Agenda of Environmental Services and Sustainability Committee Meeting

ITEM 1 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATION OF INTEREST - 2014 - 568101

Recommendation

THAT the Declarations of Interest be noted.

General Manager's REPORT

A call for Declarations of Interest.

ITEM 2 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 568100

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 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.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 568102

Recommendation

THAT any Political Donations be noted.

General Manager's REPORT

A call for Declarations of any Political Donations.

ITEM 4 - DEVELOPMENT APPLICATION 2014/182 - DWELLING - LOT 64 DP 756889, OPHIR ROAD, OPHIR

REPORT IN BRIEF

Reason For Report	Seeking variation of Development Control Plan No. 5 General Rural Provisions, and approval of application for construction of a dwelling
Policy Implications	Variation to DCP 5 sought for reduced setback from boundary.
Budget Implications	Nil
IPR Linkage	4.5.3.a - Provide efficient and effective development assessment
Annexures	1. Draft Conditions DA 2014/182
File Number	\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0182 - 564881

Recommendation

THAT Council:

1) Vary the boundary / building setback provision of Development Control Plan No 5 - General Rural Zones, to permit a reduced set back from the northern boundary of 10m for the proposed dwelling upon Lot 64 DP 756880 as identified in DA 2014/182, and

2) Grant consent to Development Application 2014/182 for a dwelling and storage shed upon Lot 64 DP 756880, 2464 Ophir Road, Ophir, 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 proposed dwelling and storage shed to be located upon Lot 64 DP 756889, 2464 Ophir Road, Ophir.

The application has been referred to the Environmental Services and Sustainability Committee for determination as the proposal seeks a variation to planning standards being the setback from the boundary.

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

Applicant: Matthew Bingham c/- Geolyse

Owner: Matthew Bingham

Proposal: Dwelling

Location: Lot 64 DP 756889, 2464 Ophir Road, Ophir

Zone: RU1 – Primary Production

The Application

The proposal is for the establishment of a three bedroom, brick clad, single storey dwelling house on land described as Lot 64 DP 756889, 2464 Ophir Road, Ophir. The proposed storage shed will be constructed of colorbond cladding using subdued tones to achieve adequate integration with the natural landscape. The buildings are to be located in the North West corner of the property.

9617680

Locality Plan

The Site

The proposed development site is located on the western side of Ophir Road, Ophir immediately north of the Ophir Reserve. The subject land has an area of approximately 8.094 hectares and is of a regular configuration with a curved frontage to Ophir Road. The terrain is gently undulating and generally cleared of native timber with scattered trees. Summer Hill Creek is the closest watercourse some 500 metres away. The site contains sheds, dams, paddock fencing and a disused cottage.

Ophir Reserve is located to the south and east of the subject land. A parcel of crown land adjoins the development site to the north with grazing land occupying land to the west and north/northeast of the site.

Background

Development Consent was granted on 5 June 2012 to MA Hughes and KL Brennan (DA 2012/60) for a one bedroom cottage to be located upon the subject land replacing a disused dwelling. The development has not proceeded and has been superseded by the current application.

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,

(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) promote 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) avoid or minimise 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 bio banking 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:

Land zoning map	Land zoned RU1 Primary Production
Lot size map	Minimum lot size 100 Ha (Existing holding)
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	Biodiversity sensitivity on part of the subject land
Flood planning map	Not within a flood zone
Natural resource – karst map	Not within a karst area
Drinking water catchment map	Not within a drinking water catchment area
Riparian land and watercourse map, groundwater vulnerability map	No groundwater vulnerability
Land reservation acquisition map	Nil

These matters are addressed in the report following.

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012. A dwelling is permissible within this zone, subject to Council’s development consent.

Objectives of the RU1 Primary Production zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU1 zone. The development relates to and is consistent with the zone objectives which seek to;

· Encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

· Encourage diversity in primary industry enterprises and systems appropriate for the area.

· Minimise the fragmentation and alienation of resource lands.

· Minimise conflict between land uses within this zone and land uses within adjoining zones.

· Enable function centres, restaurants or cafes and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses.

Part 4 – Principal development Standards

Clause 4.2A Rural dwellings on land zoned RU1 Primary Production

Lot 64 has a total area of 8.094 ha and is considered to be an ‘existing holding’ as defined by the LEP. Under Cabonne LEP 2012 a dwelling is permissible under cl 4.2A (3)(e).

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The subject land is identified for biodiversity in the Cabonne LEP 2012 mapping. The objectives of this clause are as follows:-

(a) Protecting native flora and fauna, and

(b) Protecting the ecological processes necessary for their continued existence, and

9059854

The southern boundary and the northern section of the western boundary contain remnant vegetation. A section of the western boundary has identified and been mapped as containing Endangered Ecological Community (EEC) being Yellow Box woodland.

The development will not impact upon the EEC area or have significant impact upon the scattered remnant vegetation. The development does not require any land clearing.

Clause 6.8 Essential services

Council is satisfied the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:-

(a) Supply of water

(b) Supply of electricity

(d) Stormwater drainage or on-site conservation

(e) Suitable vehicle access.

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 core sources of koala habitat.

State Environmental Planning Policy (Rural Lands) 2008 applies to this application.

cl 7: The proposal is not considered to be unsympathetic with the principles listed in Part 2 of the SEPP.

cl10:

(a) The existing and approved uses of land in the vicinity of the development are primarily agricultural/grazing. Whilst most of the surrounding land is zoned 1(a) General Rural the proposed dwelling will not alter the current relationship with the surrounding landuse;

(b) development is unlikely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development namely agricultural;

(c) the existing uses and likely uses of the land following the construction of the proposed dwelling will remain compatible and essentially the same.

(d) N/A

(e) No measures are proposed by the applicant to avoid or minimise any incompatibility referred to in point (c) or (d).

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 proposed development generally complies with the conditions under Section 3 - Building Requirements.

The development does not comply with the general requirement for a 100m set back from boundaries to reduce landuse conflict and to preserve the right to farm. The applicant seeks a 10m setback from the northern boundary of the allotment, arguing that adjacent land is Crown land and that no broadacre or intensive farm activity occurs upon the subject land or adjoining land. This issue is discussed below.

Development Control Plan 5 – General Rural Zones applies to this land.

Section 3.3.2 Access and Roading – Assessment has been undertaken by Council’s Development Engineer. The existing access requires upgrading to Council specifications. Draft conditions of consent have been included to address access requirements.

Section 3.3.3 Setbacks – The DCP requires boundary setbacks of a minimum of 20 metres. A minimum of 100 metres is required for boundary setbacks for broad acre or cropping areas. The proposal indicates that setbacks for the proposed dwelling and storage shed are 30m from the western boundary, 10m from the northern boundary and in excess of 100m from the southern and eastern boundaries.

The proponent seeks the variation for the northern boundary based on:

(a) The site maximizes southerly views

(b) Location minimizes the extent of cut and fill required

While a 100m setback is preferred and a 20m setback accepted in exceptional circumstances it is noted that the subject land is constrained by proximity to crown roads and topographic relief. Land to the immediate north is woodland vegetation held in the ownership of the Crown land.

Subject to adequate APZ controls it is considered that the request to vary the setback provision in this instance is satisfactory and does not have adverse impact upon adjoining properties and their management.

Section 3.3.4 Septic Tank – The DCP clause requires the installation of an acceptable on-site sewerage and wastewater system. A draft condition of consent addresses on-site sewerage and wastewater.

Section 3.3.5 Water Supply – The DCP requires a minimum of 90,000 litres for domestic water supply for dwellings with 3 bedrooms or more. A draft condition of consent addresses water supply issues.

Section 3.3.7 Visual Amenity - The subject site is zoned Primary Production. The proposed dwelling has been sited to the rear of the property on a ridgeline. The development may be visible from Ophir Road.

The proposed dwelling has been designed so as to integrate with the rural landscape. The plans and Statement of Environmental Effects indicate that the proposed dwelling will be constructed of non-reflective materials with a subdued colour scheme.

Section 3.3.8 Bush Fire Protection - The subject property is located with in a designated bush fire prone area and an assessment of the Bushfire Attack Level (BAL) has been determined. Conditions of consent have been drafted to address the requirements.

The proposal is considered consistent with Development Control Plan No. 5 – General Rural Zones.

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

Surrounding land use is primary production. The proposed dwelling is consistent with the scale and character of any existing developments in the area.

Visual amenity

The proposed dwelling is single storey and is complementary to the rural setting of the property. External construction materials are brick cladding. The proposed storage shed and the roof of the dwelling are to be colorbond. The proposed dwelling will not obstruct any significant views by neighboring residences.

Access and traffic

The proposal does not include the provision of any additional access points. A condition of consent has been drafted requiring upgrade of the existing access to satisfy council’s specifications. Refer to DCP No. 5 Section 3.3.2 in this report.

Any increase in vehicle movements along Ophir Road would be minimal and there will be no adverse impact to access & traffic as a result of the development proceeding.

Heritage Items

Whilst the subject site has not been identified as a heritage item as listed in Schedule 5 of the Cabonne Local Environmental Plan 2012, a miner’s hut has been identified on the site and is noted as recorded as an item of local significance in the 2003 Cabonne Heritage Study. The miner’s hut was used as a dwelling until 2009 when vandalism to the building, and the increasing ill health of the land owner, led to the dwelling being unattended.

The proposal does not include for any works to the historic building, nor will the proposed dwelling be in close proximity to the miner’s hut. Any impact is considered to be minimal.

The development site adjoins land, and is also adjacent to the Ophir Reserve. The Ophir Reserve and the Ophir Memorial are identified as items of local heritage significance and included in Schedule 5 of the Cabonne LEP 2012. Nearby is another heritage listed site being the Ophir Cemetery. The proposal will not impact on the heritage significance of the heritage items.

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

Road contributions may not apply to the proposed development based upon the previous occupation (since lapsed) of an existing dwelling upon the site. However, Council’s development contributions plan states that no contribution is payable where a dwelling replaces an existing dwelling in occupation. The abandoned dwelling located upon the property was occupied until recent years. As part of DA 2012/60 the proponents successfully demonstrated the occupation of the dwelling for a period up until 2009. The ill health of the land owner meant that occupation of the property between 2005 and 2009 was sporadic. Vandalism of the property in 2010 rendered the dwelling uninhabitable. In the same year the then owner passed away. The property has since gone through several ownership transfers.

The road contribution was not applied to the 2012 development consent. While the literal reading of the council’s 2007 Development Contributions Plan enables council to apply a contribution (Calculated at $39,497.50 but capped by State Government direction at $20,000) it is suggested that the council acknowledge the previous assessment for replacement of the structure and that the contribution not be applied in this instance.

The standard development contribution to bush fire services does apply to the development. A condition of consent requires a contribution of $1,134.60 towards the Clifton Grove – Ophir Brigade.

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

The proposed development is not defined as advertised development, nor was the proposal neighbourhood notified.

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 development is permissible with the consent of Council. 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 - REQUEST TO RESCHEDULE RACE MEETINGS - CANOBOLAS MOTORCYCLE CLUB AT NEWHAVEN PARK, MULYAN ROAD, CLERGATE

REPORT IN BRIEF

Reason For Report	Seeking Council approval to vary meeting dates for 2014
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\1979-1989\03-1985-0082 - 569491

Recommendation

THAT Council permit the Canobolas Motorcycle Club to hold two race meetings at Newhaven Park, Mulyan Road, Clergate during October, being club events to be held on 19 and 26 October 2014, subject to the club providing adequate written notice to all neighbouring properties of the proposed two events.

Director of Environmental Services' REPORT

In 1985 council granted development consent to enable establishment of a motorcycle racing circuit at ‘Newhaven Park’, Mulyan Road, Clergate being land described as Lot 3 DP 866377 (DA 1985/82). The land is currently leased to Motorcycle Club by landowner Mr Peter Culverson.

The terms of the development approval restrict operation of the site to once a month for eight months of the year. No events are to be held over the summer period where environmental risk was identified as at its highest (ie dust and risk of fire).

The club seeks Council support to host two events in October 2014 at the Clergate venue due to race cancellations in May and June due to weather conditions. The club’s regular event is scheduled for 19 October and a request is made to permit a second event on 26 October to fulfil all championship rounds scheduled for the season. While two events are planned over consecutive weekends in October it is noted that the total events for the year will be reduced to 7 rather than the permitted 8.

The club proposes to letter drop the Mulyan Road landowners to advise them of the increased October events, should Council support the request to vary the event schedule.

Council on past occasions agreed to similar requests from the club. It is suggested that the club be permitted to vary its events schedule as outlined above, subject to the club providing adequate notification to neighbouring property owners.

Council received correspondence on 27 July 2014 from a Mulyan Road resident notifying Council of their opposition to any increase beyond the 8 events per year permitted for the motorcycle club. The request from the club is not for additional events within the calendar year, but to enable them to reschedule one of two ‘wash out’ events. The total events to be hosted at Newhaven Park during the 2014 season will be 7; one less than the maximum 8 events permissible by the development approval.

ITEM 6 - MODIFICATION OF DA 2008/187/2 - GLENIDLE, 841 CARGO ROAD, NASHDALE - LOT 21 DP 567429, REFRESHMENT ROOM (RESTAURANT AND FUNCTION CENTRE), TOURIST FACILITY (BED AND BREAKFAST ACCOMMODATION), DEMOLITION OF WORKER'S COTTAGE, CONSTRUCTION OF NEW COTTAGE, FARM OFFICE

REPORT IN BRIEF

Reason For Report	To seek Council approval to modify the development consent
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a - Provide efficient and effective development assessment
Annexures	1. Modified Conditions 2008/187/2
File Number	\Development Applications\DEVELOPMENT APPLICATION\2008\03-2008-0187 - 569939

Recommendation

THAT modification of Development Application 2008/187/3 for a refreshment room (restaurant and function centre), tourist facility (bed and breakfast accommodation), demolition of worker’s cottage, construction of new cottage, farm office upon land known as 841 Cargo Road, Nashdale being Lot 21 DP 567429, be granted consent subject to the conditions attached.

Director of Environmental Services' REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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 application submitted for Lot 21 DP 567429, known as “Glenidle”, 841 Cargo Road, Nashdale.

The application has been referred to Environmental Services and Sustainability Committee for determination as the committee was previously the determining authority of the DA and subsequent modifications.

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

Applicant: Tom Capell

Owner: Glenidle Holdings Pty Ltd (Michael James and Roger Davies)

Proposal: Modification of DA 2008/187/3

Location: Lot 21 DP 567429, 841 Cargo Road, Nashdale

Zone: RU2 Rural Landscape – Cabonne LEP 2012

7(c) Environmental Protection Water Catchments – Cabonne LEP 1991

THE PROPOSAL

It is proposed to modify the approved development plans to facilitate the following:

· Alter the internal location of the approved onsite car parking arrangements

· Re-locate two shelter structures

· Increase the floor area of the proposed cottage

It is proposed to reconfigure the parking layout to relocate 12 spaces from the rear of a packing shed and storage shed to a clear area south of the buildings, while consolidating parking on the eastern side of the development behind the restaurant / function centre and remove any potential for pedestrian / vehicle conflict by relocating the parking previously proposed for the western side of the internal driveway.

A change by the proponent in its nominated builder / cottage provider has required a variation to the single storey cottage resulting in a second, small increase to the original floor area of the proposed cottage from 6m x 10 m to 8m x 12m.

Several timber shelter buildings are proposed within the landscape in near proximity to a landscaped dam. It is proposed to relocate both structures to the south of the dam away from the internal roadway. It would appear that one of the structures has recently been constructed near the western boundary of the property. A construction certificate was not obtained for the structure, and its placement is inconsistent with the requirement’s of the Building Code of Australia (BCA). The structure will need to be relocated off the boundary to comply with BCA requirements.

Site Map

3251138

The subject land is located approximately 8 km west of Orange on the Cargo Road. The property contains 5ha of orchard, associated ancillary farm buildings and two residences.

Background

The initial application was approved by council in November 2009 and has been subject to several minor modification applications in 2009 and 2010.

The proposed development includes the following component:

· Establishment of a small restaurant seating a maximum of 20 people serving food prepared off-site. The restaurant is to be located in a section of the existing ‘Glenidle’ residence and will require minor building upgrading. Retail sale of ‘Glenidle’ produce including ales, beer and cider will occur from the restaurant. Gourmet food, prepared off site, will be served at the restaurant. Wine tasting will also be available at the restaurant. Restaurant parking is provided by way of 10 parking spaces with an additional 4 spaces provided in association with the reception/conference use of the building.

· Establishment of a function centre catering for a maximum of 40 people. The function centre is to be located on the first floor of the ‘Glenidle’ dwelling and will be additional to the restaurant use of the building. The grounds of ‘Glenidle’ are also to be used for functions such as wedding receptions. The western section of the building is to be made available for small functions including conferences. A variety of educational pursuits are proposed to be catered for and include courses on gardening, orchard techniques, cooking and astronomy. The down stairs room of the residence would be used as a restaurant and would facilitate a venue for beer tasting and sales in association with the off farm brewery operation.

· Part of the Glenidle residence is to be retained as a dwelling and to be used as a bed and breakfast establishment. It is proposed to use the original single storey section of the ‘Glenidle’ dwelling for short term, self catering farm stay accommodation. The house includes 4 double bedrooms and can cater for a maximum of 8 guests. It is proposed to rent the residence as a whole, implying use by family groups. Minor alterations to the building will be required to enable separate bathroom facilities being provided to the bed and breakfast establishment and to the restaurant/function centre. The two existing bathrooms are capable of adaptation for the proposed landuses.

· Provision of on-site parking with 18 spaces provided for farm and restaurant staff, and 18 spaces for visitor parking. An existing garage is to be retained for use in association with the ‘Glenidle’ residence.

· A second cottage located upon the holding, and known as ‘Flower cottage’ is to be replaced with a kit home of similar size to the existing cottage and is to be used as a manager’s cottage. A car space is to be provided to service the cottage. A modification application increased the width of the “Flower Cottage” from 4.9m to 6.0m and rearranged the internal rooms.

· A timber hexagonal structure located upon the property is to be used as a farm office and has one car space provided adjacent to the structure. Two similar structures are proposed for ornamental structures in association with an ornamental dam located to the west of the dwelling.

· Access to the subject land is from Cargo Road. The existing driveway is to be retained to accommodate the additional business uses.

· Total employment will be 13 persons made up of full time, part time, casual and seasonal employees. Six positions will be seasonal orchard jobs. Autumn and winter will be the off season with reduced farm employee numbers.

· Hours of operation for the orchard will be 6 am to 6pm. The restaurant will operate from 10am to 10 pm seven days per week including public holidays. The reception centre will operate between the hours of 11am to midnight 7 days per week.

MATTERS FOR CONSIDERATION

In accordance with s96(1A) 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 7(c) Environmental Protection – Water Catchments by the Cabonne Local Environmental Plan 1991 (the LEP in force at the time of the initial determination of the development application). The development is permissible within this zone, subject to Council’s development consent.

Objectives of the 7(c) zone

The proposal is not contrary to the aims of the LEP or the objectives of the 7(c) zone. The development relates to and is consistent with the zone objective which seeks to “promote the proper management and utilization of resources by protecting, enhancing and conserving agricultural land in a manner which sustains its efficiency and effective agricultural production potential".

Clause 10

The modified plan to relocate the car park area, vary the floor area of the cottage and amend the location of shelter structures 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 development utilized existing facilities located upon the holding.

Clause 21 – Development along arterial roads

The Cabonne LEP requires consideration of the following matters where a development fronts an arterial road:

· Access to the land should preferably be by a road other than the arterial road

· Safety and efficiency of the road is not to be adversely affected

The proposed modification does not alter Cargo Road access provisions for the development.

Clause 24 – Access

The modification to car park layout, cottage floor plan and location of structures does not impact access requirements specified in the original development consent.

Regional Environmental Plans

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

State Environmental Planning Policies

State Environmental Planning Policy 44 – Koala Habitat applies to the subject land. The land is cleared of native vegetation as identified as koala habitat.

Rural Lands SEPP

The development is not inconsistent with the provisions of the Rural Lands SEPP.

Provisions of any draft Environmental Planning Instrument that has been placed on exhibition s79C(1)(a)(ii)

There are no draft plans affecting the subject land.

Provisions of any Development Control Plan s79C(1)(a)(iii)

Development Control Plan No 5 – General Rural Zones applies to this development. The proposal modification to the car park area, cottage floor plan and location of shelter structures is not inconsistent with the plan.

Provisions prescribed by the Regulations s79C(1)(a)(iv)

The proposed development will not contravene the relevant provisions described by the Regulations.

The likely impacts of the development s79C(1)(b)

Access and traffic

The modification does not require any variations to the previously approved access provisions for the development. The relocation of the parking area provides for more efficient site accessibility and provision of adequate maneuvering areas. The revised car park plan does not reduce the number of parking spaces to be provided (26 spaces)

Visual amenity

The modification will not have an impact upon the visual amenity of the site.

Siting /location

The supplier of the cottage has altered, and as a result a revised floor plan is proposed. The cottage floor area is be increased from 6m x 10m to 8m x 12m.

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 contributions apply to the development.

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

Neighborhood notification was undertaken and no submissions were received for the proposed modification.

However prior to the lodgment of the modification application council received a complaint regarding the location of a timber structure recently constructed close to the western boundary of the property. Site inspections carried out by council officers indicate the structure is not sited in accordance with the development consent, and that the building cannot be considered as exempt development. A condition of consent requires relocation of the structure to comply with the approval and the requirements of the Building Code of Australia.

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 application is permissible with the consent of council. The modified development complies with the relevant aims, objectives and provisions of the LEP. A section 79C assessment of the modified development indicates that it is acceptable in this instance. Attached is a modified Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

ITEM 7 - DA 2014/0172 DWELLING ON LOT 469 DP 1120766, CARGO ROAD, CARGO

REPORT IN BRIEF

Reason For Report	The application has been referred to the Committee for determination as the application seeks to vary a development standard under Cabonne Local Environmental Plan 2012 to which Council has the assumed concurrence from NSW Department of Planning Director General.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a - Provide efficient and effective development assessment
Annexures	1. Draft Conditions of Consent
File Number	\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0172 - 567130

Recommendation

THAT Council:

1. Support the variation to the 100 hectare development standard using Council’s assumed concurrence from NSW Department of Planning and Infrastructure Director-General; and

2. Approve Development Application DA 2014/0172 for a Dwelling on land described as Lot 469 DP 1120766, Cargo Road, Cargo subject to attached conditions of consent.

Senior Town Planner's REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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 Dwelling on Lot 469 DP 1120766, Cargo Road, Cargo. The application seeks consent under Clause 4.6 Exceptions to Development Standards under the provisions of the Cabonne LEP 2012 as the application does not meet the development standards of minimum lot size for a dwelling of 100 hectares on rural land.

The application has been referred to the Environmental Services and Sustainability Council for determination as the application seeks to vary a development standard under the Cabonne Local Environmental Plan 2012. The Department of Planning has given Council the ability to determine applications to vary a development standard under assumed concurrence from the Director-General only if:-

(a) Only one allotment does not comply with the minimum area, and

(b) That allotment has an area equal to or greater than 90% of the minimum area specified in the standard (ie 100 hectares)

The subject land has an area of 94.65 hectares and the percentage to be varied will not be greater than 10%. Therefore Council can assume concurrence from the Director-General to determine the application.

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

Applicant: Anthony Wilson c/o:- Peter Basha Planning & Development

Owner: Anthony Wilson

Proposal: Dwelling

Location: Lot 469 DP 1120766, Cargo Road, Cargo

Zone: RU1 Primary Production

THE PROPOSAL

It is proposed to construct a dwelling on the subject land and the applicant seeks consent for this application under Clause 4.6 of the Cabonne Local Environmental Plan 2012 by varying the 100 hectare development standard.

The proposed development is for a single storey dwelling comprising 4 bedrooms; open plan kitchen/family room; formal lounge/dining; study; bathroom; laundry and attached double garage.

Proposed construction materials include face brick walls, colorbond roof sheeting and powder coated aluminum window and doors. Colour scheme will consist of subdued non-reflective tones to assist with visual integration for the site and surrounding locality.

Access to the site is via a Crown Road off Cargo Road. A new access point and internal road will be constructed.

No reticulated sewer or water is available within the locality and as such on-site provision of water and sewer will be required. The site is capable of connections to power and telecommunications are available within the vicinity of the site.

Site

The subject land is located on the north eastern fringe of the village of Cargo off Cargo Road and has an area of approximately 94.65 hectares. The land parcel is slightly irregular in shape, being narrow at its southern end and wider through the northern section. An isolated part of the site lies on Warree Creek to the west.

The subject land comprises undulating grazing country that falls gradually to the west and north-west. The main vegetation cover is pasture and a scattering of native trees. The site is vacant land currently used for agricultural purposes (grazing) with improvements on the site including paddock fencing, stock dams and farm tracks. The surrounding locality consists of small rural properties and the Village of Cargo to the west; concessional lots to the south and south-east; with larger rural properties to the east and north.

The area is not connected to reticulated sewer or water and these services will be provided by onsite means. Telecommunications and power are available in the vicinity of the site. Access to the site is via a crown road off Cargo Road.

1189255

Background

The subject land (Lot 469) was created by DA 2005/337 and subsequently registered on 16 January 2008. Lot 469 has a registered building envelope as shown below.

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,

(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,

(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:

Land zoning map	Land zoned RU1 Primary Production
Lot size map	Minimum lot size (MLS) 100 hectares required for a dwelling. The application seeks to vary a development standard being minimum lot size for a dwelling on rural land under Clause 4.6. The site has an area of 94.65 hectares.
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	No biodiversity sensitivity on the subject land
Flood planning map	Not within a flood zone
Natural resource – karst map	Not within a karst area
Drinking water catchment map	Not within a drinking water catchment area
Riparian land and watercourse map, groundwater vulnerability map	Is affected by riparian, watercourse or groundwater vulnerability
Land reservation acquisition map

These matters are addressed in the report following.

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012. A Dwelling is permissible within this zone, subject to Council’s development consent.

Objectives of the RU1 Primary Production zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU1 zone. The development relates to and is consistent with the zone objectives which seek to;

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

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

· minimise the fragmentation and alienation of resource lands.

· minimise conflict between land uses within this zone and land uses within adjoining zones.

· enable function centres, restaurants or cafes and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses.

Part 4 – Principal development Standards

Clause 4.2A Dual occupancies and rural dwellings on land on RU1 and RU2 zones

The subject land has an area of 94.65 hectares and does not meet the requirements of a dwelling on rural land under the provisions of this clause.

The subject land is not the whole of an existing holding; does not meet the minimum lot size of 100 hectares; is not a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dual occupancy or dwelling house was permissible immediately before that commencement; and is not a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dual occupancy or dwelling house would have been permissible if the plan of subdivision had been registered before that commencement. As such, the application is required to be assessed under Clause 4.6 Exceptions to development standards.

It should be noted that at subdivision stage (2005), the applicant identified as part of the application the potential that a dwelling was proposed for the lot. It was acknowledged at the time that a further application would be required and an application to vary the 100 hectare standard would be required under the SEPP 1 provisions. This was further indicated by the registered plan showing a building envelope for a future dwelling. SEPP 1 provisions no longer prevail under the standard instrument; however a similar process has been adopted under Clause 4.6 Exceptions to development standards.

Clause 4.6 Exceptions to development standards

1) The objectives of this clause is:

(a) To provide an appropriate degree of flexibility in applying certain development standards to particular development,

The objective of this clause allows for flexibility to approve a development where compliance with that development standard is not achievable. This proposal relies on the application of this clause of the LEP in order to seek consent for a dwelling on land less than 100 hectares.

(b) To achieve better outcomes for and from development by allowing flexibility in particular circumstances.

The proposal allows for the continued use of the land for agricultural purposes on a long term basis. There is no opportunity for the land to be further subdivided so it ensures continued use of the land for agriculture with no other opportunity for any additional dwelling.

2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

A variation of the 100 hectare MLS to permit a dwelling is a development standard that may be considered within the operations of this clause (ie Clause 4.6).

3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

Current site area of the land is 94.65 hectares. To enlarge the site to meet the MLS for a dwelling will not necessarily improve the agricultural sustainability or productive management of the site for agricultural purposes. The site is currently utilized for agriculture and will continue to be used for those purposes. It is considered that the application and land area in its current form is consistent with the objectives of the RU1 zone and as such the minor increase to meet the 100ha MLS will not change the satisfaction of those zone objectives.

Zone objectives are as follows:-

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

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

· To minimize the fragmentation and alienation of resource lands;

· To minimize conflict between land uses within this zone and land uses within adjoining zones; and

· To enable function centres, restaurants or cafes and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses.

The proposal is not contrary to the zone objectives. In particular, the proposal does not increase fragmentation or isolate rural land. The land is close in proximity to the edge of the town village and is surrounded by small rural residential properties. The dwelling is not constrained by any topographical, physical or environmental features and allows the site to be continued to be used for agricultural production.

(b) That there are sufficient environmental planning grounds to justify contravening the development standard

The following matters indicate that the proposed development meets all other requirements for consent for the dwelling with the exception of the 100 hectare requirement:-

· The proposed location for the dwelling does not encroach upon the use of the land for continued agricultural use and represents less than 1% of the total site area;

· Approval of the dwelling and living on-site allows for continued orderly and economic management of the land and its agricultural use and production;

· The approval of a dwelling does not present on-going issue of settlement patterns. The surrounding area consists of concessional lots, small rural holdings and the fringe of village of Cargo. Land use conflict in this area is considered to be minimal;

· The site has legal and practical access;

· The dwelling can be adequately serviced without burden onto the community for providing those services (EG: power);

· The proposal can provide on-site means of water and additional requirements for fire fighting purposes, and on-site septic;

· The proposed dwelling will not have an adverse impact upon vegetation, or known watercourses;

· On-site effluent will be provided in accordance with the Australian standard AS1547:2000 On-site Domestic Wastewater Management;

· The proposed location will not have an adverse visual impact on the site or the surrounding locality;

· Natural hazards will not impact upon the site or the proposed dwelling;

· The proposed dwelling will not generate adverse traffic impacts.

4) Development consent must not be granted for development that contravenes a development standard unless:

(a) The consent authority is satisfied that:-

(i) The applicants written request has adequately addressed the matters required to be demonstrated by subclause (3), and

The applicant has sought to vary the development standard in the required manner and has addressed the requirements under Clause 4.6 as required by the LEP and Director-General.

(ii) The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

The proposed development is considered to be consistent with the zone objectives for RU1 Primary Production land.

(b) The concurrence of the Director-general has been obtained.

Council has been given delegation by the NSW Department of Planning Director-General to assess and determine certain applications that do not meet the prescribed development standards in the standard instrument. Council can assess and determine variations up to 10% of a development standard.

5) In deciding whether to grant concurrence, the Director-General must consider:

(a) Whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

There are no matters of state or regional significance that applies to the application. The application is for a dwelling on an existing land parcel. The site area is within 6% of the 100 hectare development standard and as such, the application can be dealt with under Clause 4.6 of the LEP that enable a variation of up to 10%.

(b) The public benefit of maintaining the development standard, and

There are no matters of the proposal that would impact upon the public.

(c) Any other matters required to be taken into consideration by the Director-General before granting concurrence

Council has been granted delegation by the Director-General to determine applications based on the requirements of Clause 4.6.

6) Sublause 6 is not applicable as the proposal does not relate to the subdivision of land.

7) Subclause 7 requires Council to report any variations to a development standard to the Department of Planning on a quarterly basis. Council will undertake the reporting should the application be approved.

8) This clause does not allow development consent to be granted for development that would contravene any of the following:

(a) A development standard for complying development;

(b) A development standard that arises, under the regulations of the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated;

(c) Clause 5.4 of the LEP (Controls relating to miscellaneous permissible uses)

As such, the proposal does not contravene any matters in (a), (b) and (c).

Part 6 – Additional local provisions

Clause 6.3 Terrestrial Biodiversity

Whilst the subject land is identified as “Biodiversity” on the Terrestrial Biodiversity Map, the proposed development is not likely to have any adverse impact on the flora and fauna of the land. The area identified as “Biodiversity” is a small portion on the northern point of the site that contains Blakely's Red Gum - Yellow Box open-woodland of the tablelands. Mapping indicates that less than 30% of the vegetation remains. No additional measures are required to minimize or mitigate the impacts of the proposed development as the location of the vegetation is approximately 1500m from the proposed location of the dwelling.

578278

Clause 6.6 Riparian land and watercourses

Warree Creek forms the northern boundary of the site and is defined as a watercourse in the Riparian Land and Watercourse Map. The potential impacts on Warree Creek are considered to be minimal due to no works within 40m from the watercourse will be undertaken. The proposed dwelling will be located approximately 1500m from the watercourse.

1770780

Clause 6.8 Essential services

On-site provision of water and sewer is capable of being provided. The site is capable of connections to power and telecommunications are available within the vicinity of the site. Access to the site is via a formed gravel crown road off Cargo Road. A new access point will be required to be constructed to meet Council’s current specifications. As such, adequate arrangements for essential services can be met for the proposed development.

REGIONAL ENVIRONMENTAL PLANS

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

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No.44 (Koala Habitat) applies to the subject land.

State Environmental Planning Policy (Rural Lands) 2008 applies to the application.

cl10 Matters to be considered in determining development applications for rural subdivisions or rural dwellings:

(a) the existing use of the land is for grazing purposes; the surrounding land uses is for agricultural uses (mainly for grazing purposes) and associated dwellings;

(b) The proposed use for the site will be for continued agricultural practises and a single dwelling. The proposed development for a dwelling will not adversely affect the continued use of the land for agricultural purposes;

(d) N/A;

(e) N/A

The proposal is consistent with the provisions of Clause 10 of the SEPP.

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.

Section 3 of the DCP identifies requirements related to dwellings in rural zones and are as follows:-

Access and Roading

The development proposes access via a crown road off Cargo Road. A new access point and internal access road will be required to be constructed to Councils current specifications. Conditions apply.

The Development Engineer has assessed the proposal with no road contributions applying as access is via a crown road.

Setbacks

The development proposes to have a front setback of 40m for the dwelling. Surrounding use of the land is for grazing purposes and not broad acre cropping that requires a setback of 100m. Setback is considered to be satisfactory.

Septic Tank

The site is not connected to reticulated sewer and as such there is a requirement for the provision of an on-site effluent management study and an application to install the service (s68) in accordance with the study. Condition applies.

Water Supply

Requirements for the provision of on-site water and for fire fighting is conditioned for 90 000 litres and 10 000 litres for reserve fire storage.

Power

The applicant is required to provide a power source to the dwelling.

Visual Amenity

The proposed location of the dwelling is not located on a prominent ridgeline or the like. The building form proposed is appropriate in the context of bulk, scale and height for a rural locality. The proposed finishes are for the use of non-reflective materials that will allow for visual integration of the surrounding site and locality.

Bush fire protection

The subject land is not identified as being subject to bushfire. A requirement for water storage for fire fighting purposes is conditioned as is the requirement for the payment of Bushfire Contributions for the upgrade of the nearest bush fire brigade.

The proposed development is consistent with the provisions of the DCP.

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

The proposal does not contravene the relevant provisions of the regulations. A BASIX assessment has been undertaken for the proposal.

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

Siting /location

Visual amenity

The building form proposed is appropriate in the context of bulk, scale and height for a rural locality. The proposed finishes are for the use of non-reflective materials that will allow for visual integration of the surrounding site and locality.

Access and traffic

Access to the site is via a formed gravel Crown Road off Cargo Road. A new access point and internal road will be required to be constructed as a part of the development. Any upgrades of the Crown Road will require further consent from the Crown.

The local road network is capable of minor increases in traffic generation associated with the development.

Agricultural Impact

The addition of a dwelling will not adversely impact the use of the remainder of the site for continued agricultural purposes; in fact it may assist. There is no change in the current use of the land to its further proposed use. The land to be utilized for the proposed dwelling is contained within the south-western corner of the site within the identified building envelope which allows the remainder of the site to be used uninterrupted for agriculture.

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

Section 94 Road Contributions are not applicable for the proposed development as access to the property is via a crown road reserve which then gains access directly of Cargo Road. A search of council’s records shows that Section 94 Bushfire Contributions have not previously been paid and as such a condition of consent has been included requiring the payment prior to occupation of the dwelling.

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

The proposed development is not advertised development and not required to be neighbor notified.

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 development for a Dwelling is permissible with the consent of Council. The proposal seeks consent under Clause 4.6 Exceptions to development standards which allows for minor variations to development standards within a 10% variance. Council has been given delegation by NSW Department of Planning and Infrastructure Director-General to assess and determine certain applications using the determinants of Clause 4.6. 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 8 - MODIFICATION APPLICATION DA 2014/0158 FOR DWELLING ON LOT 2 DP 748114, 144 COLEMAN'S ROAD, CUMNOCK

REPORT IN BRIEF

Reason For Report	The modification application seeks to vary Conditions 16 and 17 of the consent that relates to the requirement for Section 94 road and bushfire contribution payments. S94 Contributions have been adopted by Council and consistently applied and as such any variation should be a matter for determination by the Committee.
Policy Implications	Variation to Road Contributions Plan (Section 94) for General Rural Zones and Bushfire Services Contribution Plan.
Budget Implications	Nil
IPR Linkage	4.5.3.a - Provide efficient and effective development assessment
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0158 - 567918

Recommendation

THAT Modification Development Application 2014/0158/1 for a Dwelling on land described as Lot 2 DP 748114, 144 Coleman’s Road, Cumnock, be refused and Conditions 16 & 17 of the consent remain in place.

Senior Town Planner's REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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 a Dwelling of land described as Lot 2 DP 748114, 144 Coleman’s Road, Cumnock. The modification application seeks to delete the requirement for contribution payments for both road and bushfire services from Conditions 16 & 17 of the consent.

The application has been referred to the Environmental Services and Sustainability Committee for determination as the request to modify the requirement to pay Section 94 Contributions for both road and bushfire services are a policy of Council. The contribution plans have been consistently applied across the Shire since the plans’ inception.

It is recommended that the application be refused and Conditions 16 & 17 of the consent remain.

Applicant: Legin Pty Ltd

Owner: Legin Pty Ltd

Proposal: Modification to delete Conditions 16 & 17 of consent for Dwelling

Location: Lot 2 DP 748114, 144 Coleman’s Road, Cumnock

Zone: RU1 Primary Production

THE PROPOSAL

The modification application seeks to delete Condition 16 – Road Improvement Contribution and Condition 17 - Contribution to Bushfire Services (Rural Dwellings) from the consent. The following is an extract from the applicant and his reasoning for not paying the contribution:-

Site Map

461823

9406875

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) 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 has been granted.