Image of Byron Shire Lighthouse. Image of Byron Shire Council logo.Agenda

Extraordinary Meeting


Thursday, 23 May 2024


Agenda Extraordinary Meeting

held at Council Chambers, Station Street, Mullumbimby

commencing at 2:00 PM

 

Public access relating to items on this agenda can be made between 9:00 and 10:30 am on the day of the meeting. Requests for public access should be made to the General Manager or Mayor no later than 12:00 midday on the day prior to the meeting.

 

Mark Arnold

General Manager

 


CONFLICT OF INTERESTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

·                Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

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

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

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

(b)  not including the making of an order under that Act.

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

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

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

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

 

 

OATH AND AFFIRMATION FOR COUNCILLORS

Councillors are reminded of the oath of office or affirmation of office made at or before their first meeting of the council in accordance with Clause 233A of the Local Government Act 1993. This includes undertaking the duties of the office of councillor in the best interests of the people of Byron Shire and the Byron Shire Council and faithfully and impartially carrying out the functions, powers, authorities and discretions vested under the Act or any other Act to the best of one’s ability and judgment.

 


BYRON SHIRE COUNCIL

BUSINESS OF Extraordinary Meeting

1.    Public Access will be held at 9am

2.    Apologies

3.    Declarations of Interest – Pecuniary and Non-Pecuniary

4.    Notices of Motion and Rescission

4.1       PLANNING - DA 10.2023.491.1 - Dual Occupancy (detached) – 541 Federal Drive, Federal............................................................................................................................. 7

  

 

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

 

 


BYRON SHIRE COUNCIL

Notices of Motion and Rescission                                                                              4.1

Notices of Motion

 

Notice of Rescission Motion No. 4.1  

 

PLANNING - DA 10.2023.491.1 - Dual Occupancy (detached) – 541 Federal Drive, Federal

File No:                                                        I2024/771

 

  

 

We move that Council rescind Resolution No. 24-191 from its Ordinary Planning meeting held on 16 May 2024 which reads as follows:

24-191 Resolved that:

1.       That determination of Development Application No. 10.2023.491.1 for New Dwelling to create Dual Occupancy (Detached), be deferred subject to an amended design to be considered with the applicants to relocate the subject dwelling 50 to 80 metres to the north or north west of the proposed site to avoid land slip areas and the water bore/well.

2.      The matter to then be reported back to Council at the next available Council meeting prior to the Caretaker period (from 16 August 2024) following those discussions.  

If successful we intend to move:

That pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2023.491.1 for New Dwelling to create Dual Occupancy (Detached), be granted consent subject to the conditions of approval at the end of this report.

 

 

Signed:  Cr Michael Lyon

Cr Mark Swivel

Cr Asren Pugh

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                             5.1

Staff Reports - Sustainable Environment and Economy

 

PLANNING - DA 10.2023.491.1 - Dual Occupancy (detached) – 541 Federal Drive, Federal

Directorate:                         Sustainable Environment and Economy

Report Author:                   Jordan Vickers, Planner

File No:                                 I2024/772

Proposal:

DA No:

10.2023.491.1

Planning Portal ref

PAN-398199

Proposal description:

New Dwelling to create Dual Occupancy (Detached)

Property description:

LOT: 5 DP: 793657

541 Federal Drive FEDERAL

Parcel No/s:

22690

Applicant:

Ms K J Ackland

Owner:

Ms K J Ackland

Zoning:

C2 Environmental Conservation / PART RU2 Rural Landscape 

Date received:

21 December 2023

Integrated / Designated Development:

    Integrated

    Designated

    Not applicable

Concurrence required

No

Public notification or exhibition:

-    Level 1 advertising under Council’s Community Participation Plan.

-    Exhibition period: 11/1/24 to 24/1/24

-    Submissions received: 2

-    Submissions acknowledged: Yes     No          N/A

Concurrent approvals included with DA

N/A

W & S (68)

OSMS (68)

ST (68)

RA (138)

Other:

 

Planning Review Committee

7 March 2024 – Decision Maker: Council Meeting

Variation request to Development Standards under an EPI (eg clause 4.6)

Not applicable

 

Estimated cost

$317,513.00

Delegation to determine

Council

Issues

Bushfire prone land

Public submission

Summary:

 

The DA proposes New Dwelling to create Dual Occupancy (Detached).

The application appropriately addresses the relevant constraints applying to the site, and is recommended for approval subject to the conditions listed in the Recommendation of this Report below.

Recommendation:

·        Pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2023.491.1 for New Dwelling to create Dual Occupancy (Detached), be granted consent subject to the conditions of approval at the end of this report

Summary:

This application seeks approval for new Dwelling to create Dual Occupancy (Detached). The proposed dual occupancy dwelling is comprised of two bedrooms, laundry, bathroom and an open-plan living and kitchen area. The dwelling is located 80m from the existing dwelling on the allotment and will gain access via the existing driveway at the property as required by the LEP, Clause 4.2A. It will be serviced by rainwater tanks and an On-site Sewage Management System. Minor cut/fill/batter is required to establish the driveway and building pad for the development, with excavation and retaining up to 1m.

Submissions have been received highlighting concerns regarding: the possibility of landslip in the vicinity, the driveway is not suitable for increased use, and that contaminated fill has been used at the site. In relation to slope and land stability, the site of  the subject dwelling is located to the south of the existing dwelling and some 140 metres from the Landslip on Federal drive.

Council’s Development Engineer reviewed a Geotechnical Report prepared by qualified geotechnical consultants for the development. It was found that that the site is a Low Risk and is suitable for the proposed dwelling.  In terms of access to the dwelling existing and proposed arrangements from Federal Drive are adequate for this development. A Preliminary Contaminated Land assessment was submitted, and it is considered the location of the building is not contaminated and is suitable for a residential use.

The proposal is recommended to be approved, subject to conditions.

NOTE TO COUNCILLORS:

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

  

RECOMMENDATION:

That pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2023.491.1 for New Dwelling to create Dual Occupancy (Detached), be granted consent subject to the conditions of approval at the end of this report

Attachments:

 

1        DA10.2023.491.1 Plans for Approval, E2024/47892 , page 28  

2        DA10.2023.491.1 Conditions of Consent, E2024/47893 , page 33  

3        DA10.2023.491.1 Submissions redacted, E2024/48248 , page 54  

4        DA10.2023.491.1 Geotechnical Report - New Dual Occupancy - 541 Federal Drive, Federal, E2024/47887 , page 63  

 


 

Assessment:

1.   INTRODUCTION

History/Background

A search of Council records indicates the following relevant site history:

DA No.

Description

Outcome

Date

10.2003.417.1

Dwelling house & carport

Approved

28/10/2003

10.2003.417.2

Mod: OSMS

Refused

19/05/2005

10.2007.413.3

Mod: OSMS

Approved

17/08/2005

10.2017.175.1

Alts & Adds to Dwelling, new swimming pool

Approved

14/07/2017

10.2022.148.1

Tennis Court lighting

Approved

05/05/2022

Description of the proposed development

This application seeks approval for New Dwelling to create Dual Occupancy (Detached). The proposed dual occupancy dwelling is comprised of two bedrooms, laundry, bathroom and an open-plan living and kitchen area. The dwelling is located 80m from the existing dwelling on the allotment and will gain access via the existing driveway at the property. It will be serviced by rainwater tanks and an On-site Sewage Management System. Minor cut/fill/batter is required to establish the driveway and building pad for the development, with excavation and retaining up to 1m.



Description of the site

The subject site known as 541 Federal Drive, Federal and legally described as Lot 5 on DP793657 has a site area of 22.41ha and is located within the Environmental Conservation (C2) and Rural Landscape (RU2) zones of the Byron LEP 2014. It is identified as Bushfire Prone land containing high environmental value vegetation, and is traversed by Essential Energy overhead infrastructure. The property is improved by an existing dwelling house, tennis court and shed. Access is granted to the property via an existing crossover at Federal Drive.

A site inspection was carried out on 12 February 2024

Land is legally described

LOT: 5 DP: 793657

Property address

541 Federal Drive FEDERAL

Land is zoned:

C2 Environmental Conservation / PART RU2 Rural Landscape

Land area is:

22.41 ha

Property is constrained by:

 Bushfire prone land     

High Environmental Value   

 

Is a BDAR required due to the location of the proposed development?

Yes  No

 

Are there any easements in favour of Council affecting the site?

Yes  No

 

Is there a Vegetation Management Plan which might affect the proposal?

Yes  No

 

Is there a Voluntary Planning Agreement which might affect the proposal?

Yes  No


 

 

 

 


2
3

2
3

 


2.   SUMMARY OF REFERRALS

Referral

Issue

Environmental Health Officer*

No objections subject to conditions.

Development Engineer

No objections subject to conditions.

S7.11 / Contributions Planner

No objections subject to conditions.

 

3.    SECTION 4.14 – BUSH FIRE PRONE LAND

Under section 4.14 of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document ‘Planning for Bush Fire Protection 2019’. The site is bush fire prone land. The development application is accompanied by a Report by FireTech dated 29/11/2023 which provides conditions. Conditions are included in the Recommendation of this Report requiring that the development must comply at all times with the requirements of the forementioned report.

Effect of 10/50 rule on significant vegetation

A search for the subject site was conducted on the Rural Fire Service website to determine the 10/50 status. The search identified the following:

The parcel of land you have selected is located in a designated 10/50 vegetation entitlement clearing area. You must read the 10/50 Code of Practice carefully to ensure that you are only clearing in accordance with the 10/50 Code. For more information see our frequently asked questions.

Accordingly, the land owner may clear vegetation in accordance with the 10/50 Vegetation Clearing Code Of Practice For New South Wales.

4.   SECTION 4.15C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

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

State Environmental Planning Policies (SEPP)

Considerations

Satisfactory

Unsatisfactory

Resilience and Hazards SEPP 2021

Chapter 4: Remediation of land

Consideration:

Council’s Environmental Health Officer (EHO) reviewed the submitted preliminary contaminated land assessment (PSI) and concurs that the site is suitable for the proposed residential use.

Council’s EHO gave specific regard to matters raised in public submissions pertaining to the deposition of “potentially contaminated fill” at the building pad. In this regard the soil samples used for the PSI were taken (27/11/2023) after the deposition of mulch at the location of the building pad, which occurred prior to 16 September 2023 (confirmed by aerial imagery).

Sustainable Buildings SEPP 2022

Consideration:

The proposal is accompanied by a valid BASIX and NatHers certificate. The SEPP has been addressed and the proposal is considered to comply. 

 

4.2A Byron Local Environmental Plan 2014 (LEP 2014)

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

(a)     The proposed development is defined in the LEP 2014 Dictionary as Dual occupancy;

(b)     The land is within the C2 Environmental Conservation / PART RU2 Rural Landscape according to the Land Zoning Map;

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

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

Zone Objective

Consideration

C2 Environmental Conservation

The proposal takes place entirely within the Rural Landscape (RU2) zone and assessment against the C2 zone is not required.

Rural Landscape (RU2) zone Objectives

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

•  To maintain the rural landscape character of the land.

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

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

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

The proposal considers the continued use of the land for residential purposes. The Dual occupancy dwelling is proposed to be located 80m from the existing dwelling on the property, and is unlikely to adversely impact on the rural character of the land.

It is considered the proposal will not detract from the rural landscape character or scenic quality of the locality and is not inconsistent with the zone objectives.  

Clause 4.2D Erection of Dual Occupancies and secondary dwellings in Zones RU1 and RU2

It is considered the proposed dual occupancy complies with the provisions of the clause as follows:

·    the dwelling located 80 metres from the primary dwelling,

·    will use the same driveway as the existing dwelling

·    the site is considered suitable for the dwelling in terms of agricultural uses and onsite effluent disposal

·    wont have an adverse impact scenic amenity or character of the rural environment.  

Clause 4.3 Height of Buildings

The proposed single storey dwelling with a height of approximately 5 metres complies with the 9 metre height limit.

Clause 6.5 Drinking water catchments

The main potential impact from the proposal like others within the Wilsons River Drinking Water Catchment is from the disposal of effluent onsite.  The proposal has been designed with a septic tank with secondary treatment via a wetland before disposal via an ETA bed. The proposal is considered suitable with conditions of consent to apply. 

Clause 6.6 Essential Services

All necessary services are available for the development.

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

There are no proposed Environmental Planning Instruments of relevance to the proposal.

4.4 Byron Shire Development Control Plan 2014 (DCP 2014)

Chapter D2 Residential Accommodation and Ancillary Development in Rural Zones

The proposed dual occupancy is satisfactory in terms of the general provisions and is suitably setback from surrounding properties which are predominantly used for rural residential type purposes. As discussed above the proposal is unlikely to have an impact upon the scenic qualities of the locality and the dwelling is to be clad in dark color-bond as opposed to surf mist or other highly reflective materials.

Adequate room is available on site for car parking and effluent disposal and the dwelling is setback some 84 metres from the closest boundary complying with the minimum 10 metres as prescribed under the DCP. 

The proposal is considered acceptable in terms of the provisions of D2 and raises no other issues under DCP 2014.

4.5  Environmental Planning and Assessment Regulation 2021

 

Applicable to the proposal:

Considered the control as it relates to the proposal:

If this control is applicable, does the proposal comply?

Section 61 - Additional matters that consent authority must consider

Yes   No

Yes  No

NA 

Yes  No

NA 

Section 62 - Consideration of fire safety

Yes   No

Yes  No

NA 

Yes  No

NA 

Section 64 - Consent authority may require upgrade of buildings

Yes   No

Yes  No

NA 

Yes  No

NA 

Section 63 - Considerations for erection of temporary structures

Yes   No

Yes  No

NA 

Yes  No

NA 

* Non-compliances and any other significant issues discussed below

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

Impact on:

Likely significant impact/s?

Natural environment

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

Built environment

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

Social Environment

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

Economic impact

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

Construction Impacts

No. The development will generate minor impacts during its construction. Conditions of consent recommended to control hours of work, builders waste, construction noise, installation of sedimentation and erosion control measures and the like to ameliorate such impacts.

Marine Estate Management Act 2014

The development is unlikely to have an effect on the plants or animals within the Cape Byron Marine Park or their habitat.

Council Policies applicable to the proposed development?

Council Policies applicable to the proposed development have been considered through the assessment of this application with relevant conditions imposed where necessary.

4.7                         The suitability of the site for the development


Issue

Comment

Services

-     Water/ Sewer/ Stormwater

-     Ph/ power

-     Access

-     The dwelling will be serviced by 40,000L rainwater tanks for domestic water supply.

-     An On-site Sewage Management System is proposed for the dwelling.

-     Stormwater can be accommodated on site

-     Telecommunications and electricity infrastructure are available at the property.

-     Access is provided to the property via Federal Drive.

Onsite Effluent Disposal

-     An On-site Sewage Management System is proposed for the dwelling.

Bushfire

 

The land is identified as bushfire pone and a Bushfire Assessment report accompanies the proposal. Conditions of consent will apply as recommended.

Land Use conflicts

The proposal considers the continued use of the land for residential purposes. It does not introduce any land uses which may cause conflict within the locality.

Surrounding land uses are predominantly rural residential, particularly on immediately adjoining lots.

Land Slip

A Geotechnics report was submitted by OB Geotechnics for the subject site. Slopes were considered moderate compared to the where the landslip occurred on Federal Drive. An extract from there plan is provided below.

The review of the Geotechnical Report prepared by OB Geotechnics is based on a quantitative analysis in accordance with Australian Geomechanics Society, Practice Note Guidelines for Land Risk Management, Volume 42, No. 1, March 2007. The summary is tabulated below: -

 

As discussed in the report, The landslip risk assessment results show the that the proposed new dual occupancy development has been assigned a risk instability of “Low” in accordance with AGS2007c. The proposal is supported by Councils development engineer who has recommended conditions of consent accordingly.

4.8 Submissions made in accordance with this Act or the Regs.

The development application was publicly exhibited.

There were 2 submissions of opposition made on the development application which are discussed hereafter:

Ø Landslide hazard

The property is adjacent to the landslip which occurred at Federal Drive and highlights concerns that the location of the proposed Dual occupancy will contribute to further instability at their land. The submitter notes that the development site (and greater locality) are well known for underground springs which can cause landslip when disturbed.

Comment:

The Federal Drive landslip occurred within the northern portion of the development site, on significantly steep land. The proposed dwelling is located approximately 140m to the south of the landslip, with substantially less gradient, on the opposite site of the crest to the landslip (see below).

 

 

 

 

 

Council’s Development Engineer reviewed the proposal and the submitted geotechnical report and it is considered that landslip is not an issue for this proposed development.

 

Ø Relocation of Contaminated Soil to the site

The submission notes that they were advised by a tip truck driver that the site was the destination of up to 60 tipper loads (approximately 600 tonnes) of soil, relocated from the landslip at Federal Drive. The submitter is concerned that this soil is contaminated (having come from former banana plantation land) and will contribute to contamination of the environment and water table. In this regard the submitter notes the soil was then mulched up.

 

Comment: The matter was raised with the applicant planning consultant Chris Pratt from Planning resolutions) who advised the following:

 

The owner advises that there was no soil or fill delivered or moved to the site from the Federal Slip works. She was offered mulch created from fallen trees and some of the basalt rocks/ boulders that came from the Federal drive landslip area on her property. These were delivered by Byron shire Council contractors working on the Federal Slip. The basalt rocks and bounders were delivered to the tree line on the south side of the lower field away from the proposed dwelling site. The mulch and rocks are evident in the photograph. (See below) The land contamination assessment by Greg Alderson and Associates was carried out after this photo was taken.

 

 

Council’s Environmental Health Officer (EHO) reviewed the submitted preliminary contaminated land assessment (PSI) and concurs that the site is suitable for the proposed residential use. The soil testing was carried out after mulch was placed on house site. The report indicates the samples were taken on 22 November 2023.  There is no evidence to suggest the land is contaminated. The area of the dwelling has a layer of mulch over it and there is no evidence of 60 trucks loads of soil being disposed of at the house site.

 

 

 

 

 

 

 

 

 

 

 

 

 


Deposited Rocks and Boulders

 

 

 

 

 

 

 

Ø Use of shared driveway

It is suggested that the driveway is not designed for or in a condition to support additional dwellings, and that insufficient sight-distances exist.

Comment: Council’s Development Engineer has reviewed the proposal and notes that the driveway and access is suitable and can be upgraded via Roads Act consent to upgrade the driveway. It is understood the neighbour next door benefits from a right of way over the driveway on the subject land. It is considered the driveway can cater for the additional dwelling and the extra traffic that generates. Conditions of consent are recommended accordingly for the driveway crossover within the road reserve to be resealed. 

 

Ø Old windmill and bore

Proposal will have an impact on the bore and groundwater quality

Comment: The applicant has advised the old windmill has not been in operation for pumping water since the 1990’s and has been covered over with metal sheets and concrete blocks. The well is also above the land application area. The applicant advises the windmill is to be removed and the well permanently sealed to prevent future use and any potential impacts of cross contamination. Conditions to apply.

Ø Proposed dwelling location

The proposed dwelling location is prone to landslip and contains contaminated soil, and is an inappropriate location for the proposed dual occupancy dwelling.

 

Comment: As discussed above the proposed site is considered suitable for the development.

4.9 Public interest

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

5.    DEVELOPER CONTRIBUTIONS

5.1 Water & Sewer Levies

No Section 64 levies will be required.

5.2  Developer Contributions

Section 7.11 Contributions will be payable.

6.    DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

Disclosure details

Response

Has a Disclosure Statement been received in relation to this application?

If Yes, Provide Disclosure Statement register reference: 91.

Yes No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed.

Yes No

7.    CONCLUSION

The DA proposes New Dwelling to create Dual Occupancy (Detached).

The proposed development is satisfactory having regard to the relevant environmental planning instruments and planning controls applicable to the site. The proposal raises no significant issues in terms of environmental impacts which cannot be managed. The site is a serviced, unconstrained property and is considered suitable for the proposed development.

The application appropriately addresses the relevant constraints applying to the site, and is recommended for approval subject to the conditions listed in the Recommendation of this Report.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                       5.1 - Attachment 1





 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                      5.1 - Attachment 2





















 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                      5.1 - Attachment 3









 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                      5.1 - Attachment 4