57 Hawdon Street Planning Report and SoEE 26.03

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Planning Report and Statement of Environmental Effects

For Cheddar House 57 Hawdon Street Moruya

to

Eurobodalla Shire Council

on behalf of

Sue Melotte

Prepared By:

Paul Dolphin Designs

Tel 0429204924

Email [email protected]

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Documentation verification and citation

This planning report and Statement of Environmental Effects (SoEE) has been prepared Sue Melotte for

the purposes of a full environmental assessment of proposed multi residential dwellings, new carports,

restored garage and an artisan food and drink industry, located at 57 Hawdon Street Moruya.

The report has been prepared by Paul Dolphin Designs for the purpose of assessment by Eurobodalla

Shire Council of the impacts of the proposed development.

Document title Statement of Environmental Effects

Revision Date Prepared Authorised Date

Draft 05.09.19 PD PD 05.09.19

Draft 05.03.2020 PD PD 05.03.2020

Final 26.03.2020 PD PD 26.03.2020

Commercial in confidence

All intellectual property rights, including copyright, of the document authored by Paul Dolphin Designs remain

the property of the Principal and Paul Dolphin Designs. The information contained within this document is

confidential. It may only be used by the entity to whom it is provided for the stated purpose for which it is

provided. The document must not be imparted to other persons or entities without the prior written approval of

Paul Dolphin Designs.

Disclaimer

The scope of this report was defined by discussions and information provided by the Principal and

correspondence with representatives of legislative authorities. Paul Dolphin Designs accepts no liability or

responsibility for, or in respect of, any use of or reliance upon this report and its supporting material in whole or

in part by any third party. Information in this report is intended for the purpose for which the information and

data has been collated and should not be used or applied for a use other than that stated.

Planning Report and Statement of Environmental Effects Cheddar House, 57 Hawdon Street -PDD -2020

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1.0 Introduction 3

1.1 Purpose of the planning and SoEE report 3

1.2 Applicant/ proponent 4

1.3 Consent Authority 4

1.4 Integrated development/concurrence 4

1.5 Agency referrals 4

1.6 Pre-lodgement consultation 4

2.0 Scope of the proposal 5

2.1 Proposal overview 5

2.2 Built form 6

2.3 Access, vehicle movements and parking 7

2.4 Heritage listing and Statement of significance 8

2.5 Project Justification 9

3.0 Site and Location Context 11

3.1 Locality context 11

3.2 Surrounding development 11

3.3 Existing site conditions and land-form 11

3.4 Road network and access 11

3.5 Infrastructure and services 11

3.6 Existing local context 11

4.0 Statutory Planning- legislative compliance 12

4.1 State planning 12

4.2 Local Planning 13

4.3 Local planning policy 17

4.4 Relevant State and Local Strategies 22

5.0 Environmental Effects 27

5.1 Balancing residential amenity

with the need to conserve the heritage asset 27

5.2 Hours of Operation 27


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5.3 Deliveries in and out 28

5.4 Operational amenity 28

5.4.1 Smells 28

5.4.2 noise, dust and vibration 29

5.5 Visual amenity 30

5.6 Sustainability 30

5.7 Access parking and traffic 30

5.8 Infrastructure and service connection 30

5.9 Economic effects 30

5.10 Waste management 31

5.11 Cumulative impacts 32

6.0 Conclusion 33


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1.0 Introduction

This Planning Report and Statement of Environmental Effects (SoEE) has been prepared in support of a

development application by Suzanne Melotte for multi residential dwellings, new carports, restored

garage and an artisan food and drink industry, located at 57 Hawdon Street Moruya. The proposed works

will consolidate the existing dwellings from four to three. The artisan food and drink industry will

recommence cheese production at the site, as well as including a micro brewery and there will be a modest

eatery.

The building currently has existing use rights as defined in Section 107 of the Environmental Planning and

Assessment Act for the purposes of a defined ‘warehouse’ for the specific purposes of ‘furniture and cool

room storage’. There is also approval for one residence and a single Bed and Breakfast. The development

lot currently holds a licence from NSW Department of Industry Liquor & Gaming NSW for a Liquor-

Packaged Liquor Licence (online). This licence was granted with full knowledge of Eurobodalla Shire

Council and is a precedent of a variation to the LEP zoning of R2, as it is neither Home Industry or Home

Business, as the product being sold is not manufactured on site.

The intention of the DA is to retain the residential use of the buildings and optimise the existing commercial

portion of the building by returning cheese production to the site as well as other artisan food and drink

offerings. As part of this there will be a modest food outlet. By returning a small level of commerce to the

building the intention is to generate additional income that will facilitate the future conservation of the

heritage asset and enable a sharing and a better understanding of the heritage of the building.

This site is heritage listed on the Eurobodalla LEP. Following a feasibility study undertaken in 2019 the

form of development proposed in the DA is considered the optimum choice for ensuring economic viability

and therefore the long-term conservation of the heritage asset.

The existing heritage building is in parts in disrepair, including a large area of asbestos sheet roofing that

is allowing water penetration. Damp and mould growth as well as rainwater ingress are both present and

will see the condition of the heritage fabric further deteriorate if not ameliorated. The applicant seeks to

renovate and refurbish the building, conserving heritage, whilst adapting use. The adaptive use will

provide revenue to pay for the heritage repairs and will ensure the long -term viability of a listed heritage

asset.

This planning report and SoEE provides a full assessment against relevant matters of consideration under

Section 79C of the Environmental Planning and Assessment Act 1979. Section 4 of this report addresses

the matters of compliance with planning instruments and local policy. Section 5 of the report provides

statements against economic, social and environmental considerations and mitigation measures where the

proposal will have recognisable impact.

1.1 Purpose of the planning and SoEE report

This report together with the accompanying development documentation sets out the nature, context and

urban environment contribution of the proposal. This report, through referral and review of current

legislation, policy and best practice guidelines, will ensure that the character of the proposal is consistent

with state and local planning legislation and statutory codes.


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The proposal design and this environmental assessment, will assess and quantify any development

induced impacts or any environmental, societal or economic effects of the proposal in its setting. It is

therefore in that context; this report has the following aims:

- assessment of the proposal against relevant statutory controls;

- assess the merits of the proposal within setting; and

- consider whether the proposal is acceptable within a broader planning and societal context.

The proposal to expand the existing commercial consent has been assessed in consideration of the heritage,

the need for economic viability and the residential amenity of the area. Consideration has also been

afforded to the strategic directions of numerous local and state strategic documents.

1.2 Applicant/ proponent

Development application to Eurobodalla Shire Council will be made by Paul Dolphin Designs on behalf of

Suzanne Melotte, being the site owner.

1.3 Consent Authority

The consent authority for this development is Eurobodalla Shire Council as set out under cls1.6 of the

Eurobodalla Local Environmental Plan 2012.

1.4 Integrated development/concurrence

Neither the nature of the proposal, location nor activity, trigger the requirement for related Agency

permit/license.

1.5 Agency referrals

Permits will be required for the artisan food and drink industry.

1.6 Pre-lodgement consultation

A pre-lodgement meeting was held with council on the 25th of November 2019, following the submission

of draft documents submitted to council 13th October 2019. Present were the following:

Applicant: Paul Dolphin

Staff: David Meagher (Development Assessment Coordinator)

Mark Brain (Development Pre-Assessment Coordinator)

Stephen Halicki (Heritage Planner)

Pip Giovanelli (Heritage Consultant)

Glen Hanchard (Duty Development Officer)

The topics discussed were listed in minutes produced by Glen Hanchard dated 19 December 2019:

Land use, legislation and planning policy

Development Controls

Building Heritage

Amenity

Building Code of Australia Requirements

Disability Access

Car parking and access

Asbestos

Contributions

All these items are fully addressed in the submitted documents for the Development Application.


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2.0 Scope of the proposal

2.1 Proposal overview

The applicant seeks land-use consent to consolidate the existing dwellings from four to three, add two free-

standing carports and repair the existing garage. The artisan food and drink industry will recommence

cheese production at the site, as well as introducing a micro brewery and there will be a modest eatery.

The building currently has existing use rights as defined in Section 107 of the Environmental Planning and

Assessment Act for the purposes of a defined ‘warehouse’ for the specific purposes of ‘furniture and cool

room storage’. There is also approval for one residence and a single Bed and Breakfast. The development

lot currently holds a licence from NSW Department of Industry Liquor & Gaming NSW for a Liquor-

Packaged Liquor Licence (online).

The existing residential areas of the buildings have little heritage value, and yet are a good source of

revenue for the owner. These residences are intended to ensure that a source of revenue continues to allow

for maintenance of the heritage asset.

The intention for the commercial/industrial portion of the building is to add to the existing cool room usage

by returning food production to the site. This is in the form of an artisan food and drink industry and

would involve very minimal disturbance of the remaining heritage fabric. The new additions would sit

mostly inside the existing rooms in a ‘rooms within rooms’ style. The proposal is detailed in the DA plan

Set submitted. It is intended that the area that was originally the loading bay, which is currently part of the

main residence, is opened up to allow for a food and drink outlet. This will serve to open the building up

to the street frontage, allowing a better understanding of its industrial past. It will remove additions which

are not of heritage value and will enhance the heritage that remains. The installation of a mezzanine

viewing platform, new cool room, staff room, cheese production and micro brewery will all have minimal

impact on the remaining heritage fabric. These items will sit within the heritage spaces, giving them new

life and also a comparative context of old and new. The public mezzanine will sit within the factory hall

and will allow for the public to enjoy and experience this exceptional heritage space. The size of the spaces

is a great opportunity, as adaptive reuse can be achieved with little change to the remaining heritage fabric.

The proposed works will include;

Two new carports

Renovation of existing garage

Demolition of an unsympathetic addition to the heritage building

A new deck and DDA access

New WC facilities

New cheese production facilities

New micro brewery facilities

New low scale kitchen

New internal public space

Renovation and maintenance of heritage asset as identified by a condition survey

All proposed works and intended uses will carefully enhance and conserve the heritage asset at 57 Hawdon

Street without diminishing or affecting the residential amenity of the area.


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Figure 2.1A Proposed image of the development from Hawdon Street

Figure 2.1B Current image of 57 Hawdon Street

2.2 Built form

Occupying a corner of Hawdon Street and Jersey Road the main building is quite central to the lot. The lot

slopes away from Hawdon Street such that when viewed from Hawdon Street the building appears almost

single story. The larger rooms that were the main part of the factory are obscured from the road by the


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original loading area. This loading area and the original offices have been converted into a residence, which

gives an impression from the street of a California Bungalow.

The neighbouring blocks of land are residential in nature, both contemporary and older examples. Across

the street, at number 38 Hawdon Street, is another example of the industrial/agricultural past of the area.

It is a large building, that dominates the streetscape, that was once a factory and is still in use as a

commercial site for storage.

The proposed works located at 57 Hawdon Street Moruya, consist of mainly internal renovations and

modifications as well as two additional carports and a renovation of a garage. Also, removal of the

unsympathetic infill of the original milk loading bay will occur. The main entry for the general public will

be via the Eastern Street frontage.

2.3 Access, vehicle movements and parking

The site has two entrances both fronting Hawdon Street on the eastern boundary of the property. There is

currently formal provision of parking for 8 parking spaces which more than meets the requirements for

three dwellings. The proposal will provide 13 parking spaces for both residences, staff and visitor parking.

The public parking will be located as close to the street as possible. There is sufficient manoeuvring space

for deliveries for the artesian food and drink industry.


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Figure 2.3 Parking and access layout

2.4 Heritage listing and Statement of significance

The heritage asset at 57 Hawdon Street is listed at a local level and the CMP undertaken by PDD in 2019

contains the following statement of significance;

Historically, although this building is the second factory by this name, it served the region's Moruya Co-operative for

half a century and represented the latest in cheese production technology at the time of its construction. It is a link

with the establishment of the Moruya Co-operative Dairy and for these reasons has regional historic significance. The

building contained cheese making machinery modern enough to serve the need of the area and the site retains the old

boiler from the original factory. For these reasons the buildings have the potential to reveal information which could

contribute to a greater understanding of the relative sophistication of Moruya's early 20th century cheese making and

collection procedures and as such have regional scientific significance.

Even though the main fixtures and apparatus of cheese making have long been removed, and a portion of

the building has been converted to residential use, there is still a large area of the building that retains its

original essence as a 20th century cheese factory. A lot can be read from the remaining fabric in terms of


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how the building operated to produce cheese and also how the building grew in response to the changing

technologies and changing economic climate. The changing form of the building over the 20th century

reflects the changes that occurred in the dairy industry in NSW. It reflects the changing technologies set

again changing economic circumstances. The building is also socially significant in a local context as there

are surviving records and histories that relate to many of the early family’s of Moruya. There are also social

links to the rest of the dairy industry in the region.

2.5 Project Justification

The proposal intends to balance heritage conservation, economic feasibility and residential amenity. An

economic feasibility study looked at four options for the site which are as follows:

1 Remain as is- undertake maintenance as required when required.

2 Consolidate the existing dwellings from four to three, and introduce an artisan food and drink

industry.

3 Convert the existing remaining factory area in to units and flat.

4 Demolish the existing structures and develop a contemporary residential subdivision.

The conservation management plan identified that the heritage asset at 57 Hawdon Street has remaining

heritage fabric of high integrity and high significance. Considering this important fact, option 2 is the best

option to conserve the heritage asset. The zoning of the site is R2 residential and there are residences in

proximity to the site. The site has an existing use right for a commercial operation and has a licence for a

online liquor licence business that does not meet the criteria for home business or home industry and was

fully sanctioned by Eurobodalla Shire Council. Artisan food and drink industry is a form of light industry

which is not permitted in R2 zoning unless clause 5.10.10 is applied. The only way for the owner to fund

the repairs and ongoing maintenance this heritage asset requires is for there to be an economic income

generated from the site. The intention of opening up the loading platform for a small café and reintroducing

production at the site is the most effective way of achieving a sustainable balance that is suitable for all

outcomes of heritage conservation, economic income, sustainability and residential amenity.

The designation of residential zoning for the area ensures that the project must mitigate and balance the

need of residential amenities, whilst at the same time conserving the heritage asset. With this in mind 85%

of the site will retain a residential usage. Only an internal floor area of 491sqm area is intended to be utilised

for the Artisan food and drink industry- this floor area is currently approved for commercial use. This area

is that with the highest integrity and significance in terms of heritage and will be opened to the public and

therefore this development will afford greater interpretation and experience of the heritage asset.

There are precedents of commercial operations in the R2 zoning in proximity to 57 Hawdon Street

including number 38 Hawdon Street opposite.

Furthermore, the site has existing rights for commercial use and the development lot currently holds a

licence from NSW Department of Industry Liquor & Gaming NSW for a Liquor- Packaged Liquor Licence

(online). This licence was granted with full knowledge of Eurobodalla Shire using the application and

consideration of the heritage clause 5.10.10, and is a precedent of a variation to the LEP zoning of R2 as it

is neither Home Industry or Home Business as the product being sold is not manufactured on site. This

business has been running for 20 months without any impact of residential amenity and no complaints of

any nature.

The hours of operation for this are;

Wednesday to Friday 10 am to 4pm

Saturday 2-7pm

The operation involves a warehouse storage, delivery in and out, occasional club meetings and a home

office. So it can be seen that there is a precedent for this activities which has been successfully running for

20 months without detriment to the local amenity. The applicant wishes to increase the business operation

to ensure long term viability of the heritage asset.


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The existing use rights of a commercial storage and cool room date back to 1970 when the factory closed.

The author of this report can find no records of complaint about the ongoing use of the site as a commercial

site and so it can be inferred that this commercial operation has sat in harmony with the residential amenity

of the area for 50 years.

The residences have been present on site since at least 1978.

The proposed development’s economic contribution and employment potential is consistent with the

direction as set-out in many State and local strategic plans. The proposal will meet the criteria for

optimising existing infrastructure, as set-out numerous State and local strategic documents. The relevant

documents are listed below and more fully addressed in section 4.4:

State Strategic documents

NSW Food and Wine Tourism Strategy and Action Plan 2018-2022

NSW Food and Beverage Manufacturing Industry Development Strategy

NSW Tourism Strategy 2018-2022

Local Strategic Documents

Eurobodalla Destination Action Plan 2018 to 2021

Eurobodalla Economic Development Strategy 2019-2028,

Eurobodalla Heritage Strategy 2017-2021

Eurobodalla Community Strategic Plan 2017

Moruya Structure Plan

Eurobodalla Settlement Strategy

The development will be compatible with service capacity and connection and will not impact residential

development nearby. The nature and scale of operation will enhance the heritage asset. The opening up of

the loading bay area introduces a modern and architecturally pleasing building ‘face’ which will enhance

the streetscape whilst also allowing for a better interpretation of the heritage asset. The provision of a local

food store and eatery will increase sustainability as there is currently no local provision for this within

walking distances of many of the residences. Although the proposal requires an application of clause

5.10.10 in order to create economic viability to conserve the heritage asset, the amenity of the residential

zone with not be adversely affected.


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3.0 Site and Location Context

3.1 Locality context

The proposed Development will occur in Hawdon Street in Moruya.

Figure 3.1A Site location map

The proposal will have effect over lot 11 DP1149894.

3.2 Surrounding development

The surrounding development is mainly residential, however there is a commercial operation at no 38.

3.3 Existing site conditions and land-form

For full analysis of the existing streetscape see CMP.

3.4 Road network and access

The primary development land has an existing frontage to Hawdon Street. Hawdon Street is a wide road,

11m kerb to kerb and 20m including the verge.

3.5 Infrastructure and services

The proposed refurbishment of the existing premises will not alter nor require an expanded supply for the

provision of utility services. The proposed works will retain all existing internal property services.

3.6 Existing local context

The existing building at 57 Hawdon Street sits in a mainly residential zone. The neighbouring houses are a

mix of old and new dwellings, as well as commercial operations on the opposite side of the street. The local

planning instrument has responded to this by allowing for heritage to be prioritised over zoning constraints

where a heritage asset requires specific treatment due to it anomalous positioning in a changed urban

landscape. A full view analysis can be seen in the CMP.

Existing

Commercial

Operations in a

residential zone,

including the

Gundary Store

and a day care

centre.


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4.0 Statutory Planning- legislative compliance

4.1 State planning

For the purpose of the development proposed, the Environmental Planning and Assessment Act 1979 (EP&A

Act) is the primary State statutory legislation.

4.1.1 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (EP&A Act)

This application is made under Part 4 “Development Assessment” of the EP&A Act. Part 4 of the Act

requires that the proposal address those matters described under S79C(1). This report details those matters

and further expands on a detailed response in the following report sections, however table 4.1.1

summarises the main provisions under Section 79C(1)(a).

Table 4.1.1 EP&A Act, [79C(1)(a)] matters for consideration (summary)

SECTION

79C(1) MATTERS FOR CONSIDERATION SUMMARY RESPONSE

(a)(i) Any environmental planning instrument All matters prescribed under relevant statutory

planning instruments are addressed within this section

of the SoEE, further discussion is also included in

section 5;

(a)(ii) Any draft environmental planning

instrument that is or has been placed on

exhibition pursuant to Section 47(b) or

66(1)(b) of the Act.

There are no draft environmental planning instruments

current nor pertaining to the nature of the proposal;

(a)(iii) Any DCP in force under Section 72 Refer to section 4.3 (Residential Zones DCP);

(a)(iiia) Any planning agreement or draft planning

agreement under Section 93.

There are no planning agreements offered nor entered

into specific to the proposal.

(a)(iv) Any matters prescribed in the Regulations; Refer to section 4.1.2, thru .4.1.3 for review against

objectives of relevant State Planning Policies;

(a)(v) Any matters prescribed within the Coastal

Protection Act 1979 that apply to the land or

proposed development;

The land does not fall within the defined area of the

Coastal Zone.

(b) The likely impacts of the proposed

development, including environmental

impacts on both the natural and built

environments and the social and economic

impacts in the locality;

The proposed development is not considered likely to

have a significant environmental impact on the locality,

nor is the proposal likely to have detrimental social

and economic impact within the locality.

The subject land is zoned R2. Due to the location and

compatibility with surrounding development and local

land-use, the proposal is considered to be consistent

with local development strategies and expectations

within its setting.

(c) The suitability of the site for the proposed

development;

The site is suitable for the development. The proposal,

as demonstrated through its design and layout, is

compliant with the provisions of local legislation and


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with the requirements of the applicable development

controls as addressed further in this SoEE.

The proposal is consistent with the nature and form of

surrounding development and the required services

and infrastructure are available. For these reasons and

as further discussed within this report, the land is

considered suitable for the proposed use.

(d) Any submissions made in accordance with

this Act or the regulations;

Referral agency (if required) and public

exhibition/notification will occur following formal

submission of the application;

(e) The public interest; See the Statement of Environmental effects which

demonstrates this project is in the public interest in

terms of economic, social and environmental

considerations as well as amenity preservation and

heritage enjoyment and conservation.

4.1.2 ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATIONS 2000

The development application is made in accordance with the provisions of Clause 50 of the EP&A

Regulations and includes the documentation required under Part 1 of Schedule 1. This Statement of

Environmental Effects has been prepared in accordance with clause 2 of Part 1, Schedule 1 of the

Regulations.

4.1.3 NSW COASTAL POLICY

The land does not fall within the defined area of the Coastal Zone.

4.2 Local Planning

The location of the land and the effect of local legislation places the proposed development under the

provisions of the Eurobodalla Local Environmental Plan 2012 (ELEP 2012).

4.2.1 LAND-USE PERMISSIBILITY

The proposed development area on the land falls within the R2 – Low Density Residential Mixed

Use zone under the ELEP 2012

Zone R2 Low Density

Residential

Objectives of zone Summary Response

To provide for the housing needs of the

community within a low-density

residential environment.

Four dwellings existing on the site. It is proposed two will be consolidated

into one and full approval sought for these dwellings

To e Enable other land uses that provide

facilities or services to meet the day to

day needs of residents.

An artisan food and drink outlet will provide small goods to the

neighbouring residences. Provide public access to an interesting, rare and

significant heritage asset.


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To encourage residential development

that is consistent with the character of

the neighbourhood.

Three of the residential dwellings on the site already exist and are in a style

that is in keeping with the history, context and character of the

neighbourhood.

The permitted land uses in zone R2 allow for

Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs;

Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services

facilities; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms;

Home-based child care; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops;

Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres;

Roads; Secondary dwellings; Seniors housing; Sewerage systems; Shop top housing; Tank-based aquaculture; Water

supply systems

The Multi dwelling housing is permitted under this zoning and the artisan food and drink industry is

permitted when other clauses in the LEP are applied. The relevant clauses in the LEP are 4.6 and 5.10.10.

When these clauses are applied the proposed uses are compatible with the aims of the LEP.

5.10 Heritage conservation

(1) Objectives

The objectives of this clause are as follows:

(a) to conserve the environmental heritage of Eurobodalla,

(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated

fabric, settings and views,

(c) to conserve archaeological sites,

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

(10) Conservation incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of

the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance,

even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority

is satisfied that:

(a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of

consent, and

(b) the proposed development is in accordance with a heritage management document that has been approved by the

consent authority, and

(c) the consent to the proposed development would require that all necessary conservation work identified in the

heritage management document is carried out, and

(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its

setting, or the heritage significance of the Aboriginal place of heritage significance, and

(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

4.6 Exceptions to development standards

(1) The objectives of this clause are as follows:

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

development,

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


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(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.

The development lot currently holds a licence from the Department of Industry Liquor & Gaming NSW

for a Liquor- Packaged Liquor Licence (online). This was granted with full knowledge of Eurobodalla Shire

and is a precedent of a variation to the LEP zoning of R2 as it is neither Home Industry or Home Business

as the product being sold is not manufactured on site. The site also has existing commercial use rights

dating back 50 years.

4.2.2 ELEP 2012 – PROVISIONS (GENERAL AIMS)

The ELEP 2012 includes a number of general aims underpinning the particular provisions of the Plan.

These aims are summarised and a response provided in table 4.2.2:


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Figure 4.2.1 Local Eurobodalla LEP 2012, land zoning (source: ESC GIS mapping).

Table 4.2.2 ELEP 2012 – General aims

ELEP 2012 PLAN AIMS PROPOSAL INTEGRATION

1.2 (a) to preserve the urban growth boundaries of

Eurobodalla as identified in the Eurobodalla

Settlement Strategy;

The proposal is consistent with, and reinforces the

defined growth directions for the strategy and zone

objectives within the Plan.

(b) to ensure development embraces the principles

of ecologically sustainable development and

quality urban design, and encourages

walking, cycling and public transport use;

The proposal is located within the main regional

center which has access for public transport. Hawdon

Street is a main bus route from Batemans Bay. The

location also permits alternate access modes. It will

increase the provision of good accessible by walking

and cycling for the immediate area.

(c) to provide employment opportunities and

strengthen the local economic base by

encouraging a range of enterprises, including

tourism, which respond to lifestyle choices,

emerging markets and changes in technology,

The proposed renovation will create employment

opportunities for the building industry in the

construction phase of the project.

There will be long term jobs created through the

creation of the artesian food and drink industry.

There will be apprenticeships and training offered in

certificates not currently provided in the Eurobodalla

region. This will be in partnership with TAFE.

The proposal will offer short and long-term economic

benefit for the local community and businesses.

(d) to identify and protect the established

residential neighbourhoods and ensure a

sufficient supply of suitable land to meet the

future residential needs of Eurobodalla;

The proposal will not displace or compromise the

established or future residential land supply. N/A.

(e) to restrict development of land that is subject

to flooding, coastline hazard, bush fires and

land slip;

None of these constraints apply to this block.

(f) to ensure that resource lands, including

agriculture, mineral resources and extractive

materials are not rendered sterile from

incompatible land use;

Resources have not been identified nor have any been

recorded in the immediate past history association

with the land.

(g) to provide measures to protect and manage the

biodiversity and environmental values of the

land and waterways;

All waste produced on site will be recycled and reused

where practicably possible. Furthermore the waste

products will become byproducts and will create a

fourth business with additional sustainability and

employment opportunities being created.


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(h) to ensure that development takes into account

the environmental constraints of the land and

minimizes any off site and on site impacts on

biodiversity, water resources and natural

landforms,

The design is a response to the limitations of the

natural and modified setting.

This process ensures that the proposed development

meets the goals and objectives of sustainable and

minimal impact development.

(i) to identify and protect the cultural and

architectural heritage of Eurobodalla,

including Aboriginal relics and places, and

assist in its promotion as a tourism asset.

The proposal is refurbishing and re-fitting an existing

building. The heritage context of the site has been

addressed in the appropriate ways.

4.3 Local planning policy

Residential Zones DCP

4.3.1 The DCP covering this site is the Residential Zones DCP. The DCP contains several relevant

development controls that require consideration in respect of the proposal. However, many other aspects

of the proposal will rely heavily on project assessment in ascertaining the objective merit of the several

elements of the proposal. The DCP is a performance based plan and the guidelines are set-out as

‘performance criteria’ with corresponding ‘acceptable solutions’. The following table summarises the specific

guidelines applicable to the proposed development.

Zone R2 Low Density Residential

Objectives of DCP Summary Response

conserve the character and

environmental quality of the local area

enjoyed by residents of, and visitors to,

the Eurobodalla

Four dwellings existing on the site. It is proposed two will be consolidated

into one and the commercial usage modified to provide a valuable service to

residents and visitors to Eurobodalla. The scale of the proposal is modest

and will enhance the character and quality of the area.

To ensure any development takes into

account environmental constraints

All environmental constraints are considered, mitigated or avoided in this

proposal.

provide opportunity for innovative,

well-designed, quality development in

the Eurobodalla Shire

The adaptive reuse of the heritage asset will set old alongside new in a well-

designed context. It will have a similar juxta positioning of existing fabric

and new additions to that of a building such as the Glassworks in Canberra.

ensure that the design of development

will improve the quality of the built

environment and is of a scale that

complements the local character

The design will improve the quality of the built environment as it will make

the existing building fabric more sustainable, and will open up the street

façade of the existing building to connect better with the streetscape.

- to protect the visual amenity by

encouraging the retention of trees and

preserving prominent ridgelines and

other scenic areas in their natural state

N/A


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Table 4.3.1 Residential DCP, performance criteria summary

PERFORMANCE CRITERIA ACCEPTABLE SOLUTION COMPLY

2.2Setbacks

To minimise adverse impacts on the streetscape and surrounding properties and to minimise the visual impact of development on reserves and cliff-tops.

The buildings must meet the specified minimum setbacks.

Yes

2.3 Garages Carports and Sheds

To ensure that garages, sheds and carports are of a suitable scale and style for the locality. P1 Carports and garages: - are not a prominent feature of the development when viewed from the street; - are compatible with the design of the main building in terms of roof form, detailing, materials and colours; and - do not dominate the streetscape P2 Carports and garages: - are compatible with the design of the main building in terms of building bulk and scale. - do not have an unreasonably adverse impact on the amenity of adjoining residential properties nor dominate the streetscape.

A1 Carports and garages must be no further forward of the front facade of the building than 1.2m and for no more than 50% of that façade.

A2.1 The site coverage of - sheds; -carports; -detached garages; and -other detached non-habitable ancillary buildings. on lots: - ≤1500m2 or where a minimum lot size in that range applies, must not be greater than 60m². ->1500m2 or where a minimum lot size in that range applies, must not be greater than 100m².

Yes

Yes

2.4 Private Open Space

To provide year round adequate open space for the private recreational use of occupants of a dwelling.

P1 Private open space is designed and located to: - enhance residential amenity; - be functional for private recreational activities; - allow for landscape design; - optimise solar access; and - increase visual privacy, to promote the enjoyment of outdoor living by residents.

A1.1 Each dwelling must be provided with a minimum of 24m² of private open space at ground level and/or above ground level which must: - not be steeper than 1 in 50 in grade; - be of a predominantly northern exposure, that takes advantage of outlook and reduces adverse privacy and overshadowing impacts from adjacent buildings; - serve as an extension of the dwelling for relaxation, entertainment and recreation purposes by being accessible to the living areas; and

- be located behind the building line.

Yes

2.5 Landscaping

To ensure sites are landscaped to improve the amenity and sustainability of development.

P3 Sites are landscaped to complement and soften the built form of development, enhance the streetscape, provide amenity to occupants and reduce stormwater run-off.

A1 on land zoned R2, - 35% of the site area used for residential development, including; - 50% of the front setback for development other than neighbourhood shops; and

Yes


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- The minimum landscaped area must be provided in addition to the minimum private open space requirement.

2.6 Parking and Access

To ensure development provides safe and adequate access and on-site parking

arrangements.

P1 Development is designed to provide adequate, safe and well designed access and onsite parking to serve the needs of the occupants and visitors and to reduce adverse impacts on the road network and other development.

P2 All development must provide parking and access sufficient to cater for the maximum demand for the development in accordance with a Traffic Study performed by a qualified professional and approved by Council.

A1 Single dwelling houses must provide two parking spaces, at least one of which is located behind the building line, a driveway of maximum 3m width on the road reserve and satisfy all relevant design requirements of the Eurobodalla Parking and Access Code.

All development must comply with the Eurobodalla Parking and Access Code.

Yes

Yes

2.7 Safer By Design

To promote a safe environment for the community by minimising the risk of crime associated with new development.

P1 Developments are designed to ensure the security of residents and visitors and their property, and to enhance the perception of community safety.

A1.1 For single dwelling houses and dual occupancies within 12m of the street frontage: - The main entrance must be clearly visible from the street; and -Windows must be located to allow casual surveillance of the street from the dwelling. A1.2 All development must comply with the Eurobodalla Safer By Design Code

Yes

Yes

2.9 Signage

Intent:

To promote a high standard of and prevent excessive signage.

A1 All development must comply with the Eurobodalla Signage Code and where relevant State Environmental Planning Policy No 64 - Advertising and Signage.

Yes

4.2 Street Frontage and Facade Treatment

Intent: To provide attractive, interesting street frontages which make a positive contribution to the character of the area.

P1 The facades of buildings relate sympathetically to the existing buildings nearby and are designed to architecturally express the different functions of the building.

P2 Retail and commercial uses are designed to provide active shop fronts to the street.

P3 Building design enhances the streetscape through façade articulation, detailing and window and door proportions.

A1.1 Development must be orientated toward the street with front entrances visible from the street allow casual surveillance of entrance points.

Setback.

A2 Retail and commercial uses at ground level must have their entrance directly from the main street frontage.

A3.1 For residential development, façades must be articulated by doors, windows, balconies, decks or wall offsets such that no more than five horizontal metres of the facade is blank.

Yes

Yes

Yes


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A3.2 The building design must incorporate at least one of the following architectural features:

- eaves and overhangs of roof structures;

verandahs and balconies (above ground level); - a variety of building materials and coordinated colours; - recesses and variation to built walls; or - large windows and doors to the street frontages. A3.3 Buildings must not present blank facades

to streets or public spaces within 50m.

4.3 Style and Visual Amenity

P1.1 The building design is in the existing or desired character of the area and visually compatible with the existing and desired streetscape and environment. P1.2 New development does not compromise the design integrity of the existing development and preserves and enhances the amenity of the surrounding environment.

A1 New development must be designed to be consistent with the existing development and sympathetic with surrounding development in terms of style and orientation of openings, roof pitch, materials, colours and general style.

Yes

5.1 Visual Privacy

To maximise the private enjoyment of residential development

P1 Buildings are designed to minimise direct overlooking of main living areas and private open spaces of existing dwellings by sensitive building layout, location and design of windows and balconies and the use of screening devices and landscaping.

A1.1 Transparent doors and windows of living rooms must be designed and located so they do not directly face transparent doors or windows of living rooms or the private open space areas of other residential accommodation within 9 metres.

A1.2 Planter boxes, louvre screens, pergolas, landscaping and architectural design of balconies must be used to screen the ground floor private open space of dwelling units or dwelling units from upper level residential accommodation. Acceptable privacy measures include trees, awnings, screens, fences and planter boxes to minimise the ability to directly look into neighbouring homes and yards (see Figure 7). The view of the area overlooked must be restricted within 9m and beyond a 45o angle from the plane of the wall containing the opening, measured from a height of 1.7m above floor level (see Figure 8).

Yes

Yes

4.3.2 LOCAL DEVELOPMENT CODES

Eurobodalla Signage Code – The Code provides design guidelines to assist in the preparation of proposals

for the display of signage that is consistent with local legislation and policy objectives.

The Code guidelines are based on the following three objectives:

To promote a high standard of advertising signs and to prevent excessive advertising and visual

clutter;


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To promote advertising that is not in conflict with its surrounds including the building to which it is

attached;

To ensure that advertising does not reduce the safety of operation of any road, pedestrian path or

navigable waterway.

The proposed signs for the new artisan food and drink industry will conform with this code.

Eurobodalla Parking and Access Code – the Code sets-out the design, arrangement and function of vehicle

access, manoeuvring and parking for developments within the Shire. The Code provides specific local

criteria but relies on and supports Australian Standard AS 2890.1 - Off-street Car Parking, Australian Standard

AS 28990.2 Off-street Parking Commercial Vehicle Facilities, and AS2890.6 – Off-street Parking for People with a

Disability.

The Code guidelines are governed by the following objectives:

To design for vehicular access as part of the overall development and road network;

To ensure that all parking, access and land service delivery required as a result of the

development is provided on site;

To design parking and access with regard to the safety of pedestrians and other road users;

To design site access to minimise disruption to the operation of the road network.

Table 1 under cls 3.2 of the Code requires that

Dwelling Houses each have 2 spaces per dwelling

Light Industry 1 space per 100m2 GFA or par thereof. Minimum spaces 2.

The proposal will formalise the existing parking for the residential dwellings. It will also provide 4

additional parking spaces. This will meet the code requirements. The Hawdon Street frontage of number

57 is 73m long. Hawdon Street is a wide road, over 20m from boundary to boundary, and this long street

frontage could be utilised for additional parking as has been the case for the club meetings of Artisan

Vinum since its inception in July 2018.

It is therefore suggested that the proposal is in excess of the Code requirement.

Table 4.3.2 Proposed parking complement

Residential parking Light industry DISABILITY

PARKING

EXISTING 8 0 0

PROPOSED 8 5 1

TOTAL 8 5 1


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Figure 4.3.2B Proposed parking layout.

Liquid Trade Waste Code

The purpose of this Code of Practice is to ensure that discharges of Liquid trade waste to the sewage

system meet best practice environmental and health performance standards and ensure efficient

operation management of sewage systems.

The impact of the proposal is assessed against this code in the Liquid Trade Waste Application form. The

impact will be compliant with the code.

4.4 Relevant State and Local Strategies

The following is a list of State and local Strategies that have significance to the proposed development;



NSW Food and Beverage Manufacturing Industry Development Strategy


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Local Strategic Documents









Below is an extract:

"The lifeblood of this vibrant industry sector is the passion and innovation of our producers, vignerons, chefs and

restaurateurs and the influence of our multicultural population on ingredients, cooking styles and cuisine and

beverage purveyors. From fifth-generation, family-owned wineries to a new generation of winemakers experimenting

with alternative techniques and varietals, the State’s wine industry is a key player in the tourism industry. Alongside

our winemakers, a new breed of beverage makers – the brewers of craft beer and ciders and distillers of gin and other

spirits – is enriching the visitor experience."

This proposal strategically matches with this strategic document and it will enhance visitor experience for

tourists visiting Moruya and the Eurobodalla Shire. The is a great opportunity here to link up with other

regional craft food producers as well as giving tourists a stronger reason to stop in Moruya. The multiplier

effect will be evidently beneficial as Sue Melotte is in talks with Seaplanes businesses and accommodation

operators to provide organised visits to the area.

NSW Food and Beverage Manufacturing Industry Development Strategy 2019

“New South Wales (NSW) is home to an established, innovative and high-quality food and beverage manufacturing

industry that is vital to the diversity and strength of the Australian economy. The industry is the largest agribusiness

sector in the state. It consists of around 3,600 businesses that produce almost one fifth of the Australian sector’s

exports and employs nearly 70,000 people.

To take advantage of market opportunities, stakeholders require information, partners and government support.

Collaboration between industry, government, researchers, and education and training institutions is key to

supporting innovation and unlocking the growth potential of the industry.”

This proposal will increase employment, increase regional food production and will seek to partner with

local education Authorities to provide training and certification in food production. The industry is the

largest agribusiness sector in the state. This proposal is entirely consistent with this strategy and will unlock

the potential for Moruya. The owner is in talks to provide training at this site in collaboration with TAFE

Illawarra. The cert III food processing Cheese Making and Brewing (fastest growing beverage industry in

Australia) is not currently offered in this area.


The following is an extract;


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" Domestic and international overnight visitors contribute significantly to food and wine expenditure in NSW.

Tourism Research Australia estimates that food and wine expenditure accounts for one in five dollars spent by

international overnight visitors and one in twenty dollars spent by domestic overnight visitors."

This proposal strategically matches with this strategic document and it will enhance the economic viability

of tourism in this region. After the recent bushfires, the Eurobodalla area needs more than ever new tourist

opportunities. Food tourism, heritage tourism are big drivers for tourism and at a time of loss and distress

this project intends to inject money, jobs, produce and tourism in to the local economy.


The following are extracts from this document;

The Eurobodalla Destination Action Plan is the Council Management Plan, to be achieved in partnership with

industry, guiding cooperative efforts to manage, strengthen and grow Eurobodalla's visitor economy, increasing

visitor expenditure and overnight visitor stays by 25%. The Councils main themes are:

Establishment of a Destination Management Framework to lead and foster strategic and cooperative approach

to tourism, events and tourism business development.

Support tourism and event operators achieve best practice and sustainable operations.

Encourage and facilitate private and public sector investment for infrastructure and facilities development.

Develop a strategic and coordinated approach to tourism product and experience development and regional

food destination on the South Coast.

Establish strategic and tactical marketing campaigns to reach key visitor markets and promote Eurobodalla

distinct points of difference from coastal competitors.

Promote Eurobodalla unique experience to attract repeat and new visitors and cut-through the cluttered visitor

marketplace.

Effectively package and promote innovative tourism products and experiences to create a 'total destination

experience'.

Visioning projects that are proposed to guide the development of Moruya and Narooma town centres.

Key experiences being promoted by Eurobodalla council include opportunities for visitors to purchase and taste local

produce, attend markets, food tourism events, restaurants, cafes and pop-ups.

This proposal strategically matches with this strategic document, as it will create a regional food destination

and will help to increase overnight visitors. As such it sits with councils’ strategic aims and should be

supported. As mentioned above, the owner has negotiated with seaplanes businesses to fly people down

from Canberra and other locations to create a destination event in Moruya.



Eurobodalla Economic Development Strategy 2019-2028, plans to focus economic growth on strengthening the

qualities that attract people to visit, invest, in high-quality tourism and in particular food and rural tourism with

heritage and cultural experiences.

This proposal strategically matches with this strategic document, in particular reference to high quality

tourism, food, heritage and cultural experiences.


The following are extracts from the document;


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Our Vision Our Shire’s cultural and environmental heritage is identified, recorded, promoted and sympathetically

managed for current and future generations.

Managing local heritage

Outcomes

Increased community awareness and engagement in the importance and relevance of our Shire’s

environmental heritage.

Proactive heritage management.

Promote Council’s flexible and sympathetic approach to conservation works or proposals.

Tourism, educational and promotional programs

Heritage tourism showcases this community’s rich and vibrant heritage and continues to develop a sense of identity

for the Eurobodalla beyond forests and beaches.

This proposal strategically matches with this strategic document in particular reference heritage tourism

and showcasing a heritage beyond beaches and forests. This building is of a style and form that is rare, and

yet very desirable for people to visit and see. There is a strong interest in mid 20th century industrial

architecture and there is not a lot to see on the coast of NSW. This building is of a style and form that is

similar to the Glassworks and Kingston Bus Depot in Canberra. That project has seen a dilapidated

industrial site turned into a well-used heritage space. As is often the case with project of this nature,

regeneration of a single heritage site forms the initial catalyst for the regeneration of an entire area.



This outcome looks at how we attract and grow strategic investment and facilitate employment diversity. It includes

strengthening and diversifying our economy by targeting new industries as well as building on our existing strengths

such as tourism, local food production and our diverse and unique natural assets.

This proposal strategically matches with this strategic document in particular reference to tourism and food

production. This proposal will create new business types that are not currently in Moruya- Cheese

Production, Micro brewery and by product rehabilitation.


The following are extracts from the document.

Local Heritage Conservation Heritage- places are retained and revitalised to tell the story of Moruya’s growth.

Protect buildings, structures and places of heritage significance to the local community, the State of New South Wales

and Australia.

Ensure that the significance of heritage items is respected, retained and enhanced when redevelopment or adaptive

reuse occurs.

Reinforce the identity or sense of place that has evolved over time and the attachment of people to that identity, Retain

the authenticity of the built environment as a place to live and support cultural tourism.

This proposal strategically matches with this strategic document, in particular reference to retaining and

revitalising a heritage asset, enhancing this asset and supporting an authentic built environment and

cultural tourism.


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The following are extracts from the document.

Promote the financial and societal benefits of heritage conservation to landowners, the tourism industry and business

through the media

Implement the recommendations of the Eurobodalla Dairy Industry Scoping Study. Support the retention, restoration

and recognition of key rural landscapes and objects, including those associated with the dairying industry, and

buildings and structures within those landscapes.

This proposal strategically matches with this strategic document in particular reference to the financial and

societal benefits of heritage conservation as well as retaining and restoring a significant listed heritage asset

from the dairy industry.


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5.0 Environmental Effects

This section of the report describes the identified impacts and anticipated effects that may be associated

with the proposal as required under 79C(1)(b) of the EP&A Act. The following discussion describes the

rationale in developing the mitigating measures to address these effects and how they have informed the

design and function of the proposal. The key principle driving the form of the proposal, has been to enable

adaptive reuse of a heritage asset whilst ensuring there is no detrimental impact on the residential amenity.

For example, the proposal has been designed to:

Avoid adverse impacts on adjoining land users and public infrastructure;

Ensure the development in the long-term is sustainable and that there are no adverse social,

environmental or community impacts that have not been addressed or management measures

suggested;

Provide increased economic opportunities in a location suited to the proposal format;

Ensure the heritage asset is best conserved and has a sustainable long term future;

Ensure the interpretation and community experience of the significant heritage fabric is

facilitated.

The proposal and its design has also been influenced by feedback received through consultation

undertaken with planning staff of Eurobodalla Shire and Council Pip Giovani the council Heritage Advisor.

Key aspects arising from this consultation have been incorporated into the proposed layout.

This section of the report will also address those matters for consideration under the provisions of Section

79C(1) of the EP&A Act not previously covered in this report, including any likely impacts generated by

the proposed development such as social, cultural and economic impacts on the locality and also visual

and amenity effects.

5.1 Balancing residential amenity with the need to conserve the heritage asset

This proposal has considered the balance between the residential amenity and the need to conserve the

heritage asset through a new source of economic industry. The preservation of a high standard of

residential amenity is protected through the law of nuisance. This is an area of tort law, private nuisance,

where a land owner can enjoy their land without unreasonable interference. In the instance of 57 Hawdon

Street, the possible interferences that would arise from the development could come from noise and smells.

Both these are addressed in the following sections and it is shown that the residential amenity will not be

affected, as these interferences have been mitigated to a point that the remaining interferences are of a level

that is compatible with the existing residential standards required for uninterrupted residential amenity.

5.2 Hours of Operation

Opening Hours

Current Licence AV Wine 10am to 4pm Wednesday to Friday 2pm to 7pm Saturday

Current Permission Storage 24 Hours- No Restriction 24 Hours- No Restriction

Proposed Residential As existing N/A

Proposed Brewery 8am to 5pm Wednesday to Sunday

Proposed Dairy 7am to 4pm Monday to Friday

Proposed Food Outlet 10.30am to 7pm Thursday to Sunday

It can be seen from the table above that the proposed operating hours for the new business usage

would be a decrease in operational hours when compared with the currently storage business.

It can be seen from the table above that the increase in operating hours from existing to proposed

is only a minor increase when compared with the existing operating hours of the AV wine

business.

https://en.wikipedia.org/wiki/English_tort_law


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5.3 Deliveries in and out

Deliveries In Times of Day Frequency

Current Operation -AV Wine

-Storage

10am to 4pm Wednesday to Friday

24 Hours- No Restriction

Once or twice a week Monday to

Friday.


Proposed Brewery Raw Materials – Working Hours Once a month

Proposed Dairy Milk 7-8am Daily Monday to Friday

Raw Materials – Working Hours Once a week

Proposed Food Outlet Raw Materials – Working Hours Once or twice a week Monday to

Friday.

Deliveries Out Times of Day Frequency

Current Operation -AV Wine

-Storage

10am to 4pm Wednesday to Friday

24 Hours- No Restriction

Once or twice a week Monday to

Saturday

7 Days a week


Proposed Brewery

Beer deliveries 2-4pm Once or twice a week- Monday to

Friday

Production waste (spent grain and

hops) during working hours.

once a week

Proposed Dairy Cheese Deliveries 8am to 4pm Once or twice a week- Monday to

Friday

whey powder during working

hours.

once a week

Proposed Food Outlet None N/A

It is proposed that as much of the unloading of these deliveries will occur within the corridor of the building

with the roller door down to minimise unnecessary noise. Deliveries to the food outlet will be to the front

SE door of the proposed kitchen. The frequency of these deliveries will be minimally greater than the

current status quo as seen from the table above.

5.4 Operational amenity

5.4.1 Smells

The main potential sources of smells will be from the food outlet, the micro brewery and the cheese

production.

The cheese production and the brewery will be fitted with a two-part air exhaust system. Air will be

extracted from the production area into the roof cavity over storage hall 1, filtered prior to dispersion to


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mitigate environmental impact, and then a hooded roof fan will disperse the air. It will be located on the

roof of the storage hall 1, not visible on Hawdon Street side of the factory.

The only smell to be generated from the food outlet will be by the conveyor pizza oven. The oven is located

within the factory and will have an inbuilt exhaust and ventilation system to dissipate the air internally

within the factory.

5.4.2 Noise, dust and vibration

Potential sources of noise are from the following;

Deliveries in and out

Extractor fans, pumps etc

Noise from industrial operations

Noise from residences

Noise associated with the presence of the general public

Deliveries in and out

Noise will be generated by the deliveries of raw materials and the despatch of finished goods, but as can

be seen from the tables above, the number of deliveries will only minimally increase from what is permitted

as present. No complaints have been raised about the current operations and the increase of operations has

sought to mitigate any impact, as it is proposed that as much of the unloading of these deliveries will occur

within the corridor of the building with the roller door down to minimise unnecessary noise. Deliveries to

the food outlet will be to the front SE door of the proposed kitchen. The frequency of these deliveries will

be minimally greater than the current status quo.

Extractor fans, pumps etc

The extractors will be located in the roof void of the building and will therefore be sound insulated. Any

external heat pumps will be located sufficiently away from boundaries so as to have no acoustic impact on

neighbours. In a standard residential setting, it is permissible to put heat pumps less than 1m from the

boundary. The commercial portion of the building is 13.5m to southern boundary 16.5m to Western

Boundary and approximately 38m away from the residences across the street. Any negative impact on

noise pollution has therefore been mitigated and will not affect the amenity of the residential area.

Noise from industrial operations

The structural form and nature of the building means that the proposed usages of the building will not

impact negatively on the acoustic amenity of the residential neighbourhood. The building was constructed

with a solid concrete floor to house all the cheese manufacturing equipment, a high roof (over 4.3m in

central hall), and significant thick concrete walls. The building design was intentional and purposefully

built before the invention of refrigeration to provide insulation for the cheese factory, milk storage, the

cheese manufacturing process and the cheese maturing storage. The external and internal dividing walls

are 30 cm thick, (10cm of concrete, 10 cm of concrete with granite pieces and 10 cm of concrete), this wall

design coupled with the high roof provides a naturally consistent temperate environment and incredible

sound/noise proofing. An acoustic test was carried out. Sound of 120DB was created in the main factory

hall. This is the equivalent of a chainsaw. The roller door was left open. On the neighbouring boundary to

the south recorded noise levels were the same as the level when the noise inside was not being emitted, i.e.

that a noise level as loud as a chainsaw would be masked by the form and massing of the factory. None of

the proposed internal operations will produce a sound anywhere near as high as 120DB and so it can be

stated that there will be no detrimental effect on the residential amenity of the area from industrial

operations.


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Noise from residences

All residential habitation will continue much as they have done for 40+ years, except that there will be one

less residence than currently occupying the site, so there will be a reduction in residential noise and usage.

There is no knowledge of incidents of complaint with regards noise from the four existing residences.

Noise associated with the presence of the general public

Visitors to the site will be visiting the new public space accessed via the Eastern Street frontage. This is 34m

from the nearest neighbour. On street parking will be utilised and planting and screening will further

minimise the acoustic impact on the neighbourhood. No private outside space is in close proximity to the

area that will be open to the general public. The internal dining area will be inside the building- see the

section on Noise from industrial operations. The only source of noise will be the coming and going of

patrons. This will occur many metres from the nearest POS and therefore is considered to be of an

insignificant impact to acoustic residential amenity. It should be noted that the hours of operation will be

only 4 evenings a week and will end much earlier than a residential event would be permitted to do.

5.5 Visual amenity

The building form will remain mostly the same with the exception of two new carports, a refurbished

garage on its original location and the opening up of the loading bay on the main building. One of the

carports will not be visible from the street.

The opening up of the loading bay will afford a stronger ability to interpret the heritage asset when viewed

from the street. It will increase the connection of the building to the street and will give a stronger sense of

place and history.

5.6 Sustainability

Sustainable development is development that meets the needs of the present without compromising the ability of future

generations to meet their own needs." Brundtland Report

This proposal will adequately meet all three aspects of sustainability, these being economic, social and

environmental.

The adaptive reuse of an existing building means that a great mass of stored carbon and embodied energy

is not wasted by demolition and rebuilding. Furthermore the building is designed with passive cooling

measures in place, these will be used to assist in the food production.

Local food production means a reduction in food miles, and onsite recycling of water and waste products

will make the food production more sustainable. The waste products will be converted into by products

creating another business stream and reducing the environmental impact of the business.

Economically this project will create local jobs, local training, as well as a revenue stream for maintenance

of an existing building. There will be a minimum of 9 jobs created.

5.7 Access parking and traffic

It is intended to provide separate customer and staff parking and residential parking. The parking meets

the required standards.

5.8 Infrastructure and service connection

The property currently has serviceability and connection to all available reticulated utilities. There has

been no indication that the proposed use will introduce unacceptable supply consequences.

5.9 Economic effects


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The proposal will have a beneficial impact on the economic characteristics of the locality. The

refurbishment of the existing building and introduction of a new business entity will provide economic

stability for a significant heritage asset. It will also provide a mix of residential provision. Furthermore, it

will create jobs and training opportunities in the local community. The growth of the artisan food and drink

industry means that the site will be interconnected with sites further afield and will increase tourism and

growth in the regional economy.

5.10 Waste management

The Eurobodalla Site Waste Minimisation Code requires that a proposed development project identify and

prepare a management strategy for the collection, storage and disposal of development generated waste

both during initial project construction and the on-going operation of the facility.

For commercial operations it is the responsibility of individual businesses to arrange for waste handling

by independent contractors and the current arrangement operating for the existing business will remain

and expand to include the new proposed uses.

Understanding the peculiarity and product diversity of individual business waste generation and type, it

is recommended that the following minimisation strategies be considered.

Programs for the segmentation and processing of recyclable waste including the installation of

proprietary type material compactors and collection contracts for disposal and infusion back into

the production chain;

Provide a business specific waste stream programs for segregating waste prior to disposal

including glass shredding, plastic compacting and paper mulching;

Seek local opportunities for re-directing food and putrescible waste back into local agriculture or

organic composting through local community organisations.

The initial building elements removal and construction phase may contribute to pre-operational waste.

The existing building elements to be demolished will require quantities of material to be transported off-

site. There are opportunities through local and regional organisations to recycle demolished building

material and these should be sourced and established prior to demolition commencement.

The project will require some materials to be disposed of to the local land-fill waste facility, however this

needs to be minimised through on-site waste material separation and storage. Due to the site location

within the town of Moruya, the transportation of waste material from site should occur inside normal

business trading hours. Similarly, for the reasons of residential location sensitivities, stored demolished

and waste material should be covered and/or dust suppression measures undertaken to ensure

minimisation of site generated environmental nuisance.

The following pre-operation demolition and construction measures are recommended for the project:

Prior to commencement of on-site activities, prepare a Site Waste Management Plan (SWMP);

Identify suitable materials for salvage, re-use or recycling prior to demolition, document and

prepare measures to protect and or minimise removal methods that would compromise re-use;

Prepare areas for storage and separation of recovered material;

Ensure that on-site storage of recovered material does not contribute to environmental nuisance;

Arrange for regular disposal of salvaged and recyclable materials and re-processing where

appropriate;

Incorporate opportunities in new building materials and systems to utilise modular and off-site

pre-manufacture of building components.


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The formulation of a comprehensive SWMP will be largely dependent upon the type and capacity of

construction management arrangement entered into between the principal and construction authority. It

is therefore recommended that the SWMP be conditioned for preparation prior to the commencement of

any on-site project works.

5.11 Cumulative impacts

Being an area that has historically had a mix of commercial and residential uses and continues to do so

today, Hawdon Street is more an eclectic mix of loosely complimentary land uses and inclusions rather

than a predominantly residential centre. In this participatory state, the appreciation of change and site re-

development is generally more accommodated by the community. In line with this broad mix of

participation is the overall local legislative framework that provides a substantial spectrum of accepted

uses that could be considered within the area.

Therefore, the proposed building refurbishment and re-fitting, predominantly focused on resurrecting and

safeguarding a significant heritage asset, should not invoke community concern as to the nature of the

proposal. The proposed building transition has been guided by a heritage design and a CMP that has

provided detailed plans and information integral with the application and referenced in this report. This

Planning report and SoEE seeks to ensure that environmental impacts are minimised and all relevant

environmental and development standards can be achieved.

There may be some short-term inconvenience during the project construction phase, this will be off-set by

the longer-term economic benefits to the community.


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6.0 Conclusion

This assessment of the environmental effects of the proposed development is worthy of Council

consideration and determination for approval.

The proposal complies with the relevant local and state planning and environmental legislative

instruments, policy and codes. An existing rights use for commercial use exists, as does an existing

precedent for a variation to the LEP zoning permitted uses in the form of a liquor license endorsed by

council. When Clause 5.10.10 of the LEP is taken into consideration, in combination with the existing rights

use, the proposal can be a permitted use within the relevant land-use zoning and does not diverge from

either principal or discretionary development standards.

There will be no unacceptable adverse impacts on the amenity of the surrounding area as a result of this

proposal. Where this statement and the supporting documentation has identified a specific development-

imposed impact, reasonable mitigation measures have been recommended to control and minimise the

effect such that the effect will be either environmentally acceptable or will meet current legislative

regulations.

It can be seen from this appraisal that the amenity of the residential neighbourhood will not be affected

unduly by this proposal and that all possible negative impacts that could impact amenity have been

identified, considered and carefully mitigated. The only way to conserve this heritage asset will be with an

economic income as proposed in this development application.

Furthermore, the opening of the factory will increase the public enjoyment and interpretation of a valuable

local heritage site which is currently in private use and visually obscured from the street. The proposal is

the most sympathetic option for the continuing conservation, understanding and public experience of the

existing heritage fabric. This proposal seeks to create a revenue stream with which to maintain and enhance

the heritage asset whilst causing the least disruption to it. Other options explored and currently excluded

from consideration involved far greater damage and loss to the heritage fabric. So, it can be seen that the

proposed option provides the best outcome for the heritage asset whilst effectively mitigating against any

negative impact on the amenity of the residential zone.

The proposal and the documents submitted fully address all the concerns of the Council predevelopment

meeting as listed below.

Land use, legislation and planning policy

Development Controls

Building Heritage

Amenity

Building Code of Australia Requirements

Disability Access

Car parking and access

Asbestos

Contributions

The proposed design has capitalised on the following key opportunities for the site which will result in an

acceptable and needed renovation of a heritage asset and continued provision of residential

accommodation.

It will conserve and enhance a significant heritage asset;

The proposal will create both short-term construction employment and on-going operational

employment;


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It will increase tourism- a strategic goal of Eurobodalla Shire Council;

It will introduce new training opportunities;

It will introduce new business types to Moruya;

It is a sustainable adaptive reuse of an existing building;

It will not have any detrimental effects on adjoining properties and land-uses;

It will improve the street frontage aspect;

It will not impose a detrimental effect on the urban road network;

The proposed development will have a positive contribution to the streetscape with a building

designed to integrate with the adjoining built-form and character of the area with minimal

amenity impacts to surrounding properties.

In that regard, the proposal meets the objectives of the Environmental Planning & Assessment Act 1979 in

that it will provide for the orderly and economic use of the land.

In conclusion, the proposal represents a positive contribution to town of Moruya and is worthy of Council

support.

Paul Dolphin

MLPM, MBDA, Bsc

Principal Paul Dolphin Designs

57 Hawdon Street Planning Report and SoEE 26.03

Documents

Transcript of 57 Hawdon Street Planning Report and SoEE 26.03