GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Environmental Services and Sustainability Committee Meeting TO BE HELD ON Tuesday 7 May, 2013

Page 1

 

 

   TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 2

ITEM 2      DECLARATIONS OF INTEREST....................................................... 2

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 3

ITEM 4      DEVELOPMENT APPLICATION 2013/117 - REMOTE CONTROL CAR TRACK - PART OF LOT 3 DP 866377 SMITH ROAD, CLERGATE............. 3

ITEM 5      MODIFICATION FOR DA 2006/238 FOR LOT 80 DP 1086315, LOTS 8, 30, 37, 40-44, 97, 98, 102-110 DP 756883 AND LOT 3 DP 191257, MITCHELL HIGHWAY, ORANGE............................................................................................... 15

ITEM 6      MODIFICATION DEVELOPMENT APPLICATION 2010/122/1 FOR ADDITIONS TO EXISTING COMMERCIAL BUILDING, LOT A DP 330406, PYE STREET, EUGOWRA........................................................................................... 26

ITEM 7      DEVELOPMENT APPLICATION 2012/97, SUBDIVISION (BOUNDARY ADJUSTMENT) ON LOTS 3 & 4 DP 1010730, EDINBORO LANE, CARGO       36

ITEM 8      HERITAGE COMMITTEE................................................................... 46

ITEM 9      BUSINESS PAPER ITEMS FOR NOTING...................................... 48   

 

ANNEXURE ITEMS

 

ANNEXURE 4.1    Draft Conditions of Consent DA 2013 117....... 49

ANNEXURE 5.1    Subdivision Layout DA 2006/238.............................. 54

ANNEXURE 5.2    Draft Conditions of Modification DA 2006/238 55

ANNEXURE 6.1    Site Plan ............................................................................. 64 

 


 

 

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

 

Reason For Report

To allow tendering of apologies for Councillors not present.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 463624

 

 

 

Recommendation

 

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

 

General Manager's REPORT

 

A call for apologies be made.

 

 

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 463625

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

General Manager's REPORT

 

A call for Declarations of Interest.

 

 

ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare any Political Donations received.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 463626

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager's REPORT

 

A call for Declarations of any Political Donations.

 

 

ITEM 4 - DEVELOPMENT APPLICATION 2013/117 - REMOTE CONTROL CAR TRACK - PART OF LOT 3 DP 866377 SMITH ROAD, CLERGATE

REPORT IN BRIEF

 

Reason For Report

To gain approval from the committee.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a Provide efficient and effective development assessment.

Annexures

1.  Draft Conditions of Consent DA 2013 117    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0117 - 464109

 

 

Recommendation

 

THAT Development Application 2013/117 for a recreation area (remote control car club) upon part of Lot 3 DP 866377, Smith Road, Clergate be granted consent subject to the conditions attached.

 

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for a recreation area ( remote control car club)  upon land known as part of Lot 3 DP 866377, Smith Road, Clergate.

 

The application has been referred to the Environmental Services and Sustainability Committee for determination as submissions have been received.

It is recommended that the application be approved subject to conditions of consent.

 

Applicant: Andrew Curless

Owner:      Peter G Culverson

Proposal:  Recreation area (remote control car club)

Location:   Part of Lot 3 DP 866377

Zone:         RU1 Primary Production    / 1(a) General Rural

 

Site

The site is located on Smith Road west of Mulyan Road and is approximately 4 kms south of Mullion Creek. The subject land has an area of approximately 9 hectares and currently features an approved motocross track and amenities (DA 1985/82). The remote control car club currently operates informally from a track located upon the land. The use of the site by the remote control car club does not have development approval from Council.

 

Terrain is mostly flat, except for the motorcross track which has been modified to form a race track. There is some scattered remnant vegetation and otherwise the site is mostly cleared. There is a small dam near the remote control car track which is fed by a natural spring. Access to the site has been constructed via Mulyan Road (sealed) and there is off-street parking available for club members.

 

Proposal

 

The development application was lodged on 11 January 2013  prior to the  implementation of the Cabonne LEP 2012. The application is therefore to be considered under the provisions of the Cabonne LEP 1991, with reference to the then draft Cabonne LEP 2012.

 

Council approval is sought for the use of part of the subject land for a remote control car track (outdoor recreation area). The area identified by the club for its use consists of 280m² and is located midway along the Smith Road frontage and approximately 90m from the western boundary of the subject land. The Radio Control Car Club of Orange proposes to use the site periodically for race days and practice sessions during the following times:-

 

-     Every six (6) weeks for  a race day which involves around a maximum of 30 club members racing their remote control cars throughout the day in different categories. The racing starts at 9am and finishes at approximately 5pm.

-     All other days between 9am and 8pm for practice sessions. No more than 10 club members at a time. Practice sessions will also be used for maintenance of the track.

A porta-loo is provided by the club as a temporary amenities facility and general waste is collected in garbage bins, both of which are removed at the end of each race day or practice session. Club members also have access to the motorcross track amenities which are located on the subject land.  

 

Club members access the site by private vehicle and park in the space allocated near the track. There is a viewing structure near the remote control car track which is portable and therefore does not form part of this Development Application.

 

Background

The Radio Control Car Club of Orange has used the site for a remote control car track for several years without Council approval. The club has done improvements to the site including a track, pits, small grandstand and fencing.

There is also an approved motorcross track (DA 1985/82) located upon Lot 3.

 

The subject land was created in 1991 following rural subdivision of a larger holding.  The 9ha allotment has been used as a BMX track and developed as a motorcross recreation area. The adaptation of part of the site for use by the Orange Remote Control Car Club is an intensification of the ongoing use of the site as a recreation area.

 

Site Map

 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 1(a) General Rural under Clause 9 of the Cabonne LEP 1991. The proposed development is defined as a recreation area under the Cabonne LEP 1991. The LEP definition of a recreation area is as follows:

          ‘an area used for sporting activities or facilities, or

 an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided  by:

(i)         A public authority, or

(ii)        A body of persons associated for the purposes of the physical, cultural or intellectual welfare if persons within the community

 

The development may also be defined under the Cabonne LEP 2012 as a recreation facility (outdoor) which means a building or place (other than recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint ball centre, lawn bowling green, outdoor swimming pool, equestrian center, skate board ramp, go-kart track, rifle range, water ski center or any other building or place of a like character use for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreational facility (major).

 

Development of a recreational facility (outdoor) is not prohibited within the zone under the provisions of clause 9 of the Cabonne LEP 1991.

 

 

REGIONAL ENVIRONMENTAL PLANS

 

There are no Regional Environmental Plans that apply to the subject land.

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP; however, the subject land is generally cleared and the proposed development will not impact upon any existing vegetation.  There are no known sightings of koalas in the locality, or sources of koala habitat.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental plans that relate to the subject land or proposed development.

 

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

 

Development Control Plan No. 5 applies to the subject land. The objectives of the DCP, in part, are to enable other forms of development to be carried out on land within the General Rural Zone provided that such uses are in keeping with the rural character of the locality and are compatible with the existing or likely future land uses. While there are no regulations for outdoor recreation areas the proposed development complies with the requirements under DCP No. 5 General Rural Zones.

 

Provisions prescribed by the regulations s79C(1)(a)(iii)

The proposal does not contravene the relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

 

Context and Setting

The development proposal relates to the use of the site for a remote control car track. There is an existing motorcross track on the site, approved via DA 1985/82. Surrounding land use is agriculture, predominantly grazing. There are approximately 6 dwellings within a 1km radius of the site.

 

While the proposal is not consistent with the use of the area for agriculture, Lot 3 has already been approved for a recreation area (motorcross track) which has been in operation for approximately 25 years. The scale of the additional recreational activity, including hours of operation, can be conditioned to minimise the impact to amenity and character of the area. 

 

The development may also have an impact on the use of the land for grazing livestock. This is outlined in a submission made in objection to the proposal. In terms of neighbouring agricultural properties and compatibility with surrounding land uses, the effects of potential impacts are temporary only (race days and practice days).

 

A condition of DA 1985/82 required any structures or tracks required of the motorcross activity to be setback minimum 20 metres from the boundary. The remote control club car seeks approval for the model car track to be located close to the Smith Road boundary, and is less than 20m from that boundary. A condition of consent is attached requiring establishment of perimeter landscaping  to screen the activity from the road and the western boundary.  Landscaping of the activity’s northern and western boundary may reduce  any visual impact upon adjoining or adjacent land.

 

Access and Traffic

Access to the site is via Muylan Road (sealed) to Smith Road (unsealed).  The accessway, internal driveway and vehicle parking for the subject land has already been established and meets Council’s specifications for access. There are no new roadworks proposed as part of the development. There may be a minor increase in traffic along Mulyan and Smith roads on race days and practice days, any increase would be temporary only. The existing road infrastructure is considered to be adequate for the proposed development and there is sufficient space for off street parking at the site.

 

There are no s94 road contributions applicable to the development. Road contributions applied to the subdivision of the earlier rural holding.

 

Visual Impact

The existing (unathorised) track is to be maintained and there will be no new structures or tracks proposed as part of the development application. Due to the scale of the development and the small size of the track, impact to visual amenity is minor. Landscaping with native species around the boundary of the site will help screen the development from Smith Road.

 

Water Quality

The club uses water from a small dam at the site to water the track for dust control. Adjacent land owners have suggested that the dam may become dry during periods of low rainfall. The track is not close to any significant water course and the development is not likely to have an adverse impact to water quality in the catchment. Alternative measures may be required by the club to have  on site water storage for continued control of dust should the dam water not be available to the club.

 

Flora and Fauna

The subject land and surrounding area has been highly modified by land clearing, grazing and  recreational activity so it no longer resembles its natural state. The site is mostly cleared of all native vegetation and is not likely to be a significant habitat for wildlife. It is unlikely the site could be used to re-establish an ecological community or restore endangered species.

 

The proposal does not include the removal of any existing vegetation at the site and is unlikely to have a significant impact upon ecological communities, threatened species or their habitats.

 

Utilities

While lot 3 is connected to power for the motorcross track, the remote control car track is not connected to electricity and they use a portable generator if power supply is required.

 

Amenities are provided by a porta-loo on race days and practice days which is removed from the site at the end of the day’s activities. There is also an amenities block for the motorcross track which is connected to a septic system. This facility however does not form part of the current development application.

 

Club members bring their own drinking water and there are no additional requirements for rural water supply.

 

Noise

No noise test / report have been provided with the development proposal. The engines of the model cars do generate noise, however the small scale of the club’s proposed operations indicate that increased noise could be managed through conditions of consent controlling scale of the development and hours of  occupation of the site. The club as with any activity is also bound to comply with state  regulations for noise control set by the POEO Act.

 

Technological Hazards

There are no known technological hazards that may impede future development of the site.

 

Signage

The application does not include signage. Any advertising signage visible from outside the site will require development consent in an application to Council.

 

THE SUITABILITY OF THE SITE s79C(1)( c)

The subject land is zoned 1(a) General Rural under the provisions of the Cabonne LEP 1991. A recreation area (outdoor) for a remote control car track is not prohibited within the zone. An assessment of the development application has been undertaken to determine the potential impacts of the development. Adequate arrangements can be made for access, visual amenity, water quality and amenities. On this basis, the subject site is considered suitable for the development to proceed, subject to conditions. 

 

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACTs79C(1)(d)

The development was advertised and neighbour notified and the closing date of submissions was 29 January 2013. A total of four submissions were received in relation to the development application, two in objection to the proposal and two in support of the proposal. Copies of the submissions have previously been emailed to councilors.

 

The flowing table identifies the issues raised in each submission:-

Contributor

Nature of the Submission

Issues raised in the submission

Submission 1

Objection

-     Legal liability of the club in case of damages

-     Public liability insurance

-     Flammable liquids

-     Risk of fire or explosions

-     Impact from noise

-     Unregulated

-     Soil erosion (roads and access)

-     Impact to livestock and other agricultural activities (grazing)

-     Impact to native species

-     Impact to visual amenity and privacy

 

Submission 2

Objection

-     Fire risk

-     Increased traffic

-     Impact by noise

-     Inconsistent rural landuse

-     Contrary to Zone Objectives

-     Hours of Operation

-     Other points for consideration (flammable liquids, traffic control, toilet facilities, landscaping, soil and erosion control, rehabilitation of site, site facilities and water supply)

Submission 3

Supporting development but seeking condition of consent

-     Conditions re. hours of operation and days of operation

-     Landscaping (new and maintain existing)

Submission 4

Supporting development but seeking conditions of consent

-     Impact by noise

-     Impact of dust

-     Water supply (dam)

-     Conditions re. parking, hours of operation and race days

 

The issues raised in each submission have been taken into consideration in the assessment of the application and used to determine appropriate conditions of consent for the development. The issues raised are summarised below:-

 

Hours of Operation:-

It is suggested that the hours of operation of the activity be limited  to the following times:-

-     One race day meeting every six (6) weeks between the hours of 9am to 6pm

-     One practice day meeting on a Saturday every six (6) weeks between the hours of 9am to 5pm.

-     One practice day per week (excluding weekends) between the hours of 9am to 6pm

Any alteration of the suggested hours would require the separate approval of Council. Furthermore Council could impose a requirement to review the operating hours in twelve months time and vary the approved times accordingly.

 

Noise:-

Two submissions in objection to the development have identified noise as a negative impact of the activity, describing the noise as ‘multiple cheap whipper-snippers’ that can be heard at nearby properties. The issue of noise can be addressed via restricting the race/practice days and incorporating suitable conditions of development consent requiring that emission of sound from the premises is to be controlled at all times, so as to comply with the Protection of the Environment Operations Act 1997 and to protect the amenity of the surrounding area.

 

Impact to Privacy and Visual Amenity:-

In one submission received by Council an adjoining landowner has raised the issue of impact to privacy and visual amenity. While the activity has been undertaken for a number of years without consent, any adverse impact to privacy and visual amenity is not going to increase as a result of development approval and the scale of the operation will not be increased beyond current activities.  The subject land has been  approved for use as a recreation area for 25 years and the additional use of part of the land is unlikely to cause adverse impact to privacy.

 

As a condition of consent and as requested by the land owner, the site is required to be landscaped with trees around the perimeter. Once the trees are established this will provide an adequate level of protection for privacy and reduce the impact of the activity in terms of visual amenity. Landscaped areas may also provide some protection from dust and help stabilise the soil for erosion and sediment control.

 

Dust:-

The potential impact from dust has been addressed via conditions of consent. The applicant is required to ensure that the remote control car track is continually watered when in use in order to prevent dust from being a nuisance to adjoining properties.

 

Increased Traffic:-

One submission has raised increased traffic along Mulyan Road as an adverse impact from the development. While the development may result in a temporary increase in traffic on race days and practice days the existing road infrastructure is sufficient for the development to proceed and there are no additional requirements for upgrading the existing road infrastructure.

 

Fire Risk:-

Increased fire risk has been identified as a potential impact of the development. The cars use flammable liquid as fuel and there is concern this will cause accidental explosion or ignition of surrounding vegetation by sparks. The site is also identified as bushfire prone.

 

The applicants indicate they regularly maintain the site by mowing or grazing to reduce the risk of fire. Also, there is a sprinkler system connected to a dam at the site which could be used to fight a grass fire. 

 

Furthermore, there are regulations set by the Association of Australian Radio Controlled Model Car Clubs (AARCMCC) in On Road General Rules - suitable fire extinguishers must be available at all times in areas around the track such as pit lane, the pits and technical inspection areas.

 

Fire risk can be adequately controlled by maintaining the site by mowing or grazing as the club have been doing previously. There are no additional requirements for fire mitigation. 

 

Legal Liability of the Club:-

A submission raises concerns  that in the event of an accident the club and its members may not be liable against damages to private property. This should be discussed between the club and landowner and is not a planning matter for consideration in this assessment.

 

Water Supply:-

There is a dam at the site which is fed by a natural spring and the water is used to dampen the track on race days. The dam is small and is not a main source of water for stock or agriculture. If the dam becomes dry it is more likely because of seasonal conditions and not a result of use by the remote control car club.

 

Contrary to the zone Objectives:-

The site is zoned RU1 Primary Production and surrounding land use is predominantly grazing. It has been identified in the objections that the proposed development may conflict with agricultural practices and is not consistent with the RU1 zone objectives. It should be noted that a recreation area (outdoor) for the purposes of a remote control car track is not prohibited within the zone and given the minor scale of the activity there is not likely to be any adverse impact to surrounding agricultural enterprises. It should also be noted surrounding land is not prime agricultural land and is suitable for grazing only. The site is comparatively small to surrounding rural holdings and any adverse impacts will be temporary only (during race days and practice days).

 

Safety and Security:-

The remote control cars use semi-flammable liquids which, if handled incorrectly, may explode when under pressure. The probability of an explosion is not likely due to the small amount of fuel used for the activity and the way it is stored. Furthermore, there are general rules for safe handling of fuel and emergency procedures set by the AARCMCC.

 

Public Authority Consultant

The Development Application (2013/117) is not integrated development nor was the proposal required to be referred to any public authority consultant.

Development Contribution

Development Contributions (S94 Contributions) do not apply to the proposed development.

 

PUBLIC INTEREST s79C(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localized nature of potential impacts.

 

Conclusion

The subject development application is for use of the site for a remote control car track. The proposal is considered to be permissible within the zone and complies with relevant provisions of the Cabonne LEP 1991 and Draft LEP 2012. A Section 79C assessment of the proposal has been undertaken by Town Planning and Development Engineering. Adequate arrangements can be made to reduce any potential negative impacts of the development. On this basis, the proposed development is considered suitable for the site. A draft Notice of Approval is attached outlining a range of conditions to ensure that the development proceeds in an acceptable manner.

 

 

ITEM 5 - MODIFICATION FOR DA 2006/238 FOR LOT 80 DP 1086315, LOTS 8, 30, 37, 40-44, 97, 98, 102-110 DP 756883 AND LOT 3 DP 191257, MITCHELL HIGHWAY, ORANGE

REPORT IN BRIEF

 

Reason For Report

DA was firstly submitted to ESC March 2012 for determination. Consultant requested the matter to be withdrawn pending further information. The MOTION was that the information be noted. New assessment undertaken for the Committee to determine the DA.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a Provide efficient and effective development assessment

Annexures

1.  Subdivision Layout DA 2006/238

2.  Draft Conditions of Modification DA 2006/238    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2006\03-2006-0238 - 463002

 

 

Recommendation

 

THAT Modified  Development Application 2006/238 to relocate proposed Lot 3 in five (5) lot subdivision of land described as Lot 280 DP 1086315, Lots 8, 30, 37, 38, 40-44, 97, 98, 102-110 DP 756883 and Lot 3 DP 191257, Mitchell Highway, Orange, be granted consent subject to the conditions attached.

 

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the modified development application submitted for the relocation of approved Lot 3 for five (5) lot subdivision of land described as Lot 280 DP 1086315, Lots 8, 30, 37, 40-44, 97, 98, 102-110 DP 756883 & Lot 3 DP 191257, Mitchell Highway, Orange.

 

The application has been referred to the Environmental Services and Sustainability Council for determination as the application was originally submitted for refusal. The applicant has submitted additional information and revised plans for Lot 3. A revised assessment was undertaken taking into consideration the additional information provided. The modification is now recommended for approval subject to conditions of consent.

 

Applicant: Kincardine Stud Pty Ltd c/o:- Peter Basha Planning and Development

Owner:      Kincardine Stud Pty Ltd

Proposal:  Modification of five (5) lot subdivision – relocation of concessional lot (Proposed Lot 3)

Location:   Lot 280 DP 1086315, Lots 8, 30, 37, 40-44, 97, 98, 102-110 DP 756883 & Lot 3 DP 191257, Mitchell Highway, Orange

Zone:         1(a) General Rural   

 

THE PROPOSAL

It is proposed to modify the consent by relocating an approved 5 hectare concessional allotment (proposed Lot 3) from the eastern boundary (along Mitchell Highway) of the subject land to the south western boundary of approved Lot 4. Access to the lot changes from the initial approval. Access to revised Lot 3 would be provided by a proposed right of carriageway burdening Lot 4. The proposed modification does not increase the number of lots or dwelling entitlements with the area of the lot remaining unaltered. Reasons for the modification provided by the applicant are as follows:-

 

1.   Approved Lot 3 is adjacent to the highway side of Gamboola Rest Area. Since Lot 3 was approved, the RMS has constructed a toilet block and lighting immediately in front of Lot 3. By upgrading the rest area, the applicant infers the privacy and amenity of a future dwelling on Lot 3 will be compromised due to the rest area being illuminated at night; increased heavy vehicle movements causing noise disturbance; rubbish; visual amenity due to the location of the toilet block; access to the site would compromise privacy and security.

 

2.   Revised Lot 3 will be owned by the land owner’s daughter. The revised location will assist in the proximity of the daughter as the carer with the landowner (father).

 

 

 

Background

The original development application was submitted to Council in May 2006 with an approval granted for a five (5) lot rural subdivision under delegated authority in March 2007.

 

A modification application was received in March 2008 requesting to alter the staging of the subdivision. Approval was granted under delegated authority on 13 March, 2008.

 

A further modification application was submitted to Council for the revised location of approved lot 3 in September 2011. An assessment of the modification was undertaken with a recommendation of refusal at March 2012 Environmental Services and Sustainability Committee Meeting. Prior to the meeting, the applicant requested that the matter be withdrawn to allow further information to be submitted to address concerns raised by Council in its assessment of the modification. The information was noted in the motion.

 

Additional information was received in November 2012, and revised plans in April 2013. On receipt of additional information and plans, a planning assessment was further undertaken (subject report).

 

Site Description

The five (5) lot subdivision is located on the eastern side of the Mitchell Highway. The site comprises of mostly cleared grazing country, with some cropping potential. Native timber is scattered across the site. The majority of the site is identified as prime agricultural land (Land Class 3). The site will continue to be used as a grazing enterprise including fodder cropping. Paddock fencing and a reticulated water system have been established to support the proposed development.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Site Map

 

 

 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 1(a) General Rural by the Cabonne Local Environmental Plan 1991.  Subdivision of land is permissible within this zone, subject to Council’s development consent.

 

Objectives of the 1(a) zone

The zone objectives aim, in part, is to promote the proper management and utilization of resources by protecting, enhancing and conserving agricultural land in a manner which sustains its efficient and effective agricultural production potential.

 

The site comprises prime agricultural land (identified as Class 3 land).The applicant has indicated that the relocation of Lot 3 will allow a more appropriate use of land for grazing and agricultural purposes. The land identified for a building envelope and future dwelling is less agriculturally viable due to topography, nearby native timber and soil type. Pasture in this area is identified as a lesser quality when compared to the approved site along the Mitchell Highway.

Clause 11 – Subdivision of land

Council consent is required for the subdivision of land within the General Rural zone. The purpose of the subdivision modification is for the relocation of an approved concessional lot (proposed Lot 3). The shape and location of Lot 3 and its proposed access will change from the approved plans and consent. No other changes are proposed as a result of the modification.

 

Clause 14 – Repealed

This approved development included the approval of three (3) concessional lots under this repealed clause. Despite the fact that the clause is repealed, the modification still requires Council to take into consideration the Guidelines for Subdivision – Concessional Lots in this assessment process.

The modification relates to the relocation of an approved concessional lot (Proposed Lot 3). Whilst the area and number of the concessional lots does not change, there is a change in the lots shape, location, as well as the potential impact on the residue lot and neighbouring land.

 

REGIONAL ENVIRONMENTAL PLANS

 

There are no Regional Environmental Plans that apply to the subject land.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP; however, the subject land is generally cleared and the proposed development will not impact upon any existing vegetation.  There are no known sightings of koalas in the locality, or sources of koala habitat.

 

State and Environmental Planning Policy – Rural Lands (2008)

The Rural Lands SEPP applies to the Cabonne Council area. The SEPP repealed Clause 14 of the Cabonne LEP (concessional lots). Approvals issued prior to the SEPPs introduction remain in force. As such, this SEPP is not applicable to the modification application.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental plans that relate to the subject land or proposed development.

 

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

 

Development Control Plan No 5 – General Rural Zones applies to this development.

 

The revised location of the concessional lot will have a negligible impact on  adjoining properties through potential land use conflicts due to topography and existing vegetation. The location of the concessional allotment will not restrict water supply to neighbours. The relocation of the concessional allotment provides for a significant buffer from the northern, eastern and southern boundaries of Lot 4. The building envelope is approximately 50 off the western boundary of Lot 5. There is several hundred metres between the proposed building envelope for concessional lot 3 and the existing dwelling and farm infrastructure on lot 4.

 

Clause 2.5.3 of DCP 5 requires concessional lots to have an area of 5ha or less, and have access to a public road. It must be practical to supply power and telephone to the allotment. Proposed Lot 3 as modified will have an area of 5ha, with proposed access to a public road, however it will be via a right of carriageway.

 

The clause also stipulates that the lots must be practical for servicing with power and telecommunications. The Applicant has indicated that the relocated proposed Lot 3 will have access to power and Country Energy has been consulted. Ann 11kV backbone electricity supply is located approximately 400m to the east of revised Lot 3. Another supply is located approximately 500m to the north. As such, the extension of electricity to revised Lot 3 can occur without unreasonable burden to the community or developer.

 

Clause 2.7.10 provides that in prime agricultural areas a buffer of 100m should be provided between lot boundaries and any dwelling envelopes. The proposed building envelope for proposed concessional Lot 3 is in excess of 100 metres from the southern and northern boundary; however the building envelope does not meet the 100 metre setback for eastern and western boundaries. Despite this a letter has been provided from the adjoining landowner to the west who has indicated no objection and acknowledge that no dwelling could be sited within 50m of their property on their eastern boundary in order to comply with the 100m buffer.

 

The proposed modification is generally in accordance with provisions of the DCP.

 

Council’s Guidelines for Rural Subdivisions – Concessional Lots

 

Clause

Consideration

Response

3.1.1

Land comprises prime crop and pasture land

The site is identified on the Land Suitability map as Class 3 land – prime crop and grazing land. Whilst this document indicates that Class 3 land is not favoured to be used for concessional lots, an approval has already been granted for proposed Lot 3. The applicant has indicated that the land is used for grazing and that the site approved for Lot 3 is agriculturally superior when compared to the site proposed for its revised location. This revised location is land identified as an existing airstrip and as such is not used for agricultural use and is of a lesser quality. Therefore, the revised location will have a negligible impact upon agricultural land.

3.1.2

Bushfire assessment

Satisfactory. The area is not identified as bushfire prone land.

3.1.3

Proximity to watercourses

Satisfactory. The site of proposed Lot 3 is not affected by any watercourses.

3.1.4

Potential for contaminated land

Satisfactory. The site of proposed Lot 3 indicates that there is no evidence of contaminated land.

3.1.5

Visual Amenity and Scenic Values

Whilst the site is zoned 1(a) General Rural, Council has the ability to restrict reflective building materials and impose conditions for landscape buffers if there are concerns about the proposed dwelling location.

3.1.6

On site effluent disposal

No effluent disposal has been provided for the site. Condition 8 of the consent requires an assessment to be provided prior to issue of a CC.

3.1.7

Access

Access will be shared with approved Lot 4. No new access points are required. The proposal however involves a ROW (approx 1.5km in length) burdening Lot 4 in favour of proposed Lot 3 (subject concessional lot). The extension of the right of way will include approximately 1800m² of land. This is considered acceptable due the poorer agricultural quality of the land. This land is identified as being a part of the existing airstrip and as such is not currently used for agricultural purposes.

3.1.8

Proximity to intensive livestock establishments

Satisfactory. None identified in the surrounding landuse.

3.1.9

Buffers to intensive horticulture, viticulture or cropping

Satisfactory. None identified in the surrounding landuse.

3.1.10

Flood potential

Satisfactory. The site is not identified as flood prone land.

3.1.11

Mineral Resources

As noted by the Department of Primary Industries, the site is underlain by the Late Ordovician Oakdale Formation which is associated with copper and gold mineralisation. As such these areas are required to be protected. Parts of the site are also covered by Exploration licence No.EL6025.

3.2.1

Access to sealed road

Access is proposed to be shared with Lot 4 from the Mitchell Highway, and then via a gravel right of carriageway approximately 1.5km in length. Whilst access is partly formed to the existing dwelling on Lot 4, there is a remaining area of approximately 450m in length that will be required to be formed (450m x 4m wide access way equates to approximately 1800m² of land being removed from the site for agricultural production. This is considered minimal in context and the land to be removed is a part of the existing airstrip. As such, the land being utilised is of a lesser agricultural value than the land currently approved for proposed Lot 3.

 

Access to power infrastructure

An 11kV backbone electricity supply is located approximately 400m to the east of revised Lot 3. Another supply is located approximately 500m to the north. Any extension required to revised Lot 3 will be at the expense of the development, however will not burden the community. Documentary evidence will be required to be provided to Council as part of the development.

 

Ability to share gates/access points

Proposed Lot 3 is to share access with Lot 4.

 

Building envelope close to access points

The building envelope is not in close proximity to the main access point and will have an internal road (right of carriageway). Whilst part of this is already formed, there is approximately a distance of 450m that will need to be constructed.

 

Buffers contained within concessional lots

Yes

 

Concessional lots to be grouped

No. Proposed Lot 3 is to be moved away from the 2 other concessional lots and will be isolated and be sited within Lot 4 and have access via a right of carriageway. Whilst this aspect does not meet within the guidelines it is considered the overall revised location produces an improved planning outcome.

 

Concessional lots to be a minimum of 100 metres from farm infrastructure on adjoining lots

Yes

 

Concessional lots to be within 4km of villages

No however, the concessional lots have been previously approved with this variation.

 

 

 

3.3.1

Encourage lots to be 2 hectares

Lot 3 is approved at 5 hectares. This modification does not seek to vary the approved area.

3.3.2

Building envelopes to be setback 50 metres from public road

Satisfactory

3.3.3

Requirements for planted buffers

No

3.3.4

Building envelopes of the concessional lots to be at least 100m farm infrastructure on adjoining lots

Yes

3.3.5

Compliance with on site effluent disposal requirements

No effluent disposal has been provided for the site. Condition 8 of the consent requires an assessment to be provided prior to issue of a CC.

3.3.6

Asset protection Zone (Bushfire)

The site is not identified as bushfire prone land

3.3.7

Grouping of access points

Yes

3.3.8

Conservation of easements

There are no area of significance that require conservation easements for protection.

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposal does not contravene the relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

 

Siting /location

The modified application seeks to relocate an approved concessional lot (Lot 3) from the eastern boundary along the Mitchell Highway to the south-western boundary approximately 120m from the southern boundary of Lot 4. Lot 3 will be removed from the other concessional lots approved fronting the Mitchell Highway. Whilst the area of Lot 3 will remain as 5 hectares, the shape and location of the lot will be distinctively different from the original layout. The guidelines (Guidelines for Rural Subdivision – Concessional Lots) that were used at the time of assessment indicated that concessional lots should in fact be grouped together to minimize any overall impact.

 

The revised location of Lot 3 will be contrary to the guidelines for grouping concessional lots together, however, the new location will use land that is agriculturally less viable. Access (via right of carriageway) to this new site is utilising land that has been used as an airstrip. The revised location will also provide a buffer to the surrounding land due to topography and existing vegetation. As such, there is negligible impact of allowing Lot 3 to be relocated away the other two (2) approved concessional lots. It is considered, the revised location will provide an improved planning outcome for visual amenity, land use conflict, decreased number of access points and more appropriate use of agriculturally viable land.

 

Lot size and shape

Lot size will remain at 5 hectares in area, however the shape and location will be significantly different from what was approved. The change in shape relates also to the relocation of the lot to a different area. Revised shape is considered satisfactory when considered in context with other factors such as topography and agricultural capability of the land.

 

Visual amenity

The modification relates to re-location approved Lot 3 from the Mitchell Highway to the south-western corner of proposed Lot 4. By relocating the lot, there will be a reduction of dwellings along a main road corridor and is considered by the applicant as improving the visual amenity for this area. The existing vegetation within revised Lot 3 will achieve satisfactory visual integration for any future dwelling. As such, visual amenity is considered satisfactory for the revised location of proposed Lot 3.

 

Access and traffic

The modification would not require additional new access points onto a public road. Access to revised Lot 3 would be provided by a proposed right of carriageway burdening Lot 4. The majority of the right of carriageway is formed, except for the final north south leg that leads to the revised Lot 3. The last section will follow an existing fence line. 3.1.7 of Guidelines for Rural Subdivision – Concessional Lots stipulate that access points are to be grouped at existing access points where ever possible in order to minimise the traffic impact and risk on the road of access. In addition access should be to a sealed road, with building envelopes able to be located close to access points to minimise lengths of internal road. By changing the location of proposed Lot 3, access provisions will be significantly different to the original development consent.

 

The proposed right of way (ROW) is approximately 1.5km in length. The majority of the right of carriageway that would provide access to revised Lot 3 is already constructed. Approximately 450m in length at a width of 4 metres would need to be constructed. This equates to approximately 1800m² of rural land. Further, the applicant has indicated that the land to be utilised for the right of carriageway is land that has been used for the airstrip. As such, the amount and type of land to be used for the access would have negligible impact on rural production. This access also reduces the number of access points off a state highway as the access point for revised Lot 3 will be shared with proposed Lot 4.

 

The proposed modification in relation to access has been further assessed by Development Engineering. Should the modification be approved, amended conditions relating to the provision of legal access and the construction of a right of carriageway have been provided to be included in the consent.

 

THE SUITABILITY OF THE SITE s79C(1)(c)

 

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed development.

 

DEVELOPMENT CONTRIBUTIONS

 

No additional contributions apply to the development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

 

The proposed development is not advertised development. The proposed modified development was neighbourhood notified for a period fourteen (14) days with no submissions being received.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

The proposed modified development for the revised location of approved Lot 3 is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP and is generally consistent with the Guidelines for Rural Subdivision – Concessional Lots.  In the overall context of the modification, the revised location is considered to have an improved planning outcome due to shared access; decreased access points from a state highway; use of lesser agriculturally viable land for a future dwelling; and improved buffers to adjoining land. A section 79C assessment of the development indicates that the development is acceptable in this instance.  Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

 

ITEM 6 - MODIFICATION DEVELOPMENT APPLICATION 2010/122/1 FOR ADDITIONS TO EXISTING COMMERCIAL BUILDING, LOT A DP 330406, PYE STREET, EUGOWRA

REPORT IN BRIEF

 

Reason For Report

For determination as the land is owned by Council and original DA was determined by the Committee.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a Provide efficient and effective development assessment

Annexures

1.  Site Plan     

File Number

\Development Applications\DEVELOPMENT APPLICATION\2010\03-2010-0122 - 464023

 

 

Recommendation

 

THAT Modification Development Application 2010/122/1 for additions to existing commercial building on Lot A DP 330406, Pye Street, Eugowra, be granted consent subject to the conditions attached.

 

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modification development application submitted for additions to an existing commercial building on land described as Lot A DP 330406, Eugowra Museum, Pye Street, Eugowra.

 

The application has been referred to the Environmental Services and Sustainability Committee for determination as the land is owned by Council and the original approval was determined by the Environmental Services and Sustainability Committee.

 

It is recommended that the modification application be approved subject to amended conditions of consent.

 

Applicant: Mr Ray Augustin – Chairman Eugowra Historical Museum Committee

Owner:      Cabonne Council

Proposal:  Modification to Commercial Additions (Eugowra Museum)

Location:   Lot A DP 330406, Pye Street, Eugowra

Zone:         2(v) Village       

 

THE PROPOSAL

A modification application has been submitted to Council for consideration. The modification seeks the following changes:-

 

1.   The removal of the threatrette, kitchen and WC facilities from the approved plan and their substitution by a larger, steel framed exhibition area;

2.   To reduce the minimum floor height of this area to 270.85 AHD (amend Condition 10);

3.   The relocation of the disabled WC facilities as shown, constructed in accordance with AS1428.1; and

4.   The relocation of the kitchen area and to provide staff amenities only. No preparation or sale of food at the premise will take place, and as such seek to delete Condition 7.

 

Condition 7: Kitchen Facility requires the following performance:-

 

Objective

 

To provide a kitchen that is suitable for preparation of food for sale.

 

Performance

 

Construction and fitout of the kitchen is to meet the requirement of AS 4675 and relevant of the Food Act and standards.

 

The applicant seeks to delete the above condition as the Eugowra Museum will no longer prepare food for sale. The amended kitchen will be utilised as staff facilities only and will not be for a commercial fitout as previously approved.

 

Condition 10: Flood Protection requires:-

 

Objective

 

To ensure that the floor level of the building is set at or above the 100 year flood level.

 

Performance

 

The floor level of the proposed building shall be RL 271.1 AHD or above the 100 year flood level. A survey certificate shall be submitted to Council showing the level of the finished floor to Australian Height Datum by a registered Surveyor prior to the issue of an Occupation Certificate.

 

The applicant seeks to modify the requirements of this condition by decreasing the floor level to 270.85 as the building will not be enclosed and that farm machinery will be stored there. The objects to be stored in this area can be removed if a flood is imminent. The modification will not imperil the safety of any persons in the event of the land being inundated with flood waters nor is it considered to aggravate the consequences of flood waters on adjacent land.

 

Site Map

4422298

 

 

 

Background

 

Previous approval, DA 2001/179, determined 28th February 2001, granted consent for alterations to the Eugowra Museum. The scope of alterations consisted of a new timber floor servicing the entire building at a pre-determined Reduced Level (R.L. 271.1), a new front verandah, small provision of an internal office and provision for disabled access.

 

A Construction Certificate was issued for the above works dated 28 February 2001.

 

The current application was made 2nd March 2010 for proposed commercial additions to the existing museum. Initial site inspection revealed issues pertaining to the intention to construct over Council’s reticulated sewer system and the need for fire rating of the proposed external wall to be located on the property boundary. A request for additional information was issued and a response was provided to Council’s satisfaction. Consent was granted by the Environmental Services and Sustainability Committee in September 2010.

 

The modification application was submitted to Council on 11 March 2013 requesting changes to internal layout, deleting food preparation and sale of food (delete Condition 7), reduce the minimum floor height of the additions to 270.85 AHD (Condition 10), and an extension in the width of the proposed additions 2.3m to the east.

 

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A0 of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 2(v) Village or Urban under provisions of Cabonne Local Environmental Plan 1991. The original consent approved an increase in the overall area of the building and provides space of a small theatrette, disabled toilet, kitchen facility and a covered open display area. The proposed modification seeks minor internal changes to the original consent however is substantially the same development for which consent was granted.

 

The proposed modification is permissible within this zone subject to the consent of Council.

 

Objectives of the 2(v) zone

The objective of this zone is to promote development in existing towns and villages in a manner which is compatible with their urban function.

 

The proposal is considered to satisfy the objectives within the zone.

 

Clause 22: Flood liable land

 

(1) a person shall not erect a building or carry out work for any purpose on flood liable land except with the consent of Council.

 

(2) The Council shall not grant consent to the erection of a building or the carrying out of a work on flood liable land if, in the opinion of the Council, the carrying out of the development is likely:

 

(a) to impede the flow of the waters on that land or adjacent land,

 

(b) to imperil the safety of persons on that land or adjacent land in the event of the land being inundated with flood waters,

 

(c)  to aggravate the consequences of flood waters flowing on that land or adjacent land with regard to erosion, siltation and destruction of vegetation, or

 

(d) to have an adverse effect on the water table of that land or adjacent land.

 

The below map shows the site being located in the Eugowra Floodplain.

 

6124737

 

The modification seeks to amend Condition 10 (Flood Protection) to reduce the minimum floor height of the additions to 270.85 AHD from the approved height of 271.1 AHD as this area will be used for storage purposes only and can, if necessary the objects can be removed from the site.

 

The modification has been assessed by Development Engineering and is not considered to imperil the safety of any persons in the event of the land being inundated with flood waters nor is it considered to aggravate the consequences of flood waters on adjacent land.

 

The modification application meets the requirements of clause 22.

 

REGIONAL ENVIRONMENTAL PLANS

 

There are no Regional Environmental Plans that apply to the subject land.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

There are no State Environmental Planning Policies that are applicable to the modification application.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental plans that relate to the subject land or proposed development. Whilst the council area is under a new local environmental planning instrument (Cabonne Local Environmental Plan 2012), the modification is subject to the provisions under which consent was granted (Cabonne Local Environmental Plan 1991).

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

 

Development Control Plan (DCP) No. 16

 

Development Control Plan (DCP) No. 16 Interim Guidelines for Development of Flood Prone Land in Eugowra is to provide development controls to guide development of land within Eugowra and will operate until the Eugowra Floodplain Study review has been completed and comprehensive guidelines are developed.

 

The Draft DCP No. 16 relates to the findings of the Eugowra Flood Management Study 1999 and the procedures set out in the NSW Floodplain Management Manual 2005.

 

The objectives of the DCP are:

 

(a) to provide for the assessment of applications on land affected by potential floods in accordance with the provisions of Cabonne LEP 1991 (as amended).

 

(b) To alert the community to the hazard and extent of land affected by potential floods.

 

(c)  To inform the community of Council’s policy in relation to the use and development of land affected by the potential floods in Eugowra.

 

(d) to reduce the risk to human life and damage to property caused by flood through controlling development on land affected by potential floods.

 

The draft DCP enables merit based assessment of development within the floodplain.

 

Annexure 5.5 Development Control Considerations

 

The following criteria will need to be considered as part of the any development assessment within the Eugowra flood prone land.

 

Development within floodplain: - Commercial

 

1.   Floor Level

 

·    All habitable floor levels are to be at least 300mm greater than the 1% Annual Exceedence Probability (AEP).

 

Note: Assessment has been undertaken by Development Engineering  which considers a reduction in floor level of the steel framed exhibition area to be satisfactory as the area is non-habitable. A condition of consent will require goods to be stored above the 1% AEP plus 0.5m freeboard during a flood.

 

2.   Flood Compatible Building Materials

 

·    All structures are to have flood compatible material at least 500mm above the 1% AEP. 

 

Note: The modification does not change the previous site assessment.

 

3.   Structural Soundness

 

·    Applicant is to demonstrate that any structure subject to a flood up to and including the 1% AEP can withstand the force of floodwater, debris and buoyancy.

 

Note: The modification does not change the previous site assessment.

 

4.   Flood Effects on others

 

·    The impact of the development on flood affection elsewhere is to be considered.

 

Note: An assessment of the proposed development has taken into consideration the impact of the development on flood affects on surrounding areas. No adverse impacts have been noted on the surrounding areas due to the development being constructed and is considered to be satisfactory.

 

5.   Evacuation / Access

 

·    Consideration required regarding an appropriate flood evacuation strategy & pedestrian / vehicular access routes for both before and during a flood.

 

Note: The proposed modification includes minor internal layout changes and slight addition to the approved additions to the rear of the building. The modification does not change the previous site assessment.

 

6. Flood Awareness

 

·    S149(2) certificates to notify affectation by the 1% AEP.

 

Note: Council identifies on all S149(2) certificates, land referred to by the Eugowra Flood Study (1999), as land that is identified as being flood prone. The Eugowra Flood Study 1999 addresses 1% AEP. This clause is considered to be satisfactory.

 

      7. Management and Design

 

·    Applicants to demonstrate that there is an area where goods may be stored above the 1% AEP plus 0.5m freeboard during a flood

 

Note: Proposed development includes provision of a mezzanine level to provide area for storage and is considered to be satisfactory.

 

·    No external storage materials below the 1% AEP plus 0.5m freeboard which may be potentially hazardous during floods

 

Note: An open display area has been included as part of the proposed extensions. It is assumed that large items only will be displayed there with no additional items to be stored. A condition addressing the above requirement will form part of this consent. 

The proposal is considered consistent with the requirements of the DCP Annexure 5.5.

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposal does not contravene the relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

 

Siting /location

The modification includes a re-arrangement of the internal floor plan layout, which includes the deletion of a commercial kitchen and the proposed theatrette, and the relocation of amenities and staff kitchen.

 

The modification also includes an increase to the approved additions to the east by 2.3 metres. The additions in context are considered minor. All other aspects remain unaltered.

 

The proposed modification is terms of siting and design is considered satisfactory.

 

Setbacks

 

Setbacks are considered to be satisfactory. The proposed modification does not affect the previous site assessment.

 

Access and Parking

 

The modification does not include any changes to access or parking and as such does not change the previous site assessment.

 

Heritage

 

The property is not listed as a heritage item in Cabonne LEP 1991.

 

Visual Amenity

 

The structure will not create any adverse affects on the existing built environment and is consistent with other development within the area. The modification application is considered to have negligible impacts on the visual amenity of the area.

 

Waste disposal

 

The modification does not affect the previous site assessment.

 

THE SUITABILITY OF THE SITE s79C(1)(c)

 

Physical Attributes and Hazards

The site is identified as being subject to flooding. This has been previously addressed in other sections of the report.

 

DEVELOPMENT CONTRIBUTIONS

 

No development contributions apply to this development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

 

The proposed modification was not subject to neighbourhood notification as it was considered to have minimal impact on adjoining landowners.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

The proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted. The modification is permissible with the consent of Council. The applicant has demonstrated that the proposed modified development complies with Cabonne Local Environmental Plan 1991 and Development Control Plan (DCP) No. 16. A section 79C assessment of the modification indicates that the development is acceptable in this instance.

 

 

ITEM 7 - DEVELOPMENT APPLICATION 2012/97, SUBDIVISION (BOUNDARY ADJUSTMENT) ON LOTS 3 & 4 DP 1010730, EDINBORO LANE, CARGO

REPORT IN BRIEF

 

Reason For Report

To support the SEPP 1 application in order to seek concurrence with the NSW Department of Planning & Infrastructure

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a Provide efficient and effective development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0097 - 464186

 

 

Recommendation

 

THAT Council support the SEPP 1 objection to the 100 ha standard for subdivision (Boundary Adjustment) on Lots 3 & 4 DP 1010730, Edinboro Lane, Cargo, and seek concurrence from NSW Department of Planning & Infrastructure.

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for subdivision (boundary adjustment) of land described as Lots 3 & 4 DP 1010730, Edinboro Lane, Cargo.

 

The application has been referred to the Environmental Services and Sustainability Committee for determination as the application is a variation to the 100 hectare development standard and requires departmental concurrence.

 

It is recommended that the application be supported and Council seek the concurrence for a SEPP 1 Variation for 100 hectare development standard from the NSW Department of Planning and Infrastructure.

 

Applicant: Patricia Fox c/o:- Peter Basha Planning and Development

Owner:      Patricia Fox

Proposal:  Subdivision (Boundary Adjustment) – SEPP 1 Objection

Location:   Lots 3 & 4 DP 1010730, Edinboro Lane, Cargo

Zone:         1(a) General Rural   

 

THE PROPOSAL

It is proposed to create a boundary adjustment between Lots 3 & 4 DP 1010730. Proposed Lot 101 (former Lot 4) is to have an area of 31.72ha, and will comprise an existing rural shed, dam and frontage to Warree Creek. This lot is intended to continue to operate as a small-scale grazing operation. Access will remain via Edinboro Lane. There is a small decrease in size from 32.82 to 31.72ha.

 

Proposed Lot 100 (former Lot 3) is to have an area of 6.1ha and will comprise the existing dwelling and dam. The western boundary of the lot has been sited so as to include the existing access and driveway, and to ensure the dwelling has sufficient setback from the new boundary. Access is to remain via Edinboro Lane.

 

The proposed boundary adjustment does not require alteration of the existing access or servicing arrangement for the lots.

 

The proposed subdivision (boundary adjustment) relates to both lots (Lots 3 & 4) that are already below the minimum lot size of 100ha for the 1(a) General Rural Zone; no additional lots are to be created; no additional dwelling entitlements are created; and it is considered this minor re-alignment of boundaries will not compromise the agricultural use of the land. The proposal may in fact facilitate improved agricultural use of the land.

 

 

 

 

 

Lot

Existing Area (ha)

Proposed Area (ha)

3

5 – existing concessional lot with dwelling

6.1 with existing dwelling

4

32.82 (agricultural land)

31.72 (agricultural land)

 

Whilst the subject land is currently held in the one ownership, a change in boundaries would facilitate an improved agricultural use of Lot 4 should the land be sold. Potential land use conflicts is considered to be less likely if the lots share only one (1) common boundary instead of the existing three (3) boundaries.

 

Existing boundaries

 

 

Proposed new boundaries

 

 

 

 

Background

Lot 3 DP 1010730 was created via subdivision 1999/243 under Clause 14 (concessional lot) of the Cabonne Local Environmental Plan 1991 and was subsequently registered 22 February 2000.

 

Lot 4 DP 1010730 was created via subdivision 1999/243 under Clause 12(2) for agricultural purposes (dwelling prohibited) of the Cabonne Local Environmental Plan 1991 and was subsequently registered 22 February 2000. It should be noted that a Restriction to User is registered on the title and a dwelling is prohibited on Lot 4.

 

The subject application for subdivision (boundary adjustment) was submitted to Council in November 2011. The application was submitted with no additional information. Council responded to the applicant in January 2012 advising that Council was unable to assess the application without a SEPP 1 objection and supporting information. This advice is consistent with previous advice given to the owner over a number of years. Additional information and a SEPP 1 Objection was received by Council in December 2012.

 

Site

The subject land is located on the northern side of Edinboro Lane approximately 5km north-east of Cargo. Lot 3 DP 1010730 has an area of 5 hectares, is regularly shaped fronting Edinboro Lane. Lot 3 adjoins Lot 4 along three of its boundaries. Lot 3 contains an existing dwelling and shed which is located in the north-east corner of the lot. Boundaries of Lot 3 are not currently fenced as both parcels of land are in the same ownership. A portion of the land is utilized for grazing in conjunction with lot 4.

 

Lot 4 DP 1010730 has an area of 32.82 hectares and is elongated in shape from east to west surrounding Lot 3. Edinboro Lane forms the southern boundary of Lot 4; Cargo Road forming the north-western boundary; and Warree Creek forming part of the northern boundary.

 

Site Map

 

 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

Cabonne Local Environmental Plan 1991 (Amended)

The subject site is zoned 1(a) General Rural by the Cabonne Local environmental Plan (LEP) 1991, as amended. Subdivision of land is permissible within the zone subject to the provisions of the Environmental Planning and Assessment Model Provisions and Regulations, and is subject also to Council’s development consent.

 

Objectives of the 1(a) zone

The proposal is not contrary to the aims of the LEP or the objectives of the 1(a) zone. The development relates to and is consistent with the zone objective which seeks to “promote the proper management and utilisation of resources”.

 

 Clause 10-General considerations for Development Within Rural Zones

 

The proposal is consistent with the LEP. The proposal will not have an adverse impact upon vegetation, timber production, land capability (including soil resources and soil stability), water resources, future recovery of mineral deposits, or the protection of scenic or recreational areas.

 

The subdivision does not affect the agricultural capability of the land; it will improve the agricultural accessibility of Lot 101, with Lot 100 being retained with the existing dwelling as a concessional lot. The boundary changes will facilitate a better use of the land. It will not require any alteration of the existing access or servicing arrangements for either lot.

 

Clause 11 – Subdivision of land

 

Council consent is required for the subdivision of land within the General Rural zone. The proposal does not create any additional allotments, with lots to be used for the purpose of agriculture (Lot 101) and an approved concessional lot (Lot100); proposed Lot 100 will contain the existing dwelling, and there will be a minor increase in Lot size from 5ha to 6.1ha with proposed Lot 101 decreasing in size from 32.82ha to 31.72ha. The proposal is consistent with the LEP.

 

Clause 12 – Subdivision for the purpose of agriculture

 

Proposed Lot 100 will contain the existing dwelling and associated structures, and  is an approved concessional lot. Lot 100 will have an area of 6.1ha. The proposal does not meet the development standard for subdivision with a dwelling of 100 hectares and as such the applicant seeks approval via a SEPP 1 objection to the 100 hectare development standard.

 

Proposed Lot 101 is vacant cleared agricultural land, and will have an area of 31.72ha. The lot will be used for the purpose of agriculture, and no dwelling entitlement is sought or permissible on the subject lot. The land will be leased/and/or purchased by an adjoining owner for further agricultural purposes. A restriction to user will be required to be placed on the title indicating that a dwelling is prohibited.

 

The proposal is consistent with the LEP.

REGIONAL ENVIRONMENTAL PLANS

 

There are no Regional Environmental Plans that apply to the subject land.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP; however, the subject land is generally cleared and the proposed development will not impact upon any existing vegetation.  There are no known sightings of koalas in the locality, or sources of koala habitat.

 

State Environmental Planning Policy (SEPP) No.1 – Development Standards applies to this development.

 

State Environmental Policy No. 1 aims to provide flexibility in the application of Council’s Planning controls operating by virtue of development standards in circumstances where compliance with these standards would be unreasonable or unnecessary.

 

An applicant may object to a development standard where satisfactory evidence is given to the objection, and Council is of the opinion that granting of development consent is consistent with the aims and objections of the zoning of this land. Any relaxation of the development standard by Council  also requires the concurrence of the Director of the Department of Planning and Infrastructure prior to granting consent to the application.

 

The applicant has submitted an objection under State Environmental Planning Policy No 1 – Development Standards, seeking that strict compliance with the 100ha standard is unreasonable and unnecessary.

 

There are three main considerations that need to be satisfied when resolving to support an objection under the provision of SEPP No. 1:

 

1.    That the standard is not a prohibition and may be varied;

2.    That the development complies with the objectives of the Environmental Planning and Assessment (EP&A) Act 1979, objectives of Cabonne’s LEP, and the underlying objectives of the development standard to be varied; and

3.    That application of the standard is unnecessary or unreasonable.

 

The applicant has acknowledged that the development does not comply with the development standard contained in Clause 12(3) of the LEP, which requires an allotment to have an area of 100ha or greater if there is already a dwelling-house on that allotment. The 100ha provision is identified as a standard rather than a prohibition and as such a SEPP 1 application may be considered by Council.

 

The proposal is consistent with the objectives of the Environmental Planning & Assessment Act and the objectives of the Cabonne LEP. The objectives take into consideration the protection of prime crop and pasture land. The 100ha standard has been adopted by Council as the minimum area required for agriculture to be considered viable where a dwelling is ancillary to the use of the land for agriculture. Despite this, existing Lot 3 (proposed Lot 100) was created as a concessional lot under Clause 14 of the CLEP 1991. This clause has since been repealed by the state government, and as such there is no other legal alternative for this proposed boundary change to be determined other than via SEPP 1.

 

The proponent submits that the development standard is unreasonable and unnecessary in this circumstance due to the following reasons:-

 

·    Existing Lot 3 (5ha in area) and existing Lot 4 (32.82ha in area) are already significantly less than the 100 hectare minimum. The proposal to adjust their common boundary and shift 1.1ha from Lot 4 to Lot 3 is considered inconsequential in terms of upholding the objectives of the 100 hectare development standard.

 

·    The impact on agricultural production due to the reduction in size of Lot 4 is statistically minor due to:-

·   

1.   The loss of agricultural production would be minor. Based on the transfer of 1.1 ha out of agricultural production and the figures used  for gross margin analyses of approx. $107 per hectare for merino enterprise; yearling enterprise $221 per hectare; and lambing enterprise $265 per hectare; the proposed boundary adjustment would affect the gross margin for a livestock enterprise by $117 to $292 per annum. As such, the impact on agricultural production (from an economic point of view) is considered negligible.

 

Comment

The use of SEPP 1 can only be applied where it is proved unreasonable to satisfy a particular standard. The development must still satisfy the objectives of the zone.

 

Council will be aware that SEPP 1 cannot be used to avoid compliance with a development standard – such an application should address a specific circumstance and not be used to consistently attempt to vary a development standard.

 

The objective of the rural 1 (a) zone is to maintain land for agricultural use. There are limited opportunities within the LEP to enable the subdivision of land with an existing dwelling.

 

Currently Lot 3 & Lot 4 are held in the same ownership. The proposal does not seek additional lots or opportunity for additional dwelling entitlements. The purpose is to achieve a better planning outcome in relation to how Lot 4 is used for agriculture with Lot 3. The proposed boundary adjustment will reduce common boundaries from three (3) to one (1) between Lots 3 & 4; as well as a decrease in potential land use conflict (due to agricultural pursuits) due to a change in lot shape. Agricultural use of the land will be more suitable and practical from a change in boundaries. No additional lots are to be created; no additional dwelling entitlements are to be created; with an area of 1.1ha to be transferred from Lot 4 (proposed Lot 101) to Lot 3 (proposed Lot 100).  The proposal would not result in unreasonable demand on services; is not located on land subject to high environmental hazard (EG: bushfire); does not conflict with existing agricultural practices in the area; and would not result in the fragmentation of rural land with possible adverse economic impacts/inefficiencies in rural productivity. Lot 3 (proposed Lot 100) was created as a concessional lot (Clause 14 of the CLEP 1991); as those clauses have been repealed by the state government, there is no other legal alternative for the proposed boundary change to be determined other than by SEPP 1 Objection.

 

The proposal for subdivision of rural land with an existing dwelling on land zoned 1(a) General Rural varies from the development standard of 100 hectares under the provisions of the Cabonne LEP 1991 (Clause 12(3)). The subject lot has an area of 5ha, which is a variation greater than 10% from the standard; and the proposal results in only one (1) allotment varying from the standard; as such Council is to seek concurrence from the NSW Department of Planning & Infrastructure.

 

Taking the above matters into consideration, it is considered unreasonable to apply the 100ha standard for subdivision with an existing dwelling on the subject land in this circumstance; there will be no adverse impacts from the proposed development, and the objects of the EP&A Act and the objectives of the LEP are achieved.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental plans that relate to the subject land or proposed development. The application was submitted to Council prior to the the public exhibition of the Draft Cabonne Local Environmental Plan 2012 and gazettal of the Cabonne Local Environmental Plan 2012. As such, the subject application is assessed under the local planning provisions at the time of lodgement; being Cabonne Local Environmental Plan 1991.

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

 

Development Control Plan No 5 – General Rural Zones applies to this development.

 

The proposal is consistent with the DCP.

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposal does not contravene the relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

 

Access

 

Access to proposed Lot 3 is via Edinboro Lane and is existing. The access has been inspected by Development Engineering and deemed to satisfy Council’s specifications for the provision of access. Access to Lot 4 is for stock access only and is located on Edinboro Lane. No additional requirements are needed for either lot.

 

There will be no adverse traffic impacts as a result of the proposal. The boundary adjustment will not generate any additional traffic to the site.

 

Lot Size and Shape

 

The agricultural lot (Lot 101) via this proposed subdivision (boundary adjustment) will achieve an improved interface with the concessional lot (Lot 100) as it will no longer surround the concessional lot on three (3) sides.

 

Whilst the lot sizes for each proposed lot will change marginally – Lot 101 will decrease in area from 32.82ha to 31.72; and Lot 100 will slightly increase in area from 5ha to 6.1ha; it is considered the variation in area is negligible for agricultural purposes. It is considered the change in lot size and shape will result in a better planning outcome than what was originally approved and the lot shape and location is more suitable and practical in the context of the site.

 

Agricultural Impacts

 

The boundary adjustment will not result in any adverse agricultural impacts.

 

Future Development

 

The boundary adjustment does not generate any additional opportunities for dwelling entitlements. A condition of consent requires creation of a restriction as to user to be registered upon Lot 4 (proposed Lot 101).

 

THE SUITABILITY OF THE SITE s79C(1)(c)

 

Physical Attributes and Hazards

The site is not identified as being bush fire prone. The proposal does not include any new development, and there will be no bush fire risk associated with the subdivision. The site is considered suitable for the proposal.

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

 

Neighbourhood notification and advertising were not required to be undertaken.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

 

CONCLUSION

The proposal for a boundary adjustment between existing lots (Lot 3 and Lot 4 DP 1010730) is considered satisfactory. Lot 3 will increase in size from 5ha to 6.1ha with Lot 4 decreasing in area from 32.82ha to 31.72ha. No additional lots are created; no additional housing entitlements are created; and the agricultural use of the land will not be compromised.  As such, it is recommended that Council support the application for subdivision (Boundary Adjustment) and seek concurrence by the NSW Department of Planning & Infrastructure for a State Environmental Planning Policy (SEPP) No.1 objection to vary the 100 hectare minimum standard for subdivision with a dwelling.

 

 

 

ITEM 8 - HERITAGE COMMITTEE

REPORT IN BRIEF

 

Reason For Report

To seek approval to establish a working group to progress council's heritage programs

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3 Beautiful towns & villages with historic assets cared for and preserved.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\MEETINGS\HERITAGE COMMITTEE MEETINGS - 464227

 

 

Recommendation

 

THAT Council facilitate a heritage program working party comprising of interested councillors and staff to implement council’s heritage strategy.

 

Director of Environmental Services' REPORT

 

Council has recently invited nominations from the community to participate in council’s Heritage Advisory Committee. At the time of writing this report no nominations have been received. To facilitate the delivery of council’s adopted heritage strategy, and to enable council to actively engage with interest groups and the community  on matters of heritage and history significance it is suggested that a working party be formed within council. Such working party may consist of Cr Wilcox as chair of the Heritage Committee, Cr Culverson as alternate delegate to the Heritage Committee, council staff including the Heritage Advisor. Community members could be seconded to the working party as opportunity arises. The working party would report directly to the Environmental Services and Sustainability Committee.

 

As outlined in previous reports to the committee the current heritage strategy includes programs for the annual heritage grants, the actions of the Heritage Advisory Service, the ongoing review of the State Heritage Inventory data and the  progression of the heritage components of the Cabonne LEP 2012.

 

The working party would also have input into developing council programs to support the wider community in acknowledging its history and heritage. Significant anniversaries are imminent and include the 150th anniversary of bushranger events at Canowindra, the 150th anniversary since the birth of Banjo Paterson, the 100th anniversary since the commencement of WWI and the associated anniversaries of key battle campaigns starting with Gallipoli.

 

An application is to be made for State funding to assist in preparation of a Main Street study for Canowindra, and possibly a further study for Bank Street in Molong. The working party would have a significant role in facilitating these projects as well.

 

Throughout each program is the opportunity for community engagement, without the formal need for community members to contribute continually to the broader scope of council’s heritage programs, as is sought by the current 4 year term of community participation in the Heritage Committee.

 

 

 

ITEM 9 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 464235

 

 

Recommendation

 

THAT:

 

1.   Councillors call any items they wish to further consider.

2.   The balance of the items be noted.

 

 

General Manager's REPORT

 

In the second part of the Committee Business Paper are items included for the Committee’s information.

 

In accordance with Council’s format for it Business Paper, Councillors wishing to discuss any item are requested to call that item.

  


Item 4 Environmental Services and Sustainability Committee Meeting 7 May 2013

Item 4 - Annexure 1

 

 

DRAFT CONDITIONS OF CONSENT DA 2013/117

1.        DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure the development proceeds in the manner assessed by Council.

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref: DA 2013/117) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made.  An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

 

2.      HOURS OF OPERATION

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

The hours of operation of the development shall not be outside of the following times:

-     One race day meeting every six (6) weeks between the hours of 9am to 6pm.

-     One practice day meeting on a Saturday every six (6) weeks between the hours of 9am to 5pm.

-     One practice day per week (excluding weekends) between the hours of 9am to 6pm.

 

Any alteration to these hours will require the separate approval of Council.

 

NOTE: The above hours of operation shall apply to the development for the first twelve (12) months of operation.  Council will consider any request for variation from these hours of operation on its merits, having particular regard for the operation of the approved development in the initial twelve (12) month period.

 

 

3.      LANDSCAPING

 

Objective

 

To reduce landuse conflict and to lessen the visual impact of the development.

Performance

Landscaping is to be undertaken along the western boundary and northern boundary in a manner designed to reduce landuse conflict and lessen the visual impact of the remote control car track.  Landscaped areas shall be planted with native trees and shrubs, in accordance with the Gatton Guidelines report by the Queensland Department of Natural Resources.

 

4.      DISABLED ACCESS

Objective

To ensure safe, equitable and dignified access and egress for people with disabilities.

Performance

The applicant shall make provisions for access to the drivers stand by way of ramp, step or kerb in accordance with AS 1428.1.11 and the Disability Discrimination Act 1992.

 

5.      DISABLED ACCESS ADVISORY CONDITION

Objective

Advisory Only

Performance

Applicants are advised that provisions should be made to enable people with disabilities, as far as reasonable, safe equitable and dignified access to the site. This application does not imply nor confer compliance with the Commonwealth Disability Discrimination Act 1992. Applicants should satisfy themselves and make their own enquiries to the Human Rights and Equal Opportunity Commission.

 

6.          FACILITIES FOR PEOPLE WITH DISABILITIES

Objective

To ensure compliance with Building Code of Australia 2012.

Performance

A disabled WC is to be provided and to be in accordance with AS1428.1

 

7.      ENTRANCE / EXIT POINTS

 

Objective

 

To ensure on-site traffic flows in the manner assessed by Council.

 

Performance

 

Entrance / exit points are to be clearly signposted and visible from both the street and the site at all times

 

8.      OFF STREET PARKING

Objective

To ensure adequate car parking is available on site.

Performance

A minimum of 10 visitor car parking spaces are to be provided on site each having minimum dimensions as follows:

Uncovered - 2.5m x 5.2m

Each space is to be maintained.  Car parking spaces are to be well indicated as such by signage.

 

9.      DISABLED PARKING

Objective

To ensure adequate on-site carparking is provided at all times.

Performance

One off street car parking space is to be provided on site for the disabled and is to be in accordance with the provisions of Clause D3. 101 of the Building Code of Australia, 2012.

 

10.    CONTROL OF NUISANCE

Objective

To protect the amenity of the surrounding area.

Performance

No nuisance or interference with the amenity of the area is to be created by reason of any process or operation on the premises causing the emission of noise, dust, smoke, or any polluted discharge whatsoever. NOTE: Amendments to the POEO Act 1997, require Council to investigate complaints where only one person complains.

 

11.    DUST SUPPRESSION

 

Objective

 

To ensure that dust does not become a nuisance to neighbouring residents.

 

Performance

 

The applicant will ensure that the remote control car race track is continually watered when in use in order to prevent raised dust from becoming a nuisance to neighbouring properties.

 

 

12.    NOISE EMISSION

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

Emission of sound from the premises shall be controlled at all times, so as to comply with the Protection of the Environment Operations Act 1997.

 

 

13.    NOISE

Objective

To limit the impact of noise on adjoining properties.

Performance

Work may only be carried out on the site between the following hours:

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials.

 

14.    SCALE

Objective

To ensure the scale of the activity does not increase beyond the scope of this approval without the further assessment of possible impact.

Performance

This approval enables the applicant to operate at a scale as submitted in the proposal.  Any increase in the scale of the activity as submitted, will require the further approval of Council.

 

15.    COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

To ensure the development proceeds in the manner as determined by Council.

Performance

 

All conditions of this consent are to be complied with to the standards specified prior to any occupation.

 

 

 


Item 5 Environmental Services and Sustainability Committee Meeting 7 May 2013

Item 5 - Annexure 1

 


Item 5 Environmental Services and Sustainability Committee Meeting 7 May 2013

Item 5 - Annexure 2

 

DRAFT CONDITIONS OF CONSENT FOR MODIFICATION DA 2006/238

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure the development proceeds in the manner assessed by Council.

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref Peter Basha Planning & Development No 05101D6 Sheets 3-4 dated 11.04.2013) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made.  An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

 

2.      APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

To ensure compliance with s81A of the Environmental Planning and Assessment Act 1979 as amended.

 

Performance

 

The person having the benefit of this consent must appoint a Principal Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

 

That Certifying Authority may be the Council, or an Accredited Certifier appointed under the Act.  The required written notice to Council may be satisfied by supplying a copy of the Application for a construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994, as amended and must include the name, contact address, telephone and accreditation numbers of the selected Certifying Authority.

 

The Principal Certifying Authority and any other Certifiers appointed by that Authority will be responsible for the post-consent certification of the development.  Copies of all certification is to be submitted to Cabonne Council referenced by the Development Application Number.

 

3.      APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with S.109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

The person having the benefit of this consent is required to apply for a:

 

CONSTRUCTION CERTIFICATE to satisfy the requirements of Condition/s

COMPLIANCE CERTIFICATE to satisfy the requirements of Condition/s

SUBDIVISION CERTIFICATE to satisfy the requirements of Condition/s

 

4.      LOT DESIGN AND PURPOSE

 

Objective

 

To ensure the subdivision proceeds in accordance with Council’s consent and that the purpose of the newly created Lot(s) is/are clarified in the context of Cabonne Local Environmental Plan, 1991.

 

Performance

 

(a)       Surveying of the subject land will be generally in accordance with the attached draft plan of survey.

(b)       Lot(s) 1 & 3 have been approved as (a) Dwelling Entitlement Lots(s) under Clause 14 of Cabonne Local Environmental Plan, 1991.

(c)       Lot(s) 4 & 5have been approved as (an) agricultural lot(s) Clause 12(2)) of Cabonne Local Environmental Plan 1991.

 

5.      STAGED DEVELOPMENT

 

Objective

 

To ensure that the development complies with Section Division 2A of the Environmental Planning and Assessment Act 1979.

 

Performance

 

Development Application 2006/238 has been approved as a staged development under Section 80(4) of the Environmental Planning and Assessment Act 1979.

The development/subdivision may be carried out in the following stages:

Stage 1.

Lots 4 & 5 subject to completion of relevant conditions

 

Stage 2

Lots 1, 2 & 3 subject to completion of relevant conditions

 

Stage 1, Lots 4 & 5

6.       PROVISION OF PRIVATE ACCESS

 

Objective

 

To ensure that safe and practical access is provided to the subject land.

 

Performance

 

The applicant is to ensure the existing accesses to proposed Lots 4 and 5 are sealed to a minimum distance of 10m from the edge of the seal of the carriageway.

 

7.      REMOVAL OF VEGETATION

 

Objective

 

To ensure that safe egress is achieved by maintaining adequate sight distance.

 

Performance

 

Grassess within the road reserve, particularly west of Lot 4, are to be maintained at a level to ensure clear sight of approaching vehicles. All current OH&S requirements are to be met when carrying out work in the road reserve.

 

8.      WORKS UNDERTAKEN WITHIN STATE ROAD RESERVES

 

Objective

 

To ensure that all construction work carried out within State road reserves are at no cost to the Roads and Traffic Authority.

 

Performance

 

Should it be necessary to carry out any works within the State road reserve, the developer will enter into a Works Authorisation Deed with the RTA. All works are to be at no cost to the RTA or Council.

 

The applicant should contact Roads and Traffic Authority, PO Box 334, Parkes, NSW 2870 to obtain the necessary Deed.

 

9.      IMPACT ON RATES

 

Note:

 

Please note that after subdivision has occurred, this land will not be rated the same as it has previously been rated.  Each block created will attract its own general rate, water and sewerage rate, if appropriate, either connected or unconnected and waste management charge.

 

Under special circumstances, however, the Valuer General may amalgamate the newly created blocks for rating purposes but YOU must apply to that Department to do so.

 

The ACTUAL rate to be charged cannot be determined until the Valuer General has separately valued each new parcel of land, but an ESTIMATE of rating may be obtained by contacting Council’s Rates Department on (02) 63 923200.

 

Stage 2, Lots 1, 2 & 3

10.    LOCATION OF BUILDINGS

Objective

To ensure that new buildings are established within the most suitable sites on each lot, having regard to effluent disposal and other impediments to building.

Performance

The Linen Plan will indicate a building envelope within Lots 1, 2 & 3 following an appropriate assessment of the subject land for building suitability. A Restriction to User pursuant to Section 88B of the Conveyancing Act is to be prepared restricting the establishment of buildings outside such building envelopes.

11.    DOG PROOF FENCING

Objective

To ensure agricultural activities are not impacted upon.

Performance

Proposed Lots 1, 2 & 3 must be provided with dog proof fencing. Details are to be provided and the fence constructed PRIOR to release of a SUBDIVISION CERTIFICATE.

12.    ONSITE WASTE WATER MANAGEMENT

Objective

To ensure that an on-site waste water management study is conducted.

Performance

To provide documentation of an on-site waste water management study, completed by a suitably qualified person. This is to be provided to Council outlining the most suitable system and system location on lots 1, 2, & 3 PRIOR to the issue of a CONSTRUCTION CERTIFICATE.

13.    PROVISION OF POWER FOR SUBDIVISION

Objective

To ensure financial equity in providing adequate power supply for newly created Lots 1, 2, & 3.

Performance

Prior to the issuing of a Subdivision Certificate, the applicant will submit a Compliance Certificate from the Electricity Authority indicating that arrangements have been made for the supply of mains power to proposed lots 1, 2, & 3.

14.    PROVISION OF TELEPHONE FOR SUBDIVISION

Objective

To ensure that an adequate Telephone service can be supplied to newly created Lots 1, 2 & 3.

Performance

Prior to the issuing of a Subdivision Certificate, the applicant will submit a Compliance Certificate from Telstra indicating that a telephone service can be received on proposed Lots 1, 2, & 3.

15.    PROVISION OF RURAL ADDRESS NUMBER

Objective

To provide each eligible rural property with a rural address number in accordance with Standard AS/NZS 4819:2003:Geographic Information – Rural and Urban addressing.

Performance

The location of each eligible access will be established and a number allocated based upon measurements taken by the Principal Certifying Authority which will be in accordance with Standard AS/NZS 4819:2003.

The applicant is to contact Council’s GIS Officer on 63923248 to obtain an application form and instructions.

 

16.    ERECTION OF RURAL ADDRESS NUMBER

Objective

To ensure each eligible rural property has a suitably erected and clearly visible rural address number in accordance with Standard AS/NZS 4819:2003: Geographic Information – Rural and Urban Addressing.

Performance

The designated number plate shall be obtained and erected in accordance with the Specifications for Erection of Rural Address Numbers as supplied by Council.  (Note: These plates are available from Council at the fee specified in Council’s Fees and Charges)

Written notification is to be provided to Council indicating rural addressing number has been erected.  This letter is to be supplied to Council or Principal Certifying Authority PRIOR to the issue of a Occupation Certificate.

 

17.    GATE SETBACKS (AMENDED)

Objective

To ensure traffic entering and leaving the property does not create risk to traffic using the designated road.

Performance

Access gateways to Lots 1 and 2 are to be setback a minimum of 15 metres from the boundary fence line.

18.    PROVISION OF PRIVATE ACCESS (AMENDED)

 

Objective

 

To ensure that safe and practical access is provided to the subject land.

 

Performance

 

Access must be provided to all proposed lots in accordance with Council’s Provision of Private Access Specification that is current at the time of application.

 

However the following requirements must be met to comply with the Roads and Traffic Authority Conditions.

 

1.   Access to Lots 1, & 2 are to conform to the standard rural property access treatment as detailed in Figure 4.9.6 Layout 1 (AV_of the RTA Road Design Guide. A copy is attached for your information.

2.   Any existing drains are not to be impeded. Suitably sized drainage structures are to be provided to the proposed and current accesses (min 375mm diameter) with sloping headwalls.

3.   The levels of the proposed accesses are to match the levels of the existing payment.

4.   Entry into the western access of the Rest Area is to be prohibited (R2-4 signs) to restrict right turn manoeuvres into same.

5.   A right turn treatment of the ‘Type BAR’ (Basic Right Turn) is to be constructed adjacent to the east bound lane as shown in figure 4.8.23, Rural Conditions of the RTA Road Design Guide. A copy is attached for your information. It should be noted that the widened shoulder is to be sealed.

6.   All access points are to be sealed to the gate setback.

 

An Access Construction Certificate must be obtained prior to commencement of construction or upgrade of any access or accesses to the property from the adjoining road.

 

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access(es).  Please telephone Council’s Development Engineer on 6392 3271 to arrange a suitable date and time for the inspection.

 

A Compliance Certificate for the access(es) must be submitted to Council before a Final Subdivision Certificate can be issued.

 

19.    TRAFFIC AND PEDESTRIAN MANAGEMENT PLAN

 

Objective

 

To ensure that any traffic or pedestrian movement through or past the work site is safe.

 

Performance

 

The applicant is to prepare and implement a Traffic Management Plan that provides necessary direction to traffic or pedestrian movement through or past the work site.  The Traffic Management Plan is to be prepared by a suitably qualified person in accordance with the provisions of the relevant Australian Standards and is to be submitted to Council for approval PRIOR to its implementation.

 

20.    WORKS UNDERTAKEN WITHIN STATE ROAD RESERVES

 

Objective

 

To ensure that all construction work carried out within State road reserves are at no cost to the Roads and Traffic Authority.

 

Performance

 

A Road Occupancy Licence is required prior to any works commencing within the Road reserve and Rest Area (slashing included). This can be obtained by contacting RMS Parkes Office. Submission of a traffic control plan is required as a part of this license.

 

All works are to be at no cost to the RTA or Council.

 

 

 

 

 

 

21.    EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

 

To prevent soil erosion and watercourse contamination during and subsequent to the course of the development.

 

Performance

 

An overall erosion and sedimentation control plan is to be prepared to a standard acceptable to both the Principal Certifying Authority and the Department of Infrastructure, Planning and Natural Resources.

 

The plan is to note any proposed vegetation retention and planting and is to be submitted and approved prior to the issue of a subdivision certificate for Stage 1 or any works.

 

Specific construction zone erosion and sedimentation control plans are to be prepared to a standard acceptable to the Principal Certifying Authority and are required to be approved prior to the issue of Construction Certificates for each and any stage of the development.

 

 

22.   ACCESS

Objective

To provide legal access to the Lot 3.

Performance

Submitted s.88b Instrument to make satisfactory provision for the following in respect of the proposed right of way.

i.          Provision of a minimum maintenance all-weather carriageway surface

ii.         Provision for on-going management/maintenance of the carriageway including clear details of obligations/responsibilities of the affected parties.

iii.        Provision for adequate width and turning facilities for likely vehicle traffic including all likely service and emergency vehicles.

iv.        Effective (legal) provision for access by all emergency and other essential service organisations over the private carriageway.

 

Full details to the satisfaction of the Certifying Authority, including draft s88b instrument and specifications to be provided BEFORE THE ISSUE OF A SUBDIVISION CERTIFICATE FOR THE DEVELOPMENT.

Approved 88b instrument to be provided WITH THE APPLICATION FOR THE SUBDIVISION CERTIFICATE.

 

 

 

 

23.    INTERNAL ACCESS

 

Objective

 

To ensure a satisfactory all weather access is available to the new dwelling site.

 

Performance

 

The applicant is required to upgrade/construct  an internal road prior to release of subdivision certificate from the point of access to Lot 3 to the proposed near dwelling house to a standard that allows access by a typical 2-wheel drive vehicle in wet weather, at the applicants cost.

 

 


Item 6 Environmental Services and Sustainability Committee Meeting 7 May 2013

Item 6 - Annexure 1

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Environmental Services and Sustainability Committee Meeting TO BE HELD ON Tuesday 7 May, 2013

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      EAST GUYONG QUARRY COMMUNITY CONSULTATIVE COMMITTEE MEETING 25 MARCH 2013................................................................. 1

ITEM 2      PLANNING REFORM - THE WHITE PAPER................................... 1

ITEM 3      HERITAGE ADVISOR'S REPORT - APRIL 2013............................ 3  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    East Guyong Quarry CCC Meeting 03 Minutes 4

ANNEXURE 1.2    East Guyong CCC 04 minutes..................................... 6

ANNEXURE 3.1    Heritage Advisor's Report....................................... 8 

 


 

 

ITEM 1 - EAST GUYONG QUARRY COMMUNITY CONSULTATIVE COMMITTEE MEETING 25 MARCH 2013

REPORT IN BRIEF

 

Reason For Report

To inform council of the minutes of the consultative committee meeting

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5. Manage our natural resources.

Annexures

1.  East Guyong Quarry CCC Meeting 03 Minutes

2.  East Guyong CCC 04 minutes    

File Number

\OFFICIAL RECORDS LIBRARY\ENVIRONMENTAL MANAGEMENT\MONITORING\EAST GUYONG QUARRY - 460133

 

Director of Environmental Services' REPORT

 

The Director Environmental Services attended the quarterly meeting of the East Guyong Quarry Community Consultative meeting at the site office on 25 March 2013. The minutes of the previous meeting (copy attached) were adopted and formed the basis for discussion. The company is currently undertaking road works to provide access to and within the site of the proposed quarry.  The Community Enhancement Fund project to  assist with maintenance of the East Guyong Anglican Cemetery was also a point of discussion.

 

 

ITEM 2 - PLANNING REFORM - THE WHITE PAPER

REPORT IN BRIEF

 

Reason For Report

To advise the committee of the release of the State Government's 'White Paper"

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Provide efficient and effective development assessment.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\LEGISLATION\PLANNING REFORMS - 463665

 

Director of Environmental Services' REPORT

 

The following information is an extract from Local Government NSW Weekly edition 16/13 dated 19 April 2013.

 

‘The NSW Minister for Planning released the much-awaited Planning White Paper and draft legislation on Tuesday 16 April. The public and key stakeholders have ten weeks to review and give feedback to the Government on the following documents:

·    White Paper – ‘A new planning system for NSW.’

·    Planning Bill 2013 – exposure draft.

·    Planning Administration Bill 2013 – exposure draft.

 

The White Paper presents radical and far reaching changes to the NSW planning system, expanding on the reforms that were outlined in the Green Paper last year. The White Paper is structured into six elements (the first five being transformative changes outlined in the Green Paper):

 

1.Delivery culture.

2. Community participation.

3. Strategic planning framework.

4. Development assessment.

5. Provision of infrastructure.

6. Building regulation and certification system.

 

The White Paper proposes changes to plans and procedures, and is predicated on fundamental changes to the planning culture in NSW. The information supporting the release of the white paper and draft exposure bill includes:

 

·    Community participation.

·    A guide to the new planning system.

·    Frequently asked questions for councils and industry.

·    Fact sheets on infrastructure, upfront strategic planning, smarter development assessment, and better and safer buildings.

 

These documents can be found on the Department of Planning and Infrastructure website.

 

The Government has introduced a number of new communication channels for the public to have input to the review process. In addition to the usual channels of making a written submission on the White Paper, stakeholders and the public can:

 

·    Participate in online discussion forums at ‘Have Your Say’

·    Attend one of the briefings, feedback sessions and meetings being held across NSW.

·    Use the ‘Meeting in a Box’ toolkit to hold their own meeting and provide feedback

 

Local Government NSW (LGNSW) supports the review of the planning system, and will be seeking detailed input to the implementation of the reforms to ensure they will be practical in delivering better outcomes and effective in engaging communities. LGNSW will be preparing a detailed submission and invites councils to contact us about key issues of concern.’

 

The framework aims that within five years 80% of DAs will be exempt or complying development or codes SEPP  determined. Planning schemes are to be transitioned to a new model of LEPs with the focus on community engagement as  a major part of strategic planning. Regional and Sub Regional Planning Strategies will inform local planning provisions.

 

The White Paper can be sourced on-line at the following web site, www.planning.nsw.gov.au/newplanningsystems. Submissions close on 28 June 2013.

 

ITEM 3 - HERITAGE ADVISOR'S REPORT - APRIL 2013

REPORT IN BRIEF

 

Reason For Report

Providing Councillors with a copy of the Heritage Advisor's report for April 2013.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.3 - Beautiful towns and villages with historic assets cared for and preserved.

Annexures

1.  Heritage Advisor's Report    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 463627

 

Director of Environmental Services' REPORT

 

A copy of the Heritage Advisor’s Report for April 2013 is attached for the information of the committee.  


Item 1 Environmental Services and Sustainability Committee Meeting 7 May 2013

Item 1 - Annexure 1

 



Item 1 Environmental Services and Sustainability Committee Meeting 7 May 2013

Item 1 - Annexure 2

 



Item 3 Environmental Services and Sustainability Committee Meeting 7 May 2013

Item 3 - Annexure 1

 

David Scobie Architects                                                                                

                                                                                                                               

Level One, 177A Sailors Bay Road,                                                                           

Northbridge,                                                                                                       Heritage

NSW 2063                                                                                                         

Tel:  (02) 9967 2426

Fax: (02) 9967 2471

Mobile: 0412 415010

Email scobiearchitect@optusnet.com.au

 

Cabonne Shire Council

Via email

Attn: Ms. Heather Nicholls &

Amanda Rasmussen

 

REPORT: April 2013                                                            Visit: 09/04/2013

 

1.0        Information provided to the Heritage Advisor

 

1.1        Heritage Committee Meeting:

1.1.1     Current issues: Items addressed below

 

1.2        Heritage Advisor appointments –

·      Each of the Tuesday visits is listed below

 

May 7th  - Meeting 1 to be arranged with Councillor Janelle Culverson & members of the Ophir Reserve Trust

 

Meeting 2 to be arranged with the Canowindra Historical Society at the Museum with Anne Vincent and Dorothy Balcomb

 

June 4th

July 2nd

August 6th

September 4th

October 15th

 

 

2.0        Follow Up required

 

v Bank Street western stores and awning

v Molong Bakery – verandah reinstatement

v Canowindra Club - landscape

v Canowindra Main Street – crossings

v Canowindra – Main Street Study

v Sale of Boree Nyrang – Nyrang Homestead

 

The following notes apply to site visits and requests for advice

The intention is that the notes are passed to the Property Owner/Enquirer/DA Applicant:

 

3.0        The Canowindra Services Club

Attention: Heather & Amanda

 

Council has received new architectural drawings addressing the concerns expressed by Council and the Heritage Advisor about the forecourt of the Club. The works constructed differed from the approval and included 1000mm high rendered planter boxes on the perimeter.

 

Previous advice from the Advisor recommended maintaining the forecourt as an open paved space as far as possible. This related to the forecourt having been designed as a gathering space in front of the hall. The Hall entry consisted of a series of doors into the Foyer. In addition, the site is a prominent street corner and one of the two main entry points into the central business area. The Historical society provided some early photos illustrating a motor and tractor dealership on the site prior to the construction of the Hall.

 

In more recent times the Hall has been modified internally and the circulation altered allowing direct access between the services Club and the Hall. The Hall has largely become an extension of the Club facilities.

 

The architectural drawings February 2011, Drawing 02 revised 13th April 2012 indicated the following:

·      Relocated water meter;

·      New screen wall to side of Club remove fixed panel new timber glazed door to suit. This screened but unroofed route gives access between the auditorium/hall foyer and the new smoking area

·      Upgraded forecourt

·      New planter box to Gaskill Street on boundary – 5000x1060 plus seat facing inwards

·      New Planter box to Blatchford Street boundary offset from boundary

 

This proposal was rejected by Council but largely constructed in particular the two planters, the Blatchford Street side landscape garden and the low height screen wall.

 

The new Proposal 2013

·      The two existing planter boxes are retained but cut down in height to leave them 450mm above ground level;

·      There are no significant changes to the screened passage

 

Heritage Issues

The key issues for consideration are the significance of the Conservation Area, the urban design issues associated with the prominent location and the heritage significance of the Memorial Hall.

·      The screened passage appears as a poorly considered afterthought which also takes a substantial portion of the public space from the Memorial Hall forecourt;

·      The two large rendered planter boxes remain to occupy a substantial portion of the memorial space. This space has previously had the capacity for memorial functions and includes a plaque and flagpole. The two planters now occupy a substantial portion of the space and separate it entirely from the adjoining footpath which previously visually extended the space in front of the hall. The remaining space to the Hall is divided by the flagpole leaving a minimal area for gathering and circulation;

·      There is no history of planters and plants within Gaskill Street as is common with commercial areas;

·      There are no arguments put forward for the changes other than it appears that the planters are some form of camouflage or compensation for the awkward nature of the water meter and screened passage tacked on to the side of the Club linking the foyer to the smoking area..

 

Recommendations

·      The Blatchford Street planter to be modified with the walls reduced down to ground level, two suitable deciduous trees planted within standard cast iron tree grates located at each end of the planter and a standard timber slatted bench seat with back provided between the two planter elements.

Reasons: This design retains the planting element in the form of two selected trees, retains the seating amenity in a more appropriate location and removes the visual bulk of the rendered planter box allowing clear views to and from the forecourt and permits greater use of the space for public and memorial functions including those with a disability

·      The Gaskill Street Planter to be fully removed and the area paved over to match the ‘refurbished ‘ forecourt

Reasons: This design removes the visual bulk of the rendered planter box allowing clear views to and from the central axis of the forecourt, the wall mounted memorial plaques and the prominent flagpole and permits greater use of the space for public and memorial functions including those with a disability.

·      The Screened passage to be modified so that one uniform treatment between the ground level and the top of the proposed screen is in a consistent dark material such as stained horizontal timber slats are used to screen the three elements: rendered brick base, glass panels and the mesh water meter.

Reasons: This design reduces the visual bulk of the allowing clear views to and from the memorial forecourt while reducing the visual bulk of the intruding passage and associated elements.

 

·      The concrete within the Forecourt and the adjoining footpath is to be ‘refurbished’ using sand blasting to produce an exposed aggregate or similar quality finish.

Reason: to complete the works originally specified and approved.

 

 

 

4.0        Site: Painted murals on various buildings at Eugowra

 

Development Application 2012/160 from the Eugowra promotion & Progress Assn.

Attention: Heather & Amanda

 

Significance: A substantial number of buildings within the village centre have retained their original character and historic integrity. They are not listed heritage items but collectively provide the area with a rare quality which has remained largely intact due to the minimal number of new buildings and changes to the existing buildings.

 

Condition: The conditions of the buildings vary according to their function and levels of change and maintenance undertaken in recent years.

 

Proposal: An earlier project provided a number of painted murals generally provided on the sides of buildings. The project has been well received by the local community and appears to form part of a successful marketing campaign for the village.

 

An additional set of painted murals is now proposed.

·      The toilet block in Memorial park, North Street – front wall & two side walls

·      Eugowra Swimming Pool, Oberon Street – portion of side wall

·      CWA premises, 43 Nanima Street – three framed panels on side wall

·      The Lady Bushranger, retail at 1-5 Pie Street– side elevation

·      Central hotel – side elevation of the facade above the awning

·      41 Broad Street, Gentle Cow Cafe– side elevation

 

Comments:

The previous Heritage Advisory notes provided the following:

·      Information related to each mural is best provided in the form of a separately mounted traditional interpretive panel or a separate explanatory brochure

·      Pictorial murals are preferred and are in the traditional of large scale painted advertising.

 

Heritage issues

The general approach is endorsed as being appropriate within the heritage settings and in respect of the individual buildings subject to the following detailed recommendations:

·      The toilet block in Memorial park, North Street – front wall & two side walls: the proposed artwork appears to be excellent and appropriate for the Park context and the memorial in the vicinity. Note the general comments on the extent and quality of the text.

·      Eugowra Swimming Pool, Oberon Street – portion of side wall: The image is striking and appropriate but very large for the scale of the building. It is therefore recommended only that the top of the mural line up with the lettering on the entrance and that the mural be given a dark grey painted frame to integrate it with the building elevation in a similar manner to how the door and window architraves frame these elements on the elevation. The objective is to ensure that there is a minimum of 300mm or three bricks clear around the mural panel

·      CWA premises, 43 Nanima Street – three framed panels on side wall: The panels are to be framed and this technique suits the building and spacing between the windows. The panels will need to be securely mounted to the weatherboard wall without doing damage or allowing water penetration. The additional 4 panels on the front elevation appear excessive and detract from the general character and presentation of the CWA sign. It is recommended that the outer two panels are retained and the inner two each side of the front door be omitted to present a clear unambiguous view of the premises.

·      The Lady Bushranger, retail at 1-5 Pie Street– side elevation – The wall mural is fine and in keeping with the character of such painted commercial walls

·      Central hotel – side elevation of the facade above the awning – The facade panel is fine and in keeping with the commercial character of such facades

·      41 Broad Street, Gentle Cow Cafe– side elevation: – The facade panel is fine and in keeping with the commercial character of such facades

 

In view of the success of the previous project and the expected similar success of this extended project, it is recommended that the community consider preparation of simple A4 colour brochure telling the story of the murals. This can be produced professionally, located on various relevant web sites and used in hard copy form to provide to Tourism NSW and Visitor Centres throughout NSW

 

5.0        The Uniting Church, 114 Bank Street, Molong

Contact: Brad

Attention: Heather and Amanda and Brad

.

Significance: The Church occupies a substantial corner site at the top of the main street. The site includes three substantial buildings. The original stone Church which has been painted Cream and includes the Men’s Shed addition to the rear. The timber framed and weatherboard clad Hall which lies across the site and the contemporary Church located on the prominent street corner in blond brick.

 

The site has historic, aesthetic and social heritage values. The site is listed as heritage item Wesleyan Church (former) No. I181 in Schedule 5 of the Cabonne LEP 2012

 

Issues: The Hearse drives on to the site using the bank Street entrance which consists of a standard concrete apron from the gutter invert up to the concrete footpath and then over a loose unconstructed gravel driveway. The Hearse currently bottoms out on the upper portion of the apron. This is due both to the unusual length of the wheelbase of the vehicle and the inclination of the concrete apron which does not have a convex transition at the top on to the footpath level.

 

The Church community is proposing a new apron crossover similar to the existing crossover in Edward Street which is a very substantial series of pre-cast concrete slabs and side barriers.

 

 

View into the site, noting the existing concrete crossover, the original stone curbing, the remnant stone base and partial concrete cover on the gutter area. The stone base to the gutter extends only a nominal 700mm to the right of the entry and stops given it is nominally the ridge of the hill across Bank Street.

 

 

A long view indicating the extent of the original stone base to the gutter. The width appears to be nominally 700mm.

 

 

Proposal:

Rod is considering simpler version of reconstructing the crossover concrete apron with an extension out to the line of the traditional stone gutter, the same width and stopping at the footpath. In addition the currently gravel driveway within the site needs to be consolidated and given a suitable finish. It is noted that the area uphill of the access collects a substantial amount of stormwater via this catchment and this is channelled down to the street along the drive leaving gravel and debris across the footpath and driveway

 

Options

1.   The Edwards Street access is a considerable distance for the Hearse and the internal driveway route would require reconstruction through the lawn area. This option could still be adopted if the cost of the bank Street work exceeds the cost of this alternative. The heritage impact would be the construction of a driveway between the existing church buildings

2.   The provision of a substantial piped gutter with apron crossover above would extend further into the road and parking area producing a hazard and the appearance would be detract from the setting.

3.   The reconstruction of the existing concrete apron crossover to the existing dimensions but incorporating a standard convex transition at the top of the ramp where it contacts the footpath is an option. Only a detailed survey and set of levels could determine if this would alleviate the vehicle scraping.

4.   Reducing the upper levels could be accomplished by reconstructing the footpaths to each side of the crossover by a nominal 3m in conjunction with a new crossover and consolidated driveway. Additional associated impacts would be the need to reduce the lawn areas in the vicinity of the new lower footpath and the reconstruction of the concrete steps leading from the footpath up to the former church.

 

Heritage Impact

·      A length of original gutter stones - nominally 3m long and 700mm wide would need to be removed for the concrete extension. Until the excavation occurs the extent of the stonework is unknown due to the surface cover in concrete.

·      Mitigation measures would include the use of an exposed aggregate finish on the concrete in place of the standard white cement finish. The remaining stones removed from the excavation could be stored at the Depot and used by Council as and when required to make repairs on damaged areas of traditional stone guttering. This would be preferable to their use for a non-road function such as garden edging as they are part of the town infrastructure.

·      The pipe would need to be low profile such as one or more rectangles so as not to produce an excessive rise or extend too far into the road space;

·      The consolidation to the gravel driveway should maintain a ‘gravel like’ appearance. The use of cement stabilised roadbase and topping could be a solution and alternative to concrete or tar-seal.

 

Recommendations

The proposal subject to the use of the mitigation measures is likely to have the least impact on the heritage significance of the site. The mitigation measures to be as follows:

·      The use of an exposed aggregate finish on the new concrete and a mid-grey aggregate similar to the stone in the guttering;

·      A gravel like finish to the consolidated driveway;

·      The storage of the removed gutter stones for re-use in Molong gutters as required.

 

 

 

6.0        Cabonne Shire Council – Proposed Cabonne Museums Support programme

 

Attention: Heather, Glenn and Sharon

 

Further to the previous advice provided to Council regarding a strategy for supporting the Museums, it is evident that increased communication between the wide range of parties would improve the situation where discussion and capacity building is largely driven by the funding arrangements through Orange City. Currently Council supports the Orange Programme but there is a minimal level of accountability and information exchange.

 

As a Tourism resource for the Cabonne Shire there are likely to be range of opportunities for the Shire Museums and learning experiences for the important volunteer organisations to be sourced through an annual network meeting.

 

It is therefore submitted to Council that an Annual Cabonne Shire Museums workshop be established for this purpose. The optimum period would be in the October – December months avoiding general holidays and busy times.

 

Initially, the proposed location is Molong with the use of Council’s meeting room plus a visit to the Molong Museum. Future network meeting workshops would rotate through the villages and their respective Museums.

 

Should the project be supported by council, it would be organised by Kate with support from Sharon.

 

Participants:

·      Molong Museum & Historical Society

·      Cudal: Corden Cultural Centre

·      Cumnock Museum

·      Yeoval Museum

·      Eugowra Museum & Historical Society

·      Ophir Reserve Trust

·      Amusu cinema

·      Canowindra Museum & Historical Society

·      The Age of Fishes Museum

 

 

A morning period from 9-12.30pm is proposed with a visit to the Museum after Lunch:

 

A simple agenda could take the following form:

·      Attendees: all Museums within the Shire with a nominal max. 4 persons from each;

·      Mayors welcome

·      Intro.  and comments from the Chair of the Heritage Committee

·      Introduction by Heather Nicholls

Introduction of the relevant Council staff: Health & building,  Engineering, Economic Development & Tourism, Town Planning, Grants Programme and Heritage;

Reporting requirements

Funding opportunities

·      Report: Each Museum to provide a 5 minute summary of their anticipated annual projects. The formal annual report would then be submitted to the following full Council meeting for the general information of Councillors and the Community.

·      Morning tea and Networking discussions

·      Guest speaker: Proposed - Fiona Ferguson, Mgr. Age of Fishes of Museum: 40 minutes from Fiona as a special guest invited by Council with expertise to offer the group in terms of Improving the Visitor experience.

·      Lunch: Council provided

·      Afternoon - Site Visit: The Molong Museum

 

7.0        Shire wide Awning Strategy – Draft concept

·      Develop a model inspection and reporting programme

·      Review costs, funding for the inspections and budget for the work sites

·      Review implications for heritage sites and conservation areas

·      Complete Molong central area as a demonstration package

·      Feedback and revise inspection programme

·      Complete other villages

 


 

8.0        Annual Heritage Strategy checklist

 

1

Heritage Committee

Advice to Council

1

8

 

 

 

Consultant Directory

 

 

 

 

 

Services & trades Directory

 

 

 

2

Heritage Study

Aboriginal Study

 

 

 

 

 

Statements of significance

 

 

 

3

Heritage Advice

Site visits

1

24

 

 

 

Heritage advice

7

36

 

 

 

Urban design advice

 

3

 

 

 

Pre-DA advice

 

1

 

 

 

Advice on DA's

2

11

 

4

Pro-active Management

Heritage DCP

 

 

 

 

 

Urban design DCP

 

 

 

 

 

DA fee relief

 

 

 

 

 

Flexible Planning & building

 

 

 

5

Local Heritage Fund

Funded projects

 

 

 

 

 

Project value

 

 

 

 

 

Heritage fund value

 

 

 

 

 

Owner contribution

 

 

 

 

 

Tourism projects

1

3

 

 

 

Paid employment

 

 

 

 

 

Volunteer hours

 

 

 

6

Main Street

Committee

 

 

 

 

 

Study

 

 

 

 

 

Implementation

 

 

 

 

 

Expanded main street

 

 

 

7

Education & promotion

Brochures, web, plaques, panels

 

1

 

 

 

Events

 

 

 

 

 

Tourism strategy

 

 

 

 

 

Trails

 

 

 

 

 

Training

 

 

 

8

Council assets

Asset management plans

1

2

 

 

 

CMP and CMS

 

1

 

 

 

Works budgets

 

1

 

9

Sustainability

Adaptive re-use

 

 

 

 

 

Restoration

 

1

 

 

 

Reinstatement

 

 

 

 

 

Landscape

 

 

 

 

 

Water

 

 

 

 

David Scobie         RAI