ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE
REPORT IN BRIEF
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Reason For Report |
To allow tendering of apologies for Councillors not present. |
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Policy Implications |
Nil |
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Budget Implications |
Nil |
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IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
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Annexures |
Nil |
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File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 502490 |
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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. |
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Policy Implications |
Nil |
|
Budget Implications |
Nil |
|
IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
|
Annexures |
Nil |
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File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 502491 |
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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. |
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Policy Implications |
Nil |
|
Budget Implications |
Nil |
|
IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
|
Annexures |
Nil |
|
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 502492 |
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THAT any Political Donations be noted. |
General Manager's REPORT
A call for Declarations of any Political Donations.
ITEM 4 - DEVELOPMENT APPLICATION 2014/74 ADDITIONS AND ALTERATIONS ON LOT 122 DP 661228 LOFTUS STREET, EUGOWRA
REPORT IN BRIEF
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Reason For Report |
To gain approval from the committee |
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Policy Implications |
Building Alignment Policy |
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Budget Implications |
Nil |
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IPR Linkage |
4.5.3a Provide efficient and effective development assessment |
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Annexures |
|
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File Number |
\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0074 - 514272 |
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THAT:
1. Council grant consent to vary the Building Alignment Policy and DCP No 16 Flood Prone Land in Eugowra. Clause 3.3 relating to minimum freeboard level.
2. Council approve Development Application 2014/74 for additions and alterations on Lot 122 DP 661228 Loftus Street, Eugowra subject to the attached conditions.
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TOWN PLANNER’S REPORT
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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.
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SUMMARY
The following report provides an assessment of the development application submitted for additions and alterations on Lot 122 DP 661228 Loftus Street, Eugowra.
The application has been referred to the Environmental Services and Sustainability Committee for determination as the proposal seeks a variation to planning standards under Council’s Building Alignment Policy and DCP No 16 Floodprone Lane in Eugowra.
It is recommended that the application be approved subject to conditions of consent.
Applicant: Jim Fazzari
Owner: J Fazzari
Proposal: Additions and Alterations
Location: Lot 122 DP 661228 Loftus Street, Eugowra
Zone: RU5 Village
THE PROPOSAL
Council approval is sought for additions and alterations to the existing dwelling at Lot 122 DP 661228 Loftus Street, Eugowra. The proposal seeks to vary Council’s building alignment policy and development standards identified in DCP 16 Floodprone Land in Eugowra clause 3.3 relating to minimum freeboard level.
The proposed additions include a new kitchen, dining room, rumpus room and extensions to bedroom 2 & 3. Also includes a car port over the driveway at the front of Lot 122. External construction materials are chosen to match the existing dwelling.
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)
Clause 1.2 Aims of the Plan
The broad aims of the LEP are as follows:
‘a) to encourage development that complements and enhances the unique character and amenity of Cabonne, including its settlements, localities, and rural areas,
(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Cabonne in a manner that allows present and future generations to meet their needs by implementing the principles of ecologically sustainable development,
(c) to facilitate and encourage sustainable growth and development that achieves the following:
(i) contributes to continued economic productivity, including agriculture, business, tourism, industry and other employment opportunities,
(ii) allows for the orderly growth of land uses while minimising conflict between land uses within the relevant zone and land uses within adjoining zones,
(iii) encourages a range of housing choices and densities in planned urban and rural locations that is compatible with the residential and rural environment and meets the diverse needs of the community,
(iv) promotes the integration of land uses and transport to improve access and reduce dependence on private vehicles and travel demand,
(v) protects, enhances and conserves agricultural land and the contributions that agriculture makes to the regional economy,
(vi) avoids or minimises adverse impacts on drinking water catchments to protect and enhance water availability and safety for human consumption,
(vii) protects and enhances places and buildings of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places,
(viii) protects and enhances environmentally sensitive areas, ecological systems, and areas that have the potential to contribute to improved environmental, scenic or landscape outcomes.
Clause 1.9A Suspension of covenants, agreements and instruments
This clause provided that covenants, agreements or other similar instruments that restrict the carrying out of development upon the subject land do not apply unless such are:
· Covenants imposed or required by council
· Prescribed instruments under s183A of Crown Lands Act 1989
· Any conservation agreement under National Parks and Wildlife Act 1974
· Any trust agreement under the Nature Conservation Trust Act 2003
· Any property vegetation plan under the Native Vegetation Act 2003
· Any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995
· Any planning agreement made under Division 6 of Part 4 of the Environmental Planning & Assessment Act 1979
Mapping
The subject site is identified on the LEP maps in the following manner:
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Land zoning map |
Land zoned RU5 Village |
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Lot size map |
Minimum lot size 900m2 |
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Heritage map |
Not a heritage item or conservation area |
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Terrestrial Biodiversity Map |
No biodiversity sensitivity on the subject land |
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Flood planning map |
Is within a flood zone (Floodplain) |
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Natural resource – karst map |
Not within a karst area |
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Drinking water catchment map |
Not within a drinking water catchment area |
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Riparian land and watercourse map, groundwater vulnerability map |
Is affected by riparian, watercourse or groundwater vulnerability |
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Land reservation acquisition map |
NA |
These matters are addressed in the report following.
Cabonne Local Environmental Plan 2012
The subject land is zoned RU5 Village by the Cabonne Local Environmental Plan 2012. Alterations and additions to the existing dwelling are permissible within this zone, subject to Council’s development consent.
Objectives of the RU5 Village zone
The proposal is not contrary to the aims of the LEP or the objectives of the RU5 zone. The development relates to and is consistent with the zone objectives which seek to
· To provide for a range of land uses, services and facilities that are associated with a rural village.
· To encourage and provide opportunities for development and local employment growth.
· To ensure that development is compatible with surrounding land uses.
Part 6 – Additional local provisions
Clause 6.1 Flood planning
The objectives of this clause are as follows:
a. To minimise the flood risk to life and property associated with the use of land,
b. To allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
c. To avoid significant adverse impacts on flood behaviour and the environment.
The potential impact of the proposed development on floodwater is determined to be minimal and the floor height is raised to a height of 375mm freeboard of the 1% AEP flood level (1 in 100 year flood event) to avoid inundation of the building. The development has been assessed in regards to flooding and it is deemed the proposed additions are not likely to have an adverse impact in terms of the following:-
- Impede the flow of flood waters on that land or adjacent land,
- Imperil the safety of persons on that land or adjacent land in the event of the land being inundated with floodwaters,
- Aggravate the consequences of flood waters flowing on that land or adjacent land with regard to erosion, siltation and the destruction of vegetation, or
- Change the nature of the water table of that land or adjacent land.
The proposal complies with the requirements of clause 6.1 Flood Planning.
Clause 6.6 Riparian Lands & Watercourses
The objectives of this clause is to protect and maintain the following:
a. Water quality within watercourses,
b. The stability of the bed and banks of watercourses,
c. Aquatic and riparian habitats, and
d. Ecological processes within watercourses and riparian areas.
The proposal has been assessed in terms of its potential to impact water quality, habitats and ecosystems, the stability of the bank and/or future rehabilitation of riparian areas.
Council is satisfied development of the site will not result in any adverse environmental impacts to riparian land and the proposal complies with the provisions of clause 6.6.
Clause 6.8 Essential services
Council is satisfied the following essential services are available to the proposed development:-
a. The supply of water,
b. The supply of electricity,
c. The disposal and management of sewerage,
d. Stormwater drainage, and
e. Suitable vehicle access.
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 impact the site.
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 16 – Interim Guidelines for Flood Prone Land in Eugowra applies to the land.
The objectives of DCP 16 are:-
a. To provide controls for the assessment of applications on land affected by potential floods in accordance with the provisions of Cabonne LEP.
b. To alert the community of Council’s policy in relation to the use and development of land affected by the potential floods in Eugowra.
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 flooding through controlling development on land affected by potential floods.
The criteria for determining applications for development within the floodplain are defined by both land use category and level of flood inundation and hazard. In Annexure 4 the proposed development is identified as residential land use, which includes, but is not limited to dwellings.
The development controls apply to all flood prone land in a PMF (Probably Maximum Flood event). Lot 122 is identified as being in the floodplain between Aurora Street and Parkes Street. Any development within this zone should be raised up to and including the 100 year flood plus 400mm freeboard.
The site has been inspected by K Lupis (registered surveyor) to establish the level of the existing door tread in relation to the 1% AEP flood level (1 in 100 year flood level). The door tread was found to have 375mm freeboard above the 1% AEP flood level advised by Council in lieu of the required 400mm minimum free board required under DCP No 16.
The proposed development is planned to match the existing dwelling and the total freeboard level of the proposed extensions on the eastern and western side is 375mm. The applicant therefore seeks to vary Councils development standards under section 3.3 of DCP No 16 by a total of 25mm. This is to achieve a consistent level throughout the house without having to construct the additions elevated from the original dwelling. The proposal has been assessed for impact to flood behavior, impact to private property and human safety during a flood event. It is considered the proposal will not have any adverse impact in these terms and the development is consistent with the aims and objectives of the DCP.
The development proposal complies with the relevant aims and objectives of the Cabonne LEP 2012. Furthermore, non-compliance with the development standards would not raise any planning matters of State or Regional significance and there is no public benefit from maintaining the development standards specified.
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)
Context & Setting
The existing dwelling is in an established residential area and the scale of the building is consistent with other development in the street. It must be noted the proposed car port does not comply with Council’s building setback policy. In the village zone a setback of 8m is required to maintain consistency in the streetscape. Given the proposed carport consists of a roof only and is not enclosed the visual impact will be decreased. Furthermore, there are no dwellings on either side of the dwelling to justify maintaining consistency in the streetscape. The applicant seeks to vary Council’s setbacks policy for the carport and there will be no adverse impacts in terms of context and setting.
Visual amenity
Construction materials for the wall and roof cladding are chosen to match existing and the development will be complimentary to the streetscape. Draft condition for non reflective construction materials will apply. There will be no adverse impact in terms of visual amenity.
Access and traffic
The existing access to Lot 122 has been constructed and complies with current access specifications. There will be no increase in traffic and therefore no requirements for upgrading access or road infrastructure.
THE SUITABILITY OF THE SITE s79C(1)(c)
Physical Attributes and Hazards
The subject land is affected by flooding hazards. An assessment of the impact of the proposal has been carried out and the site is deemed suitable for the development.
DEVELOPMENT CONTRIBUTIONS
No contributions apply to the development.
ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)
The proposed development is not advertised development.
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 alterations and additions is permissible with the consent of Council. The applicant seeks to vary Council’s Building Alignment Policy to construct a carport in front of the existing building line and to vary DCP No 16 in its application of 400mm above 1 in 100 year flood floor level. The development complies with the relevant aims, objectives and provisions of the LEP. 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 5 - HERITAGE GRANTS 2013/14 PROGRAM
REPORT IN BRIEF
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Reason For Report |
Seeking Council approval for funding allocation. |
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Policy Implications |
Nil |
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Budget Implications |
In accordance with budget |
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IPR Linkage |
4.3 Continue to implement the Heritage Program. |
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Annexures |
Nil |
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File Number |
\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2013 - 514605 |
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THAT:
1) The application to improve drainage and stabilise foundations at the St John’s Church, 6 Hamilton Street, Cargo be supported and that a funding offer of $2,000 be made to Mr David Bracey, subject to complying with the recommendations of the heritage advisor.
2) The application to improve drainage at St James Church, Wall Street, Cudal be supported and that a funding offer of $1,500 be made to Mr Graham Eslick, subject to complying with the recommendations of the heritage advisor.
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Director of Environmental Services' REPORT
St John’s Church – 6 Hamilton Street, Cargo
Council has received an application to improve drainage and stabilise foundations at St John’s Church, 6 Hamilton Street, Cargo.
The heritage advisor has reviewed the application and is in support of the project on the condition that, the drainage works ensure that the existing traditional downpipes are retained and that any pvc pipes are not visible. It is recommended that the application be supported and that a funding offer of $2,000 be made to Mr David Bracey.
St James’s Church – Wall Street, Cudal
Council has received an application to improve drainage at St James’s Church, Wall Street, Cudal.
The heritage advisor has reviewed the application and is in support of the project on the condition that, the drainage works ensure that the existing traditional downpipes are retained and that any pvc pipes are not visible. It is recommended that the application be supported and that a funding offer of $1,500 be made to Mr Graham Eslick.
ITEM 6 - REQUEST TO RELEASE LANDSCAPING BOND - DA 2011/103 - 11 PRESTON STREET, CANOWINDRA
REPORT IN BRIEF
|
Reason For Report |
Applicant seeking council approval to release bond |
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Policy Implications |
Nil |
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Budget Implications |
Nil |
|
IPR Linkage |
4.5.3a - Provide efficient and effective development assessment |
|
Annexures |
Nil |
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File Number |
\Development Applications\DEVELOPMENT APPLICATION\2011\03-2011-0103 - 514720 |
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THAT the request to release the landscaping bond applicable to DA 2011/103 be declined.
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Director of Environmental Services' REPORT
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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. |
REQUEST TO RELEASE LANDSCAPING BOND
Email correspondence has been received from James Allardice of Habitat for Humanity (NSW) Ltd seeking council support for the early release of a $5,000 bond required to be lodged with council as a condition of development consent.
In April 2011 development consent was issued for a 3 villa development upon land described as Lot 5 Section 15 DP 758221, 11 Preston Street, South Canowindra. Condition 8 of the development consent required the payment of the $5,000 bond to ensure completion of proposed landscaping of the development. Council may recall that the development proposal generated a number of submissions from neighbours and visual amenity was a concern. Conditions of consent were imposed to address the concerns and to require landscaping to be completed in accordance with the development application, with a bond to be lodged to ensure completion of the works.
Condition 8 of the consent enables the refund of the bond upon completion of the work or after a period of two years from the date of issue of the consent. The consent was issued on 20 April 2011.
Mr Allardice has advised that the project is near completion however they are experiencing financial constraints. Half the landscaping has been completed and the group seeks council support for refund of the bond to enable them to complete the project.
As the bond was required to ensure that the landscaping work was completed to a satisfactory level, its early release leaves council with no assurance that the project will be completed to an acceptable level.
The matter is referred to the committee for consideration.