is provided to the beach.

4. Conservation and Habitat Protection

a) Sensitive areas are protected and enhanced.

b) Only those areas with low ecological value are used for tourism purposes.

c) The State and Regional significance of existing wildlife corridor values of the site are protected and enhanced.

d) The habitats of threatened or endangered terrestrial and aquatic species are protected and enhanced.

5. Coastal Processes and Environmental Hazards

a) Structures and facilities are designed and located to account for climate change including potential sea level rise, storm tide, flooding and other associated impacts.

b) Buildings and activities are located away from areas of active coastal processes.

c) The natural topography and physical features of the coastal dune system are protected and managed.

d) Emergency evacuation routes are provided for flood events, including those rarer than 1% AEP.

e) Community services and facilities are located outside areas of coastal or other natural hazards.

E5.7.5 Achieving the Desired Future Character

The Desired Future Character of the site set out in Section E5.7.3 is to be achieved by:

a) Defining particular Precincts and Areas within the site;

b) Specifying Principles that must apply to development of the site;

c) Specifying the type, character, form and nature of development that will be permitted within each of the Precincts; and

d) Specifying specific environmental management and environmental repair measures that must apply as a consequence of development on the site.

Map E5.4 North Byron Beach Resort Precinct Map defines the following Precincts and Areas on the site:

· Precinct 1 Developable Area Low Density Precinct.

· Precinct 2 Developable Area Higher Density Precinct.

· Precinct C Western Wetland and Heath Precinct.

· Precinct D South-western Wildlife Corridor Precinct.

· Precinct E Eastern Wetland and Littoral Rainforest Precinct.

· Bush Fire Asset Protection Zone (APZ) Areas.

· Waterbody Areas within Precincts 1 and 2.

E5.7.6 Development Applications and Site Concept Plan

Objectives

1. To ensure that development approved on land within the site will be consistent with the objectives, desired future character, principles and provisions of Section E5.7.

2. To ensure that individual developments approved on land within the site will be consistent with existing and potential future approved development.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

1. The Consent Authority will grant consent to development on the site only if it is satisfied that:

a) the proposed development will be consistent with the Objectives, Desired Future Character, Principles and relevant provisions defined by Section E5.7; and

b) the proposed development will not jeopardise the achievement of the Objectives, Desired Future Character, Principles and relevant provisions defined by Section E5.7 for other approved or potential future development on the site.

2. Development applications that propose development of only part of the site must be accompanied by a Site Concept Plan that demonstrates that the proposed development will be compatible with the longer term development of the site in a manner that can achieve the Objectives, Desired Future Character, Principles and relevant provisions defined by Section E5.7.

3. Development applications proposing development of all or a significant part of the site must contain the following supporting management plan/s:

a) Biodiversity Conservation Management Plan addressing the following specific matters:

i) Conservation, restoration and management of native vegetation, wildlife corridors and buffers.

ii) Staged removal of weed species.

iii) Buffers around waterbodies.

iv) Rehabilitation and revegetation of walking tracks through the littoral rainforest in Precinct E (where applicable).

v) Revegetation and restoration opportunities within Precinct D to enhance the operation of the wildlife corridor between the Belongil Creek estuary and the Tyagarah Nature Reserve

vi) Shorebird and seabird management strategies (where relevant)

b) Landscaping and landscape management.

c) Control and management of biting insects including mosquitoes, consistent with the requirements of Chapter B7 Mosquitoes and Biting Midges.

d) Water cycle management.

e) Dune management (where relevant)

f) An environmental education strategy to inform visitors and the general public of the environmental sensitivity of the site and the locality. The strategy must include mechanisms to encourage avoidance of the shorebird nesting area and prevention of dogs and cats being kept on or brought to the site.

Note: Further details of matters to be included in the abovementioned plans may be found in the provisions below.

E5.7.7 Conservation Areas and Corridors

E5.7.7.1 Western Wetland and Heath Precinct C

Objectives

1. To facilitate sensitively designed and managed low intensity tourism uses.

2. To identify, protect and restore endangered ecological communities.

3. To protect the paperbark and eucalypt/Lophostemon-dominated swamp forest and woodland and dry sclerophyll woodland vegetation by restoration together with revegetation of buffering vegetation.

4. To provide protection for the open freshwater habitat by revegetation of buffering vegetation.

5. To focus environmental repair and protection measures on the habitats of native fauna species (particularly threatened species).

6. To protect and enhance wildlife corridor values on the site and in the general locality.

Performance Criteria

1. Development in this precinct should incorporate revegetation and/or restoration works based on the following outcomes:

a) Restoration of the swamp sclerophyll vegetation must achieve regeneration of the understorey layers (particularly along the eastern edge) and must minimise habitat and breeding opportunities for invasive fauna species (e.g. cane toad, red fox).

b) Revegetation of a buffer to the eastern edge of the paperbark and mixed swamp sclerophyll forest vegetation must incorporate local swamp sclerophyll tree species planted at spacings designed to achieve a closed canopy and extend fully to meet the north-eastern boundaries of other precincts and/or adjoining land not subject to this DCP.

c) Revegetation of a buffer to the open freshwater habitat must incorporate local sedge and swamp sclerophyll species planted at a suitable density to maintain water quality and disadvantage access by the cane toad.

2. Development in this precinct is designed, sited and managed to avoid any adverse impacts on native vegetation or the native fauna that relies on such vegetation as habitat (whether for food, shelter or breeding).

Prescriptive Measures

There are no Prescriptive Measures.

E5.7.7.2 Southern Wildlife Corridor Precinct D

Objectives

1. To facilitate sensitively designed and managed low intensity tourism uses.

2. To identify, protect and restore endangered ecological communities and other high environmental value vegetation and habitats.

3. To protect koala habitat and enhance connectivity of koala populations

4. To focus environmental repair and protection on the habitats of native fauna species (particularly threatened species).

Performance Criteria

1. Development in this precinct should incorporate revegetation and/or restoration works based on the following outcomes:

a) Restoration and revegetation of the regenerating littoral rainforest vegetation must involve staged removal of weed species that provide food resources for frugivores, such as Camphor Laurel and Queensland Umbrella Tree, and incorporate a replacement planting program using native tree species attractive to frugivores such as figs, laurels, quandongs and acronychias.

b) Revegetation of a buffer to the eastern edge of the littoral rainforest and swamp sclerophyll vegetation must incorporate local littoral rainforest and swamp sclerophyll tree species and aim to achieve a closed canopy.

c) Revegetation of a buffer to the northern section of the dry sclerophyll forest must incorporate local dry sclerophyll forest tree species.

d) Provision must be made for safe fauna crossing of the road in the corridor between Precinct D and adjoining land to the west.

2. Development in this precinct should be designed, sited and managed to maximise opportunities for establishment and/or enhancement of the wildlife corridor between the Belongil Creek estuary and the Tyagarah Nature Reserve and to avoid any adverse impacts on native vegetation or native fauna that relies on such vegetation as habitat (whether for food, shelter or breeding).

Prescriptive Measures

A Biodiversity Conservation Management Plan submitted in accordance with Section E5.7.6 must identify opportunities for revegetation and restoration within Precinct D (including any proposed works) to enhance the operation of the wildlife corridor between the Belongil Creek estuary and the Tyagarah Nature Reserve.

E5.7.7.3 Eastern Wetland and Littoral Rainforest Precinct E

Objectives

1. To facilitate sensitively designed and managed low intensity tourism uses.

2. To identify, protect and restore endangered ecological communities and other high environmental value vegetation and habitats.

3. To protect the littoral rainforest and regenerating littoral rainforest, paperbark swamp forest and woodland and saltmarsh vegetation by restoration and revegetation.

4. To focus environmental repair and protection on the littoral rainforest and saltmarsh communities and the habitats of native fauna species (particularly threatened species).

5. To reconnect the littoral rainforest vegetation with other areas of littoral rainforest occurring in the locality.

6. To establish an effective habitat connection with Precinct D, the Southwestern Wildlife Corridor by consolidation of the littoral rainforest link through the regenerating littoral rainforest vegetation in the southwestern section of the precinct.

Performance Criteria

1. Development in this precinct should incorporate revegetation and/or restoration works based on the following outcomes:

a) Restoration of the littoral rainforest and regenerating littoral rainforest vegetation must involve staged removal of weed species that provide food resources for frugivores, such as Camphor Laurel and Queensland Umbrella Tree, and incorporate a replacement planting program using native tree species attractive to frugivores such as figs, laurels, quandongs and acronychias.

b) Revegetation of the regenerating littoral rainforest and a buffer to the western edge of the littoral rainforest must incorporate locally indigenous littoral rainforest and swamp sclerophyll tree species and aim to achieve a closed canopy.

c) Revegetation of the regenerating littoral rainforest should initially focus on consolidating the corridor link in the south-western section of Precinct E where it abuts Precinct D, the South-western Wildlife Corridor.

d) Closing and rehabilitation of existing walking tracks through the Precinct.

Prescriptive Measures

A Biodiversity Conservation Management Plan (submitted in accordance with E5.7.6 with a Development Application and Site Concept Plan) must identify the existing walking tracks to be closed and rehabilitated (including the approach to such rehabilitation).

E5.7.8 Buffers and Hazards

E5.7.8.1 Bush Fire Asset Protection Zones

Objectives

1. To provide for an Asset Protection Zone (APZ) to minimise the impacts of bushfires.

2. To establish a buffer to minimise impacts of development and associated bush fire protection measures on adjoining native vegetation, revegetation areas and wildlife habitats.

Performance Criteria

1. Bushfire hazards must be managed in accordance with Planning for Bushfire Protection (2006) or its successor.

2. Habitat revegetation and rehabilitation must be undertaken consistent with bush fire management requirements.

Prescriptive Measures

1. An Outer Protection Area of sufficient width is to be established generally as depicted by the Asset Protection Zones on the Precinct Map (Map E5.4) to act both as a fuel reduced hazard reduction area and a buffer between any development and native vegetation.

2. Where consistent with bush fire protection measures, appropriate plantings or regeneration of native species will be encouraged in this area so as to reduce the exposure of the adjoining vegetation to wind, noise, light, pollution or other detrimental factors and to provide additional resources and benefits to fauna.

3. No development or works other than bush fire protection and revegetation or landscaping is to occur in the Outer Protection Area.

4. Development comprising walking or cycle tracks, access roads, drainage, environmental facilities or recreation areas may be carried out in other parts of the defined Asset Protection Zones, provided that development or work does not compromise the Objectives of adjoining Precincts.

5. No habitable structures or storage structures may be constructed within the defined Asset Protection Zones.

E5.7.8.2 Water Body Buffers

Objectives

1. To revegetate buffers around waterbodies with appropriate local native species.

2. To reduce cane toad impacts, provide cover refuge for water fowl and improve wildlife habitat and water quality.

Performance Criteria

1. Vegetated buffers should be provided around all waterbodies to disadvantage cane toads and to improve wildlife habitat and water quality.

2. Dense plantings of local sedges and rushes should be undertaken around the edges of waterbodies to minimise opportunities for cane toad habitat.

Prescriptive Measures

1. Plantings must comprise a suite of locally indigenous species comparable with the surrounding indigenous vegetation.

2. All planting and buffers around waterbodies must be designed to disadvantage cane toads and to improve wildlife habitat and water quality.

3. Plans for revegetation of buffers around waterbodies within C, D, and E must be included in the Biodiversity Conservation Management Plan prepared in accordance with this Section.

E5.7.8.3 Mosquito Management

Objectives

1. To manage potential risks from mosquito borne diseases.

Performance Criteria

There are no Performance Criteria.

Prescriptive Measures

Development applications must include provision for management of mosquitoes and sandflies consistent with Chapter B7 Mosquitoes and Biting Midges.

E5.7.9 The Developable Area

E5.7.9.1 Built Form

Objectives

1. To ensure that development on the site achieves relevant standards that apply to development generally within Byron Shire, provides acceptable levels of daylight and ventilation, provides appropriate levels of visual and acoustic amenity, respects local climate and achieves an acceptable micro-climate.

2. To provide variety in the visual amenity of development and avoid a monotonous and excessively uniform appearance.

Performance Criteria

1. Buildings will vary in size, design and appearance, density and height throughout and be responsive to the environmental and climatic context of the site. Buildings range from low density detached and single storey built form around the perimeter to a higher density and more consolidated built form at the centre of Precinct 2.

2. Accommodation units are to be designed having regard to the NSW Government’s North Coast Urban Design Guidelines and Coastal Design Guidelines for NSW and avoid masonry construction with small eaves.

Prescriptive Measures

1. Tourist accommodation development must comply with the requirements of Chapter D3 Tourist Accommodation.

2. All traffic, access and parking provision on the site must comply with the provisions of Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access.

3. Development on land below the Flood Planning Level must comply with the provisions of Chapter C2 Areas Affected by Flood.

4. Signage on the site must comply with the provisions of Chapter B10 Signage.

5. The placement and design of development must ensure that buildings, private open space and public spaces will have:

a) access to daylight;

b) access to natural ventilation;

c) appropriate levels of visual and acoustic privacy; and

d) a pleasant micro-climate.

E5.7.9.2 Low Density Perimeter (Precinct 1)

Objectives

1. To facilitate development of tourist and visitor accommodation on land adjoining conservation areas and habitat corridors at a density, and in a form and character that ensure that the conservation values of the adjoining lands are not compromised.

Performance Criteria

1. Development within Precinct 1 will consist of tourist and visitor accommodation units at low densities in a landscaped area of grasses and local native species, consistent with the Desired Future Character Statement in Section E5.7.3 and the Objectives of this section.

2. Buildings in Precinct 1 shall be low-scale, use materials that are light weight in appearance and have a gross floor area less than, and a function secondary to, buildings in the Central Development Area (Precinct 2).

3. Landscaping will enhance amenity and be appropriate to its location adjoining conservation areas and habitat corridors.

Prescriptive Measures

1. No single tourist and visitor accommodation unit should have a gross floor area greater than 80m² or more than 3 bedrooms.

E5.7.9.3 Central Development Area (Precinct 2)

Objectives

1. To facilitate development of a range of tourist and visitor accommodation including a function centre, shops, restaurants and cafes and related facilities in Precinct 2 designed and located to maximise convenience to potential users and to minimise adverse impacts on the amenity of persons utilising tourist accommodation on the site.

2. To promote flexibility and innovation in design and form of development within Precinct 2.

Performance Criteria

1. The development of facilities and services that provide for the recreational, cultural and social needs of both tourists and residents of Byron Shire is encouraged in Precinct 2.

2. Development other than tourist accommodation should be:

a) clustered together in a focal area in Precinct 2;

b) be located to minimise adverse impacts on the amenity and quiet enjoyment of tourist accommodation on the site.

Prescriptive Measures

There are no prescriptive measures

E5.7.9.4 Drainage and Water Cycle Management

Objectives

1. To ensure that management of surface water and ground water on the site is consistent with the principles of Integrated Water Cycle management and Water Sensitive Urban Design.

2. To protect the site’s sensitive geophysical environment.

Performance Criteria

1. Water cycle and drainage design on the site must incorporate water sensitive urban design principles such as stormwater source control, stormwater and wastewater re-use, potable water demand reduction, the utilisation of natural flow paths and provision of drainage measures with pervious surfaces. It must also address flooding impacts in accordance with the requirements of Chapter C2 Areas Affected by Flood.

2. The site’s water cycle must be designed to utilise natural processes, systems and storage. The design must apply reuse principles to reduce the quantities, velocities and pollutant loads of stormwater discharged from developed areas, improve the efficiency of water use and reduce demand for imported mains water.

3. The system must be designed to install a continuous chain of treatment elements (“treatment chain”) that address not only flooding impacts, but also flow volumes, water quality, water conservation and ecological impacts arising from processes such as flooding and fluctuations in the water table. A development application for development on the site must contain a comprehensive Water Cycle Management Strategy. The Strategy must address the principles of water sensitive urban design and treatment system maintenance.

4. All excavation must be carried out above the existing water table and in a way that does not change the natural characteristics of the water table.

5. No building elements, parking or storage areas shall be constructed below the level of the natural water table.

Prescriptive Measures

1. All drainage and water cycle management measures must comply with the requirements of Chapter B3 Services. Flooding issues and impacts must be addressed in accordance with the requirements of Chapter C2 Areas Affected by Flood.

2. A comprehensive assessment of the contaminants in groundwaters and waterbodies must be undertaken, specifically focusing on heavy metals and arsenic. Causes of any contamination and appropriate mitigation measures must be identified. Waterbodies found to be unsafe for human use must be clearly signposted.

E5.7.9.5 Landscape

Objectives

1. To provide a development landscaped with locally indigenous species.

2. To ensure that the landscape of the site is harmonious with the natural environment and respects and protects the sensitive character of its setting.

Performance Criteria

1. Precincts C, D, and E must be rehabilitated, landscaped and managed in accordance with the requirements identified in this Section.

2. The landscape of the developed areas must be designed to reinforce protect and enhance the spread of the indigenous tree canopy and preserve existing waterways.

3. Landscaping in Precincts 1 and 2 must be characterized by only locally indigenous tree and shrub species and grassed areas, and must not include species that have the potential to be environmental weeds.

4. Landscaping must be designed, constructed and maintained so as to:

a) Retain and rehabilitate natural watercourses, native riparian vegetation and other natural landscape features;

b) Promote natural water balance;

c) Take into account site constraints, hazards and microclimatic conditions;

d) Promote efficient water use;

e) Provide for the removal of pollutants prior to the discharge of runoff to receiving waters; and

f) Minimise the need to use herbicides and artificial fertilizers.

Prescriptive Measures

1. A landscape plan prepared in accordance with the requirements of Chapter B9 Landscaping must be submitted with a development application proposing development of all or part of the site for tourist accommodation or other ancillary or associated tourist development.

2. Plants known or with the potential to become weed species must not be used.

3. Landscaping must use locally indigenous native tree and shrub species, and must prefer local provenance seed sources.

E5.7.9.6 Tourism Management

Objectives

1. To ensure that development will be operated and managed as tourist and visitor accommodation and that these facilities are not used for permanent residential occupation.

Performance Criteria

A development application must identify controls on the proposed development that ensure to the Council’s satisfaction that tourist and visitor accommodation will not be utilised for residential purposes.

Prescriptive Measures

There are no Prescriptive Measures.

E5.7.10 Environmental Management and Repair

E5.7.10.1 Beach Access

Objectives

1. To provide for legal public access to the beach.

2. To limit human impacts on the shorebird nesting area, dunes, Aboriginal sites, vegetation and adjacent reserves.

Performance Criteria

1. The siting and design of the road, pedestrian and cycle access across the site for tourists and the general public must be consistent with the Section Objective of the Precinct(s) through which it travels and must be located so as to promote safety and convenience for users.

2. Provision must be made in a convenient location on the Bayshore Drive road reserve for public parking and for safe bicycle storage, primarily to accommodate beach parking for Shire residents. The location of the parking and cycle storage areas must be such that people are encouraged to use the existing beach access track and are discouraged from crossing the dunes elsewhere. The location and design of the parking facilities must be consistent with the Section Objective of the Precinct(s) in which they are located and must have regard for water cycle management, coastal processes, vegetation management, erosion management and maintenance.

3. Signage must be provided to inform people of the location of the shorebird nesting area, the need to avoid the shorebird area during the breeding season, the need to respect and avoid turtle nesting sites, the location of the Tyagarah Nature Reserve, and zonings, and associated restrictions on activities, of the Cape Byron Marine Park in the vicinity.

4. All facilities referred to in this Section must be designed and constructed to avoid damage to any Aboriginal sites, littoral rainforest or threatened plants, and so as not to hinder the movement of wildlife due to inappropriate fencing or other structures.

5. Full details of the proposed works, environmental management measures and maintenance measures described above must be included with the Development Application for the first stage of development on the site.

Prescriptive Measures

There are no Prescriptive Measures.

E5.7.10.2 Environmental Management

Objectives

1. To ensure the preparation of appropriate environmental management plans for the conservation precincts on the site.

2. To ensure the preparation of a Biodiversity Conservation Management Plan to protect and enhance high value native vegetation, to consolidate vegetation boundaries and reduce edge effects, to control and where possible eliminate environmental weeds, to enhance habitat values and to revegetate and consolidate wildlife corridors.

3. To ensure the preparation of strategies for Seabird and Shorebird Management (where relevant) to enhance the breeding success of seabirds and shorebirds and to manage impacts of human activities, foxes and dogs on their habitat.

4. To ensure the preparation of a Dune Management Plan (where relevant) to protect and enhance natural coastal dune vegetation, to control the impact of development on dune stability and to maintain coastal processes.

5. To identify and ameliorate Key Threatening Processes.

Performance Criteria

Development applications must include management strategies to address Key Threatening Processes under the Threatened Species Conservation Act 1995, including specified measures to reduce the distribution and abundance of species identified as a Key Threatening Process.

Prescriptive Measures

1. Where relevant strategies for Dune Management and Seabird and Shorebird Management (included in the Biodiversity Conservation Management Plan) must be submitted for approval by Council in conjunction with the first stage of any tourist, recreational, accommodation or related development on the site. These management strategies/management plans must be developed in consultation with the relevant Government Agencies and Byron Shire Council.

2. Plantings must be of locally indigenous species of local provenance seed stock, and comprise a suite of species compatible with the surrounding indigenous vegetation.

3. No cats or dogs are to be kept on, or brought to or through the site.

Map E5.4 – North Byron Beach Resort Precinct Map

DA No.	10.2018.483.1
Proposal:	Rural Tourist Accommodation: Eight (8) Cabins, Swimming Pool and Associated Works
Property description:	LOT: 4 DP: 621548
Property description:	58 Montecollum Road WILSONS CREEK
Parcel No/s:	53590
Applicant:	Frank Stewart Architect
Owner:	Mr S B Yishay & Ms L B Levi
Zoning:	Zone No. RU2 Rural Landscape / PART DM Deferred Matter
Planning Officer:	Mr B J Grant
Referral Date:	26 June 2019

	Fees paid	Date paid	Receipt No.
Stormwater (55)
Roads Act (51)

Date	Description	TRIM Doc. No.
28/9/18	Engineering Referral & Assessment	A2018/31532
26/6/19	Report 15 08 2019	I2019/974
24/4/19	Recommended Conditions	E2019/29050

Doc No.	Date Amended	Details Comments eg Resolution No.
#962911		Reported to Council 21 October 2010
#1021375	21 October 2010	Res 10-867 – to exhibit the Public Art section as a new section for the DCP 2002
#1021375		Draft DCP 2010 Part E (public exhibition copy)
#1068277	14 March 2011	Adopted Res 11-169 - Format changes applied
#E2019/6129	30 April 2019	Updated to reflect changes in the 2014 DCP Res 18-840 (public exhibition version)

Doc No.	Date Amended	Details Comments eg Resolution No.
#274156	Adopted 4 September 2001 Effective 10 October 2002	Res 01-1031
#355911	Adopted 15 April 2003 Effective 24 April 2003	Res 03-324
#417123	Adopted 2 January 2004 Effective 15 January 2004	Res 03-856
#462544	Adopted 8 June 2004 Effective 1 July 2004	Res 04-515
#462544	14 October 2010	Res 10-696 - to create Draft DCP 2010 for public exhibition
#1018673		Draft DCP 2010 Chapter 17 (public exhibition copy)
#1072373	14 March 2011	Adopted Res 11-169: format changes applied
#E2013/36947	27 June 2013	Draft DCP 2010 Chapter 17 for review as per Res 13-249
#E2013/41003	2 July 2013	Draft DCP2010 Chapter 17 (Public Exhibition Copy) Res 13-351
#E2013/52113	Adopted 19 August 2013 Effective 20 August 2013	Res 13-351
#E2018/88824	1 October 2018	Res 18-358. Updated public exhibition controls and introduced pre-lodgement community consultation requirements
#E2019/4299	17 January 2019	Res 18-838 changes made to levels of public exhibition table (public exhibition copy)
#E2019/28781	Adopted 20 June 2019 Effective 10 July 2019	Res 19-260
#E2019/52406		Public art amendment – notification to Arakwal

Development Type	Litter	Coarse Sediment	Fine Particles	Total Phosphorous	Total Nitrogen	Hydrocarbons, motor fuels, oils & grease
Low Density Residential 1. bed and breakfast accommodation & farm stay accommodation	Y	N	N	Y	Y	N
Medium Density Residential 2. & tourist and visitor accommodation (excluding bed and breakfast accommodation & farm stay accommodation)	Y	Y	Y	Y	Y	N
Commercial, Shopping & Retail Outlets	Y	Y	Y	N	N	N
Industrial	Y	Y	Y	?	?	Y
Car Parks, Service Stations & Wash Bays	Y	Y	Y	N	?	Y

Pollutant / Issue	Retention Criteria
Litter	70% of average annual load greater than 5mm.
Coarse Sediment	80% of average annual load for particles 0.5mm or less.
Fine Particles	50% of average annual load for particles 0.1mm or less.
Total Phosphorous	45% of average annual load.
Total Nitrogen	45% of average annual load.
Hydrocarbons, motor fuels, oils & grease	90% of average annual load.