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COFFS HARBOUR CITY COUNCIL

ORDINARY MEETING

COUNCIL CHAMBERS COUNCIL ADMINISTRATION BUILDING

COFF AND CASTLE STREETS, COFFS HARBOUR

5 JUNE 2008 Contents ITEM DESCRIPTION PAGE

LAND USE HEALTH & DEVELOPMENT DEPARTMENT REPORT

L9 DEVELOPMENT APPLICATION 875/08 - DUAL OCCUPANCY DEVELOPMENT AND 2 LOT SUBDIVISION - LOT 4 DP 877897, 24 BREAKERS WAY, KORORA

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L10 DEVELOPMENT APPLICATION 1011/08 - MEDITATION CENTRE (EDUCATIONAL ESTABLISHMENT), LOT 33 DP 862643, 26B JABOH CLOSE, UPPER ORARA

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L11 DEVELOPMENT APPLICATION 702/08, LOT 4 DP 6522, LOADERS LANE COFFS HARBOUR – SENIORS LIVING DEVELOPMENT

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L12 DRAFT COFFS HARBOUR CITY LOCAL ENVIRONMENTAL PLAN 2000 (AMENDMENT NO. 26) - LANDS ADJOINING COFFS HARBOUR HEALTH CAMPUS

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L13 AMENDMENT TO BUSINESS LANDS DEVELOPMENT CONTROL PLAN

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ctscatherine

Note

Minutes for this meeting will be confirmed at the Corporate Business Committee Meeting to be held in the Council Chambers, Council Administration Building, on 19 June 2008 commencing at 5.00pm

LAND USE, HEALTH & DEVELOPMENT COMMITTEE 5 JUNE 2008 - 1 -

COFFS HARBOUR CITY COUNCIL

ORDINARY MEETING

5 JUNE 2008 LAND USE HEALTH & DEVELOPMENT DEPARTMENT REPORT

L9 DEVELOPMENT APPLICATION 875/08 - DUAL OCCUPANCY DEVELOPMENT AND 2 LOT SUBDIVISION - LOT 4 DP 877897, 24 BREAKERS WAY, KORORA

Purpose: To consider development application 875/08 for an attached dual occupancy and 2 lot subdivision at 24 Breakers Way, Korora. The Development Application file will be placed in the Councillor’s room for perusal prior to consideration by Council and be available at Council meeting.

Description of Item: The development is an architecturally designed split level, attached dual occupancy development. The exterior façade is a contemporary mixture of masonry, glass, rendered brickwork, texture coated fibre cement and Colorbond, with infill metal privacy/feature screening. The split level design is two storey at the street elevation, reducing to single storey at the rear of the block, in order to comply with the 6m height limit for the area. The development is proposed between two established single dwellings on large allotments.

Cont’d


L9 Development Application 875/08 - Dual Occupancy Development and 2 Lot

Subdivision - Lot 4 DP 877897, 24 Breakers Way, Korora …(Cont’d) Sustainability Assessment: • Environment

The proposed dual occupancy will not have a detrimental impact on the natural environment. The site is a residential allotment and is cleared of any vegetation. Sediment and erosion control measures will be in place during construction, existing reticulated sewer, water and stormwater is available to the site.

• Social

The proposed dual occupancy will provide additional housing in a desirable residential area. Future occupants will benefit from the proximity of natural features such as the public reserve and access to Korora Beach. Existing residents within the estate have made submissions in relation to the proposal. The issues raised in these submissions are considered under the heading “Summary of Issues”.

• Economic

The construction of the proposed dual occupancy is likely to provide work for local trades and sales to local suppliers. Development contributions will be payable for additional demand on local infrastructure and services.

Consultation: The application was notified to 10 surrounding properties on 12 February 2008. Following notification of the original application, 7 written objections were received, including a petition with 22 signatures opposed to the development. The objections received from the neighbouring premises related to the following areas:

- Design (neighbourhood character, mirror reversing, garage dominance) - Private Open Space (minimum 90m2 per dwelling) - Density (Floor space ratio of not more than 0.4:1) - Driveway (grade) - Services (proximity to sewer main) - Landscaping (185m2 per dwelling) - View Sharing - Reflective Surfaces - Covenant (restricting development to single dwellings) - Shadowing

The applicant was requested to review the proposal having regard to departures from the Low Density Housing DCP and to address the relevant issues raised following the initial consultation phase. Revised plans and accompanying supporting documentation was submitted on 18 April 2008. The application was subsequently notified on 23 April 2008.

Cont’d



Subdivision - Lot 4 DP 877897, 24 Breakers Way, Korora …(Cont’d) Eight (8) submissions were received following the renotification process. The common issue raised in the submissions objected to the proposal on the basis of being out of character with the existing neighbourhood. Statutory Requirements: • Integrated Development

The proposal is considered as integrated development under S90 of the Environmental Planning and Assessment Act 1979 because it requires authorisation under section 100B of the Rural Fires Act 1997 in respect of bush fire safety of subdivision of land that could lawfully be used for residential or rural residential purposes. The application was referred to the NSW RFS in this regard. The RFS has responded and raise no objections to the development.

• Section 79C evaluation (see Appendix A) Section 79C of the Environmental Planning and Assessment Act 1979 specifies the matters which a consent authority must consider when determining a development application. The consideration of matters is limited in so far as they must be relevant to the particular matter for determination. The development is not inconsistent with the matters for consideration under Section 79C.

• Coffs Harbour Local Environmental Plan 2000 (LEP) The site is within a Residential 2A Low Density Residential zone under the LEP. Attached dual occupancy developments are permissible with development consent in the 2A zone.

• North Coast Regional Environmental Plan (REP) 1988 Clause 41 and Clause 43 of the REP direct Council to consider the provision of adequate affordable and suitable housing to meet the needs of the region’s population. The proposal is not inconsistent with these provisions.

• State Environmental Planning Policy (SEPP) 71 – Coastal Protection The site is within the coastal zone. The proposed development is consistent with the aims and objectives of the SEPP and the “matters for consideration” under Clause 8 of the policy.

• Low Density Housing Development Control Plan (DCP) The development substantially complies with the provisions of this DCP.

• Subdivision Development Control Plan (DCP) The development substantially complies with the provisions of this DCP.

Cont’d



Subdivision - Lot 4 DP 877897, 24 Breakers Way, Korora …(Cont’d) Issues: • Design/ Neighbourhood Character

The majority of objection to the development relate to the building not being in accordance with the desired future character of the neighbourhood. Objection has been raised to specific design elements relating to mirror reversing and garage dominance.

Comment: The Low Density Housing DCP contains the following objectives; - “Encourage innovative housing which is pleasant to live in, relates to the desired future

neighbourhood character, is responsive to the site and environmentally sensitive; and - Improve the quality and choice of housing and residential environments to suit the diversity of

peoples needs and to meet community expectations about health, safety and the amenity.” Although there may be no attached Dual Occupancy developments directly adjoining the proposed development, there are existing dual occupancy developments in the area along with allotments that have been subdivided from original parcels to create additional allotments of land (see figure below). Dual occupancy developments are permissible within the 2A zone under Councils LEP.

In keeping with the objectives of the Low Density Housing DCP, the development is “responsive to the site”, and contributes to the “choice of housing” in the area. The future neighbourhood character of the area is often governed by what “development potential” exists within an area. Dual occupancy development is permissible within the 2A zone and the proposed development is considered to be in keeping with these requirements. The design of the building attempts to create subtle differences within the street frontage to address garage dominance and mirror reversing. These elements include a staggered setback, cantilevered decks above garages, landscaping in front of garages and the use of screening devices. The development has also been designed to appear as one large development as opposed to two separate dwellings to remain in keeping with the existing large developments in the area. The design of the building is considered to be acceptable in this regard.

Cont’d



Subdivision - Lot 4 DP 877897, 24 Breakers Way, Korora …(Cont’d) • Private Open Space

Concern has been raised that the development does not meet the requirements of the Low Density Housing DCP with regards to private open space.

Comment: The proposal complies with the minimum private open space requirements of 90m2 per dwelling. Open space is provided in the form of large decks to the street frontage and open space at the rear is accessible through glass sliding doors via the family room of each dwelling.

• Density

Concern has been raised that the development does not meet the requirements of the Low Density Housing DCP with regards to Density.

Comment: The proposal complies with the maximum floor space ratio of 0.4:1. (Villa A = 0.27:1, Villa B = 0.33:1.) It must be noted that verandahs, garages, storage areas and the like are not required in the calculation of applicable floor space ratios.

• Driveway

Concern has been raised as to the appropriateness of the driveway with respect to grades.

Comment: The proposed driveway details have been referred to Councils Engineering Department for comments and have been approved as satisfactory.

• Services

The location of the proposed development with respect to the existing Council sewer main has been raised as an issue for concern.

Comment: Councils sewer engineer has approved the location of the proposed building with respect to the sewer main conditional upon an appropriate engineered response to the footing design being submitted to Council for Technical approval.

• Landscaping

Concern has been raised that there is not adequate landscaping proposed for the development.

Comment: The Low Density Housing DCP requires a minimum of 185m2 of landscaping per dwelling. The proposal exceeds this requirement.

Cont’d



Subdivision - Lot 4 DP 877897, 24 Breakers Way, Korora …(Cont’d) • View Sharing

It has been claimed that the proposed development will adversely affect the current views from an adjoining property. Comment: A site inspection from the subject property revealed that the views currently available are partial views of the ocean through existing bushland on the headland. These partial views are currently available from various rooms (both living and non-living areas) within the existing dwelling and from the private open space areas in front of the dwelling. All of these views are side views across the vacant lot. The proposed development meets the requirements of the relevant planning controls. In applying the Planning Principles for view sharing this loss of view is considered to be “minor” and would not warrant refusal of the application..

• Reflective Surfaces

The potential impact of glare from the roof of the proposed development has been raised as a concern.

Comment: A view of the roof will be visible from some of the adjoining properties due to the attempt to keep the height of the proposed development within the applicable height limits. The applicant has indicated that the proposed roof colour is “shale grey” and is considered a light colour in relation to solar absorptance. This colour has been selected, in order to satisfy energy efficiency requirements. The roof pitch has been designed to face a Northern direction away from the neighbouring developments. Bluescope Steel Technical Bulletin TB-28 provides the following information in relation to reflectivity.

“For typical roof pitches, if a roof is viewed from the North, it is unlikely to ever cause glare. If such roofs are viewed from the west, it is unlikely that glare will occur other than for a short period in the morning. If such roofs are viewed from the east, it is unlikely that glare will occur other than a short period in the afternoon. It is mainly when roofs are viewed from the south that roofs can result in glare for extended periods during the day. Furthermore due to the suns ever changing path, glare will normally only be present for a small part of the year.”

Cont’d



Subdivision - Lot 4 DP 877897, 24 Breakers Way, Korora …(Cont’d)

Issues such as roof pitch and the slope of the ground (topography) need to be considered” in this regard (see figure below).

Source: Bluescope Steel Technical Bulletin TB-28, 2003

The proximity of the building to the coast (salt air exposure) will also expedite the dulling process thereby further reducing potential glare nuisance. Considering the design elements of the building with a north facing roofline and the information provided above, reflection from the roof of the development is expected to be minor and would not warrant refusal of the application.

• Existing Covenant The Conveyancing Act 1919, Section 88B instrument that applies to this site and the estate contains a clause that states: “not more than a single dwelling shall be erected or permitted to remain erected on each lot burdened”. Comment: A developer may place certain covenants on individual sites under a Section 88B instrument. These covenants may apply restrictions beyond those required under Council's planning instruments. For this reason clause 17 of LEP 2000, Suspension of Restrictions on Land, contains the following objective:

“To ensure private restrictions do not restrict development or activities being carried out in accordance with this Plan".

Council therefore is not bound by this covenant. Existing owners in the estate may choose to take their own action in respect of any breach of covenant. A number of other dual occupancy developments have been approved within the estate.

Cont’d



Subdivision - Lot 4 DP 877897, 24 Breakers Way, Korora …(Cont’d)

• Shadowing

Concern has been raised that the development may adversely impact on the open space areas of an adjoining premise. Comment: The DCP requires at least two hours of sunshine to be available to the living areas of adjacent dwellings between 9.00am and 3.00pm on 22 June. The orientation of the development is predominantly East/West thus will have no shadowing on the adjoining development concerned from about 12.00 onwards, thereby satisfying the above requirements. There is no adequate justification to require shadow diagrams in this instance.

Conclusion: Infill developments are often controversial by their nature as adjoining and nearby residents have an expectation that the infill development is typical of that already approved in the neighbourhood. This is not the first dual occupancy development proposal to be constructed within the estate, but it is the first dual occupancy proposal in this particular vicinity and hence the high number of submissions. The application proposes an attached dual occupancy development that incorporates design elements shared by many of the large prestigious residences within the estate. The flowing and stepped roof design, articulated facades, heavily recessed garages with large floating outdoor decks above, combine to provide for a development that sits comfortably within the context of the many surrounding large residences. The overall size of the building is consistent and compatible with other single residences within the immediate area and its use as a dual occupancy complies with the density provisions of the Low Density Housing DCP. It is therefore considered that the proposal does not give sufficient cause to warrant further modification or refusal of the application. Conditional approval of the application is recommended. Recommendation: 1. That Development Application 875/08 for a dual occupancy development and 2 lot

subdivision at - Lot 4 DP 877897, No. 24 Breakers Way, Korora be approved subject to attached conditions (see Appendix C).

2. That those persons who made a submission on this application be informed of Council’s determination.

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Attachments:

APPENDIX A

SECTION 79C EVALUATION Development Application 875/08

a. the provisions of,

i. any environmental planning instrument, and

• North Coast Regional Environmental Plan The proposed development is within the North Coast Region and therefore Council must consider the North Coast REP. Clause 2B outlines the aims and objectives of the Plan. The proposal is considered to be consistent with the aims and objectives of the Plan Other Clauses of interest within the Plan are discussed below: Clause 15, is not applicable as the site is not located within, adjoining or upstream of a river or stream, coastal or inland wetland or fishery habitat area. Clause 29A, is not applicable as no clearing of natural vegetation will occur. Clause 32B: Council is to take into account:

a) The NSW Coastal Policy 1997; b) The Coastline Management Manual; c) The North Coast Design Guidelines.

In assessing the development application consideration has been given to the above policies, manuals and guidelines. Councils LEP, DCPs and policies have integrated the principles of ESD and inter-generational equity within the coastal management zone. The proposed development has minimal impact on the environment, cultural heritage, and tourism development within the locality. The proposed development enables an additional choice of housing in a sought after residential area. Coastal processes and hazards have been identified and accommodated. The Stormwater treatment is via the existing street system. Clause 36, is not applicable as the development will not impact on any heritage items. Clause 43: This clause requires Council to be satisfied that the density of the dwellings has been maximised without adversely affecting the environmental features of the land and ensure that site erosion will be minimised. The dual occupancy dwelling ensures the development potential of the site is maximized. Erosion and sediment controls will be required during construction Clause 66: This clause requires the adequacy of community and welfare services available to the land to be considered for proposed subdivision of land. The creation of 1 additional allotment will not result in a decline of the existing services. Clause 81, relates to development adjacent to the ocean or a waterway. The development is more than 100m from the ocean or any substantial waterway, therefore this clause is not applicable.

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• State Environmental Planning Policy No. 71 – Coastal Protection The site is within the coastal zone. The proposed development satisfies the “matters for consideration” under Clause 8 of this policy. The development is subject to the requirements of the BASIX energy efficiency criteria. The development is served by a reticulated sewer, water and stormwater system and will not create any adverse cumulative adverse effects on the environment.

• Coffs Harbour City LEP 2000

Zoning The land is zoned Residential 2A Low Density. The proposal is for an “attached dual occupancy development and subdivision (torrens)” which is permissible with consent in this zone. Clause 13 Landform Modification The proposal will not have an adverse affect on the natural environment, either through filling or excavation of the site. Sediment and erosion controls will be provided during construction. Clause 14 Services Adequate services are available to the site. Clause 21 Heritage – Archaeological areas There is no evidence to suggest the land may be a potential archaeological site. Clause 17 Suspension of covenants, agreements and similar instruments This clause applies due to an existing covenant restricting development to single dwelling houses only. The objectives of this provision are to ensure that private restrictions do not restrict development or activities being carried out in accordance with the LEP. Clause 23 Environmental Hazards – Potential acid sulfate soils The site is a mapped as a Class 5 Acid Sulfate soil. Excavation is proposed on the site; however, the works are not likely to lower the water table below the 1m AHD on adjacent Class 1, 2, 3 or 4 lands.

ii. any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority, and

There are no draft instruments of relevance to this application.

iii. any Development Control Plan (DCP)

• Low Density Housing The development has been evaluated in terms of this Plan and substantially complies with the requirements of this plan. A detailed assessment is provided in Appendix B.:

• Subdivision DCP Torrens title subdivision of the development is proposed in the application. Minimum lot sizes of 400m2 are permissible for this allotment. Services and access arrangements and layout of the development support the subdivision of the development site, which conforms to the relevant provisions of this DCP.

• Notification DCP The application has been notified in accordance with the Plan.

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iv. the regulations (to the extent that may prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,

Clause 92 of the Environmental Planning and Assessment Regulation 2000 requires Council to take the Coastal Policy 1997 and AS2601-1991 The Demolition of Structures into consideration in its determination. As previously detailed the proposal satisfies the relevant provisions of the Coastal Policy. Demolition is not part of the proposal.

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

• Environment impacts

The proposed dual occupancy will not have a detrimental impact on the natural environment. The slight increase to the population within the locality will not threaten the natural features of the nearby reserve. Sediment and erosion control measures will be in place during construction.

• Social impacts The proposed dual occupancy will provide additional housing in a desirable residential area. Future occupants will benefit from the proximity of natural features such as the public reserve and access to Korora Beach.

• Economic Impacts The construction of the proposed dual occupancy is likely to provide work for local trades and sales to local suppliers. Development contributions will be payable for additional demand on local infrastructure and services. In terms of impacts by this proposal on property values of affected properties it is not appropriate to consider property values in isolation, nor should Council consider perceived impacts of a proposal that may impact on property’s value

c. the suitability of the site for the development,

The site is capable of supporting this proposal. The proposal is consistent with the types of permissible development in a low density residential zone.

d. any submissions made in accordance with this Act or the regulations,

The application has been reviewed by the following sections within Council and recommended conditions / actions have been incorporated into the evaluation process and consent conditions: - City Services (subdivision, sewer, driveway, stormwater disposal) - Corporate Business (developer contributions) The development is Integrated Development due to the proposed subdivision of land within the Bushfire mapped area. The application has also been referred to the NSW RFS in this regard. The NSW RFS have responded and raise no objection to the proposed development. The application has been notified in accordance with the requirements of Council’s Notification DCP (7 submissions).

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The application was renotified following the provision of addition information in support of the applications (8 submissions). Council staff from relevant sections have inspected the site on a number of occasions. A summary of issues raised following the notifications includes: - Design (neighbourhood character, mirror reversing, garage dominance) - Private Open Space (minimum 90m2 per dwelling) - Density (Floor space ratio of not more than 0.4:1) - Driveway (grade) - Services (proximity to sewer main) - Landscaping (185m2 per dwelling) - View Sharing (from 22 Breakers Way) - Reflective Surfaces (impact to 22 Breakers Way) - Covenant (restricting development to single dwellings) - Shadowing These issues are considered in the report to Council.

e. the public interest, The development is in the public interest, the development is “responsive to the site”, and contributes to the “choice of housing” in the area in accordance with the objectives of the Low Density Housing DCP.

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APPENDIX B

LOW DENSITY HOUSING DCP REPORT

Objectives The objectives of the Low Density Housing DCP seek to;

• “Encourage innovative housing which is pleasant to live in, relates to the desired future neighbourhood character, is responsive to the site and environmentally sensitive; and

• Improve the quality and choice of housing and residential environments to suit the diversity of peoples needs and to meet community expectations about health, safety and the amenity.”

The proposed development is consistent with these objectives. Although there may be no attached Dual Occupancy developments directly adjoining the proposed development, there are existing detached dual occupancy developments in the area along with allotments that have been subdivided from original parcels to create additional allotments of land. Dual occupancy developments are permissible within the 2A zone under Councils LEP. In keeping with the objectives of the Low Density Housing DCP, the development is “responsive to the site”, and contributes to the “choice of housing” in the area. The future neighbourhood character of the area is often governed by what “development potential” exists within an area. Dual occupancy development is permissible within the 2A zone and the proposed development is considered to be in keeping with these requirements. Site Analysis • Adequate, shows levels, Landscaping, driveways and adequately identifies the location of each

dwelling. Density • 1 Dwelling per 400m2 access handle not incl., complies (2 dwellings/1278m2 = 1 dwelling per

639m2) • Landscaping

- Minimum 185m2 landscape areas per dwelling - Complies - 185m2 x 2 = 370m2

∗ Unit 1 footprint = 215m2. ∗ Unit 2 footprint = 210m2.

- Total Site coverage = 215m2 + 210m2 = 425m2 - Driveways = 211m2 - 1278m2 – 425 – 211 = 642m2 = 321m2 available per dwelling

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• Density - Density not more than 0.4/1 = Complies, see table below.

Villa A Villa B

*Deck 40 m2 *Deck 43 m2 *Ground Floor (Garage/Storage) 61 m2 *Ground Floor

(Garage/Storage) 75 m2

Level 1 125 m2 Level 1 128 m2 Level 2 64 m2 Level 2 64 m2 Sub-Total 290 m2 Sub-Total 310 m2 Total (minus Garages/Decks) 189 m2 Total (minus

Garages/Decks) 192 m2

Allotment Area 699 m2 Allotment Area 580 m2 Floor Space Ratio (189/699) 0.27:1 Floor Space Ratio

(192/580) 0.33:1

* Note: Garages, Storage areas, Verandahs, Decks and the like are not required to be considered in the calculation of Floor Space Ratios.

Setbacks • 6m setback from road frontage, complies (Approx 8.5m minimum) • Side & rear setbacks, complies (+900mm to wall & +675mm to gutter). Design • Current neighbourhood character is generally single dwelling houses on large lots with large

landscaped areas. It is possible that these lots may be further developed in the future to maximise land use. The design of the building attempts to create subtle differences within the street frontage to address garage dominance and mirror reversing. These elements include a staggered setback, cantilevered decks above garages, landscaping in front of garages and the use of screening devices. The development has also been designed to appear as one large development as apposed to two separate dwellings to remain in keeping with the existing large developments in the area. The design of the building is also considered to be acceptable in this regard.

• 6m height limit North Eastern Corner slightly higher for about 1m2 of roof area according to

plan. Considered an acceptable variation as it does not result in further impacts to adjoining owners, due to the cross fall of the allotment to the North East. The development is well under the 6m limit for the majority of its elevation.

• Liveability of dwellings, complies (Decks/courtyards, open space areas provided). • Street Frontage, acceptable. Dwellings have a staggered setback breaking the façade fronting

the street, the garages are set well back under the decks of each dwelling and proposed landscaping to the bank in front of the garages will provide additional screening. There are only subtle changes provided to each dwelling so as to appear as one large building rather than two smaller buildings to maintain the common theme of larger dwellings within the area.

• Overlooking to adjoining POS, complies (screening elements incorporated into design. No

large windows fronting adjoining premises, predominantly single storey in elevation). • Streetscape Scale, acceptable, developments of a similar scale exist within the area. • Energy Efficiency = BASIX applies – certificate provided.

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Solar Access • Dwellings, do not impact adversely on adjoining solar access due to orientation – complies,

Northern orientation and slope towards north provided good solar access for proposed and existing dwellings.

Environmental Constraints • Bushfire – Subdivision proposed referral to Sydney RFS required under Integrated

Development process. Comments provided by NSW RFS. • Acid Sulfate - The site is mapped as a Class 5 Acid Sulfate soil. Excavation is proposed on the

site; however, the works are not likely to lower the water table below the 1m AHD on adjacent Class 1, 2, 3 or 4 lands.

Private Open Space • Adequate open space area indicated on plans, including decks to the front toe the development

and land at the rear of the development. The open space at the rear of the development is accessible through a glass sliding door via the family room of each dwelling.

• Minimum 90m2 per dwelling

- Unit 1 – 50m2 rear, verandahs/decks 40m2 = 90m2, - Unit 2 – 50m2 rear, verandahs/decks 43m2 = 93m2.

Vehicle Access and Parking • Parking

- Complies - 2 Spaces provided per dwelling, located behind building line (incorporated into the building)

• Driveways

- Complies, Levels and manoeuvring areas approved by Councils Engineering Department. Developer Contributions • Applicable, to be paid prior to Construction Certificate. Erosion and Sediment Control • Required during construction, standard conditions of consent are sufficient. Services • Water Meters

- Separate water meters required. To be provided as part of subdivision. • Water and Sewerage

- Existing reticulation sewer and water available to the site. - Torrens title subdivision proposed separate connections to W & S is required and will be

provided with subdivision. - Where connection not available, extension required = access to sewer at front and side of

development. • Stormwater

- Stormwater to drain to the existing stormwater drainage easement provided at street level.

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APPENDIX C

PROPOSED CONDITIONS OF CONSENT

Development in Accordance with Plans: 1. The development shall be generally in accordance with Development Application No 875/08

and in accordance with the supporting documentation submitted with that application, including, but not limited to, the following;

Drawing No Issue No Prepared By Date

A01 & A03 4 A02 3 Vil Brickman Architects Nov 07

2. Work on any building must not commence until such time as a Construction Certificate has

been obtained. 3. A separate application is to be made to Council by the licensed plumber and drainer prior to

the commencement of any sanitary plumbing and drainage work on site. 4. Prior to the issue of a final Occupation Certificate a vehicle gutter crossing is to be

provided. Such work is subject to separate application, fees and approval by Council. 5. A separate application is to be submitted to Coffs Harbour Water for approval prior to the

installation of the proposed rainwater tank and any associated plumbing. Evidence confirming that the approval of Coffs Harbour Water has been obtained must be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

An application form may be downloaded from Council’s web site www.coffsharbour.nsw.gov.au.

6. An appropriate structural engineering designed footing system must be submitted to Council for

approval prior to the release of the construction certificate incorporating the following considerations into the design in relation to the proximity of the building with respect to Councils Sewer Main.

a) Piers must be located along the eastern side the dwelling, to a depth of at least 1.5m or to

such a depth required to be below the “level of influence” on Councils sewer main. b) The piers are to be located no closer than 1m from the outside of Councils sewer main.

Where the building is within 1m from the outside of Councils sewer main the footing will need to incorporate a cantilevered design.

7. A Detailed landscaping plan to indicate proposed screening to the front of the development is

to be submitted to Council for approval prior to the issue of a construction certificate. The landscaping plan is to indicate the location of and proposed species to be provided in order to provide adequate screening to the front of the garages from the streetscape.

Certification: 8. Under Clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a

condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development is fulfilled.

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Construction 9. All water supply, sanitary plumbing and drainage works are to comply with the relevant

provisions of the Local Government (Water, Sewerage and Drainage) Regulation 1993.

Please note that recent changes in State regulations require that suitable temperature control devices be provided in conjunction with any new hot water installations.

10. Any excavation or fill, regardless of height must be suitably retained or stabilized prior to the

issue of an Occupation Certificate.

A construction certificate is required for retaining walls exceeding 1m in height with the walls to be constructed prior to inspection of the footings/slab of the building. The retaining wall must be designed by a practising structural engineer and be site-specific. Timber retaining walls exceeding 1 metre in height will not be permitted within 1 metre of the boundary.

11. The street number 24(A & B) has been allocated to your premises and is to be clearly

displayed prior to occupation of the development. 12. Where excavation works or removal of vegetation is to take place on the site, control measures

in accordance with Council’s Erosion & Sediment Control Policy and Practice for Building & Development Sites to prevent the erosion of soil are to be undertaken at each appropriate construction stage.

13. Sealed driveways being constructed over the footpath, at right angles to the road, in

accordance with Council's Standard Drawings (copy of details enclosed). Any existing driveways which are not required for the development are to be removed and the footpath and kerb reinstated.

These works are to be completed prior to the issue of a final Occupation Certificate for the development.

Bushfire Hazard: 14. At the commencement of building works and in perpetuity the entire property shall be managed

as an ’Inner Protection Area’ as outlined within Planning for bushfire Protection 2006 and the Service’s document ‘Standards for asset protection zones’.

Services: 15. Separate sewer overflow gullies are to be provided to each unit prior to occupation of the

development. 16. Separate water meters are to be provided to each unit prior to occupation of the development. 17. Stormwater shall be disposed of to the existing easement provided for stormwater drainage,

not to the street gutter, prior to occupation of the development. Landscaping: 18. All landscaping and site drainage is to be completed prior to occupation of the development. Contributions: 19. The Construction Certificate not being released until a Certificate of Compliance pursuant to

Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000 evidencing that adequate arrangements have been made for the provision of water and sewerage services to and within the development is produced to Council.

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20. Payment to Council of contributions, at the rate current at the time of payment, towards the

provision of the following public services or facilities:

Note 1 - The contributions are to be paid prior to release of any Construction Certificate unless other arrangements acceptable to Council are made.

Note 2 - The rates will be adjusted in accordance with the procedures set out in Council's

Section 94 Contributions Plans. The applicant is advised to confirm the contribution rate applicable at the time of payment as rates are revised at least annually.

Note 3 - If the development is to be staged, contributions are to be paid on a pro rata

basis in respect of each stage. $ Per Dwelling

- Coordination and Administration 324.56 - Coffs Harbour Road Network 1779.08 - Surf Rescue Equipment 90.99 - Library Resources 246.48 - Beach Protection Works 216.76 - Regional Open Space 894.81 - Coffs Harbour District Open Space 685.78 - Korora Neighbourhood Open Space 397.42

Total S94 4635.88

The Section 94 contribution is currently $4635.88 for the 2 dwelling development. Contributions have been imposed under the following plans:

• Regional, District & Neighbourhood Facilities 2007. • Coffs Harbour Road Network 2007. • Coffs Harbour Local Roads, Trunk Drainage and Mines and Extractive

Industries 1999. • Surf Rescue Equipment 2006. • Boambee Creek 2003. • Korora Rural Residential Release Area 2004. • Moonee 2004. • North Boambee Valley 2003. • North Bonville 2005. • West Coffs Harbour 2004. • West Woolgoolga 2004

The Contribution Plans may be inspected at the Council Administration Offices, 2 Castle Street, Coffs Harbour or on Council’s web site, www.coffsharbour.nsw.gov.au.

Sign: 21. A sign indicating the name, address and telephone number of the Principal Certifying Authority,

and the name and telephone number of the principal contractor (if any) must be erected in a prominent position on the site and maintained until the building work has been completed. The sign must also state that unauthorised entry to the site is prohibited. The signage must be erected prior to commencement of work.

Conditions Relating to Subdivision Construction:

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22. Construction of both buildings is to be completed prior to the issue of the subdivision certificate Bushfire Hazard: 23. The Development Proposal is to comply with the plans of proposed subdivision, as detailed

below:

Drawing No Issue No Prepared By Date A01 & A03 4 A02 3 Vil Brickman Architects Nov 07

Services: 24. The subdivision being provided with underground reticulated electricity and telephone cables.

The applicant shall provide a letter from Country Energy stating that satisfactory arrangements have been made for the supply of electricity and a letter from Telstra stating that satisfactory arrangements have been made for telecommunications infrastructure in the subdivision / development. These letters are to be provided to Council prior to release of the Subdivision Certificate of subdivision/development.

25. A water service and sewer junction being provided within each lot. These services are to be

provided prior to release of the Subdivision Certificate with the works conforming to Council’s Technical Guidelines for Subdivision and Development.

Maintenance of Separating Wall: 26. Satisfactory legal arrangements are to be incorporated into the subdivision for the maintenance

of the required separating wall between the dwellings, with details to be submitted for Councils consideration and approval prior to the release of the Subdivision Certificate.

Vehicular Access: 27. Satisfactory legal arrangements are to be incorporated into the subdivision for access and

manoeuvring areas to and from the garages of the development with details to be submitted for Councils consideration and approval prior to the release of the Subdivision Certificate.

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L10 DEVELOPMENT APPLICATION 1011/08 - MEDITATION CENTRE (EDUCATIONAL ESTABLISHMENT), LOT 33 DP 862643, 26B JABOH CLOSE, UPPER ORARA

Purpose: This is a report on Development Application 1011/08 for a Meditation Centre (Educational Establishment) at 26B Jaboh Close, Upper Orara. Council has received twelve written objections to the proposal. All of the matters that have been raised in submissions have been considered in assessment of the application. It is recommended that the application be approved subject to conditions. The Development Application file will be placed in the Councillor’s room for perusal prior to consideration by Council and be available at Council meeting.

Cont’d


L10 Development Application 1011/08 - Meditation Centre (Educational Establishment), Lot

33 DP 862643, 26b Jaboh Close, Upper Orara …(Cont’d) Description of Item: This application seeks consent for the use of 26B Jaboh Close as a “Meditation Centre”, with meditation to be taught and administered on site by Buddhist Monks. The site is approximately 2.2 hectares in area. It has a fair slope to the north. Due to this slope of the site it is visible from a number of surrounding properties. It is a generally regular shape. The property has frontage to both Jaboh Close and a crown road to the north. The main access to the car park and meditation centre will be from the constructed crown road to the north where a new driveway will be constructed. Access to the meditation centre from the existing driveway (to the west of the property) will be retained for persons with a disability. The site is mapped as being bushfire prone. The site is generally clear of vegetation. There are some areas of native vegetation and some areas of exotic vegetation. A car park providing space for 32 cars is proposed on the site. It is proposed that the meditation centre will occupy an existing outbuilding and dwelling currently on the site. Some additions including kitchen and toilets will be made to these buildings. The existing garage to the dwelling will be converted to allow for overnight accommodation. Meditation will be taught by either weekend lectures or at “retreats”. Weekend lectures will occur on consecutive Saturday / Sundays from 9am to 3pm each day. Attendees are expected to arrive just before lectures commence and leave the premises by 5pm. A maximum of twenty people will attend these. It is expected that there will be eight lectures in a year. Retreats will occur mostly over a three day period but some will go for ten days. A maximum of twelve people will attend retreats. There will be opportunity for attendees at retreats to stay overnight on the property. It is expected that there will be up to twelve retreats in a year. Sustainability Assessment: • Environment

The proposed development will not result in the removal of any native vegetation. Environmental impacts as a result of this development should be maintained at acceptable levels.

• Social

Amenity impacts may be a result of this development. It is unlikely that there will be any unacceptable noise associated with the development. Visual prominence of the development can be addressed by landscaping. This issue is considered in the “Issues” section of this report.

Cont’d



33 DP 862643, 26b Jaboh Close, Upper Orara …(Cont’d) • Economic

The proposed development will provide an additional service to the area. It is not considered that there will be any adverse economic impacts.

• Management Plan Implications

There are no implications for Council’s adopted Management Plan.

Consultation: The application was advertised and notified. Council received twelve written objections to the proposal following this notification. A summary of the issues raised in submissions is provided as Appendix C to this report. The application was referred to the NSW Rural Fires Service for their general terms of approval; the development is classified as a special fire protection purpose under the Rural Fires Act. The Service has considered the proposal appropriate to approve subject to conditions. Statutory Requirements: • Section 79C Evaluation

Section 79C of the Environmental Planning and Assessment Act 1979 specifies the matters which a consent authority must consider when determining a development application. The consideration of matters is limited in so far as they must be of relevance to the particular application being examined. An evaluation report on the matters under section 79C is attached to this report as Appendix A.

• Relevant Statutory Instruments

The following statutory controls are relevant to this application - Coffs Harbour City Local Environmental Plan 2000 - North Coast Regional Environmental Plan - Rural Lands Development Control Plan - Off Street Car Parking Development Control Plan - Access and Mobility Development Control Plan - Notification Development Control Plan

Each of these relevant controls is considered in the Section 79C evaluation report.

• Permissibility

The land is zoned 1A Rural (Agriculture) under Coffs Harbour City Local Environmental Plan 2000. The proposed development is permissible in this zone as an Educational Establishment with development consent.

Cont’d



33 DP 862643, 26b Jaboh Close, Upper Orara …(Cont’d) Issues: • Potential Amenity Impacts

Amenity impacts may occur as a result of additional noise and traffic to the area, disturbance from attendees that cannot find the site. It is considered that amenity impact to the area associated with noise from the development is unlikely given the nature of the development. The existing driveway requires vehicles to the site to travel past an existing house (No. 26 Jaboh Close), however, the new driveway will move traffic away from this house and others that are near the proposed meditation centre buildings. The existing driveway is over crown road but shared by these dwellings. It is considered that amenity impact to the area, from additional traffic will be minimal. An identification sign to the site is proposed. This will be located at the north-western corner of the site. The sign is acceptable in terms of Council’s controls relating to signs. This sign will provide sufficient identification and direction to limit the amount of “lost” attendees.

• Visibility of Site Due to the topography of the area, the site is visible from a number of surrounding properties. The most visible part of the development will be the car park, with the outbuilding and dwelling being less visible due to existing vegetation in this area. It is appropriate that some landscaping be provided around the proposed car park, new driveway, pathway and meditation centre buildings. An area of 20 metres surrounding these components will be sufficient to limit the visibility of these areas. This is required by a condition of development consent.

• Car Parking The proposal includes a car parking area for 32 cars, being an area of approximately 20 metres by 50 metres. The proposed site for the car park is near the centre of the property and is quite visible from many properties. There is currently no established landscaping in this area. The proposal will not generate the need for 32 car parking spaces. The applicant provided the following advice for proposing the “larger than required” car park. “On the basis that if the Centre prove successful, and an increase in the number of attendees is permitted, then no further work to increase the car park would be necessary”. Given that there is no specific need for 32 car parking spaces it is unreasonable to allow construction of a car park of this size. With a maximum of twenty attendees to the site at any one time there should be no need for more than sixteen car parking spaces. A condition of development consent will be imposed that states the 32 space car park is not approved and that only a car park for sixteen spaces is approved.

Cont’d



33 DP 862643, 26b Jaboh Close, Upper Orara …(Cont’d) • Traffic and Road Safety

A number of submissions have raised concern about adequacy of existing road infrastructure for the development, in particular the intersection of Jaboh Close and Mount Browne Road. Council’s City Services Department has considered this issue. Their advice is that Jaboh Close has been well constructed to Council standards, is nine metres wide at Mount Browne Road (narrowing to six metres) sealed and in good condition. Jaboh Close is constructed to a higher standard than is required for the number of residents that currently utilise the road. The Jaboh Close/ Mount Browne Road intersection has a giveaway sign and there is adequate sight distance along Mount Browne Road in both directions. Line marking at the intersection is the only road works that are considered necessary and this is required by a condition of development consent.

• On-site Waste Water Treatment The existing on-site waste water treatment system is not sufficient for the additional waste water that will result from this proposal. The site has adequate unconstrained areas, away from property boundaries, other dwellings and flood prone areas that are available as an onsite waste water disposal area. The soil types of the site do not contain any specific characteristics that may prevent onsite water disposal or require a particular treatment system. Sufficient detail has been provided for Council to be satisfied that appropriate on-site effluent disposal for the development can occur on the site. Details about matters such as the length of trenches, amount of the disposal area and the type of treatment system are normally provided with an Application for On-Site Waste Water Treatment. Submission of an application is required by a condition of development consent.

• Information Provided with Application Some submissions have expressed a view that insufficient information has been provided with the development application. The information provided with the application must be sufficient for Council to make an informed decision on all relevant issues. Sufficient information has been provided with the application.

• Previous Use of the Property The site was used for an “opening ceremony” in April last year. Council approved this event on the grounds of being a “one-off”. A significant number of people attended the property for this event. A second event occurred on the property without Council approval. Some submissions have stated that because of this prior unapproved use of the property any future use of the property is unlikely to occur in accordance with any approval given or the conditions of any approval.

Cont’d



33 DP 862643, 26b Jaboh Close, Upper Orara …(Cont’d)

Unfortunately Council has no power to consider the likelihood that any subsequent approval (and conditions of the approval) is complied with, as part of assessment of a development application. This is a matter of enforcement and Council can take appropriate action when and if the need arises.

• Scale of Operation Some submissions have stated that the proposed development is not suitable for the site. Consideration of this issue requires an appreciation for the scale of the proposal. The proposal is for weekend lectures starting at 9am and finishing at 5pm on Saturday and Sunday. Eight of these will occur in any calendar year. Also described in the application are educational retreats of three to ten days in length. There will be twelve of these in any calendar year. The proposed development is limited in nature and the scale of the proposal is small. The matters described above can be reinforced by conditions of development consent. Any other use of the property as an educational establishment other than as a Meditation centre will require separate development consent from Council. This matter is also captured in a condition of development consent.

Recommendation: 1. That Development Application 1011/08 for a Meditation Centre (Educational

Establishment) at 26B Jaboh Close, Upper Orara be approved subject to the conditions specified in Appendix C.

2. That those persons who made submissions on this Development Application be informed of Council’s decision.

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Attachments:

APPENDIX A

SECTION 79C EVALUATION a. the provisions of,

i. any environmental planning instrument, and

• North Coast Regional Environmental Plan 1988 Most of the provisions of this policy provide local government with state and regional policy guidelines for the preparation of local environmental plans. Some of the provisions provide guidelines for certain types of development. Clause 12 Development control - impact of development on agricultural activities The council shall not consent to an application to carry out development on rural land unless it has first considered the likely impact of the proposed development on the use of adjoining or adjacent agricultural land and whether or not the development will cause a loss of prime crop or pasture land. The proposed development is not land that is prime crop or pasture land and limited agriculture occurs on adjoining properties. The proposed development is not of a nature that will have significant impact on agricultural pursuits.

• Coffs Harbour City Local Environmental Plan (LEP) 2000

- Zoning The subject site is zoned Rural 1A Agriculture under Coffs Harbour City Local Environmental Plan 2000. The proposed development accords with the definition of Educational establishment and is permissible in the zone with consent.

- Clause 14 Services

Council is satisfied that appropriate on-site waste water disposal and water supply can be provided on the site.

- Clause 21 Heritage - Archaeological areas The Coffs Harbour and District Local Aboriginal Land Council received notification of this development proposal. No submission from this department was received. The site is not one of any known archaeological item.

- Clause 23 Environmental Hazards - Potential acid sulfate soils The area of proposed development is mapped as class 5 Potential Acid Sulfate Soils. The likelihood that the proposed development will encounter acid sulfate soils during construction is unlikely and any adverse impact as a result of acid sulfate issues is extremely unlikely.

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• State Environmental Planning Policy (Rural Lands) 2008 There are no provisions of the Policy that require Council’s consideration.

ii. any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority, and There are no draft environmental planning instruments of relevance to the subject site or development.

iii. any Development Control Plan (DCP)

• Rural Lands Development Control Plan There are no provisions of this plan that have specific reference to this development. It is appropriate to provide landscaping around the buildings and car parking area to maintain a rural character. There are no other sections of this plan that require consideration.

• Off-Street Car Parking Development Control Plan Council’s car parking DCP does not specify a rate for developments of this kind. In these circumstances a car parking study of a similar type of development in a similar location should be provided. A car parking study has not been prepared, however carparking for 32 cars is proposed with the application. Given a maximum of 20 attendees 16 car parking spaces should be sufficient for the proposed development.

• Access and Mobility Development Control Plan This plan adopts the Building Code of Australia provisions with respect to access and facilities for disabled persons. The proposed development can comply with the provisions of this plan. This will be reinforced by a condition of development consent.

• Notification Development Control Plan The development application was advertised and notified in accordance with the provisions of this plan. No further matters to consider.

• Signs Development Control Plan The proposed sign is in accordance with the general provisions of this plan and the provisions that relate to rural settings.

iv. the regulations (to the extent that may prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,

There are no matters required to be considered under this section.

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b. the likely impacts of that development, including environmental impacts, on both the

natural and built environments, and social and economic impacts in the locality, Council is satisfied that the proposed development is unlikely to result in unacceptable impacts on the environment. Consideration of those matters under Section 5A of the Environmental Planning and Assessment Act has been made. The development does not involve removal of native vegetation. Noise considerations for the development will be acceptable given the nature of the development. Unacceptable impact on native fauna resulting from these issues is unlikely. The development is not contrary to the provisions of the Koala Plan of Management. On site waster water treatment can be provided on the site. Specific details of the proposed system will be provided with the appropriate application. Landscaping can be incorporated into the development and imposed as a condition of development consent to achieve acceptable visual impact. Council’s City Services Department have considered the development with respect to vehicular movement and safety and are of the view that the development is appropriate for approval. The impact of the proposed development on existing and future agriculture has been considered. Limited agriculture occurs on adjoining properties and the proposed development is not of a nature that will have significant impact on agricultural pursuits. The proposed development is not land that is prime crop or pasture land. Soil erosion and adverse impacts from stormwater runoff can be mitigated with imposition of appropriate conditions of development consent.

c. the suitability of the site for the development, Whether or not the proposed development is suitable for the subject site is in this case is relevant to the scale of the proposal. The development involves the use of existing buildings on the site for purpose of teaching meditation. Non-rural uses are compatible in Rural areas provided the scale of development is small and low key. The proposed development is considered suitable for the site.

d. any submissions made in accordance with this Act or the regulations, A number of submissions have been made on the proposal following notification. A summary of the issues raised is provided as appendix B to this item. Various issues have been raised, some are relevant and some should not be considered as part of a determination of the development proposal. Assessment of a development application is limited to provisions of the Environmental Planning and Assessment Act and subordinate legislation under the Act and environmental planning instruments (eg local environmental plans, regional environmental plans, state environmental planning policies) given power under the Act. Other Acts and standards should not be considered as part of a determination unless there is some founding to do so under the Environmental Planning and Assessment Act. All public submissions have been considered in their context.

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As well as public submission Council has also taken into consideration input from the NSW Rural Fire Service.

e. the public interest, The proposed development is considered to be within the pubic interest.

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APPENDIX B

SUMMARY OF ISSUES RAISED IN SUBMISSIONS

1. Concerns for safety to children.

2. Adequacy of existing on-site effluent disposal.

3. Concern about safety of the area.

4. Observation of works that have already started.

5. Visitors not familiar with the area.

6. No limit on what religions will occupy the development.

7. Road maintenance costs.

8. Misinformation within application.

9. Mistrust based on prior, not approved use of the property.

10. Concern that any approval will not occur in accordance with conditions/limits prescribed.

11. Insufficient information supplied with the application.

12. More car parking than required.

13. Inadequate access standard.

14. Jaboh Close Mount Browne Road intersection is unsafe.

15. Visual impact of the development, particularly the car park given the visual prominence of the site.

16. Concern for safety of residents.

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APPENDIX C

PROPOSED CONDITIONS OF DEVELOPMENT CONSENT

Development in accordance with approved plans: 1. The development is to be implemented in accordance with the plans and supporting

documents set out in the following table except where modified by any conditions of this consent.

• Plans of Coffs Harbour Building Design dated 20 February 2008 sheets 1 to 15.

In the event of any inconsistency between conditions of this development consent and the plans/supporting documents referred to above, the conditions of this development consent prevail. The approved plans and supporting documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

Approved Use: 2. This development consent approves use of the property for:

• Meditation education; - weekend lectures; - educational retreats;

• Associated on-site accommodation; • Car parking – maximum of sixteen spaces;

Separate development consent is required for any use other than those uses specifically listed in this condition.

Hours for Weekend Lectures: 3. The hours for week end lectures are 9am to 5pm on Saturday and Sunday Number of Patrons: 4. The maximum number of people that may attend any function at the Meditation Centre is:

• Weekend lectures - 20 • Educational retreats - 12

Maximum Number of Functions in any Calendar Year: 5. A maximum of twenty functions (weekend lectures and educational retreats) can be carried out

in any one calendar year. Car Parking: 6. Sixteen (16) sealed and linemarked car parking spaces being provided on the development site

prior to occupation. All car parking and vehicular manoeuvring areas being constructed in accordance with Council’s Off-Street Carparking Development Control Plan. Carparking areas are to be maintained in a serviceable condition at all times. All cars associated with the use are to be parked within the designated car park.

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7. Disabled car parking spaces are to be provided in accordance with AS 2890. .

Construction Certificate: 8. Work on any building must not commence until such time as a Construction Certificate has

been obtained and Council has been notified of the Principal Certifying Authority. Occupation Certificate: 9. This development is not to be used or the building occupied for the uses specified in this

consent until authorised to do so by issue of an occupation certificate. Potable Water: 10. A potable (drinking) water supply for domestic purposes is to be provided in accordance with

the Australian Drinking Water Guidelines 2004. On-site Waste Water Treatment: 11. An application for effluent disposal for the development being submitted to Council and

approved prior to issue of the Construction Certificate. Such application shall include full details of the proposed system and the location of the drainfield area.

Intersection Works: 12. The intersection of Mount Browne Road and Jaboh Close is to be provided with centre line

marking on Jaboh Close (for a distance of 20 metres from the intersection) in accordance with Council standards. These works are to be completed prior to the occupation of the development.

Bushfire Protection Measures: 13. At the commencement of building works and in perpetuity the entire property to the south

through to the east of the existing buildings shall be managed as an inner protection area as outlined within Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service’s document Standards for Asset Protection Zones.

14. Water, electricity and gas are to comply with Section 4.1.3 of Planning for Bushfire Protection

2006. 15. In recognition that an unreliable reticulated water supply exists, a 20,000 litre dedicated water

supply (non-flammable or shielded from the threat) shall be provided. 16. Construction is to comply with Appendix 3 – Site Bush Fire Attack Assessment of Planning for

Bush Fire Protection 2006. In this regard the following design standards for construction are to be incorporated into the development.

• The existing buildings are to be upgraded to improve ember protection. This is to be

achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen. This may include all sub floor areas and eaves. This work is to be completed prior to occupation.

17. An emergency / evacuation plan is to be prepared consistent with the NSW Rural Fire Service

Guidelines for the Preparation of Emergency / Evacuation Plan for implementation by the occupants in the event of a required evacuation.

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Landscaping / Screening: 18. A detailed landscaping plan for an area generally 20 metres around buildings, car park,

driveways and pathways on the site being submitted to Council and approved prior to issue of the Construction Certificate.

The plan must be prepared and certified by a qualified architect, landscape architect or professional landscape consultant. The plan is to comply with Council's Landscaping Guidelines, and is to incorporate measures to ensure the maintenance and survival of the landscaping. All landscaping is to be carried out in accordance with the plan and maintained in accordance with the plan at all times.

All landscaping works, in accordance with the approved plan, are to be completed, with certification of completion being provided, prior to occupation.

Disability Access and Facilities: 19. Access and facilities for disabled persons being provided in accordance with the Building Code

of Australia provisions. The developer’s attention is drawn to the provisions of the Disability Discrimination Act 1992.

Hours of construction: 20. Construction works are to be limited to the following hours:

• Monday to Friday 7.00 am - 6.00 pm • Saturday 7.00 am - 1.00 pm if inaudible from adjoining

residential properties, otherwise 8.00 a.m. - 1.00 p.m. • Sunday and Public Holidays No construction work is to take

place. Dust Control: 21. Effective measures shall be taken to suppress dust emissions during the course of

development, with details of dust control being submitted to Council for approval prior to issue of the Construction Certificate.

Construction Signs: 22. A sign indicating the name, address and telephone number of the Principal Certifying Authority,


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L11 DEVELOPMENT APPLICATION 702/08, LOT 4 DP 6522, LOADERS LANE COFFS HARBOUR – SENIORS LIVING DEVELOPMENT

Purpose: This is a report on Development Application 702/08 for a Seniors Living Development consisting of 95 individual living units at Loaders Lane, Coffs Harbour. A number of written objections to the proposal have been received. It is recommended that the application be approved subject to conditions. The Development Application file will be placed in the Councillor’s room for perusal prior to consideration by Council and be available at Council meeting.

Cont’d


L11 Development Application 702/08, Lot 4 DP 6522, Loaders Lane Coffs Harbour –

Seniors Living Development …(Cont’d) Description of Item: The Proposal: The development involves 95 self-contained dwellings and associated infrastructure, including a community centre and associated facilities. Each ‘self contained dwelling’ provides residential accommodation for seniors (defined as over 55 years of age) and will contain facilities for cooking, sleeping and washing. There are three different dwelling design types; 38 with two bedrooms and a carport, 43 with three bedrooms and a garage and 14 with three bedrooms a garage and a carport. A total of 143 car parking spaces are proposed for the development; 109 for the living units and 34 for visitors and staff. The dwellings are to be single storey brick construction with a tiled roof and outdoor terrace areas. The development will be fully serviced with internal concrete kerb and guttering, sealed roads, reticulated sewer and water, underground electricity, telephone services, and waste storage areas. A single vehicular access point is proposed from the western property boundary to Loaders Lane. A speed restriction of 8 km per hour is proposed within the development with the internal road network allowing access for emergency vehicles. An area through the centre of the site, currently affected by an easement for water supply, and a naturally low lying part of the site, will be retained as an undeveloped, landscaped part of the site. It is proposed to develop the site over eight progressive stages. The development will comply with NSW BASIX requirements. The project has an estimated value of $20 million. A development proposal for a seniors living was approved on this site in 2005. That proposal was for 75 individual living units with one part of the site being left undeveloped due to bushfire issues that could not be resolved at the time. The undeveloped area had capacity for approximately six additional units. The current proposal is considered by the applicant to be more economically viable than the 2005 proposal. The Site: The site is 3.292 hectares in area, approximately two and a half kilometers north-west of the City Centre and serviced by Loaders Lane on two sides. The site has been vacant and undeveloped for many years. It is currently open grassland with scattered vegetation along its boundaries (both exotic and native). Site elevations range from 10.6m to 14.5m Australian Height Datum (AHD), with the site draining in an easterly direction. The West Coffs Development Control Plan (DCP) identifies the eastern section of the site as flood prone, with the western boundary being the most elevated (ranging from 14.5m to 12.6m AHD). The land is zoned Residential 2A Low Density under Coffs Harbour City Local Environmental Plan (LEP) 2000.

Cont’d



Seniors Living Development …(Cont’d) State Environmental Planning Policy Seniors Living 2004: The Seniors Living SEPP 2004 is relevant to Council’s consideration of this proposal. This Policy encourages provision of housing to meet the needs of seniors (or people with a disability) utilising existing infrastructure and services. The Policy allows planning controls (that may prevent development for seniors or people with a disability) to be “set aside”. It establishes design principles to achieve built form that responds to the characteristics of the site and requires applicants to provide support services for seniors or people with a disability. For the purposes of the policy, Seniors are defined as people aged 55 years or more.

Sustainability Assessment: • Environment

The application is accompanied by a number of environmental assessments, including: an assessment of those matters under Section 5A of the Environmental Planning and Assessment Act (seven part test), Geotechnical Investigation; Site Contamination Assessment; Bush Fire Hazard Assessment; and Cultural Heritage Assessment.

Cont’d



Seniors Living Development …(Cont’d)

The land is currently cleared with open grassland and some scattered vegetation along the boundary of the site. This vegetation consists mostly of Camphor Laurel and some scattered native vegetation. The subject site is not identified in the Coffs Harbour City Koala Plan of Management and does not contain Koala Habitat. The seven-part test submitted with the application establishes that there will be no significant effect on any threatened species and as such a Species Impact Statement is not required. There have been no issued raised by Council’s Environmental Services Branch. Preliminary testing for acid sulfate soils concludes that there is no requirement for any treatment and that there is not likely to be any impacts on acid sulfate soils given that there are no major earthworks proposed below 1m. The soil contamination assessment concluded that pesticide and heavy metal concentration levels were within the acceptable levels based on NSW EPA Criteria. Given the limited history of the site and some known uncontrolled fill identified in the report, the Development Consent has been conditioned to require further investigation into this matter prior to the removal of any fill off the site. Following a site inspection by the Coffs Harbour and District Local Aboriginal Land Council, it was determined that the likelihood of observing cultural heritage values would be unlikely and that there were no cultural heritage values associated with the site, thus a full archaeological assessment is not required. The West Coffs Development Control Plan identifies the land as being flood prone. The consent has been conditioned to require the finished level of the ground floor of any building within the development to be a minimum of 13.0m Australian Height Datum. A portion of the site will require land filling, particularly along the eastern boundary of the site in order to raise the land above the 1:100 year flood level. The development will provide landscaping treatment and a boundary fence to minimise impacts on adjacent residents. The site is serviced by a regular bus route to various locations around Coffs Harbour. Some upgrading works will be required for Loaders Lane.

• Social

The urban locality is characterised by detached low density housing, with a mix of single storey residences, predominantly of brick and tile roof construction. An area of Council reserve adjoins the site to the south. Council’s Parks and Recreation Section has agreed to allow a limited Asset Protection Zone (APZ) over part of this reserve. The agreed upon APZ area will not affect critical parts of the reserve, specifically, ten metres either side of a minor watercourse on the land. The proposed development will provide bus shelters along Loaders Lane and landscaped open space areas within the site. It is unlikely that additional population, as a result of the development, will impact existing facilities and services within the locality. The ‘seniors’ living housing will add to the diversity of housing choice in the local community.

Cont’d




The application provides detail concerning availability and access for future ‘seniors’ to shops, banks, retail and commercial services, medical practitioners, etc. The development includes a community centre for which there is to be a consulting room, entertainment, hairdressers, dining room, mailing facility etc. The proposal accords with requirements of the Seniors Living SEPP for access to transport services.

• Economic

The project has an estimated cost of $20 Million. The construction phase will provide short-term local employment, while the ongoing maintenance and operation of the community centre and grounds will provide long-term employment opportunities. The development will add to the diversity of the built form within the locality and contribute to land values. The diversity in housing will provide choice and range in housing affordability.

• Broader Economic Implications

Council has assessed a number of applications under the parameters of The Seniors Living policy. This may be as a result of changing demographics in Coffs Harbour. There are no further broader economic implications to consider.

• Management Plan Implications

There are no impacts of note from the development.

Consultation: The application has been considered by a number of internal Council Technical sections. The application has also been considered by the Local Traffic Advisory Committee, NSW Police Service, and the NSW Rural Fire Service. None of these agencies/committee’s have recommended refusal of the application. Council’s Traffic Advisory Committee has recommended approval of the application subject to arrangements being made for banning of right turns out of Loaders Lane, and provision of a bus shelter and bus lay by in Loaders Lane. The application was advertised and notified in accordance with the requirements of Council’s Notification Development Control Plan. A total of twenty submissions on the proposal have been received. A summary of the issues raised in submissions is provided as Appendix C. The applicant has undertaken community consultation of their own, both before and during the application process. They have provided a “Community Consultation Report” on the consultation undertaken and a copy of this on the development application file. Related Policy and / or Precedents: There are no policies to note. Council has already approved a Seniors Living development for this site.

Cont’d



Seniors Living Development …(Cont’d) Statutory Requirements: Section 79C of the Environmental Planning and Assessment Act 1979 specifies the matters which a consent authority must consider when determining a development application. The consideration of matters is limited in so far as they must be of relevance to the particular application being examined. In this instance the development must comply with the mandatory controls of the Seniors Living SEPP, Clauses 38, 51 to 73. If the application meets the relevant development standards (refer to Clauses 78-81 of the Policy), then they cannot be used as grounds for refusal. The Section 79C evaluation is appended to this report (Appendix A). Issues: • Flooding and Drainage

The Coffs Creek Flood Study was completed in May 2001 and modelled flooding in the Coffs Creek catchment covering the Loader Lane / Shephards Lane area. In 2004 council was preparing the Coffs Creek Floodplain Risk Management Plan and had additional modelling done to look at the impacts, if any, of recent development in the catchment plus the possible impact of filling the subject land. The 2004 modelling results show no increase in flood level downstream of Loaders Lane in the Shephards Lane area due to filling of this land. The conditions of development consent will ensure that flow regimes are maintained as per existing site conditions to prevent increases in flood levels down stream of the development. Stormwater will be directed by shaping grass swales to design levels to carry 1 in 100 year flow within safe depth and velocity parameters. During site works, required sediment and erosion controls will be implemented. There are no expected impacts in relation to the built environment provided that the terms of the Development Consent are adhered to, particularly in relation to stormwater management, sediment and erosion control, bush fire risk management, landscaping, access and road works, flood protection works, and the protection and rehabilitation of Coffs Creek. The proposal directs stormwater to the Coffs Creek system. A Vegetation Management Plan is required for the riparian area of the Creek. Ongoing maintenance is to be undertaken by Council.

• Potential Impacts on Streetscape The site has substantial frontage along Loaders Lane. The development in this location will face existing low density dwellings. The development proposes front setbacks typical of the surrounding area, and is single storey in height. Landscaping is proposed along the frontage of the site. The development is considered compatible with the surrounding streetscape.

• Standard of the Development and Quality of the Housing A number of submissions have raised concern about the standard of the housing that is proposed and the quality of housing that is proposed for residents in the complex.

Cont’d




There is no indication that the development will be of a standard lower than typical low density housing. The complex will be provided with communal open space and recreational areas. The sites location to public transport means that there is easy accessibility to all retail and business services of Coffs Harbour. Living in a complex of this kind means that residents will have access to facilities that may not otherwise be available to them.

• Traffic and Car Parking This application was referred to the Council Traffic Advisory committee as required by State Environmental Planning Policy No. 11 (policy now repealed). The committee considered the traffic impact assessment provided with the application. The main concern of the committee was right turn traffic movements at the intersection of Loaders Lane and Coramba Road. The committee have recommended that right turning movements be banned at this intersection and that works required to do this (sign-posting and line-marking) be made a condition of development consent.

• Potential Impacts on Amenity Concern has been raised about impacts from the development associated with its construction. The concerns raised included impact from noise, dust and erosion. All of these matters are appropriately and adequately addressed by conditions of development approval.

• Privacy and Amenity Along Residential Boundaries The development provides adequate building separation, screening and landscaping treatment to minimise visual and acoustic impacts on adjoining properties and residents within the development. Concerns have been expressed that some boundary fences (between the subject property and adjoining dwellings) are located in incorrect locations due to Camphor Laurel trees existing on the boundary. This issue will be addressed by the developer removing the Camphor Laurel trees and reinstalling boundary fences in their correct locations.

• Bushfire Protection Measures The adjoining public reserve contains vegetation that is mapped as bushfire prone. Seniors Living developments are categorised as Special Fire Protection Purposes under the Rural Fires Act. The most significant bushfire protection issue for this development is the provision of an Asset Protection Zones (APZ). These are areas that have limited “fuel” for bushfires and extend beyond the boundaries of the development site. Council’s Parks and Recreation Section has agreed to allow a limited Asset Protection Zone (APZ) over part of the adjoining reserve. The agreed upon APZ area will not affect critical parts of the reserve, specifically, ten metres either side of a minor watercourse in the reserve. This limit to the APZ means that one individual dwelling unit located in the south-east corner of the site (dwelling 74) can not be provided with the required APZ of 20 metres. This unit cannot be approved at this stage.

Cont’d




The applicants have the opportunity to negotiate this issue with the NSW Rural Fire Service at a later date.

• Other issues - Capacity of Council’s Sewerage System

This matter was raised in a submission. There is capacity for this development within council’s sewerage system.

- Requirement for an Additional Electricity Transformer A submission has expressed concern about the need for an additional electricity transformer to service the development and has questioned the location and size. It is typical for developments of this size and nature to require additional electricity transformers. They are usually small and located in an accessible place within the road reserve or just within the property. It is unlikely that this installation will have any adverse impact on the visual amenity of the area.

Recommendation: 1. That Development Application Number 702/08 for a Seniors Living Development (95

individual Living units, community centre and associated facilities), Lot 4, DP 6522, Loaders Lane, Coffs Harbour, be approved subject to conditions as appended to this report (Appendix B) and the approval terms issued by NSW Rural Fire Service.

2. That those persons who made submissions on this Development Application be informed of Council’s decision.

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Attachments:

APPENDIX A

SECTION 79C EVALUATION Development Application 1902/05 a) the provision of,

(i) any environmental planning instrument, and

• North Coast Regional Environmental Plan

Relevant provisions of the North Coast Regional Environmental Plan include Clause 43 – residential development and Clause 66 – adequacy of community and welfare services. The proposal does not contravene the requirements of Clause 66 as it does not involve the subdivision of land for the purposes of residential development and demonstrates the provision of adequate community and welfare services to service the development. The application also addresses the requirements laid out in Clause 43 of the REP by maximising the density of dwellings without affecting the environmental features of the land; providing road widths that are not excessive for the development; promoting the use of public transport through the provision of bus shelters and adequate access to bus services, hence minimising the dependence on motor vehicles. The Development Consent has been conditioned to require the preparation of an Erosion and Sediment Control Plan to minimise erosion and sediment loss from the development site. The proposal is therefore consistent with the overall aims and objectives of the REP and does not contravene any of the relevant controls.

• State Environmental Planning Policies (SEPP’s)

- State Environmental Planning Policy 11 - Traffic Generating Development

This policy has now been superseded by State Environmental Planning Policy (Infrastructure) 2007. Transitional provisions of the Infrastructure SEPP require that all matters of SEPP 11 be considered until determination. The Development Application was considered by the Traffic Committee. All matters raised by the committee have been addressed either in the proposal or as conditions of consent.

- State Environmental Planning Policy No 55 - Remediation Of Land The application was accompanied by a Geotechnical Report which has been assessed by Council’s Environmental Services Branch. Preliminary testing of the site has demonstrated compliance with the Environmental Protection Authority Criteria. The Development Consent has been condition as per the recommendations from Council’s Environmental Services Branch for the management and removal of uncontrolled fill on the site.

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- State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

∗ The development is for ‘self contained dwellings’ on land zoned for urban

purposes. Pursuant to Clause 17 of the Policy, the proposal is permitted subject to Development Consent.

∗ The application addresses the requirements for location and access to facilities in accordance with Clause 25 of the SEPP, to ensure that there is a transport service available to the residents who occupy the development. The service is to be located at a distance of not more than 400 metres from the site and will take residents to a place located no more than 400 metres from the relevant facilities and services, during daylight hours from Monday to Friday.

∗ The proposal satisfies Clause 26 in relation to bushfire risk. The application complies with the requirements of the document titled Planning for Bush Fire Protection 2006, published by the NSW Rural Fire Service. The Service has been consulted and has issued a Bush Fire Safety Authority subject to conditions, which have been incorporated into the development consent.

∗ The development will be connected to reticulated water and sewerage services in accordance with Clause 27 of the Policy.

∗ Clause 29 of the Policy requires Council to take into consideration the provisions of the Seniors Living Policy: Urban Design Guideline for Infill Development, published by DIPNR March 2004. Under this Policy, in-fill self-care housing is seniors housing on land zoned primarily for urban purposes that consists of 2 or more self-contained dwellings where none of the following services are provided on site as part of the development: meals, cleaning services, personal care, nursing care. The application generally complies with the five sections contained within the guidelines.

∗ Clause 31 requires consideration of the neighbourhood, amenity and

streetscape. The existing context of the locality is characterised by detached low density residential development, with a mix of single storey residences, predominantly of brick and tile roof construction. Council owned and managed Land (6A Open Space Public Recreation) adjoins to the south. Proposed buildings within the development are similar in nature, being single storey brick construction with a tiled roof and outdoor terrace areas. Adequate open space is to be provided in keeping with the current low density nature of the locality. Proposed landscape treatment and setbacks from both frontages to Loaders Lane will ensure that the development fits within the current streetscape.

∗ Clause 32 requires the development to consider visual and acoustic privacy of neighbours in the vicinity and residents of the dwellings by building design and location, screening, landscaping and ensuring that bedrooms within the dwellings are located away from driveways, parking areas and paths.

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The development provides for adequate building separation, screening and landscaping treatment to minimise visual and acoustic impacts on neighbours and residents within the development. The existing residences adjoining the eastern boundary of the site will be set much lower than the proposed development due to required filling of the site to bring it above the 1% flood level, a minimal impact.

∗ Clause 33 – Solar Access and Design for Climate. The development has been designed to maximise orientation to the north and east to ensure solar access for all dwellings.

∗ Clause 34 – Stormwater. The conditions of development consent will ensure that flow regimes are maintained as per existing site conditions to prevent increases in flood levels down stream of the development. Stormwater will be directed by shaping grass swales to design levels to carry 1 in 100 year flow within safe depth and velocity parameters. During site works, required sediment and erosion controls will be implemented.

∗ Clause 35 – Crime Prevention. The application was referred to the NSW Police for a Safer by Design Evaluation. The recommendations from the Service have been incorporated into the Development Consent.

∗ Clause 36 – Accessibility. The development provides safe and obvious pedestrian links to public transport and local facilities. The development also fosters a safe environment for pedestrians and motorist by speed restrictions within the development. Convenient access and parking has been provided within the development for visitors and residents.

∗ Clause 37 – Waste Management. The Development Consent has been conditioned to require the storage areas to comply with Council current Policy and new waste service, incorporating adequate recycling facilities.

∗ The proposal is satisfactory with respect to all other clauses.

- State Environmental Planning Policy (Building Sustainability Index: Basix) 2004 The proposed development complies with all the requirements of this policy.

• Coffs Harbour City Local Environmental Plan 200

The land is zoned Residential 2A Low Density under the Coffs Harbour City LEP 2000. The proposed Self Contained Seniors Living Development is permitted with Development Consent pursuant to Clause 17 of the Seniors Living SEPP 2004. The proposal is in keeping with the aims and objectives of the Low Density Residential zone, which is to provide for the low density housing needs of the population. The relevant controls of LEP 2000 have been considered as follows; - Clause 11 – Tree Preservation. There is no significant vegetation on the subject

site requiring protection and no impacts on threatened and/or endangered flora species. The application has been referred to Council’s Environmental Services Branch and no issues have been raised.

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- Clause 12 – Koala Habitat. There is no koala habitat present on the land. The application has been referred to Council’s Environmental Services Branch and no issues have been raised.

- Clause 13 – Landform Modification. The application satisfies the requirements for

erosion and sediment control, removal of trees, and drainage impacts associated with the development works.

- Clause 14 – Services. Adequate sewerage, water and stormwater infrastructure is

available to the site. - Clause 21 – Heritage. There are no cultural heritage items and/or places on the

land. - Clause 23 – Environmental Hazards. The development is unlikely to adversely

affect the environment with respect to acid sulfate soils or flood prone land. The Development Consent has been conditioned to minimise such risks.

ii. Any draft environmental planning instrument that is or has been placed on public

exhibition and details of which have been notified to the consent authority, and There are no draft environmental planning instruments of relevance to this development.

iii. Any Development Control Plan (DCP)

• West Coffs DCP As the proposal is for a Seniors Living Development assessed under the SEPP, the controls of this DCP are not relevant to this application.

• Low Density Housing DCP As the proposal is for a Seniors Living Development assessed under the SEPP, the controls of this DCP are not relevant to this application. The development has, however, satisfied the requirements of this Policy, save minor departures from the landscaping requirements.

• Access and Mobility DCP Due to the nature of the application and requirements of the Seniors Living SEPP, the proposed development complies with the requirements of this Policy.

• Off Street Car Parking DCP As the proposal is for a Seniors Living Development assessed under the SEPP, the controls of this DCP are not relevant to this application. The development has, however, satisfied the requirements of this Policy.

• Landscape Information Sheet Concept landscape plans have been accepted by Council’s City Parks Branch.

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iv. the regulations (to the extent that may prescribe matters for the purpose of this paragraph), that apply to the land to which the development application relates. The land is not within the Coastal Policy Zone as defined by the NSW Coastal Policy 1997, thus there are no relevant controls specified in the Clause 92 of the Environmental Planning and Assessment (EP&A) Regulation 2000.

b) the likely impacts of that development, including environmental impacts, on both the natural and built environments, and social and economic impacts on the locality. Impacts on the natural environment likely to result from the development have been discussed in the Planning Report. There are no expected impacts in relation to the built environment provided that the terms of the Development Consent are adhered to, particularly in relation to stormwater management, sediment and erosion control, bush fire risk management, landscaping, access and road works, flood protection works, and the protection and rehabilitation of Coffs Creek.

c) the suitability of the site for the development. The land has been vacant for many years, within an existing urban locality. The proposed development will result in similar streetscape and character and improve the overall amenity of the area. The site can be adequately serviced in terms of physical infrastructure and social services. These aspects have been discussed further in the Planning Report.

d) any submission made in accordance with this Act or the regulations. Appendix C provides a summary of the submission made to Council following the notification and exhibition of the application. All of the issues have been addressed in other parts of this report.

e) the public interest. There have been no public meetings or inquiries held in relation to the proposed development. The public interest is likely to benefit from the development as the demand for Seniors Living housing increases. The development has been assessed for compliance with the relevant and applicable planning controls and found to comply. Such assessment ensures that the public interest is protected.

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APPENDIX B

PROPOSED CONDITIONS OF DEVELOPMENT CONSENT

Development in accordance with approved plans: 1. The development is to be implemented in accordance with the plans and supporting

documents set out in the following table except where modified by any conditions of this consent.

Plans of Stanton Dahl Architects with the following reference:

• DWG NO. A00 /1 • DWG NO. A01 /1 • DWG NO. A100 /1 • DWG NO. A101 /1 • DWG NO. A102 /1 • DWG NO. A103 /1 • DWG NO. A104 /1 • DWG NO. A105 /1 • DWG NO. A200 /1 • DWG NO. A201 /1 • DWG NO. A202 /1 • DWG NO. A203 /1 • DWG NO. A204 /1 • DWG NO. A205 /1 • DWG NO. A206 /1 • DWG NO. A300 /1 • DWG NO. A301 /1 • DWG NO. A400 /1 • DWG NO. A500 /1

In the event of any inconsistency between conditions of this development consent and the plans/supporting documents referred to above, the conditions of this development consent prevail. The approved plans and supporting documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

Dwelling 74 not approved 2. This consent does not approve construction of dwelling 74 due to requirements of the NSW

Rural Fire Service Construction Certificate: 3. Work on any building must not commence until such time as a Construction Certificate has

been obtained and Council has been notified of the Principal Certifying Authority. Application for Sanitary Plumbing and Drainage 4. A separate application is to be made to Council by the licensed plumber and drainer prior to

the commencement of any sanitary plumbing and drainage work on site.

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Access and Services: 5. The following works:

• Half width construction of Loaders Lane to provide an 8m wide carriageway for the frontage of the site. Full width construction of Loaders Lane from the southern boundary of the site to the northern entry to the development site. Works to include footpath, kerb and gutter, and stormwater drainage.

• Provision of bus bays and bus shelters in Loaders Lane.

• Regulatory signposting and line marking being installed at the intersection of Loaders Lane and Coramba Road to ban right turn movements out of Loaders Lane. Plans of the proposed work are to be submitted to Council for approval. Details of the proposed turn ban are to be provided to residents of the Loaders Lane catchment for comment prior to submission of plans to Council

• Entry driveway design to incorporate measures to minimise impact on adjoining and opposite properties.

• Reconstruction of watermains in ductile iron where under roadways and bridges.

• Construction of drainage channels and/or pipes to safely convey stormwater runoff through the site.

• Provision of stormwater treatment control measures to limit post development stormwater pollutant levels to pre-development levels (including suspended sediments, nutrients, and heavy metals).

• Footpath, in accordance with Council's Plan No. 2011007, being constructed along the full frontage of the site and from the development site to existing footpaths at Shephards Lane. The footpath is to be in concrete unless Council's approval is obtained for any alternative footpath treatment.

All works conforming with the standards and requirements set out in Council’s Technical Guidelines for Subdivision and Development. These works are to be completed prior to the occupation of the development.

No engineering works are to be undertaken until plans and specifications have been approved by Council.

All work is to be at the developer’s cost.

Plans and specifications submitted later than six (6) months from the date of development approval shall comply with the Technical Guidelines for Subdivision and Development current at a date six (6) months prior to such submission.

Works within Easement for Water Supply 6. The proposed bowling green / village green shown within the easement for water supply is not

approved. Any works in the easement will require separate, Council approval with detailed engineering plans being provided.

Staging of Development:

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7. This development consent acknowledges that the construction of the project will be staged.

Stage One works to comprise:

• Twelve independent living units; • First part of Community facilities building incorporating a café, village shop, community

room, consultation; • Room, hair salon, medical consulting room and associated administrative areas; • 9 new parking bays including 1 disabled;(adjacent community centre); • New Village green; • New Crossovers leading into the village; • Culvert for storm water overland flow; • Pipe upgrades where ring-road crossover easement; • New bus stop and shelter; • New boundary landscaping; • New kerb & gutter on Loaders Lane; • Loader Lane ½ width road reconstruction; • Installation of village Padmount Sub-Station Transformer; • Landform modification and earthworks for stages 1 and 2; • Associated landscaping, roadworks and infrastructure servicing.

Stage Two works to comprise:

• Thirteen independent living units; • 4 new parking bays;(adjacent unit 21); • Landform modification; • Associated landscaping, roadworks and infrastructure servicing.

Stage Three works to comprise:

• Eleven independent living units; • 1 new parking bays; (central area); • 5 new parking bays including 1 disabled; (adjacent unit 95); • New boundary landscaping; • Statement of Environmental Effects, Seniors Living – Loaders Lane Coffs Harbour 13; • Resource Design & Management Pty Ltd 07041 SEE281107.doc; • New kerb & gutter on Loaders Lane; • Loader Lane ½ width Road reconstruction; • Centre Areas, Landscape and civil; • Full ring road for site servicing and traffic; • Landform modification and earthworks for stages 3 and 8; • Associated landscaping, roadworks and infrastructure servicing; • Garden Workshop and Men’s Workshop as shown on the submitted staging plan; • Landscape works associated with the dwellings, including communal areas and waste

storage areas.

Stage Four works to comprise:

• Eleven Independent Living Units; • 5 new parking pays including 1 disabled; (adjacent unit 47); • New boundary landscaping; • New kerb & gutter on Loaders Lane; • Loader Lane ½ width road reconstruction;

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• Associated landscaping, roadworks and infrastructure servicing.

Stage Five works to comprise:

• Sixteen Independent Living Units; • Second part of Community facilities building incorporating a multi function room, computer

room, billiard; • Room, amenities, servery bar and administrative rooms; • Community workshop & community pool; • Associated landscaping, roadworks and infrastructure servicing.

Stage Six works to comprise:

• Eleven independent living units; • Reinforced block-work retaining wall on south-east corner of site; • Associated landscaping, roadworks and infrastructure servicing.

Stage Seven works to comprise:

• Eleven independent living units; • New boundary landscaping; • New kerb & gutter on Loaders Lane; • Loader Lane ½ width road reconstruction; • Associated landscaping, roadwork’s and infrastructure servicing.

Stage Eight works to comprise:

• Ten independent living units; • Associated landscaping, roadwork’s and infrastructure servicing.

Occupation of the Development:

8. No dwelling or building forming part of Stage One being occupied until all works forming part of

Stage One have been completed to Council’s satisfaction. 9. No dwelling forming part of Stages Two, Three, Four Five Six, Seven or Eight being occupied

until associated facilities have been completed to Council’s satisfaction. Landscaping Treatment: 10. A detailed landscaping plan for all unbuilt-on areas of the site being submitted to and approved

by Council prior to issue of the Construction Certificate.

The plan must be prepared and certified by a qualified architect, landscape architect or professional landscape consultant. The plan is to comply with Council's Landscaping Guidelines, and is to incorporate measures to ensure the maintenance and survival of the landscaping. All landscaping is to be carried out in accordance with the plan and maintained in accordance with the plan at all times.

The landscape Plan is to include species location, plant details, pot size and number, maintenance details, and fencing details.

All landscaping works, in accordance with the approved plan, are to be completed, with certification of completion being provided, prior to occupation.

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Street Tree Planting: 11. A Street Tree Master Plan is to be submitted to Council showing street tree planting, which has

been prepared in accordance with the requirements of Council’s “Street Tree Master Plan”.

The Plan shall be prepared by a qualified landscape architect or professional landscape consultant.

The Plan must show all services and have a planting detail that has street trees of a minimum size of 2m height with a 50mm calliper diameter in a 25 litre container protected by a 750mm square tree guard made from a 3m “Acacia” panel painted “Caulfield Green” and supported by two 2100mm black star picket posts, slow release fertiliser, a 125mm flexible agricultural pipe filled with 14mm blue metal for watering and 100mm of mulch. Alternatively a higher standard may be considered for tree protection.

The Plan is to be approved by Council and the planting proposed by the Plan carried out to its satisfaction, prior to the issue of a Construction Certificate.

The plantings are to be maintained for twelve months in accordance with Council’s Street Tree Master Plan to ensure successful establishment and development. A bond of $185 per tree is to be paid to Council prior to the issue of a Construction Certificate. The bond will be returned at the end of the twelve months maintenance period provided plantings have established successfully. At the end of the maintenance period Council will replace plantings that have failed at a rate of up to $185 per tree taken from the bond.

Works-as-executed plans shall be provided to Council in Digital CAD or Arcview format prior to issue of the Construction Certificate.

Fencing: 12. A 1.8 metre high timber paling fence being constructed along the eastern boundary of the site

prior to the occupation of any building forming part of Stage One works. Full cost of fencing construction being met by the developer. Fencing height and construction may vary if written agreement is reached with Council and the owners of adjoining properties and details of the variation being submitted to Council for approval prior to construction.

Rainwater Tank Approval: 13. A separate application is to be submitted to Coffs Harbour Water for approval prior to the

installation of the proposed rainwater tank and any associated plumbing. Evidence confirming that the approval of Coffs Harbour Water has been obtained must be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Vegetation Management Plan: 14. A Vegetation Management Plan (VMP) being prepared for Coffs Creek and Riparian area

abutting the development site and approved by Council prior to the issue of any Construction Certificate. In particular:

• The VMP is to identify and map all native vegetation to be retained in these areas and shall

outline the methodology of ongoing management, detailing initial and follow up maintenance works required.

• Identify all noxious and environmental weeds as listed on Council’s Website and outline the methodology of ongoing management, detailing initial and follow up maintenance works required.

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• Detail riparian restoration for Coffs Creek including long sections, cross sections, local prevenance plant species, densities, zonation of plantings and quantities.

• Include timing of works relative to the development, with all works being completed prior to the issue of the Stage One Occupation Certificate for the development.

Stormwater Management: 15. Stormwater being drained to Council's drainage system or Coffs Creek. Design details of the

system being approved by Council prior to issue of the Construction Certificate. The on-site drainage system is to be designed in such a way that the estimated peak flow rate from the site for the design average recurrence interval (ARI) of the receiving system is no greater than that which would be expected from the existing development. Calculations showing the effect of the proposed development on design storm run-off flow rates and the efficacy of proposed measures to limit the flows as set out in this condition are to be submitted with the design details. These works are to be completed prior to occupation of the development unless other arrangements satisfactory to Council for their completion at some other time are made.

Flooding – Minimum Floor Level: 16. The finished level of the ground floor of all buildings is to be a minimum of 12.8 metres

Australian Height Datum and a registered surveyor's certificate certifying such level is to be submitted to the Principal Certifying Authority prior to works proceeding beyond ground floor level.

Separate Water Meters: 17. Individual water meters are to be provided to all units and common areas. A water reticulation

plan is to be submitted to Council for approval prior to water fitting work commencing. Sediment and Erosion Control: 18. Submission to Council, prior to issue of the Construction Certificate, of an Erosion and

Sediment Control Plan, together with a management strategy, certified by a qualified Environmental or Engineering Consultant to be in accordance with the Landcom publication "Managing Stormwater; Soils and Construction" (the "Blue Book", 4th Edition, 2004). Erosion and sedimentation controls to be implemented, managed and maintained during all development construction works.

During the construction stage a qualified Environmental or Engineering Consultant is to ensure that the erosion and sedimentation controls are appropriate for the site and current stage of construction.

No clearing or stripping works to be undertaken on the site until the Erosion and Sediment Control Plan has been implemented.

Prior to the issue of the Stage One Occupancy Certificate the site shall be stabilised to the Principal Certifying Authority's satisfaction which, as a minimum, shall be at least 50% grass cover or application of mulch or hydroseeding to all disturbed areas.

Disability Access and Facilities: 19. Access and facilities to all communal buildings and spaces for disabled persons being provided

in accordance with the Building Code of Australia provisions. The developer’s attention is drawn to the provisions of the Disability Discrimination Act 1992.

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Hours of construction: 20. Construction works are to be limited to the following hours:

• Monday to Friday 7.00am - 6.00pm • Saturday 7.00am - 1.00pm if inaudible from adjoining residential

properties, otherwise 8.00am - 1.00pm • Sunday and Public Holidays No construction work is to take place.

No burning: 21. Open air burning of tree loppings, stumps and other vegetation arising from the development

works is prohibited. Dust Control: 22. Effective measures shall be taken to suppress dust emissions during the course of

development, with details of dust control being submitted to Council for approval prior to issue of the Construction Certificate.

Fill: 23. Countor plans indicating the location of proposed fill areas in the development being submitted

to Council for approval prior to commencement of work.

All fill being placed in accordance with the requirements of Council’s Technical Guidelines for Subdivision and Development and the approved Sediment and Erosion Control Plan.

Prior to the release of the Construction Certificate for buildings, a final contour plan is to be submitted to Council showing the location, depth and type of fill located on the site.

Imported Fill: 24. Any fill to be imported onto the site shall be validated and shall satisfy classification as virgin

excavated natural material (VENM) in accordance with the NSW Environment Protection Authority Guidelines. Results of validation shall be submitted to Council for consideration prior to the release of the Construction Certificate for buildings.

Acid Sulfate Soils: 25. Further investigation is to be undertaken into acid sulfate soils where excavations are proposed

at depths beyond 1m below natural ground level. Details of Acid Sulfate Soils management arrangements being submitted to Council and approved prior to the commencement of any earthworks beyond 1m below natural ground level. This aspect of the development is to be completed prior to the issue of any Construction Certificate.

BASIX: 26. Under Clause 97A(3) of the Environmental Planning & Assessment Regulation 2000, it is a

condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. All BASIX commitments are to be satisfied prior to occupation of the development.

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Covenant on Title: 27. A Covenant being placed on the title of the site comprising the self contained dwellings

restricting the occupancy to seniors or people who have a disability as defined in State Environmental Planning Policy (Seniors Living) 2004. The Covenant is to be effected prior to the issue of any Occupation Certificate, with details being submitted to Council for information purposes. The Covenant is not to be removed or altered without the prior approval of Council, Coffs Harbour City Council being party to the covenant.

Aboriginal Cultural Heritage: 28. In the event that Aboriginal artifacts or relics are located during construction works all works

must cease and the Department of Environment and Conservation (NPWS) notified forthwith. Construction Signs: 29. A sign indicating the name, address and telephone number of the Principal Certifying Authority,


Street Lighting 30. Street Lighting being provided to the requirements of Country Energy with all work being

completed prior to issue of the first Occupation Certificate. Electricity and Telephone 31. The development being provided with underground reticulated electricity and telephone cables.

The applicant shall provide a letter from Country Energy stating that satisfactory arrangements have been made for the supply of electricity and a letter from Telstra stating that satisfactory arrangements have been made for telecommunications infrastructure in the development. These letters are to be provided to Council prior to the issue of the first Occupation Certificate.

Lighting: 32. All pathways providing access within the development site being illuminated to the relevant

Australian Standard, to provide at least 10 lux at ground level and located so as to avoid glare for pedestrians and adjacent dwellings, with details being prepared by an electrical engineer, to be submitted with the Construction Certificate application, the works being completed prior to the issue of the relevant Occupation Certificate.

Easement requirements: 33. An easement entitling the Council, its servants and agents and persons authorised by it, to

enter upon the subject land and to operate vehicles and other equipment for the purpose of garbage and recycling collection, shall be granted to the Council by the owner of the subject land at the cost of the applicant, prior to any occupation of the development.

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Such easement shall be in a form acceptable to the Council and shall include covenants to the effect that in the absence of negligence on the part of the Council, its servants, agents and those authorised by the Council to enter the subject property, they will not be liable for any damage caused to the subject land or any part thereof, or to any property located therein by reason of the operation of any vehicle or other equipment used in connection with the collection of the garbage and recycling and to the effect that the owner for the time being of the subject land shall indemnify the Council, its servants, agents and persons authorised by it, to collect garbage and recycling against liability in respect of such claims made by any person whomsoever.

Design Certificate – Dwellings: 34. A design certificate to the effect that dwellings to be constructed on the site satisfy the

provisions of Division 4 – “Self-contained dwellings – standards concerning access and useability” of State Environmental Planning Policy, Seniors Living 2004 being submitted by the building designer with the Construction Certificate application for the dwellings.

Approval to Discharge Trade Waste 35. An Application for Approval to Discharge Trade Waste to Sewer under Section 68 of the Local

Government Act, being submitted to Council and approved, prior to release of the construction certificate.

The application must provide relevant details of trade waste generation and proposed pre-treatment of trade waste (where required). Council’s Trade Waste Officer should be contacted for further information before the application is made. All trade waste discharges are to conform with effluent acceptance criteria as stipulated in Council’s Trade Waste Policy (Schedule A) and/or any standards applied by the NSW Department of Energy Utilities and Sustainability for the discharge. Certification, from a plumber or other appropriately qualified person that all trade waste plumbing and trade waste pre-treatment measures are installed in accordance with the approval, is to be provided to Council prior to occupation

Water and Sewerage Services: 36. 205.The Construction Certificate not being released until a Certificate of Compliance pursuant

to Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000 evidencing that adequate arrangements have been made for the provision of water and sewerage services to and within the development is produced to Council.

The current contribution rate is:

Amount/unit$

Total$

Works to satisfy increased demand within the area for 95 Dwellings

Water Headworks 2,582.27 245,315.65 Reticulation 979.48 93,050.60

Sewer Headworks 851.29 80,872.55 Reticulation 1,580.97 150,192.15

Sub total Less credit for 1 lot

569,430.9511,188.84

TOTAL AMOUNT PAYABLE 558,242.11

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Developer Contributions: 37. Payment to Council of contributions, at the rate current at the time of payment, towards the

provision of the following public services or facilities:

Note 1 - The contributions are to be paid prior to release of any Construction Certificate unless other arrangements acceptable to Council are made.

Note 2 - The rates will be adjusted in accordance with the procedures set out in Council's

Section 94 Contributions Plans. The applicant is advised to confirm the contribution rate applicable at the time of payment as rates are revised at least annually.

Note 3 - If the development is to be staged, contributions are to be paid on a pro rata basis in

respect of each stage. $ Per Dwelling

- Coordination and Administration 176.27 - Coffs Harbour Road Network 966.23 - Surf Rescue Equipment 49.43 - Library Resources 133.86 - Beach Protection Works 117.72 - Regional Open Space 485.98 - District Open Space 372.45 - Neighbourhood Open Space 411.31 - Donn Patterson Drive 636.45 - Coffs Creek Drainage Works 481.75 - Community Facilities 368.86 - Loaders Lane Intersection 338.64

The Section 94 contribution is currently $422,727.55 for the 95 dwelling development. This includes a 1 lot rate credit of $ 8,472.70

Contributions have been imposed under the following plans: • Regional, District & Neighbourhood Facilities & Services 2008. • Coffs Harbour Road Network 2008. • Surf Rescue Equipment 2008. • West Coffs Harbour 2008. The Contribution Plans may be inspected at the Council Administration Offices, 2 Castle Street, Coffs Harbour or on Council’s web site, www.coffsharbour.nsw.gov.au.

Dedication: 38. The dedication of a 6m x 6m splay corner at the north western corner of the site as road.

Dedication to be effected prior to occupation of the development at no cost to Council.

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APPENDIX C

Summary of Issues Raised in Submissions

1. Impacts on flooding within the locality. 2. Drainage impacts to the area and the capacity of Council’s existing storm water drainage

system to cater for additional storm water from the development. 3. Impact from the development on existing streetscape. 4. Density too high. 5. Limited recreation areas within the development. 6. Will be housing slums. 7. Limited standard of living for residents. 8. Concern for health and safety of residents. 9. Compliance with the Seniors Living State Policy. 10. Concerns about garbage storage. 11. Insufficient car parking within the development that may result in overflow car parking onto

Loaders Lane. 12. Impact from construction traffic. 13. Provision for bus stops. 14. Need for additional street lighting. 15. Impact from additional traffic. 16. Capacity of the Coramba Road / Loaders Lane intersection. 17. Requirement for footpaths. 18. Staging of works. 19. Need for sediment and erosion control. 20. Need for dust control. 21. New fencing along property boundaries. 22. Location of existing boundary fences. 23. Capacity of Council’s sewerage system. 24. Electricity supply and location of new transformer.


L12 DRAFT COFFS HARBOUR CITY LOCAL ENVIRONMENTAL PLAN 2000 (AMENDMENT NO. 26) - LANDS ADJOINING COFFS HARBOUR HEALTH CAMPUS

Purpose: To report on the results of the exhibition of a draft rezoning, applying to lands adjoining Coffs Harbour Health Campus. The report recommends that Council adopt Coffs Harbour City Local Environmental Plan (LEP) 2000 (Amendment No. 26) and forward it to the Department of Planning (DoP) for gazettal. The draft Amendment is attached to this report. Description of Item: On 6 September 2007, Council resolved to place this draft Amendment on public exhibition. The following actions were subsequently undertaken: 1. Relevant Government Authorities and Agencies were consulted under Section 62 of the

Environmental Planning and Assessment (EP&A) Act 1979. Eleven comments were received from Government Agencies up to 18 December 2007, and the submissions were exhibited with the draft Amendment.

2. The DoP requested information from Council, to address the potential impacts of flood prone

land. Subsequently, Council received permission from the DoP to proceed with the exhibition on 5 February 2008.

3. Council issued the Section 65 Certificate, under delegated authority from the DoP, on 13

February 2008. The draft Amendment, and all supporting documents, were exhibited from 21 February 2008 to 19 March 2008. No submissions were received from the community during the exhibition period. Prior to exhibition, the DoP indicated that gazettal of the draft Amendment would only occur following resolution of potential flooding issues which apply to the land. The flooding issues, and subsequent actions, will be discussed later in the “Issues” section of this report. The rezoning is required to: • recognise use of part of the land as integrated with Coffs Harbour Health Campus;

• enable a wider range of land uses on land, which is Council-owned; and

• establish environmental buffers and protection areas for existing threatened species habitat. The draft Amendment has been modified following consideration of flooding issues and is attached for Council’s consideration. Coffs Harbour City LEP 2000 – Zoning Provisions: • Current Land Use Zones

The current zones are shown on the following map:

Cont’d


L12 Draft Coffs Harbour City Local Environmental Plan 2000 (Amendment No. 26) - Lands

Adjoining Coffs Harbour Health Campus …(Cont’d)

• The Rezoning Proposal (following amendment of the draft Amendment):

Cont’d



Adjoining Coffs Harbour Health Campus …(Cont’d) Sustainability Assessment: • Environment

This rezoning proposal will provide two key elements which will have ensuing environmental benefits: - Protection of Primary Koala Habitat; and - Creation of riparian buffers on the southern boundary of Newports Creek.

• Social

The ability of the land to support a wider range of community uses will provide a range of social benefits to the local community. The proposed protection of designated Primary Koala Habitat will have associated social benefits, as the koala population is important to the community and for future generations to enjoy. Council’s implementation of the Koala Plan of Management (KPoM) (1999) reinforces Council’s commitment to the long-term future of the City’s koala population.

• Economic

Broader Economic Implications

The LES was funded from Council’s Development Reserve. The proposed rezoning of part of the land to Special Uses 5A Community Purposes will allow for a wider range of land uses, many of which may generate economic growth or create employment opportunities. The land east of the Health Campus will remain as Council owned land under the provisions of the draft rezoning. Management Plan Implications There are no implications relating to Council’s 2006-2009 Management Plan.

Consultation: • Public Consultation and Exhibition of the draft Amendment

Government Departments and Agencies Under the provisions of the EP&A Act 1979, Government Departments and agencies were approached seeking input to the proposed rezoning. This was carried out prior to the public exhibition of the proposed rezoning. Council received responses from: - Department of Health - Department of Primary Industry - NSW Department of Sport and Recreation

Cont’d




- Department of Environment and Climate Change - Heritage Council - Coffs Harbour and District Local Aboriginal Land Council - Northern Rivers Catchment Management Authority - Marine Parks Authority - Department of Commerce - Roads and Traffic Authority - Rural Fire Service. All submissions received generally expressed support for the plan. A submission from the Department of Environment and Climate Change (DECC) recommended the following:

“That a minimum 50 metre riparian buffer be maintained and rehabilitated along the as-yet undeveloped sections of Newports Creek, and, if possible, a similar width rehabilitated along the already developed hospital site. The riparian strip should be wider if required to incorporate extant vegetation. This strip, as well as the Endangered Ecological Communities (EEC), should be zoned Environmental Protection 7A Habitat and Catchment.”

Comment: The Local Environmental Study (LES) upon which the proposed rezoning is based has identified the southern bank of Newports Creek as being environmentally and archaeologically sensitive. The LES has recommended that: - The riparian zone along the southern bank of Newports Creek, located within Lot 1,

DP1092544 and Lot 211, DP805884, should be rezoned from Open Space 6A Public Recreation zone (zone 6A) to Environmental Protection 7A Habitat and Catchment zone (zone 7A) to protect the riparian vegetation and Primary Koala Habitat.

The draft Amendment reflects this request, however it is considered that the existing buffer of 20 metres is sufficient for riparian protection, as per the recommendations of the LES. No amendment is therefore justified. The DECC has also stated:

“It is also strongly recommended that the remnant EEC be linked to the riparian strip by a revegetated corridor at least 50 metres wide, also zoned for Environmental Protection.”

Comment: It is considered that this linkage has been adequately achieved by the link of Environmental Protection land, located south of the Health Campus’ Cancer Care Unit. This link was established by a previous LEP Amendment. No change to the existing link is therefore justified. All other agencies advised Council that they had no objection to the draft Amendment.

Cont’d



Adjoining Coffs Harbour Health Campus …(Cont’d) • Exhibition of the draft Amendment

Consultation within Council The draft Amendment was prepared with input from Council’s City Services and Corporate Business Departments. The draft Amendment was circulated to all Council departments over the course of the exhibition period. Council’s City Services Branch provided comment regarding the rezoning affecting flood prone land. This will be discussed later in this report. Public Consultation This draft Amendment was publicly exhibited in accordance with the requirements of the EP&A Act 1979. No public submissions to the draft Amendment were received. Council owned land As Council owns part of the land, the draft Amendment was exhibited in accordance with the DoP’s “Best Practice Guidelines”, to ensure the transparency of the rezoning process to the community.

Related Policy and / or Precedents: The following policies and statutory requirements have been considered in the preparation of this draft Amendment: • Coffs Harbour City LEP 2000; • NSW Coastal Policy 1997; • State Environmental Planning Policy No. 71 – Coastal Protection; • Environmental Planning and Assessment Act 1979; • North Coast Regional Environmental Plan 1988; • Coffs Harbour City Council – Koala Plan of Management; • Threatened Species Act; • Boambee – Newports Creek Flood Study; • Acid Sulfate Soils; and • Draft Mid North Coast Regional Strategy. The proposed rezoning is consistent with Council’s policies and does not set an undesirable precedent. Issues: • Flood Prone Land Issue - Coffs Harbour Motor Sport Facility

The proposed rezoning initially included the Motor Sport Facility to be rezoned to Special Uses 5A Community Purposes to allow for wider permissible community uses. During the exhibition period, Council was notified by the DoP of their requirement for Council to finalise its Flood Risk Management Plan before forwarding the draft Amendment to the DoP for gazettal. Council’s City Services Department has advised that the land is flood prone and subject to the potential impact of Climate Change.

Cont’d




Comment: To address the concerns of the DoP regarding the limitations imposed on the site due to potential flooding and climate change impacts, it is recommended that this part of the land retain its current zoning of Open Space 6A Public. The draft Amendment has been amended accordingly to reflect this recommendation.

• Access to Coffs Harbour Health Campus from Stadium Drive This rezoning proposal allows for the establishment of a formal secondary access to the Health Campus, via Stadium Drive and Phil Hawthorne Drive. Comment: The Department of Health Masterplan, which is included in the LES, supports this secondary access, and the Department of Health has notified Council that it has no objection to the proposed rezoning.

Implementation Date / Priority: If Council resolves to adopt the proposal, the LEP Amendment will be forwarded to the DoP for gazettal. Conclusion: If Council adopts Coffs Harbour City LEP 2000 (draft Amendment No. 26), the zoning of the land will provide: • Appropriate zoning for the Cancer Care Unit at Coffs Harbour Health Campus;

• Protection of the environmental values of the land and the southern bank of Newports Creek; and

• Allow for an essential secondary access to the Health Campus from Stadium Drive, if the existing access from the Pacific Highway is not possible due to accident or unforeseen circumstances. This rezoning also maintains consistency with the Department of Health Masterplan for Coffs Harbour Health Campus.

Recommendation: 1. In accordance with Section 68 of the Environmental Planning and Assessment Act

1979, Coffs Harbour City Local Environmental Plan 2000 (draft Amendment No. 26) (as attached to this report) be submitted to the Department of Planning for gazettal.

2. That parties who made a submission to Coffs Harbour City Local Environmental Plan

2000 (draft Amendment No. 26) be informed of Council’s decision.

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Attachments:

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

DRAFT COFFS HARBOUR CITY LOCAL ENVIRONMENTAL PLAN 2000

(AMENDMENT NO. 26) I, the Minister for Planning, in pursuance of section 70 of the Environmental Planning and Assessment Act 1979, make the local environmental plan set out hereunder. (G95/00209-3)

Minister for Planning Sydney, 2008

_______________________ 1. Name of Plan

This plan is Coffs Harbour City Local Environmental Plan 2000 (Amendment No. 26). 2. Aims, objectives etc

This plan aims to rezone land in Coffs Harbour local government area: • to allocate the most suitable zone for existing health facilities;

• to protect the southern riparian bank of Newports Creek and nearby native vegetation and habitat areas; and

• to allow for a wider range of land uses which will be used for community purposes. 3. Land to which plan applies

This plan applies to land within the Coffs Harbour City, as shown edged heavy black in the map marked Coffs Harbour City Local Environmental Plan 2000 (Amendment No. 26) deposited in the office of the Council.

4. Amendment of Coffs Harbour City Local Environmental Plan 2000

Coffs Harbour City Local Environmental Plan 2000 is amended as set out in Schedule 1.

_______________________ SCHEDULE 1 - AMENDMENTS [1] Part 6 - Dictionary

Inserting in Part 6 – Dictionary, in appropriate order in the definition of the map the following words:

“Coffs Harbour City Local Environmental Plan 2000 (Amendment No. 26)”

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L13 AMENDMENT TO BUSINESS LANDS DEVELOPMENT CONTROL PLAN

Purpose: The purpose of this report is to seek Council’s approval to exhibit an amendment to the Business Lands Development Control Plan (DCP) as a result of the recent gazettal (24 April 2008) of Coffs Harbour City Local Environmental Plan (LEP) 2000 – Amendment No. 31 (Halls Road). This Amendment applied to the following land parcels.

Background: Council, at its Committee Meeting held on 1 November 2007, resolved as follows with respect to Amendment No. 31 to LEP 2000:

1. Council note that staff are liaising with the Roads and Traffic Authority, the Department of Planning and the landowners’ planning consultant to assist in the gazettal of Draft Local Environmental Plan No. 31 – Halls Road as expeditiously as possible.

2. Council endorse, in principle, the use of a Developer Principles Plan and

modification of the Business Lands Development Control Plan upon gazettal of the subject lands.

Description of Item: A Development Principles Plan (DPP) has been prepared to guide the development of the Halls Road Business Precinct. The preparation of the DPP was necessitated as a result of concerns raised by the Roads and Traffic Authority (RTA) during the rezoning of lands within Amendment No. 31. The main point of consideration by the RTA was the upgrade required for the Pacific Highway/Halls Road intersection. A letter was received from RTA on 10 December 2008 advising that the RTA has no objection to the use of the DPP.

Cont’d


L13 Amendment to Business Lands Development Control Plan …(Cont’d) The key principles of the DPP that will apply to development proposals within the Halls Road Business Precinct are: • development is to provide a positive contribution to the streetscape of Halls Road and the

Pacific Highway; • development is to provide for the safe and efficient ingress and egress to and from sites for

vehicles, pedestrians and cyclists; and • development is to be in accordance with Council’s Stormwater Management Plan. The above development controls as well as other site specific controls are to be incorporated into the Business Lands DCP. The Business Lands DCP is provided as an attachment to this report. The following amendments have been made to the subject DCP: • Preamble (page 1) – the inclusion of “Appendix A depicts a Development Principles Plan. All

development proposals in the Halls Road Business Precinct must comply with these controls”.

• Appendix A (page 6) – Development Principles Plan. Sustainability Assessment: • Environment

The incorporation of the DPP into the Business Lands DCP will not have any significant adverse impact on the environmental sustainability of the lands within the Halls Road precinct. The DPP requires the rehabilitation of the drainage channel and that all stormwater drains run under the highway and discharge into the existing open channel on the eastern side of the Highway.

• Social

The inclusion of the DPP into the Business Lands DCP will provide additional opportunities to establish better pedestrian and cycle links within the Halls Road area.

• Economic

Broader Economic Implications

It is not envisaged that there will be any significant adverse economic impact as a result of the incorporation of the DPP into the Business Lands DCP.

Management Plan Implications There are no likely management plan implications envisaged as a result of the incorporation of the DPP into the Business Lands DCP.

Consultation: In accordance with statutory requirements, any proposed amendment to the subject DPP will need to be publicly exhibited for at least 28 days.

Cont’d


L13 Amendment to Business Lands Development Control Plan …(Cont’d) Related Policy and / or Precedents: This review has been undertaken in accordance with Council’s resolution of 1 November 2007 and the Environmental Planning and Assessment Regulations 2000. Statutory Requirements: The amendment to the Business Lands DCP has been prepared in accordance with the provisions outlined in the Environmental Planning and Assessment Act 1979 and associated Regulations. Implementation Date / Priority: Should Council adopt the amended Business Lands DCP, it will need to be exhibited for a minimum of 28 days. Following the close of the exhibition period, should Council receive no submissions, this will be notified in a local newspaper advising the public that the amended DCP must now be complied with when lodging development applications. Recommendation: 1. That Council exhibit the Draft Business Lands Development Control Plan (provided as

an attachment to this report) for at least 28 days in accordance with the provisions of Division 2, Clause 18 of the Environmental Planning and Assessment Regulations 2000.

2. If no submissions are received during the exhibition period that the amended

Business Lands Development Control Plan come into force after completion of the exhibition period.

Mark Salter Director Land Use, Health and Development

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Attachments:

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