Attachments of Development Committee

Development Committee – Monday 07 November 2016

Page 65

Submission	Submission Summary	Comments	Recommendations
External submission
No. 1 D16/170061	a) Submission from Cowman Stoddart Pty Ltd on behalf of landowners of 1 Greens Road, Greenwell Point. Land is zoned R2 Low Density Residential with a minimum lot size of 500m2 in Shoalhaven LEP 2014. Seek to enable the subdivision of the size in accordance with the provisions of the LEP. b) Supports the proposed changes to Part D of Schedule 5 of G9: Development on Flood Prone Land. Proposed provisions will potentially allow client to subdivide their land in Greenwell Point. Current DCP provisions which prohibit the subdivision of land within Greenwell Point are inconsistent with the LEP zoning provisions and Section 74BA of the Environmental Planning & Act (EP&A Act). c) Note that the provisions outlined in the current Part D Schedule 5 of Chapter G9 indicate that they have been imposed pursuant to the recommendations of the Lower Shoalhaven River Floodplain Risk Management Plan (LSRFRMP). The LSRFRMP does not specifically stipulate that subdivision should be prohibited within Greenwell Point.	Support noted. The exhibited change reflects Council’s resolved position of 15 December 2015 (MIN15.813) to allow the subdivision and creation of strata title lots within the Village of Greenwell Point subject to whether strata or real property having access to flood free land, in compliance with Shoalhaven LEP 2014. In relation to Greenwell Point the LSRFRMP identifies significant flood risk issues including significant flood affectation (e.g. in a 1 in 10 year flood event, 137 buildings will be flooded above floor level); and lack of flood free access (Greenwell Point Road is cut-off regularly). It states that the existing residential area should not be expanded, and that “…significant new development should be prevented but may need to be considered on its merits due to increasing development pressures.” The intent of the previous provisions was to prevent increases to the population density in any areas (flood prone or flood free) with restricted evacuation access. Council’s Natural Resources and Flood Unit have raised concerns with the proposed amendment and this issue is further discussed later in this table.	No changes recommended regarding this submission, however this issue is discussed further in response to submission 3.
Internal submissions
No. 2 D16/160001	Correction of a typo error on page 23: ‘chartered geotechnical partitioner’ should read ‘chartered geotechnical practitioner’.	Minor typographical change supported.	Recommendation: Correct minor typing error on page 23 to read ‘chartered geotechnical practitioner’.
No. 3 D16/196266 D16/285902	Council’s Natural Resources Floodplain Unit ran staff workshops on the proposed amendments and has suggested the following edits as a result of feedback received at the workshops. Minor edits: · Section 5, 5.1, part iv: remove ‘to’ at the beginning of the dot point · Section 6.1.3: first dot point: should say ‘section 5’ not ‘section 9’ · Section 6.2: step 8: refer to ‘section 8’, not ‘section 7’ · Section 6.4.1, Figure 3: text in figure should say ‘minimum habitable floor level’, not ‘minimum floor level’ · Schedule 6: Fix the page numbering on the Development Controls Matrix Legend and add an asterisk at the end of each point under the heading ‘floor level’. Under the Development Controls Matrix Legend: change the two sentences to read “*Note: for new building applications flood levels for the year 2050 are to be used. For applications for subdivision or changes of land use flood levels for the year 2100 are to be used.” Add an asterisk at the end of each point under the heading “floor level” Comments received at the staff workshops indicated that the current wording and format is unclear.	Minor editorial changes supported. Review of current wording and formatting is outside of the scope of this current housekeeping amendment. The current wording and formatting should be simplified through a future amendment to Chapter G9: Development on Flood Prone Land.	Recommendation: Amend Chapter G9 to implement the following changes: - Section 5.1, iv. (page 5) – remove ‘to’ at the beginning of the dot point. - Section 6.1.3: first dot point: replace ‘section 9’ with ‘section 5’ - Section 6.2: step 8: replace ‘section 7’, with ‘section 8’ - Section 6.4.1, Figure 3: text in figure should say ‘minimum habitable floor level’, not ‘minimum floor level’ - Schedule 6: Update page numbering - Schedule 6: Include an asterisk at the end of each point under the heading ‘floor level’. - Schedule 6: Fix the page numbering on the Development Controls Matrix Legend and add an asterisk at the end of each point under the heading ‘floor level’. - Schedule 6: Generic - Under the Development Controls Matrix Legend: change the two sentences to read “*Note: for new building applications flood levels for the year 2050 are to be used. For applications for subdivision or changes of land use flood levels for the year 2100 are to be used.” Add an asterisk at the end of each point under the heading “floor level” Recommendation: Undertake a future review of Chapter G9: Development on Flood Prone Lane to improve the readability of controls with simplified wording and formatting.
	Councils Natural Resources and Floodplain Unit does not support the proposed change to Schedule 5, D, to allow subdivision within Greenwell Point given that it is inconsistent with the remainder of the Chapter and the Lower Shoalhaven River Floodplain Risk Management Study and Plan (FRMSP). The Chapter does not support subdivision if it increases the potential population density in any areas (flood prone or flood free) with restricted evacuation access. The FRMSP includes this as a recommended control due to the significant flood risk within Greenwell Point, and the isolation and loss of essential services that will occur, even to flood free properties, in the event of a 1% AEP flood event, or larger. It is recommended the controls in this row are returned to how they are stated in the adopted FRMSP. The Natural Resources and Floodplain Unit raised concerns that Council had inadequate information when the Development Committee resolved to amend Part D in Schedule 5 of Chapter G9 to allow subdivision subject to properties having access to flood free land, in compliance with Shoalhaven LEP 2014.	Following a Notice of Motion, Council resolved on 15 December 2015 to amend Part (D) in Schedule 5 of Chapter G9 (MIN15.813) to allow the subdivision and creation of strata title lots within the Village of Greenwell Point subject to the property having access to flood free land, in compliance with Shoalhaven LEP 2014. A DCP control cannot prohibit possible development in the LEP, however the concerns raised warrant some consideration to ensure outcomes from the Lower Shoalhaven River FRMSP are acknowledged. To alleviate flood risk and ensure suitable controls are provided, it is recommended that this issue be deferred to allow further investigation into possible alternative provisions that could be included in the LEP. Consistency with the FRMSP is important to ensure Council’s planning documents include suitable controls consistent with the Floodplain Development Manual and Guidelines and to ensure Council is acting in good faith when providing flood risk controls to ensure legal indemnity is maintained. Legal advice is required to clarify the situation.	Recommendation: a) Defer the draft changes to Chapter G9: Development on Flood Prone Land relating to subdivision in Greenwell Point to seek legal advice and to consider alternative provisions in the LEP to implement development controls identified in the Lower Shoalhaven River Floodplain Risk Management Plan. b) Revert to the original wording in the Part D, Schedule 5 in Chapter G9 to replace the second doing point with the following wording: “No subdivision, dual occupancy or strata development even on flood free land will be permitted.”
	Need to update Schedule 5 to reflect the recently adopted FRMSPs for: Kangaroo River, Bomaderry Creek, Nowra and Browns Creeks, Currambene and Moona Moona Creeks and Tabourie Lake. The site specific controls from the FRMSPs need to be added to Schedule 5. Requested update to Schedule 5 included as an attachment to submission.	Support the requested changes to include relevant controls from the adopted FRMSPs for Kangaroo River, Bomaderry Creek, Nowra and Browns Creeks, Currambene and Moona Moona Creeks and Tabourie Lake.	Recommendation: Update Schedule 5 to include site specific controls from updated FRMSPs in accordance with Attachment 3 of the report.
No. 3 D16/302546	Schedule 1, row I (minor development) of Chapter G9: clarify that ‘existing habitable floor level’ is the originally approved habitable floor level. Development Consents currently include conditions that apply to pools in the flood plain, however there are no controls in Chapter G9. Requests the inclusion of ‘Pools’ in Schedule 1, J – Ancillary Structures.	Support the requested changes to clarify the development controls and existing development conditions.	Recommendation: Amend Chapter G9 Schedule 1 as follows: - Row I (minor development): clarify that ‘existing habitable floor level’ is the originally approved habitable floor level - Insert ‘Pools’ in the Schedule in Row J (Ancillary Structures).
No. 3 D16/287356	Provides the definitions of flood planning area, flood planning level and flood prone land for both the DCP and Shoalhaven Floodplain Development Manual. States that Section 6.4 in Chapter G9 goes into further detail about flood planning area and flood planning level, though none of the definitions respond to the LEP. The definitions used by the Flooding Unit for adopted flood risk management plans and studies are as per the Floodplain Development Manual. The Definition of Flood Planning Area in the Manual is the 1% + 0.5m (flood planning level) and this is not referring to the Flood Planning Area map in the SLEP 2014. Definition of flood prone land needs to be amended in DCP G9 as it refers to the “Flood Prone Map” in SCC office which no longer exists.	The concerns regarding conflicting definitions for Flood Planning Area, Flood Planning Level and Flood Prone Land in the LEP & DCP are valid. The Dictionary and Clause 7.3 Flood Planning in Shoalhaven LEP 2014 do not provide clear definitions except for Clause 7.3 (5) which provides the following definition: ‘flood planning level’ means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard. Clause 7.3 (4) in the LEP states that words or meanings used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause. To ensure consistency between the LEP and DCP provisions, it is recommended that the DCP definitions be updated to reference the definition of ‘flood planning level’ in LEP Clause 7.3 and to replace the definitions of ‘flood prone land’ and ‘flood planning area’ as per the Floodplain Development Manual.	Recommendation: Amend the DCP Dictionary, Chapter G9 and Chapter G10 to update definitions of ‘Flood Planning Area’, ‘Flood Planning Level’ (FPLs) and ‘Flood Prone Land’ as follows: a) Refer to the SLEP 2014 definition of ‘Flood Planning Level’ as per Clause 7.3 (4) by colouring the term ‘flood planning level’ blue throughout Chapter G9 and G10 to indicate an LEP dictionary definition as per Chapter G1 Introduction of Shoalhaven DCP 2014. b) Replace the exhibited dictionary definitions for ‘Flood Planning Area’ and ‘Flood Prone Land’ as per the Floodplain Development Manual: · ‘Flood planning area’ is the area of land below the FPL and thus subject to flood related development controls. The concept of flood planning area generally superseded the “flood liable lands” concept in the 1986 Manual; and · ‘Flood prone land’ is the land susceptible to flooding by the PMF event. Flood prone land is synonymous with flood liable land. c) Amend the note boxes in Section 1 Purpose in Chapter G9 and G10 provide explanatory information regarding the updated definitions. d) Update Chapter G9 and G10 to reflect the revised dictionary definitions as required.

Submission

Submission Summary

Comments

Recommendations

External submission

No. 1

D16/170061

a) Submission from Cowman Stoddart Pty Ltd on behalf of landowners of 1 Greens Road, Greenwell Point. Land is zoned R2 Low Density Residential with a minimum lot size of 500m2 in Shoalhaven LEP 2014. Seek to enable the subdivision of the size in accordance with the provisions of the LEP.

b) Supports the proposed changes to Part D of Schedule 5 of G9: Development on Flood Prone Land. Proposed provisions will potentially allow client to subdivide their land in Greenwell Point. Current DCP provisions which prohibit the subdivision of land within Greenwell Point are inconsistent with the LEP zoning provisions and Section 74BA of the Environmental Planning & Act (EP&A Act).

c) Note that the provisions outlined in the current Part D Schedule 5 of Chapter G9 indicate that they have been imposed pursuant to the recommendations of the Lower Shoalhaven River Floodplain Risk Management Plan (LSRFRMP). The LSRFRMP does not specifically stipulate that subdivision should be prohibited within Greenwell Point.

Support noted.

The exhibited change reflects Council’s resolved position of 15 December 2015 (MIN15.813) to allow the subdivision and creation of strata title lots within the Village of Greenwell Point subject to whether strata or real property having access to flood free land, in compliance with Shoalhaven LEP 2014.

In relation to Greenwell Point the LSRFRMP identifies significant flood risk issues including significant flood affectation (e.g. in a 1 in 10 year flood event, 137 buildings will be flooded above floor level); and lack of flood free access (Greenwell Point Road is cut-off regularly). It states that the existing residential area should not be expanded, and that “…significant new development should be prevented but may need to be considered on its merits due to increasing development pressures.”

The intent of the previous provisions was to prevent increases to the population density in any areas (flood prone or flood free) with restricted evacuation access. Council’s Natural Resources and Flood Unit have raised concerns with the proposed amendment and this issue is further discussed later in this table.

No changes recommended regarding this submission, however this issue is discussed further in response to submission 3.

Internal submissions

No. 2

D16/160001

Correction of a typo error on page 23: ‘chartered geotechnical partitioner’ should read ‘chartered geotechnical practitioner’.

Minor typographical change supported.

Recommendation:

Correct minor typing error on page 23 to read ‘chartered geotechnical practitioner’.

No. 3

D16/196266

D16/285902

Council’s Natural Resources Floodplain Unit ran staff workshops on the proposed amendments and has suggested the following edits as a result of feedback received at the workshops.

Minor edits:

· Section 5, 5.1, part iv: remove ‘to’ at the beginning of the dot point

· Section 6.1.3: first dot point: should say ‘section 5’ not ‘section 9’

· Section 6.2: step 8: refer to ‘section 8’, not ‘section 7’

· Section 6.4.1, Figure 3: text in figure should say ‘minimum habitable floor level’, not ‘minimum floor level’

· Schedule 6:

Fix the page numbering on the Development Controls Matrix Legend and add an asterisk at the end of each point under the heading ‘floor level’.

Under the Development Controls Matrix Legend: change the two sentences to read “*Note: for new building applications flood levels for the year 2050 are to be used. For applications for subdivision or changes of land use flood levels for the year 2100 are to be used.” Add an asterisk at the end of each point under the heading “floor level”

Comments received at the staff workshops indicated that the current wording and format is unclear.

Minor editorial changes supported.

Review of current wording and formatting is outside of the scope of this current housekeeping amendment. The current wording and formatting should be simplified through a future amendment to Chapter G9: Development on Flood Prone Land.

Recommendation:

Amend Chapter G9 to implement the following changes:

- Section 5.1, iv. (page 5) – remove ‘to’ at the beginning of the dot point.

- Section 6.1.3: first dot point: replace ‘section 9’ with ‘section 5’

- Section 6.2: step 8: replace ‘section 7’, with ‘section 8’

- Section 6.4.1, Figure 3: text in figure should say ‘minimum habitable floor level’, not ‘minimum floor level’

- Schedule 6: Update page numbering

- Schedule 6: Include an asterisk at the end of each point under the heading ‘floor level’.

- Schedule 6: Fix the page numbering on the Development Controls Matrix Legend and add an asterisk at the end of each point under the heading ‘floor level’.

- Schedule 6: Generic - Under the Development Controls Matrix Legend: change the two sentences to read “*Note: for new building applications flood levels for the year 2050 are to be used. For applications for subdivision or changes of land use flood levels for the year 2100 are to be used.” Add an asterisk at the end of each point under the heading “floor level”

Recommendation:

Undertake a future review of Chapter G9: Development on Flood Prone Lane to improve the readability of controls with simplified wording and formatting.

Councils Natural Resources and Floodplain Unit does not support the proposed change to Schedule 5, D, to allow subdivision within Greenwell Point given that it is inconsistent with the remainder of the Chapter and the Lower Shoalhaven River Floodplain Risk Management Study and Plan (FRMSP).

The Chapter does not support subdivision if it increases the potential population density in any areas (flood prone or flood free) with restricted evacuation access. The FRMSP includes this as a recommended control due to the significant flood risk within Greenwell Point, and the isolation and loss of essential services that will occur, even to flood free properties, in the event of a 1% AEP flood event, or larger. It is recommended the controls in this row are returned to how they are stated in the adopted FRMSP.

The Natural Resources and Floodplain Unit raised concerns that Council had inadequate information when the Development Committee resolved to amend Part D in Schedule 5 of Chapter G9 to allow subdivision subject to properties having access to flood free land, in compliance with Shoalhaven LEP 2014.

Following a Notice of Motion, Council resolved on 15 December 2015 to amend Part (D) in Schedule 5 of Chapter G9 (MIN15.813) to allow the subdivision and creation of strata title lots within the Village of Greenwell Point subject to the property having access to flood free land, in compliance with Shoalhaven LEP 2014.

A DCP control cannot prohibit possible development in the LEP, however the concerns raised warrant some consideration to ensure outcomes from the Lower Shoalhaven River FRMSP are acknowledged. To alleviate flood risk and ensure suitable controls are provided, it is recommended that this issue be deferred to allow further investigation into possible alternative provisions that could be included in the LEP. Consistency with the FRMSP is important to ensure Council’s planning documents include suitable controls consistent with the Floodplain Development Manual and Guidelines and to ensure Council is acting in good faith when providing flood risk controls to ensure legal indemnity is maintained. Legal advice is required to clarify the situation.

Recommendation:

a) Defer the draft changes to Chapter G9: Development on Flood Prone Land relating to subdivision in Greenwell Point to seek legal advice and to consider alternative provisions in the LEP to implement development controls identified in the Lower Shoalhaven River Floodplain Risk Management Plan.

b) Revert to the original wording in the Part D, Schedule 5 in Chapter G9 to replace the second doing point with the following wording:

“No subdivision, dual occupancy or strata development even on flood free land will be permitted.”

Need to update Schedule 5 to reflect the recently adopted FRMSPs for: Kangaroo River, Bomaderry Creek, Nowra and Browns Creeks, Currambene and Moona Moona Creeks and Tabourie Lake. The site specific controls from the FRMSPs need to be added to Schedule 5. Requested update to Schedule 5 included as an attachment to submission.

Support the requested changes to include relevant controls from the adopted FRMSPs for

Kangaroo River, Bomaderry Creek, Nowra and Browns Creeks, Currambene and Moona Moona Creeks and Tabourie Lake.

Recommendation:

Update Schedule 5 to include site specific controls from updated FRMSPs in accordance with Attachment 3 of the report.

No. 3

D16/302546

Schedule 1, row I (minor development) of Chapter G9: clarify that ‘existing habitable floor level’ is the originally approved habitable floor level.

Development Consents currently include conditions that apply to pools in the flood plain, however there are no controls in Chapter G9. Requests the inclusion of ‘Pools’ in Schedule 1, J – Ancillary Structures.

Support the requested changes to clarify the development controls and existing development conditions.

Recommendation:

Amend Chapter G9 Schedule 1 as follows:

- Row I (minor development): clarify that ‘existing habitable floor level’ is the originally approved habitable floor level

- Insert ‘Pools’ in the Schedule in Row J (Ancillary Structures).

No. 3

D16/287356

Provides the definitions of flood planning area, flood planning level and flood prone land for both the DCP and Shoalhaven Floodplain Development Manual.

States that Section 6.4 in Chapter G9 goes into further detail about flood planning area and flood planning level, though none of the definitions respond to the LEP. The definitions used by the Flooding Unit for adopted flood risk management plans and studies are as per the Floodplain Development Manual. The Definition of Flood Planning Area in the Manual is the 1% + 0.5m (flood planning level) and this is not referring to the Flood Planning Area map in the SLEP 2014.

Definition of flood prone land needs to be amended in DCP G9 as it refers to the “Flood Prone Map” in SCC office which no longer exists.

The concerns regarding conflicting definitions for Flood Planning Area, Flood Planning Level and Flood Prone Land in the LEP & DCP are valid.

The Dictionary and Clause 7.3 Flood Planning in Shoalhaven LEP 2014 do not provide clear definitions except for Clause 7.3 (5) which provides the following definition:

‘flood planning level’ means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

Clause 7.3 (4) in the LEP states that words or meanings used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

To ensure consistency between the LEP and DCP provisions, it is recommended that the DCP definitions be updated to reference the definition of ‘flood planning level’ in LEP Clause 7.3 and to replace the definitions of ‘flood prone land’ and ‘flood planning area’ as per the Floodplain Development Manual.

Recommendation:

Amend the DCP Dictionary, Chapter G9 and Chapter G10 to update definitions of ‘Flood Planning Area’, ‘Flood Planning Level’ (FPLs) and ‘Flood Prone Land’ as follows:

a) Refer to the SLEP 2014 definition of ‘Flood Planning Level’ as per Clause 7.3 (4) by colouring the term ‘flood planning level’ blue throughout Chapter G9 and G10 to indicate an LEP dictionary definition as per Chapter G1 Introduction of Shoalhaven DCP 2014.

b) Replace the exhibited dictionary definitions for ‘Flood Planning Area’ and ‘Flood Prone Land’ as per the Floodplain Development Manual:

· ‘Flood planning area’ is the area of land below the FPL and thus subject to flood related development controls. The concept of flood planning area generally superseded the “flood liable lands” concept in the 1986 Manual; and

· ‘Flood prone land’ is the land susceptible to flooding by the PMF event. Flood prone land is synonymous with flood liable land.

c) Amend the note boxes in Section 1 Purpose in Chapter G9 and G10 provide explanatory information regarding the updated definitions.

d) Update Chapter G9 and G10 to reflect the revised dictionary definitions as required.

Development Committee – Monday 07 November 2016

Page 401

3.4 Short-term Strategies: Direct Intervention (‘Column 4’ above)

3.4.1 Provision of Affordable Housing on Council or Public Land

Rationale

The vast majority of demand for affordable housing, based on current housing stress and affordability data, is likely to come from very low income households (small and family). Affordable rental is particularly important.

The direct creation of social and affordable rental housing for diverse groups including older pensioners, people with a disability and very low and low income singles, couples and family households will be necessary to meet the growing need for such housing in the future.

An effective way of delivering affordable housing is through development of such housing on public (including Council) land as a development and/or management partnership with a registered community housing provider (CHP) such as Southern Cross Community Housing and/or the private sector.

Such land can be developed under a variety of contractual arrangements - by Council acting alone; or in conjunction with a partnering agency or agencies, such as a CHP and/or private sector partner. Financially, the arrangement can be structured in a number of ways, depending on Council’s preference. Likewise, risk can be shared at a level appropriate to the needs and preferences of partnering agencies.

JSA conducted preliminary economic modelling on several development options on Council sites in Nowra-Bomaderry, Jervis Bay – St Georges
Basin and Ulladulla from a list provided by Council staff. Each option modelled could at least break even, or provide a small profit. This depends on the mix of dwellings and controls governing the site, and whether a New Generation Boarding House component is included, with the latter tending to improve the financial viability of the development due to the higher dwelling yield.

Strategies

In accordance with the preliminary recommendations in the Affordable Housing Strategic Discussion Paper, the following will be developed further as key strategies:

1. More detailed investigation of sites originally used for modelling, and/or other potential partnership sites (to be determined in consultation with Council staff and/or Council), including strategies and recommendations on preferred sites;

2. Nomination of at least three appropriate sites for affordable housing developments and/or as part of mixed tenure developments (one in each of the main urban areas), and development of preferred options regarding tenure mix, dwelling type, target group, development and management partnership arrangements, financing, desired yield and rate of return, etc.;

3. Identification of one site owned by Council or another public authority large enough to support the development of a demonstration project showcasing good design in entry level dwellings on smaller lots, that could also provide for some shared equity purchase for low income households as well as some affordable rental;

4. Strategies, based on further investigation, of shared equity purchase models with a local community housing provider such as Southern Cross Community Housing, and outline of a locally appropriate model if relevant;

5. Further investigation of the potential for such a development on a privately owned greenfield site, and appropriate mechanisms, funding and legal agreements to implement an appropriate model or demonstration project.

3.5 Medium Term Strategies: Facilitative Intervention (‘Column 2’ above)

3.5.1 Removing Planning Impediments and/or Opening up Development Opportunities for Affordable Housing Types

Increasing opportunities for and feasibility of smaller strata dwellings

Rationale

Enabling the proper operation of the market is important in ensuring that diverse and affordable housing products can be delivered to key target groups, and the wider Shoalhaven community. It is important to ensure that there are no impediments to the operation of the market in delivering the type of housing that is affordable to the highest need target groups, and opening up opportunities for market delivery where possible.

General affordability will be increased through increasing the supply of smaller (one and two bedroom) strata dwellings, particularly within 400-600 metres of the main urban centres. A high proportion of this stock is likely to enter the private rental market at the lower cost end.

A number of impediments to the development of such stock were identified in the Affordable Housing Background Report. Addressing these as medium-term strategies would be an effective way of increasing lower cost and affordable housing through the market.

Strategies

In accordance with the preliminary recommendations in the Affordable Housing Strategic Discussion Paper, the following will developed further as key strategies:

1. Ensuring that sufficient developable land zoned R1, R3 and B4 is available within 400-600 metres of the Nowra-Bomaderry, Jervis Bay – St Georges Basin, and Milton-Ulladulla town centres.

2. Ensuring that there is sufficient developable land zoned R1 in future greenfield release areas.

3. Review of existing controls in appropriate areas within 400-600 metres of Nowra-Bomaderry, Jervis Bay – St Georges Basin, and Ulladulla to increase of the FSR for medium density development (multi dwelling housing) to 0.5:1, with specific recommendations on relevant provisions in Environmental Planning Instruments (EPIs) and Shoalhaven Development Control Plan 2014. Character and design controls will also be considered to ensure that new development is appropriately designed.

4. Further investigation on effective ways of reducing parking requirements for smaller one and two bedroom apartments where those apartments are close to town centres and public transport in Nowra-Bomaderry, Jervis Bay-St Georges Basin, and Ulladulla, and/or extending the current parking discount to these areas, and/or increasing the parking discount.

‘New Generation’ and Supported Boarding Houses

Rationale

Increasingly, boarding houses, particularly ‘New Generation’ boarding houses under State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009 are providing affordable accommodation to diverse very low and low income households. As noted, these are likely to fill an important gap from a range of very low and low income retirees, workers, and other singles and couples without an asset.

Despite the important role that boarding houses could play in fulfilling a major affordability gap for very low and low income single people and couples, including key workers, there is currently only one registered in the LGA. There are good models of boarding houses, and these can be adapted in the Shoalhaven context, both in terms of guidelines for private and community sector proponents, and as part of a model development on public land.

Strategies

A range of strategies will be further developed, including the following:

1. Active promotion and support for the development of high quality, ‘new generation’ boarding houses in appropriate locations to ensure retention of the boarding house long term in the three main urban centres with developers and the community through means such as publication of guidelines, production of promotional material, educational materials and favourable consideration of applications .

2. Extending incentives outlined above to new, purpose built boarding house construction.

3. Development of guidelines consistent with State Government Policy and Legislation to support the development of good design and management of ‘new generation’ boarding houses taking into account local needs and the housing market context.

Caravan Parks and Manufactured Home Estates

Rationale

Caravan parks are an important source of affordable accommodation in Shoalhaven. On-site vans and manufactured homes, and sites which are rented where residents place their own home, have the potential to be affordable to all low income households and some very low income households. However, there appears to be a decreasing supply of permanent sites through conversion to tourist uses in some areas; and there appears to be demand/price pressure on parks and manufactured home estates (MHEs) that offer a reasonable level of permanent sites.

Preliminary Recommendations

A range of strategies will be further developed, including the following:

1. Development of guidelines to encourage a higher proportion of permanent sites within caravan parks and MHEs that are principally tourist-oriented developments, and provide for a higher proportion of such sites in licensing arrangements.

2. Identification (if possible) of two additional potential sites for residential caravan parks or MHEs, close to transport and/or services in areas such as Nowra and Ulladulla, which could be developed as an alternative housing model and managed by a community housing provider, as part of the proposed Strategy.

3.5.2 Incentive-based variations to facilitate affordable housing

Rationale

Consider market-based incentives, where an opportunity to vary planning controls is provided to a developer and tied to a demonstrated affordable housing outcome. For example, reduced parking requirements may be provided where strata dwellings of a maximum size are provided in specified areas or precincts. These dwellings are provided through the market, but are more likely to remain lower cost or more affordable in the context of the local housing market, especially in lower cost localities.

It is preferred that the mechanism is clearly set out in a Council Policy (for example, a Voluntary Planning Agreement Policy) for transparency and consistency, and is subject to a formal agreement.

Potential Strategies

The following strategies will be further investigated, and where relevant recommended.

General

1. Develop of a Voluntary Planning Agreement Policy with regard to incentive-based approaches to affordable housing, with a model VPA provided.

Market-based incentives

2. Potential reduction of parking requirements in appropriate locations to those set out in SEPP (Affordable Rental Housing) 2009 where smaller one and two bedroom apartments are constructed (for example, in accordance with the SEPP plus 10%).

3. Potential expansion of the areas covered by Council’s existing ‘parking discount’ where such dwellings are constructed in Nowra-Bomaderry, Jervis Bay – St Georges Basin, and Ulladulla within 400 metres of the town centres, and/or a further increase in the discount.

4. Potential variations to controls tied to specified affordable housing outcomes with associated design and character controls, e.g.:

o Increase of the FSR for medium density development (multi dwellings housing) to 0.5:1 in appropriate areas within 400-600 metres of Nowra-Bomaderry, Jervis Bay – St Georges Basin, and Ulladulla where a developer provides a specified proportion of smaller one and two bedroom dwellings (for example, in accordance with the SEPP plus 10%).

5. A more fine-grained analysis of the feasibility of density and/or height bonuses, or other planning incentive schemes, in high value markets such as Huskisson and parts of Ulladulla, and strategies related to relevant areas and development of provisions as appropriate.

3.6 Longer-Term Strategies: Mandatory Intervention (‘Column 3’ above)

3.6.1 Mandating Affordable and Low Cost Dwelling Types

Rationale

Setting DCP targets for the types of dwellings that are affordable to those most in need of affordable housing is likely to be an effective mechanism for creation of diverse housing for the wider community. Such mechanisms are equitable where mandating such dwellings does not constitute an undue impost on the viability of development for relevant target groups. One and two bedroom strata dwellings are the most affordable conventional housing types in the local housing context. Entry level project homes (3 bedrooms, with 1 bathroom and 1 car space) on smaller lots are likely to be affordable to low income purchasers.

Strategies

In accordance with the preliminary recommendations in the Affordable Housing Strategic Discussion Paper, the following will be further developed as long-term strategies, with specific provisions as relevant:

1. Mandating a proportion of 1 bedroom, 1 bathroom dwellings with a maximum floor area of 50-55 m² in multi dwelling housing developments and residential flat developments in areas within 400 metresof the town centres of Nowra-Bomaderry, Jervis Bay – St Georges Basin and Ulladulla (for example, 1 dwelling in 5 or 20% of dwellings).

2. Mandating a proportion of 2 bedroom, 1 bathroom dwellings with a maximum floor area of 70-75 m² in multi dwelling housing developments and residential flat developments in areas within 600 metresof the town centres of Nowra-Bomaderry, Jervis Bay – St Georges Basin and Ulladulla (for example, 2 dwelling in 5 or 40% of dwellings).

3. Development of a Masterplan DCP approach to greenfield developments in accordance with Part 6 of the Shoalhaven LEP, potentially including the following types of requirements:

· A proportion of lots to be allocated to multi dwelling housing (for example, 10% of lots), with mandatory provisions for smaller 2 bedroom stock (i.e. 2 bedroom, 1 bathroom dwellings with a maximum floor area of 70 or 75 m²);

· A proportion of lots be allocated as smaller lots (for example, 10% of lots or 5% of the masterplan area as 350 m²lots);

· A proportion of separate houses of a specified size (for example, 2 and 3 bedroom dwellings with 1 bathroom and a maximum floor area of 120 m²).

4. Development of a performance criteria-based approach in an early stage of new release areas, with criteria related to housing type and affordability benchmarks.

5. Further investigate the potential to facilitate a demonstration project on a larger site owned by Council or that of another public authority to show good practice in this regard.

3.7 Administration

Strategies

A range of strategies related to the monitoring, management and administration of Strategy, and any Affordable Housing Program resulting from this, will be developed relateing to and including:

· EOIs and partnering arrangements;

· Reporting against KPIs;

· Administration of affordable housing resources generated, etc.

Development Committee – Monday 07 November 2016

Page 407

NOTICE TO APPLICANT OF DETERMINATION OF APPLICATION

DEVELOPMENT CONSENT

Environmental Planning and Assessment Act, 1979

DA16/1369

TO:

Mr Lee Carmichael

LCTP

76 Berry Street

NOWRA NSW 2540

being the applicant for DA16/1369 relating to:

Lot 1 DP81167, 25 Junction Street, Nowra

APPROVED DEVELOPMENT:

Demolition of shed, erection of medium density development (2 x 3 bedroom and 1 x 2 bedroom single storey dwellings)

DETERMINATION DATE: TBA

Pursuant to the Section 81 of the Act, notice is hereby given that the above application has

been determined by granting consent, subject to the conditions listed below.

CONSENT TO OPERATE FROM: TBA

CONSENT TO LAPSE ON: TBA

In accordance with Section 95 of the Act, development consent of the erection of a building does not lapse if building, engineering or construction work relating to the building or work is physically commenced on the land to which the consent applies before the lapse date.

DETAILS OF CONDITIONS

The conditions of consent and reasons for such conditions are set out as follows:

PART A

CONDITIONS OF A GENERAL NATURE, INCLUDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT

General

1. This consent relates to the demolition of shed, erection of medium density development (2 x 3 bedroom and 1 x 2 bedroom single storey dwellings) as illustrated on the plans and supporting documentation with the following references, as modified by the following conditions. The development must be carried out in accordance with this consent.

Plans prepared by Hotondo South Coast Pty Ltd Job No NEST1247
Drawing No.	Rev No	Name of plan.	Date
Sheet 1 of 11		Cover sheet and BASIX commitments	22 July 2016
Sheet 2 of 11		Site plan and site analysis	22 July 2016
Sheet 3 of 11		Floor plan Units 1 &2	22 July 2016
Sheet 4 of 11		Typical section No. 1	22 July 2016
Sheet 5 of 11		East and south elevations Units 1 & 2	22 July 2016
Sheet 6 of 11		West and north elevation Units 1 & 2	22 July 2016
Sheet 7 of 11		Floor plan Unit 3	22 July 2016
Sheet 8 of 11		Typical section No. 2	22 July 2016
Sheet 9 of 11		East and south elevations Unit 3	22 July 2016
Sheet 10 of 11		West and north elevation Unit 3	22 July 2016
Sheet 11 of 11		Landscape plan	22 July 2016
		Elevation from Junction Street	22 July 2016
Statement of Environmental Effects dated 22 July 2016 prepared by Nest Residential Design Pty Ltd
Concept Stormwater Drainage Plan prepared by SET Consultants Pty Ltd
BASIX Certificate No. 70833M_02 dated 18 April 2016
Waste Minimisation and Management Plan (Demolition) prepared by Daniel Jones
Waste Minimisation and Management Plan (Construction) prepared by Hotondo Homes

Notes:

· Any alteration to the plans and/or documentation must be submitted for the approval of Council. Such alterations may require the lodgement of an application to amend the consent under s96 of the Act, or a fresh development application. No works, other than those approved under this consent, must be carried out without the prior approval of Council.

· Where there is an inconsistency between the documents lodged with this application and the following conditions, the conditions will prevail to the extent of that inconsistency.

· Copies of the approved plans must be retained on site along with any other relevant plans such as construction and site management.

2. The demolition of shed, erection of medium density development (2 x 3 bedroom and 1 x 2 bedroom single storey dwellings) must not be occupied or the use must not commence until all relevant conditions of development consent have been met or unless other satisfactory arrangements have been made with council (i.e. a security).

Occupation Certificate

3. An Occupation Certificate must be issued by the Principal Certifying Authority (PCA) before any building is used or occupied.

Note: Refer to Part F (Conditions that must be complied with before an Occupation Certificate can be issued or building occupied) of this development consent for additional requirements in relation to the above condition.

Basix

4. All the commitments listed in the relevant BASIX Certificate for the development must be fulfilled in accordance with Clause 97 A (2) of the Environmental Planning & Assessment Regulation 2000. A relevant BASIX Certificate means:

· A BASIX Certificate that was applicable to the development when this development consent was determined (or if the development consent is modified under section 96 of the Environmental Panning & Assessment Act 1979, a BASIX Certificate that is applicable to the development when this development consent is modified); or

· if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

· a BASIX Certificate has the meaning given to that term in the Environmental Planning & Assessment Regulation 2000.

PART B

CONDITIONS THAT MUST BE COMPLIED WITH BEFORE WORK CAN COMMENCE

Principal Certifying Authority/Construction Certificate

5. The following must be undertaken before any building works associated with the development can commence:

a) a Principal Certifying Authority (PCA) must be appointed; and

b) a Construction Certificate must be obtained from either Council or an accredited certifier.

Notice of Commencement

6. Notice must be given to Council at least two days prior to the commencement of building work. (The attached form ‘Notice of Commencement of Building or Subdivision Work and Appointment of Principal Certifying Authority’ is to be completed and returned to Council.)

7. Prior to the commencement of works (at least 2 days) Council must be advised in writing of the name and 24 hour contact number of the designated person/company nominated by the developer to be responsible for construction of all engineering works including erosion and sediment control measures and their maintenance. The person/company nominated must be a suitably qualified, experienced and practicing engineer or surveyor. The supervisor will be required to verify the works have been completed in accordance with the design and specification.

Fencing

8. Prior to the commencement of any works the building site is to be fenced with a fence suitable to prevent access to the site by members of the public and any unauthorised persons.

Footpath Tree Retention and Protection

9. The existing Jacaranda tree within the footpath must be retained and protected from any damage during works at the site. No excavation must occur inside the drip line of the tree without the prior written consent of Council.

10. Prior to the commencement of any works on the site, a fence must be installed around the extremity of the dripline of the tree to be retained to create an exclusion zone. The fence:

a) must include the full extent of the unsealed area of the footpath, being equivalent to the drip line of the tree;

b) must satisfy the minimum acceptable standard of 3-strand wire fence with star pickets at 1.8 metre centres;

c) must be signposted to restrict activities from the exclusion zone that may injure tree root systems or compact soil;

d) must be maintained for the duration of the project to prevent any access within the tree drip line.

Site Management Plan

11. The site must be managed to minimise nuisance during construction in this regard the following as relevant must be provided in a site management plan:

a) details of what actions are proposed to ensure safe access to and from the site and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery and static load from cranes, concrete pumps and the like (note: neighbouring access driveways must not be obstructed);

b) the proposed method of loading and unloading excavation machines, building materials and formwork within the site;

c) the proposed areas within the site to be used for the storage of excavated material, construction materials and waste containers during the construction period;

d) how it is proposed to ensure that soil/excavated materials is not transported on wheels or tracks of vehicles or plant and deposited on the roadway;

e) the proposed method of support to any excavation adjacent to adjoining buildings or the road reserve. The proposed method of support is to be certified by an accredited certifier in civil engineering.

The site management plan must be approved by an accredited certifier prior to the commencement of work. The applicant may also wish to include details of dust management in this plan (refer to conditions later in this consent).

Demolition Generally

12. The following requirements must be met for any demolition work:

a) Demolition work must be carried out in accordance with Australian Standard AS2601-2001: The Demolition of Structures;

b) Suitable measures must be taken to ensure that there is no adverse effect to occupants of adjoining buildings and the public by the generation of dust and/or noise during demolition;

c) Protection must be afforded to users of any adjoining public places by the provision of suitable hoardings;

d) Precautions must be taken in accordance with the requirements of SafeWork NSW in respect of:

(i) protection of site workers and the public;

(ii) asbestos handling and disposal where applicable;

e) The developer must comply with the conditions of the attached Shoalhaven Water notice with respect to the temporary capping off of water service and sewer junction.

Demolition Involving Asbestos

13. The following conditions must be complied with in respect of asbestos materials found during demolition activities:

a) Demolition works involving the removal and disposal of asbestos cement must only be undertaken by contractors who hold a current WorkCover Class 2 (Restricted) Asbestos Licence;

b) Fourteen (14) days prior to the commencement of any demolition works involving asbestos, all immediate neighbours must be notified in writing of the intention to carry out asbestos demolition works. Copies of these written notifications must be retained and provided to Council upon request.

c) Documentary evidence in the form of tip receipts from an approved Waste Management Facility must be obtained demonstrating the appropriate disposal of any asbestos waste. Tip receipts must be provided to Council at the completion of demolition works and prior to any further works on the site.

d) Following the removal of the bonded asbestos and prior to further works being carried out on the site, a clearance certificate from an independent person with a current WorkCover Class 2 (Restricted) Asbestos Licence in accordance with the National Occupational Health and Safety Commission Code of Practice for the Safe Removal of Asbestos is to be obtained and submitted to Council.

Archival Recording

14. That an archival record of the dwelling is to be made prior to demolition. The record must be deemed satisfactory by Council prior to the removal of the building. Reference is to be made to the Photographic Recording of Heritage Items using Film or Digital Capture by the NSW Heritage Office, 2001, revised, 20014 and 2006

Inspection of Existing Assets

15. The developer or his agent must undertake a site inspection and document any evidence of damage to the public assets prior to commencement of work. A copy of the inspection documentation is to be provided to Council prior to the commencement of works. Failure to adequately identify existing damage will result in all damage detected by Council after completion of the work being repaired at the developer’s expense.

Sign – Supervisor Contact Details

16. Prior to the commencement of any works, the person/company responsible for the construction of all works must erect a sign at the front of the property/site in a visible position with that person/company’s name, license number, site address and contact number, and the name of the Principal Certifying Authority, accreditation number and telephone number, where the Principal Certifying Authority is not the Council.

Note: This condition is prescribed under the Environmental Planning and Assessment Regulation 2000.

Builders’ Toilet

17. Before commencing building operations, a builder’s water closet accommodation must be provided to Council’s satisfaction.

A chemical toilet may be used on the site or alternatively the site may be provided with temporary closet accommodation connected to Council’s sewer where sewer is available and operational. Under no circumstances will pit toilets or similar be accepted by Council.

Residential Building Work

18. Any licensed contractor(s) performing residential building work valued at $12,000 or more must obtain indemnity insurance as required by the Home Building Act 1989. Evidence of such insurance must be provided to the Principal Certifying Authority (PCA) before building works commence.

Notes:

· This condition is prescribed under the Environmental Planning and Assessment Regulation 2000.

· If appointment as PCA, Shoalhaven City Council WILL NOT INSPECT any building work unless evidence of indemnity insurance has been provided. A copy of the Certificate of Insurance will suffice.

Existing services

19. The developer or agent must check that the proposed works are not affected by or do not affect any Council, electricity, telecommunications, gas or other services. All services, existing and proposed, above or below ground are to be shown accurately on the engineering plans including longitudinal sections with clearances to proposed infrastructure clearly labelled. Any required alterations to services will be at the developer’s expense.

Works Within the Road Reserve

20. Prior to undertaking any works within an existing road reserve, the contractor must obtain the consent of Council under Section 138 of the Roads Act, 1993. The following details must be submitted to Council to obtain the s.138 consent:

a) Any pavement design required by this consent;

b) Traffic Control Plan (TCP) to provide protection for those within and adjacent to the work site, including the vehicular and pedestrian public. The TCP must comply with the current RMS’s manual Traffic Control at Work Sites. Warning and protective devices must comply with the provisions of AS 1742.3 – 2002 Traffic Control Devices for Works on Roads. The plan must be prepared, signed and certified by a person holding the appropriate RMS accreditation, a copy of which is to be submitted with the plan;

c) Insurance details;

d) Name and contact information of the person/company appointed to supervise the construction;

e) Should the contractor want a single 138 approval to cover works additional to road, drainage and site regrading (e.g. water supply, sewerage, landscaping, etc), details of such works should be forwarded to the designer of the Traffic Control Plan. Copies of the layout plans and work method statements of these additional works are to be submitted to the Subdivision Manager in conjunction with the 138 application for road and drainage works;

f) Where the Traffic Control/Management Plan requires a reduction of the speed limit, a ‘Direction to Restrict’ must be obtained from Council for other roads and submitted with the section 138 application.

Note: All works undertaken within or adjacent to a public road must be provided with traffic control in accordance with the Traffic Control Plan as a minimum. As a result of changing conditions, additional traffic control measures may be required to comply with the WH&S Act and (Safe Work) WorkCover requirements. Such control must be in place and maintained to these requirements during the construction of the works. NB: Traffic includes both vehicular and pedestrian.

PART C

CONDITIONS THAT MUST BE COMPLIED WITH BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

Design Standards

21. Engineering design plans and specifications for the work referred to in this consent are to be submitted for approval.

a) Details of internal civil works must be submitted to nominated accredited certifier (Private Certifier or Council) for approval.

b) Details of all proposed works in the road reserve must be submitted and approved by Council prior to the issue of a Construction Certificate for the approved development.

c) All civil works are to be in accordance with Council’s Engineering Design Specifications and Development Construction Specifications current at the time of construction unless otherwise specified in this consent.

Note: All works within the road reserve must be approved by Council under Section 138 of the Roads Act 1993. Engineering plan checking fees are applicable as per Council’s adopted fees and charges. Contact should be made with Council’s Development Engineer for a fee quote. All fees must be paid upon the lodgement of the detailed engineering plans for checking.

Access Design Standards

22. If the driveway is going to be removed and replaced then a standard concrete gutter layback and footpath crossing must be designed at the driveway entrance in accordance with Council’s Standard Drawings Plan Nos. 5104-07, 2026-05 and Fig D1.20 (Engineering Design Specification).

Where kerb and gutter exists, the plans must be detailed to ensure road seal and pavement is to be removed to a sufficient width to permit placing of formwork and the laying and compacting of suitable pavement material (1m minimum offset to lip line).

Stormwater Drainage Design

23. Major and minor drainage systems must be designed by a qualified practising engineer in accordance with Council’s Engineering Design Specifications section D5 (Stormwater Drainage Design) and DCP 2014 – Chapter G2: Sustainable Stormwater Management and Erosion/Sediment Control. The minor and major systems must be designed for 20% AEP for residential and also have consideration for the 1% AEP rainfall events respectively.

On-Site Detention

24. On-site detention storage for stormwater runoff from the site must be provided such that the discharge from the site for design storm events up to and including the 100 year average recurrence interval does not exceed the pre-developed conditions. Details must be submitted to Council or an accredited certifier for approval prior to the issue a construction certificate. All flow discharging from on-site detention is to be via gravity flow to an approved discharge location. Automatic pump out systems from on-site detention will not be allowed.

Internal Access / Driveway Design

25. The internal driveway and car parking must be designed for light vehicular loading with a flexible compacted pavement minimum thickness of 200mm, surfaced with 30mm of AC10 asphaltic concrete or two coat bitumen seal using 14mm and 7mm aggregate; or to a coloured, patterned concrete standard; or with paving bricks suitable for light vehicular loading in accordance with AS 4455- 1997.

26. The garage to Unit 2 is to be extended to provide a minimum length of 6500 mm clear of the laundry area so as to provide a minimum 1 metre width of access clear of the parking space area. Or, alternatively the laundry room is to be enlarged by a minimum of 1 metre in depth (i.e. east/west direction) to permit the laundry to be used without encroaching into the garage space.

The above details must be shown on the plans submitted for issue of the Construction Certificate.

Exterior Materials

27. Exterior materials (excluding windows and other glazing) are to be non-reflective and of a texture and colour which blend with the existing surroundings. White, light grey or bright colours are not acceptable. Metal roofing and wall cladding must be pre‑coloured at the manufacturing stage. Water tanks must be coloured to match either the roof or walls. The following colour schedule is approved:

§ Walls – brick (Velour mid-brown) and cladding (Dune)

§ Roof - Basalt

§ Trim – as selected

Council’s written approval must be obtained for any changes to the approved colour schedule.

Erosion and Sediment Control

28. A Soil and Water Management Plan (SWMP) and accompanying specifications for the construction phase of the works, prepared by a suitably qualified and experienced person and based on the Landcom manual - “Soils and Construction, Managing Urban Stormwater, Vol 1, 4th Edition, March 2004”, must be lodged with the nominated Certifier for works within the proposed lot and to Council for works in the road reserve for approval. The SWMP must include, but is not limited to:

a) location and type of proposed erosion and sediment control measures;

b) location of vegetated buffer strips, unstable slopes, boggy areas, and restricted “no access” areas;

c) maintenance program for all soil and water management measures;

d) disposal site for silt removed from sediment traps; and

e) standard construction drawings for proposed soil and water management measures.

These controls must be installed before the commencement of work, maintained for the life of the project and until such time that the site is stabilised.

Construction Management Plan (traffic & parking)

29. Details of the proposed method of dealing with construction traffic are to be submitted to Council for approval by the Council’s Engineering Coordinator or Delegate. The details must include but are not limited to the following:

a) stabilised site construction access location;

b) proposed haulage routes for delivery of materials to the site and spoil disposal from the site;

c) estimated timing of construction works in the form of a Gant chart or similar;

d) parking arrangements for construction employees and contractors.

Contributions for additional services and/or facilities

30. This development will generate a need for additional services and/or facilities as described in Council’s Contributions Plan 2010, as itemised in the following tables.

Project	Description	Rate	Qty	Total
01AREC2006	Northern Shoalhaven Sports Stadium	$538.78	1.2	$646.54
01AREC2008	Planning Area 1 - Active recreation facility upgrades	$196.97	1.2	$236.36
01AREC3007	Nowra Swimming Pool Expansion	$383.53	1.2	$460.24
01CFAC2003	Nowra District Community Centre	$136.69	1.2	$164.03
01CFAC2012	Nowra District Integrated Youth Services Centre	$30.69	1.2	$36.83
CWAREC2004	Synthetic Hockey Field Facility	$78.41	1.2	$94.09
CWCFAC0003	Shoalhaven City Arts Centre	$35.28	1.2	$42.34
CWCFAC0004	Shoalhaven Mobile Childrens Services	$11.68	1.2	$14.02
CWCFAC0005	Shoalhaven Multimedia & Music Centre	$11.60	1.2	$13.92
CWCFAC0006	Shoalhaven City Library Extensions	$307.55	1.2	$369.06
CWCFAC2002	Shoalhaven Multi-Purpose Cultural & Convention Centre	$1,426.07	1.2	$1,711.28
CWFIRE2001	Citywide Fire & Emergency services	$127.86	1.2	$153.43
CWFIRE2002	Shoalhaven Fire Control Centre	$187.06	1.2	$224.47
CWMGMT3001	Contributions Management & Administration	$531.71	1.2	$450.18
CWOREC2001	Embellishment of Icon and District Parks and Walking Tracks	$228.50	1.2	$274.20
MACFAC2002	Northern Shoalhaven Community Transport and Family Support Services	$7.20	1.2	$8.64
MACFAC4001	Northern Shoalhaven Integrated Children's Services	$43.63	1.2	$52.36
TOTAL				$4,951.98

Contribution rates are adjusted annually on 1^st July in accordance with the indexation formula indicated in the Contributions Plan (currently the implicit price deflator) and the total contribution levied will be adjusted accordingly at the time of payment. (ie contributions are calculated on the rate applicable at the date of payment, not the date of development consent.)

A total contribution, currently assessed at the sum of $4,951.98 (i.e. 2016/2017 rate) or as indexed in future years, must be paid to Council before the issue of a Construction Certificate.

Contributions Plan 2010 may be inspected at the Council Administrative Offices, Bridge Road, Nowra and Deering Street, Ulladulla.

Water and Sewer Conditions and Contributions

31. All conditions listed on the Shoalhaven Water Development Application Notice under the heading “PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE” must be complied with and accepted by Shoalhaven Water. The authority issuing the Construction Certificate for the development must obtain written approval from Shoalhaven Water allowing a Construction Certificate to be issued. This also applies to approved staged developments.

Note: Relevant details, including monetary contributions (where applicable) under the Water Management Act 2000, are given on the attached Notice issued by Shoalhaven Water.

For further information and clarification regarding the above please contact Shoalhaven Water’s Development Unit on (02) 4429 3111.

Amended Landscape Plan

32. The applicant must lodge an amended landscape plan with Council prior to the issue of a Construction Certificate for the approved development. The plan may be approved by Council or an accredited certifier. The amended landscape plan must be prepared by a qualified landscape architect or landscape designer and include the following plantings and details:

a) is prepared having regard to the provisions of Shoalhaven DCP 2014 Chapter G3: Landscaping Design Guidelines;

b) includes a Planting Schedule that includes symbol, botanical name, common name, pot size, mature height, spacing and quantity for each species used in the landscape plan;

c) planting of a hedge of mature height of at least 1.8m along the street boundary of Acmena Smithii or similar hedging species, at maximum 600mm centres;

d) planting of at least 1 tree and two large shrubs in the area shown as ‘turf’ north of the driveway and forward of Unit 1;

e) the construction of 150mm high barrier kerb for the full length of the boundary between the driveway and the area shown as ‘turf” as described above;

f) landscaping of the strip garden bed along the eastern boundary at the beginning of the driveway;

g) mulching of all landscaped areas to a depth of 75mm;

h) location of common tap/taps/irrigation system to permit all landscape works to be adequately watered; and

i) a maintenance plan for a 26 week period.

PART D

CONDITIONS RELATING TO THE APPROVED WORK AND SITE MANAGEMENT

Street Numbering of Dwellings

33. Street numbering must comply with the State Government’s Comprehensive Property Addressing System (CPAS), and Council’s Property Address Numbering Policy. Street numbering of the development must be as follows:

Common Property Address: 25 Junction St, NOWRA

Unit 1: 1/25 Junction St, NOWRA

Unit 2: 2/25 Junction St, NOWRA

Unit 3: 3/25 Junction St, NOWRA

The allocated house numbers must be shown on the Construction Certificate plans. Where plans and details are provided to service suppliers, numbers must be in accordance with the above.

Construction Hours

34. To limit the impact of the development on adjoining owners, all construction work must be restricted to the hours of 7.00am to 6.00pm Monday to Friday and 8.00am to 3.00pm Saturdays. No construction work must take place on Sundays or Public Holidays.

Impact of Works on Others

35. The following general conditions must be adhered to;

a) Runoff currently entering the site from uphill properties must not be obstructed nor redirected from entering the site, other than by works in accordance with a plan approved by Council or to increase the quantity or concentration of surface runoff entering adjoining properties.

b) Any damage to the existing kerb & gutter, footpaths, pathways, road pavements, reserves or any other public infrastructure that occurs during development works must be repaired by the developer. Restoration must be to the satisfaction of Council.

c) Existing roads, footpaths and reserves adjacent to and nearby the site must be kept clear of soil, debris, materials and equipment except in accordance with the Traffic Control Plan or as otherwise approved in writing by Council.

d) All construction work is to be carried out so that at any time adjoining property owners are not deprived of an all weather access or subjected to additional storm water runoff during the period of construction.

Building Code of Australia

36. All building work must be carried out in accordance with the requirements of the Building Code of Australia.

Note: This condition is prescribed under the Environmental Planning and Assessment Regulation 2000.

Excavations, Retaining Walls and Drainage

37. All excavations and backfilling must be executed safely and in accordance with appropriate professional standards. All excavations must be properly guarded and protected to prevent a danger to life or property.

If required by the grade of the site and soil conditions, suitable retaining walls with appropriate agricultural and stormwater drainage must be provided to prevent the movement of soil and subsequent nuisance to adjoining properties. All roof and surface stormwater from the site must be conveyed to a legal point of discharge.

Access Design Standards

38. A heavy duty concrete gutter layback and footpath crossing must be designed at the driveway entrance in accordance with Council’s Standard Drawings Plan Nos. 5104-07, 2026-05 and Fig D1.20 (Engineering Design Specification).

Waste Minimisation and Management

39. All waste must be contained within the site during construction and then be recycled in accordance with the approved Waste Minimisation and Management Plan (WMMP) or removed to an authorised waste disposal facility, unless otherwise agreed to by Council in writing. No waste must be placed in any location or in any manner that would allow it to fall, descend, blow, wash, percolate or otherwise escape from the site.

Compliance with the WMMP must be demonstrated by the retention of relevant receipts. These must be submitted to Council upon request.

Note: “Waste” has the same meaning as the definition of “waste” in the Protection of the Environment Operations Act 1997.

Noise

40. The noise from all construction activities associated with the development is to comply with Section 5 and 6 of the NSW Environment Protection Authority's Interim Construction Noise Guideline.

Dust Management

41. Dust emissions must be confined within the site boundary. The following dust control procedures may be employed to comply with this requirement.

· Erection of dust screens around the perimeter of the site;

· Securely covering all loads entering or exiting the site;

· Use of water sprays across the site to suppress dust;

· Covering of all stockpiles of soil remaining more than 24 hours; and

· Keeping excavation surfaces moist.

Details of proposed measures must be provided to the Certifying Authority prior to the commencement of work. Details may be included in the site management plan required by a condition earlier in this consent.

Landscaping

42. Landscaping must be carried out in accordance with the approved landscape plan.

Fencing

43. The side and rear boundaries of the site are to be fenced to a height of 1.8 metres prior to the issue of an occupation certificate. Any fencing visible from the public road or adjacent to the walls of the dwelling at No. 27 Junction Street must be of bricks that match the approved wall colour. The colour of the fencing is to be consistent with the colours shown on Sheet 76 (Streetscape and Colour Selections) of the approved plans. The fence along the driveway forward of the front building line is to reduce to 900mm in height at the front property boundary.

Clothes Drying Facilities

44. Each of the units must be provided with an external clothes drying facility at a rate of 7.5 m of clothes line per dwelling. The clothes drying facilities must be located and screened so that they are not visible from the public street.

Lighting – Internal Public Areas

45. Lighting is to be provided to the internal driveways, pedestrian paths, shared areas and building entries in accordance with AS/NZS 1158 - Road Lighting Pedestrian Area, Category P Lighting, Performance and Installation Design Requirements.

PART E

CONDITIONS THAT RELATE TO ONGOING MANAGEMENT OF THE PROPOSED DEVELOPMENT

Site Management and Maintenance

46. The development must be managed so that :

a) The visitor car parking spaces within the site must not be used for the storage of goods or caravans and the like and must be available for use by visitors at all times; and

b) The development must be kept in good order and repair at all times, this includes landscaping, stormwater management, condition of the driveway and the like.

Garbage Bin Storage

47. Garbage bins (for both general waste and recyclable waste) associated with the ongoing occupancy of the approved development must be stored in areas which are not visible from a public place. When not required to be available for collection they must be stored in the private area provided for each unit.

Noise

48. Noise levels from the premises from pumps, air conditioners or pool filtration equipment (measured using the L₁₀ noise level descriptor) must not exceed the background noise level in any octave band (measured using the L₉₀noise level descriptor) by more than 5 dB(A) when measured at the boundary of the closest residential premises.

PART F

CONDITIONS THAT MUST BE COMPLIED WITH BEFORE AN OCCUPATION CERTIFICATE CAN BE ISSUED OR BUILDINGS OCCUPIED

49. Prior to the issue of an Occupation Certificate for the approved development:

a) the requirements of conditions 22 (stormwater design), 23 (on site detention), 24 and 25 (driveway and parking), 36 (excavations, retaining walls etc), 41 (landscaping), 42 (fencing), 43 (clothes drying facilities), 44 (lighting);

b) a Compliance Certificate or Certificates must be obtained from Council for all works within the road reserve;

c) the applicant must submit to Council certification and/or documentation confirming that the building has been constructed in accordance with the details and commitments listed in the BASIX Certificate for the development.

50. A Certificate of Compliance (CC) under Section 307 of Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000 must be obtained to verify that all necessary requirements for matters relating to water supply and sewerage (where applicable) for the development have been made with Shoalhaven Water. A Certificate of Compliance must be obtained from Shoalhaven Water after satisfactory compliance with all conditions as listed on the Development Application Notice and prior to the issue of an Occupation Certificate.

Verification of Works

51. Works as executed’ (WAE) plans certified by a consulting engineer or registered surveyor for all new works within the road reserve as required by this development consent must be submitted to Council for review and records upon completion of the works. The certification must state the information shown on the plans is a true and accurate representation of the constructed works. The WAE information is to be marked in red is to be provided on a copy of the Council approved plans. Where works are not within the tolerances specified in Council’s Development Construction Specifications, the certifying engineer / surveyor ,must confirm, in writing, the works still comply with the intent of the original design, specifications and relevant Australian Standards.

PART G

REASONS FOR CONDITIONS

Conditions of consent have been imposed to:

1. Ensure the proposed development:

a) achieves the objects of the Environmental Planning and Assessment Act, 1979;

b) complies with the provisions of all relevant environmental planning instruments;

c) is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

2. Ensure that the relevant public authorities and the water supply authority have been consulted and their requirements met or arrangements made for the provision of services to the satisfaction of those authorities.

3. Meet the increased demand for public amenities and services attributable to the development in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979.

4. Ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

5. Minimise any potential adverse environmental, social or economic impacts of the proposed development.

6. Ensure that all traffic, carparking and access requirements arising from the development are addressed.

7. Ensure the development does not conflict with the public interest.

PART H

OTHER COUNCIL APPROVALS

Section 68 Local Government Act

Approval to Connect to the Reticulated Sewerage System

1. Approval for Sewerage, Plumbing and Stormwater Drainage is granted subject to the following conditions:

General

2. In accordance with the Plumbing and Drainage Act 2011, plumbers and drainers must submit the following documents to Shoalhaven City Council.

a) Notice of Work is to be issued to Shoalhaven City Council no later than two (2) business days prior to the commencement of any work.

b) A Certificate of Compliance is to be issued to Shoalhaven City Council and to the person for whom the work was carried out on completion of the final inspection.

c) A sewer service diagram is to be issued to Shoalhaven City Council and the owner of the land or the owner’s agent at the completion of the drainage works.

3. All plumbing and drainage work must comply with the Plumbing Code of Australia and Australian Standard AS/NZS 3500, and the relevant NSW amendments.

Inspections

4. Council must be given at least 24 hours’ notice to allow for the inspections of:

*Type of Inspection:*	Stage of Construction:
Internal drainage	All internal drainage pipework installed and under hydraulic test, including any required bedding material, and prior to backfilling.
Hot and cold water service	All pipework installed and under hydraulic test.
External drainage	Pipework installed and under hydraulic test, septic tank installed or sewer connected (which ever applicable)
Final inspection of drainage works	All drainage works including stormwater

Both the internal and external drainage lines are to be under Hydraulic test at the time of the inspection.

Before Commencing Construction

5. The builder should locate the position and depth of the sewer junction before commencing construction, to ensure that the top of the overflow gully is a minimum of 900mm above the soffit of the sewer main. Copies of sewer main diagrams issued by Council must be treated as a guide only when locating the junction position.

Yard Gully

6. A minimum height of 150mm must be maintained between the top of the overflow yard gully riser and the lowest fixture connected to the drain. The height must be measured vertically from the overflow level of the gully riser, or from the invert level of the overflow pipe, to the appropriate point given in Table 4.3 of AS3500. The minimum height between the top of the overflow yard gully riser, or the invert of the overflow pipe, and the surrounding ground surface level must be 75mm, except where the gully riser is located in a path or a paved area where it must be finished at a level so as to prevent the ponding and ingress of water into the drainage system.

Site Management – Stormwater

7. Stormwater from the development, including surface water falling on paved areas and driveways, is to be conveyed to the street gutter in Junction Street via drainage designed and constructed in accordance with AS/NZS 3500.3.2 – Stormwater drainage and the Building Code of Australia. Stormwater must not be discharged onto and/or cause any nuisance to any neighbouring properties for the life of the development.

Rainwater Facility - Aboveground

8. Water stored in the tank must be plumbed into the dwelling such that it is supplied to each of the fixtures listed in the BASIX Certificate for the property. Plumbing must be in accordance with the current edition of the AS/NZS 3500 National Plumbing & Drainage Code.

It will be necessary to install, maintain and repair the facility so that it functions in a safe and efficient manner in accordance with the current editions of AS/NZS 3500 National Plumbing and Drainage Code and the New South Wales Code of Practice Plumbing and Drainage.

The tank inlet must be located a minimum of 500mm below the outlet of the eave gutter.

The tank is to be installed on a firm flat and stable platform in accordance with manufacturer’s recommendations. Tanks located over fill material should be placed on a concrete slab.

Pumps must be located and installed to minimize any potential noise nuisance to surrounding residents, and in the case of a permanent electric pump, must be installed by a licensed electrician. Pump performance must achieve a minimum 300 Kpa output.

Overflow from the tank must be directed into an existing storm water system.

Any town water top-up of the tank must be by indirect connection by means of a visible “air gap”, external to the rainwater tank, in accordance with the provisions of the National Plumbing and Drainage Code, AS/NZS 3500 – Minimum air gap requirements.

Marking and labelling of rainwater services must be in accordance with AS 1345 – “Identification of the contents of pipes, conduits and ducts” including distribution pipes, rainwater pipes and tank outlets.

PART I

ADVICE ABOUT RIGHTS OF REVIEW AND APPEAL

Development Consent under Environmental Planning and Assessment Act, 1979

Section 97 of the Environmental Planning and Assessment Act, 1979 confers on an applicant who is dissatisfied with the determination of a consent authority a right of appeal to the Land and Environment Court which can be exercised within twelve (12) months after receipt of this notice.

Approvals under Local Government Act, 1993

Section 100 of the Local Government Act, 1993 provides that an applicant may request Council to review its determination of an application.

Section 176 of the Local Government Act, 1993 provides that an applicant who is dissatisfied with the determination of the Council may appeal to the Land and Environment Court. The appeal must be made within twelve (12) months of the date of determination.

PART K

GENERAL ADVICE TO APPLICANT

Privacy Notification

Personal information contained on this Development Consent and any associated documents will be published on Council’s website as required by the Government Information (Public Access) (GIPA) Act 2009.

Disclaimer – s88B restrictions on the use of land

The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Under clause C 1.9A of Shoalhaven Local Environmental Plan 2014 agreements, covenants or instruments that restrict the carrying out of the proposed development do not apply to the extent necessary to enable the carrying out of that development, other than where the interests of a public authority is involved.

Inspections

If Council is the appointed PCA for this project, a minimum twenty-four (24) hours’ notice must be given to Council to make an inspection of the work.

DBYD Enquiry - ‘Dial Before You Dig’

In order to avoid risk to life and property it is advisable that an enquiry be made with “Dial Before You Dig” on 1100 or www.dialbeforeyoudig.com.au prior to any excavation works taking place to ascertain the location of underground services.

SIGNED on behalf of Shoalhaven City Council:

Signature

Name

Development Committee – Monday 07 November 2016

Page 423

Section 79C Planning Assessment Report

DA16/1369 - Multi Dwelling Housing Development – 25 Junction Street, Nowra

1. Executive Summary

· The proposal seeks approval for demolition of a shed, the erection of 2 x 3 bedroom units and 1 x 2 bedroom single storey units, with garages. The Community title subdivision was formally withdrawn from the application on 14 October 2016. The development is permissible, subject to development consent under the Shoalhaven Local Environmental Plan 2014.

· The owner is Janack Pty Limited and applicant Lee Carmichael Town Planning (replacing Hotondo Homes).

· The property is located at 25 Junction Street, Nowra.

· The proposal was amended on 2 occasions during the assessment process, with the amendments being notified to objectors.

· The application was notified on 3 occasions resulting in 7 objections on the first occasion, 6 during the second and nil on the third.

· The subdivision component was referred to the Development Committee on 10 October 2016. The matter was put to Committee given the variation to the development standard being 350m². As part of the recommendation made by the Committee, the development application was called up for consideration.

· The proposal has been assessed under section 79C of the Environmental Planning and Assessment Act 1979 and as a result, no major objectionable issues or matters were identified which would warrant refusal of the application. Accordingly, conditional approval is being recommended.

Figure 1 – photomontage of proposed development

2. Background

2.1 Proposal

The application proposes removal of an existing shed. Construction of a 2 x 3 bedroom and 1 x 2 bedroom single storey dwellings.

The application does not propose removal of the existing residence as the intention is to obtain a Complying Development Certificate (CDC). Development Consent has been granted for the relocation of the dwelling to a property in Milton via Development Consent DA16/1675.

The Development Application (DA) was lodged in March 2016. It has had a lengthy assessment largely attributable to design issues including streetscape impacts and some non-compliances which were essentially resolved through the assessment process. Significantly, this included the removal of parking in the front setback area and a substantial change to the building design changing it from a modern contemporary design trend with low pitched skillion roofs to a more conservative traditional hipped roof form.

2.2 Subject Site and Surrounds

The subject land, being Lot 1 in DP 81167, 25 Junction St, Nowra is within an established residential area zoned R1 – General Residential under the Shoalhaven Local Environmental Plan 2014 (SLEP 2014). It has direct frontage to Junction Street and is vicinity to heritage items but is not heritage listed itself.

The land has a regular rectangular shape with an area of 815.69 square metres and is joined by single dwellings on either side. St Michael’s Catholic Primary School adjoins at the rear. The site has a slight fall away from the street and does not contain and easements. Sewer is connected.

The site is occupied by an older style weatherboard and iron roof cottage. A fibro single storey garage is also situated on the site. A large Jacaranda tree is located in the road reserve. The tree is to be retained. The site is located in an older established part of Nowra containing a mixture of dwelling types.

The site is located about 450m from the Shoalhaven River which triggers consideration of the State’s State Environmental Planning Policy 71 – Coastal Protection, which is discussed in further detail later in this report.

2.3 Background information concerning the application

Prelodgement

No prelodgement meetings were held with respect to the DA. There were no information discussions about the proposal with Council assessment staff.

Post Lodgement

The DA was lodged on 29 March 2016. Following initial neighbour notification which yielded 7 objections, and referral advice from Council’s Heritage Advisor, amended plans were submitted. The amendments included the removal of the car space located in the front building setback area.

The application was renotified and further objections were received. There were 6 on this second occasion. Council’s engineer highlighted concerns with turning and parking. The assessing officer also identified other design issues. The applicant was invited to respond and a further revision was made.

The issue with the lot size, that is, the lots being under the 350 square metres minimum was drawn to the attention of the applicant who considered withdrawal of this subdivision component of the application. The applicant was advised that the policy departure would require the matter to be put before Council. On 18 August 2016 the applicant confirmed that the subdivision component would be retained. The subdivision was reported to Development Committee on 10 October 2016.

Council on 10 October 2016 resolved:

1. That the variation to the minimum lot size not be supported

2. That Council review the zoning in this location with a view to change to R2 in Central Nowra

3. If necessary the General Manager report back to the Development Committee on the 79c assessment for the subject application, given the extent of public interest in the development application.

4. The General Manager also report back on Development Guidelines that could be adopted to assist in preserving the character of central Nowra. In addition could Council report back on ways that it could work with the Old Houses Our History group to identify the most significant streetscapes for additional consideration for preservation / protection

After the meeting on 10 October 2016, the application was formally amended to delete the subdivision component.

Figure 2 – Original Proposal

Figure 3 – Development under consideration as modified

2.4 Planning Framework

In summary the following apply and will be discussed in the section 79C assessment:

· State Environmental Planning Policy 71 – Coastal Protection;

· State Environmental Planning Policy 55 – Remediation of Land;

· State Environmental Planning Policy (BASIX) 2004;

· Shoalhaven Local Environmental Plan 2014;

· Shoalhaven DCP 2014; and

· Contribution Plan 2010.

3. Section 79C Assessment

Statement of Compliance / Assessment

3.1 S79C(1) (a) (i – iv) Any planning instrument, draft instrument, Development Control Plan, Planning Agreement, Regulation and coastal zone management plan that applies to the land

State Environmental Planning Policy (SEPP) No.71 – Coastal Protection:

The intention of this SEPP is to protect the unique attributes of the NSW Coast. The aims of the SEPP are numerous but are intended to protect and manage the natural, cultural, recreation and economy attributes of the coast by ensuring access, preserving aboriginal heritage, visual amenity of the coast, protect the natural environment, and ensure that development is appropriate and protects natural scenic quality. The SEPP requires certain development applications to be referred to the Director General of the Department of Planning and Environment. These developments are in the sensitive coastal zone.

The DA for 25 Junction St, Nowra is not within the sensitive coastal location and referral is not required.

In summary, the development is located some distance from the coast / Shoalhaven River and largely due to the distance from the coast and location in an established urban area, the proposal is not expected to compromise the NSW Coastline or Coastal Policy.

Council is required to consider the matters listed in clause 8 of the SEPP when determining a development application. The provisions of this clause relating to development in the coastal zone have been considered. Specifically, it is considered that the proposal:

· is not inconsistent with the aims of the Policy;

· has no impact on existing public access to the foreshore;

· will not impede opportunities for new public access;

· is not unsuitable having regard to its type, location and design and relationship with the surrounding area;

· will have no detrimental impact on the amenity of the foreshore;

· will have no significant impact on the scenic qualities of the coast;

· will have no impact on the conservation of animals and plants within the meaning of the Threatened Species Conservation Act 1995;

· is not relevant to measures to conserve fish and marine vegetation;

· will have no impact on existing wildlife corridors;

· will have no interaction with coastal processes and coastal hazards;

· will have no impact on measures to reduce the potential for conflict between land and water based coastal activities;

· will have no adverse impact on measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals;

· will have no impact on water quality of coastal waterbodies;

· will have no impact on the conservation and preservation of items of heritage, archaeological or historical significance;

· will have no measurable cumulative impact on the environment; and

· Will implement measures to ensure that water and energy usage is efficient.

The issue of heritage is explored further under the heading Shoalhaven Local Environmental Plan 2014 below.

Clauses 14, 15 and 16 of the Policy set out further considerations relating to public access, effluent disposal and stormwater about which Council must be satisfied before granting consent. In this regard it is noted that:

· the development will not impede or diminish the physical, land-based right of access of the public to or along the coastal foreshore (cl. 14);

· the development will be connected to Council’s sewer and no effluent is to be disposed of by a non-reticulated system (cl. 15);

· The development will not discharge untreated stormwater to any body of water or rock platform (cl.16).

State Environmental Planning Policy (SEPP) No.55 – Remediation of Land:

SEPP 55 requires Council to consider whether the land is contaminated. Council has no evidence that the land is or has been contaminated or used for a purpose likely to result in contamination. There is no evidence of prior activities or landfilling that could give rise to contamination. The land appears to have been used for residential purposes for most of the last century. Consequently it is highly unlikely that the land is contaminated.

The garage and existing house may contain some asbestos materials. Appropriate conditions of consent can be imposed, if consent is granted, to ensure safe removal and disposal of any asbestos.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004:

BASIX commitments have been identified on the plans and a BASIX Certificate submitted. Any development consent, if issued, will be conditioned to require all commitments on the submitted BASIX Certificate to be complied with prior to issue of an Occupation Certificate.

Shoalhaven Local Environmental Plan 2014 (SLEP 2014)

Summary

· Land Use Table: The land is zoned R1 General Residential under SLEP 2014. The proposal is defined as multi dwelling housing which is permissible with consent in this zone. Further, in the assessment of a DA, Council via clause 2.3 (2) Council must have regard to the zone objectives.

· Clause 4.3 (Height of buildings): The proposal does not exceed the maximum height limit of 11m.

· Clause 5.5 (Development within the Coastal zone): This clause largely parallels the considerations under SEPP 71.

· Clause 5.10 – Heritage conservation. Whilst the building is not a heritage item nor located in a heritage conservation area, the street itself is acknowledged as a heritage item.

· Clause 7.1 (Acid sulfate soils). The land is identified as Class 5. No issues arise as a result of the proposed development.

· Clause 7.9 (HMAS Albatross Airspace Operations). The proposal is well under the 90m limitation that applies in the area under the Defence (Area Control) Regulation.

Clause 2.3 (2) – Zone Objectives

The land is zoned R1 – General Residential. The objectives of the zone are:

· To provide for the housing needs of the community.

· To provide for a variety of housing types and densities.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

· To identify land suitable for future urban expansion.

Having regard to the objectives of the zone, the development will provide additional housing and be of a type and location which will provide for housing choice and variety in a location close to the CBD.

Accordingly, the proposal is considered not to be inconsistent with the objectives of the zone.

Clause 5.10 – Heritage Conservation

The site or buildings on the site are not identified as heritage items. However the development is considered development within vicinity of an item. The heritage status of the street has been acknowledged by listing the street, as locally significant, notably referring to the Jacaranda trees which contribute to the landscape value of the area.

Whilst concern was expressed with respect to the private open space and fence in front of the development, Council’s Heritage Advisor noted that the fence does not extend across the entire frontage.

The advisor recommended the following to address this issue and removal of the dwelling:

· That an archival record of the dwelling is to be made prior to demolition. The record must be deemed satisfactory by Council prior to the removal of the building. Reference is to be made to the Photographic Recording of Heritage Items using Film or Digital Capture by the NSW Heritage Office, 2001, revised, 20014 and 2006.

· The turf area at the front of the dwelling is to be landscape with trees and shrubs and a border constructed to prevent cars driving onto the area.

The above have been incorporated into the draft conditions of consent.

Shoalhaven Development Control Plan

Summary

· Chapter G3 – Landscape Design Guidelines

· Chapter G7 – Waste Minimisation and Management Controls

· Chapter G14 – Other Residential Development
Chapter ** - Car Parking and Traffic

Chapter G3: Landscaping Design Guidelines

The application includes a concept landscaping plan which generally complies with the requirements of G3. The Heritage Advisor has recommended that the areas shown as ‘turf” at the front of the dwelling is to be landscaped with trees and shrubs and a border constructed around the perimeter to prevent cars from driving on to this area. Conditions of consent can be imposed to amend the landscaping plan in accordance with the Heritage Advisor’s recommendation and to ensure that landscaping is completed in accordance with the plan prior to the issue of an occupation certificate.

There is a numeric departure from the standard reuqired for landscaping in chapter G14 (see below and as discussed in the table summarising public submissions). The departure has been calculated to be less than 10%. Refer to section 3.4 of this report.

Chapter G7: Waste Minimisation and Management Controls

Separate waste minimisation and management plans (WMMP) were submitted for demolition and construction. Ongoing waste will be managed through kerbside collection using Council’s domestic waste collection service. There is adequate street frontage for this to occur. A condition of consent is recommended to require compliance with the WMMP and for bins to be stored within private areas when not placed out for collection. Conditions are required and can be imposed with respect to demolition and asbestos management, if found during demolition.

SDCP 2014 - Chapter G14: Other Residential Development

The application has been assessed against the provisions of this chapter of the DCP and generally complies. A detailed assessment against G14 can be seen the Checklist attached.

Conditions are required to address the following:

· lighting for all pedestrian paths, shared areas, parking area and building entries;

· SW notice;

· individual water meters (covered in the SW notice);

· amended landscape plan to address Heritage Advisor’s recommendations;

· fencing forward of the building line and visible from the street to be of a material other than metal, and adjoining driveway to be of masonry construction to provide adequate acoustic privacy to adjoining residence;

· fencing on boundaries to be 1.8 m high to provide adequate privacy;

· noise condition to limit AC and pump noise;

· protection of footpath tree; and

· front fence and hedging.

Chapter G21 - Car Parking and Traffic

The development generally complies with the provisions of this chapter of the DCP. Council’s Development Engineer identified inadequate manoeuvring area for the garage for Unit 3. This has been addressed in the second version of amended plans by widening the garage. Also an issue is the location of the laundry in the garage of Unit 2 and resultant inadequate room for access. The applicant has provided a detail plan showing how a typical car can be parked in the garage while allowing 1m access to the laundry.

Contribution Plan 2010

Project	Description	Rate	Qty	Total
01AREC2006	Northern Shoalhaven Sports Stadium	$538.78	1.2	$646.54
01AREC2008	Planning Area 1 - Active recreation facility upgrades	$196.97	1.2	$236.36
01AREC3007	Nowra Swimming Pool Expansion	$383.53	1.2	$460.24
01CFAC2003	Nowra District Community Centre	$136.69	1.2	$164.03
01CFAC2012	Nowra District Integrated Youth Services Centre	$30.69	1.2	$36.83
CWAREC2004	Synthetic Hockey Field Facility	$78.41	1.2	$94.09
CWCFAC0003	Shoalhaven City Arts Centre	$35.28	1.2	$42.34
CWCFAC0004	Shoalhaven Mobile Childrens Services	$11.68	1.2	$14.02
CWCFAC0005	Shoalhaven Multimedia & Music Centre	$11.60	1.2	$13.92
CWCFAC0006	Shoalhaven City Library Extensions	$307.55	1.2	$369.06
CWCFAC2002	Shoalhaven Multi-Purpose Cultural & Convention Centre	$1,426.07	1.2	$1,711.28
CWFIRE2001	Citywide Fire & Emergency services	$127.86	1.2	$153.43
CWFIRE2002	Shoalhaven Fire Control Centre	$187.06	1.2	$224.47
CWMGMT3001	Contributions Management & Administration	$531.71	1.2	$450.18
CWOREC2001	Embellishment of Icon and District Parks and Walking Tracks	$228.50	1.2	$274.20
MACFAC2002	Northern Shoalhaven Community Transport and Family Support Services	$7.20	1.2	$8.64
MACFAC4001	Northern Shoalhaven Integrated Children's Services	$43.63	1.2	$52.36
TOTAL				$4,951.98

A total of $4,951.98 in section 94 conditions is to be levied.

Draft Instruments

There are no draft instruments that apply to the site or development or no coastal zone management plans.

Environmental Planning and Assessment Regulation 2000

With respect to the Regulations, the following comments are made.

· The Coastal Policy – this is enforced via State Environmental Planning Policy No. 71 – Coastal Protection.

· AS2601 – the demolition of structures. In the event that a development consent is issued and demolition is required, Council typically requires the demolition to be undertaken into accordance with relevant standards and requirements including AS2601. This sets out requirements for the planned demolition of buildings and certain other structures so that the risk to workers and other site personnel and the public is minimised. It covers the methods and safety procedures as well as protection of adjoining buildings, the immediate environment and site.

3.2 Likely impact of the development on the natural and built environmental and social and economic impacts in the locality

Threatened Species

The site is cleared of native vegetation and has been used for residential purposes for about 100 years. There is no relevant habitat on or near the site. Consequently it is considered that the development will have no impact on threatened species.

Waste disposal

Management plans have been provided.

Noise and odour

Construction noise will be managed by a condition limiting construction activity to normal hours. There are no unusual sources of odour likely.

Traffic/access

Increased traffic will result from the development. However Junction Street in this area is lightly trafficked and well capable of accommodating the likely increased traffic movements. Access is in accordance with Council’s design standards for this class of development. Car parking has been assessed as satisfactory and numerically compliant with Council’s controls.

Context and Setting

The surrounding development is characterised by single dwellings on relatively large blocks of land. As noted elsewhere, this section of Junction St is remarkably consistent in its character, with noteworthy features being consistent roof forms and slopes building setbacks, and low front fences separating public space from private. The second version of the amended plans has addressed most of these contextual issues.

Drainage

The land falls very slightly to the rear. A concept drainage plan by SET Consultants (refer Council’s reference D16/113903) has been submitted and demonstrates gravity drainage of roofed and paved areas to the street gutter. This plan can be referenced as part of the suite of approved plans in the event of approval of the application.

Sediment and Erosion Control

No plan addressing this issue has been submitted. This is a matter that can be ‘conditioned’.

Social and Economic Issues

The development, if approved will provide additional housing in a desirable area, close and convenient to town. It will provide for additional housing supply and choice.

There will be short term impacts with respect to construction work and jobs.

It is not considered that there will be adverse social or economic impacts as a result of 3 new dwellings, albeit that the neighbours are aggrieved about the proposal.

Solar access

No shadow diagrams were submitted with the application, but as the development is completely single storey and of a relatively low height, solar access to neighbours is not likely to be significantly affected. It is not unreasonable to expect a single storey development to be constructed on R1 land. Solar access within the development has been considered under G13.

Tree removal

There are no significant trees on the site. There is a large Jacaranda tree on the footpath which is to be retained.

3.3 Suitability of the site

The site is zoned for this type of development. It is permissible with consent. There are no obvious physical impediments to development.

3.4 Any submittions made in accordance with the Act or Regulations

Issue	Comment
First set of plans
Development will have a significant impact on the heritage significance of Junction Street and its important role in the cultural life of the town	This has been considered in the assessment of the application. The second set of amended plans are considered to be acceptable.
Existing interwar house is a prime example of the architecture of the period and its removal will detract from the streetscape.	As the site is not itself heritage-listed, removal or demolition of the house is a complying development and does not require development approval. Advice from the Heritage Advisor is that it would be preferable to retain the existing dwelling.
Development will irreversibly change the attractiveness and ambience of the neighbourhood and Nowra’s heritage precinct.	The second set of amended plans including a more compatible roof form and are considered to be acceptable.
Plans and documentation initially submitted with the application are inadequate.	Shortcomings have been addressed.
Development is not sympathetic to existing development.	The second set of amended plans are considered to be acceptable.
Will have social and economic impacts and impacts on amenity of surrounding residences.	Social and economic impacts of one small three unit development will be minimal. Amenity impacts have been considered in G14 Checklist Refer to HPERM Ref D16/251471 (also attached to this report).
Loss of visual and acoustic privacy	Development is single storey. Both impacts have been assessed in G14 Checklist.
Additional vehicle movements will increase hazards to vehicular and pedestrian traffic	Additional vehicle movements will result but are considered to be marginal. Junction Street is wide and has relatively low levels of traffic.
Does not provide minimum of 35 sq m private open space	Units 1 and 3 comply. Unit 2 is deficient by 30% (35 sqm required, 25 sq m provided). However clothesline and water tank are located in the narrower parts of the open space that does not count towards the 35 sq m, so the resulting area is functional.
Acoustic privacy of neighbours will be affected by driveway	Adequate acoustic privacy will be obtained for adjoining residences with condition for 1.8 m boundary fence and usual condition to manage AC noise.
Application does not address SEPP 71	Has been addressed in Council assessment – no real impact for this site.
Heritage impact not adequately addressed	Heritage Advisor has considered initial and amended plans and finds the amended plans acceptable subject to upgraded landscaping.
Inadequate on-site parking will lead to parking congestion in Junction Street	Parking complies with Council DCP including a reduction of 1 car space (deletion of visitor’s space) in accordance with CBD parking bonus. Overflow parking may occur from time to time in Junction St.
Three units in this location is an overdevelopment	Proposal is consistent with zoning and DCP floor space density measures. Development is 9.8% below the minimum landscaped area. This is a function of the development having a large footprint due to being all single storey.
Development will cause conflict in the local community	There is no evidence that this will occur.
Infrastructure in the area is inadequate to cater for increased density	Infrastructure is generally quite adequate for the development.
Development will have an adverse impact on the economic and tourism values and benefits flowing from the retention of the historical character of this part of Nowra	With the changes in the second set of amended plans, the impact of the development on the streetscape will be minimised. There is no evidence that this development will have an adverse economic or tourism impact.
Existing house should be retained and/or adaptively reused or kept as part of a dual occupancy with a new dwelling at the rear.	Existing house is not heritage listed so it can be removed without the need for development consent.
Drainage is an issue in the vicinity and development will exacerbate that. Excessive impervious area will cause drainage problems	A concept drainage design has been provided that drains all roofed and sealed areas to the street gutter.
Additional noise from garbage collection vehicles	Two additional collections at this location is considered to have a very minor impact.
Additional impact from light emissions	Minor if any impact.
Development will have an impact on the bird and wildlife population in the area	There is no evidence for this. There will be more plantings in the new development than exist at the present, with between 25 and 30 native shrubs and small trees, potentially providing more habitat for birds in particular.
Development will decrease the value of surrounding properties	There is no evidence supporting this assertion.
Development environment that allows this type of development is due to short-sighted and mistaken legislative framework foisted on local communities by the State government	This is not an issue for Council to consider in assessing this application.
Amended plans
Amended plans have deleted the visitors car space – loss of on-site parking	Deletion of visitor’s space is consistent with DCP Chapter 21 Nowra CBD 200m parking discount area.
Driveway still of gunbarrel design	Applicant has provided as much landscaping around driveway as is consistent with adequate vehicular manoeuvring areas. The driveway is not disimilar to illustrations for this type of development in Council’s DCP – see figure 1 on Page 7 of Chapter G14.
SEE is inconsistent with plans	Later version of SEE submitted with second set of amended plans has addressed the inconsistency.
Amended timber slat fence is no more sympathetic to the locality	Fence is modelled on similarly styled but lower fences in Junction St (eg No. 31 Junction St).
Amended plans do not respond adequately to heritage advisor’s concerns	Heritage Advisor has considered initial and amended plans and finds the amended plans acceptable subject to upgraded landscaping.
Landscape area does not meet Council’s minimum requirements	Development is 9.8% below the minimum landscaped area. This is a function of the development having a large footprint due to being all single storey.
Clothesline and water tank in front yard of Unit 1 do not make for better presentation	Water tank has been relocated to behind front building line. Clothes line will be screened by the 1.8 m high front fence.
Development is still not sympathetic	The second set of amended plans are considered to be acceptable.
Drainage still an issue	A concept drainage design has been provided that drains all roofed and sealed areas to the street gutter.
SEE is incorrect is stating that there are no heritage items within 250m	Agreed – White House (30 Junction St) is opposite and former convent (22 Junction St) is within 80 metres. Junction St and the grounds of St Michael’s Catholic Church directly adjoin the site.
Sewerage system appears not to have sufficient capacity for existing development	Shoalhaven Water has advised that system has adequate capacity (see D16/206663).

3.5 The public interest

There are no significant matters of public interst with repect to the devleopment. As a result of the matter being considered by Council however on 10 October 2016, it is evident that the community is concerned about the character of the locality and what this type of deveopment may do to that character.

3.6 Other relevant matters

Easements/Restrictions on the use of the land

There are no known easements apparent burdening the land.

Safety and Security

No formal Safer by Design Assessment has been conducted. Council’s planning documents do not require the submission of same and the applicant has not submitted an assessment of this type. However, aspects of the principles of Safer by design are indirectly referenced in Section 5.1.1 of Chapter G14 of Shoalhaven DCP 2014. Typical of most residential unit developments of this type, there is good surveillance of communal areas from the ground floor living areas of all units and clear separation of public and private outdoor spaces by way of fences and gates. Performance criteria P1.2 (Ch. G14, SDCP 214) requires that adequate light is provided to all pedestrian paths, shared areas, parking areas and building entries, and a condition of consent reinforcing this requirement could be imposed.

Cut and Fill

Finished floor levels and site levels are shown on the plans submitted with the application. Generally the development works with the existing landform and cut and fill is limited to the minimum required to provide appropriate construction pads for each building.

Flooding

The subject site is not identified as being flood prone on Council’s mapping.

Footpath Provision

There is an existing footpath at the frontage of the site.

3.7 Referrals (Internal/External)

Building Surveyor

Council has not been nominated as the PCA. Applicants / developers have the option of using Council or a private certifier.

Fire and sound separation between attached Units 1 and 2 must comply with the fire and sound separation deemed to satisfy provisions of the BCA 2015 Volume 2. A minimum FRL of 60/60/60 must be achieved.

HPERM Ref D16/95402.

Development Engineer

Recommended conditions are listed in D16/146712 and are included in the draft determination notice.

Heritage Advisor

The Heritage Advisor (HA) did not support the first set of plans (see D16/107076). The HA supported second set of amended plans subject to conditions requiring an archival record to be made of the existing dwelling prior to demolition and for the ‘turf’ area at the front of the site to be landscaped with trees and shrubs and a border constructed around the perimeter to prevent cars from driving onto that area (See HPERM Ref D16/164604).

Shoalhaven Water (SW)

No objection to the development subject to the imposition of the usual SW condition and the attachment of the SW notice to any consent (see HPERM Ref D16/205717).

GIS Unit

Provided street numbers for individual units.

3.8 Options

Options available to Council are:

· Refuse the application;

· approve as proposed, with or without conditions;

3.9 Delegation of Authority

The application has been called up to Council for consideration and determination.

4. Conclusion

This application has been assessed having regard to the Matters for Consideration under section 79C of the Environmental Planning and Assessment Act 1979. Following a detailed assessment, it is considered that Development Application No. 16/1369 can be supported subject to suitable conditions being imposed as detailed in this report.

With respect to the current planning framework, which this application must be assessed under there are no substantive planning reasons to warrant refusal.

There are no major deficiencies or overwhelming reasons to warrant refusal.

Recommendation

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

Development Committee – Monday 07 November 2016

Page 437

DCP Chapter G14 – Medium Density Housing (DA16/1369 – Assessment) Attachment to s79C Report

Control	Objectives	Performance Criteria	Acceptable solution	Proposed under DA16/1369 (assessment against acceptable solutions and performance criteria))	Compliance with DCP and other comments
5.1.1 Security, site facilities and services	Refer to DCP	P1.1 – Buildings adjacent to public or communal streets or public space are designed to allow casual surveillance and should have at least one habitable room’s window facing that area.		Unit 1 has good surveillance. Units 2 and 3 have minimal surveillance of public areas but do have at least one window each	Complies
			A1.1 – Shared entries to buildings should serve a maximum of twelve dwellings.	No shared entries	NA
		P1.2 – Adequate light is provided to all pedestrian paths, shared areas, parking area and building entries.		No information on lighting provided – can comply	Will comply with condition.
		P1.3 – Adequate open-air clothes drying facilities are easily accessible to all residents	P1.4 – External clothes drying facilities are to be provided at a rate of 7.5m of line per dwelling, unless clothes drying facilities are provided within units.	Drying areas shown on plans for each unit	Complies
		and are visually screened from the street.		Unit 1 Drying area is within the front setback but is screened by the proposed courtyard wall	Complies
		P1.4 – Garbage bin areas, mail boxes and external storage facilities are sited and designed for attractive visual appearance and for efficient and convenient use.	A1.1 – A garbage pick-up area capable of accommodating one garbage bin per dwelling (wheelable type) should be provided at the public road frontage. A1.3 – If the garbage pick-up area is to be a bin storage area, it should be: · Designed to conceal its contents from the view of public places and adjacent properties; · Provided with a water tap for washing down purposes and drained to connect to the main sewer; · Roofed to comply with Council’s requirements; · Located to be readily accessible from within the site and serviceable from the adjoining roadway. A1.5 – Individual mailboxes should be located close to each ground floor dwelling entry, or a mailbox structure close to the major pedestrian entry to the site and complying with the requirements of Australia Post.	There is no communal bin storage area. Each unit has adequate private outdoor area for bin storage. There is adequate frontage for bins to be placed on the street, as proposed, for collection. A bank of three letterboxes is proposed at the driveway entry.	Complies
		P1.5 – Adequate storage areas and clothes drying facilities are provided.			Complies
		P1.6 – Adequate numbering system and signage is provided.			Will comply with condition.
		P1.7 – The design and provision of public utilities, including sewerage, water, electricity, street lighting, telephone and gas services to conform to the cost-effective performance measures of the relevant servicing authority.	A1.6 – Individual water meters will be required to assist the individual billing of dwelling units. A1.7 – You should ensure that services and utilities including electricity, gas, water, sewer, roads and drainage are available for the initial development and ongoing development needs.	Individual meters for services including water and electricity. Services are available in the area. Sewer and water will be subject to conditions provided by Shoalhaven Water.	Will comply with conditions.
		P1.8 – Compatible public utility services to be coordinated in common trenching in order to minimise construction costs for underground services.		Can be achieved	Complies
		P1.9 – Development to be within locations where reticulated water supply services, complying with the requirements for domestic and firefighting purposes, is available.		Subject to conditions by Shoalhaven Water	Will comply with conditions.
5.2.1 Site planning and layout	Refer to DCP	P2 – The site analysis informs the site layout.	A2.1 – The proposed site layout implements the findings of a site analysis.	Site analysis indicates awareness of site fall, location of services, approximate location of immediately adjoining buildings, north point, sources of winter and summer winds. No recognition of street character.	Partially succeeds.
		P3.1 – The site layout integrates with the surrounding development through:
		· Adequate pedestrian, cycle and vehicle links to street and open space networks;		Site provides adequate pedestrian and vehicle links to Junction St
		· Buildings facing streets and public open spaces;	A3.1 – Each dwelling should have a sense of address, either fronting the street or having its front door visible from the street.	Unit 1 complies. Unit 2 front door addresses internal driveway. Unit 3 front door is not visible even from the internal road.
		· Buildings, streetscape and landscape design relating to the site topography and to the surrounding neighbourhood character.		Amended plans now have hipped roof design which is far more compatible with neighbourhood character.	Adequate level of compliance
		P3.2 – The site layout takes into account existing streetscape conditions and maintains a reasonable level of amenity.	A3.2 – Any two storey component is to be located to minimise the visual intrusion and shading on adjacent private open space. A3.3 – Private open space and garages should be located to the rear of dwellings to avoid the need for high fences to the street.	No two storey component. Private open space for Unit 1 is located between the building and the street and requires high fencing to provide adequate privacy and screening.	Additional fencing and/or landscaping treatment required to minimise the impact of the POS forward of the building line.
		P3.3 – The site layout enhances personal safety and minimises potential for crime and vandalism.	A3.7 – The units at the front should provide surveillance of the street and the entrance to the development.	Achieved.	Complies
		P3.4 – Dwellings are sited and designed to maximise solar access to living areas.		Unit 1 has one north facing window in the Lounge room. Unit 2 has a north facing window in the Lounge room and one in the Kitchen. Unit 3 has good solar access and orientation with solar access to Bedroom 1, Kitchen and Dining rooms. Garages for Units 1 and 2 impair opportunities for solar access to Unit 1. Reasonable access is achieved but solar access to living areas is not maximised.	Acceptable level of compliance
		P3.5 – Open space areas contribute to the character of the development, provide for a range of activities, are cost-effective to maintain, and contribute, wherever possible, to stormwater management.		All Units have some private open space areas available. As far as is possible to ascertain, this performance criteria is met.
		P3.6 – In areas exposed to significant areas of off-site noise (the site layout) assist(s) in minimising noise entry.		No known sources of significant off-site noise.	NA
		P3.7 – The visual impact of ancillary landscaping or retaining structures is considered.	A3.9 – The visual impact of retaining walls must be taken into consideration in your application.	Minimal if any retaining walls.	Complies
			Additional acceptable solutions:
			A3.4 – The driveway alignment should be designed to avoid a gun-barrel effect down the side boundary.	Driveway is aligned to the eastern boundary with a narrow landscape strip. Amended plans have slightly reduced the dominance of the driveway.	Acceptable
			A3.5 – Living area windows are not located adjacent to a shared driveway at ground floor level.	Units 1 and 2 have Lounge Room windows located next to driveway. Amended plans have not altered this relationship. A3.5 does not relate to any particular Performance Criteria, however it is related to amenity and noise impacts. The non-compliance is considered to be minor having regard to the small number of dwellings serviced by the driveway.	Acceptable
			A3.6 – Units are clustered around a central communal open space area.	No central communal open space areas	NA
			A3.8 – You should design your main habitable rooms to overlook the communal space and avoid overlooking adjoining properties.	See 3.6. Overlooking is avoided due to single storey nature.	Complies
5.2.2 Scale and density	Refer to DCP	P4 – The scale of new development is compatible with and sympathetic to the scale and bulk of existing development in the locality, particularly on the perimeter of the site, or where that locality or development site has some heritage significance or distinctive character.	A4.1 – The maximum floor space ratio for medium density development on any other site (ie other than where FSR applies under SLEP 2014) is 0.35 (total gross floor area: site area). A4.2 – The landscaping area provided on the site must be at least 35% of the site. A4.3 – The remaining area of the site should accommodate driveways, parking areas, drying yards etc.	FSR is 0.30 – complies. Landscaped area is 0.32. This is 9.8% below the minimum required.	Landscaped area is slightly deficient.
5.2.3 Density bonus	Refer to DCP	Refer to DCP	Refer to DCP		NA
5.2.4 Streetscape and building appearance	Refer to DCP	P6.1 – The scale and appearance of new development is compatible and sympathetic to existing development in the locality, particularly where the development site or its surrounds has some heritage significance or distinctive character.	A6.1– A statement of environmental effects should demonstrate how the proposal fits in with the existing streetscape. A6.2 – Street elevations for all buildings facing public and communal streets show: · buildings adjacent to the public street address the street by having a front door and/or living room windows facing the street; · the difference in building height between existing buildings and new development is not more than one storey when viewed from the public street; · building design, roof form and detailing visible from public areas are not in strong visual contrast with the character of surrounding development; · buildings with a maximum unarticulated length of 15m to the public street frontage: punctuation by bay windows, verandahs, balconies or wall offsets is considered to be adequate articulation; · buildings (are) detailed or articulated to enable individual dwellings to be identified from public roads.	SEE states that the proposal is sympathetic to the existing streetscape but does not demonstrate how it does that. · Public street is satisfactorily addressed · No difference in building height · The amended plans show a hipped roof form that is consistent with surrounding development, where roof forms of main buildings are consistently hipped, or gabled and hipped, with roof pitches of 20 degrees or greater. · Unit 1 is satisfactorily articulated. · Unit 1 addresses the street. The entry for Unit 2 only obliquely addresses the street. The entry for Unit 3 is not visible from the public street and only obliquely addresses the internal driveway. However Units 2 and 3 do address the internal driveway.	Junction Street has a distinctive and consistent character. The amended proposal’s roof form and slope are far more compatible with that character.
		P6.2 – The streetscape reflects the functions and traffic volume of the street and is designed to encourage pedestrian access and to support a sense of place and street identity.		As far as can be ascertained, the proposal complies.	Complies
		P6.3 – Parking and garages do not dominate the frontage of the development.		Amended plan lodged removed the proposed visitor car space in the front setback area.	Complies
		P6.4 – Provision is made for appropriate street tree planting having regard to the appearance and role of the street, solar access requirements and utility services.		There is an existing large Jacaranda tree in the footpath which is proposed to be retained.	Complies
		P6.5 – The frontage of buildings and their entries address the street.		Unit 1 addresses the street. The entry for Unit 2 only obliquely addresses the street. The entry for Unit 3 is not visible from the public street and only obliquely addresses the internal driveway. However Units 2 and 3 do address the internal driveway.	Acceptable
		P6.6 – The building design, detailing and finish provide an appropriate scale to the street, add visual interest and enable differentiation between dwellings when viewed from public streets.		Amended plans still show Unit 2 as not differentiated from Unit 1 due to the shared roof. Front door for Unit 3 is not visible from street frontage. However the buildings do provide an appropriate scale to the street. Each dwelling has an identifiable entry, even if not all are visible from the public road.	Acceptable
		P7 – Existing dwellings which contribute to streetscape character, as well as items of heritage or conservations significance are retained, incorporated and sympathetically treated.	A7.1 – A development application must demonstrate that items of heritage or conservation significance are retained and sympathetically treated.	Existing dwelling is to be removed from the site. However Heritage Advisor has indicated acceptance of its removal.	NA
5.2.5 Setbacks	Refer to DCP	P8.1 – Front setbacks are generally consistent with those of adjoining development, though not necessarily identical. Some variations to minimum setbacks can be considered particularly where such variations are used to create streetscape variety and interest.	A8.1 – Setbacks from the street boundary should be: · 5.5m for single storey; · 9m for over one storey; · 3m from a secondary frontage on corner sites.	Building setback is 5.5m which is considered to be acceptable.	Complies
		P8.2 – The setbacks of buildings are related to their height and the width of the street, in such a way to ensure pedestrians do not feel buildings are overbearing.		Buildings are single storey and have 5.5m setback – not overbearing.	Complies
		Setback provide space for residents to feel an adequate sense of visual and acoustic privacy when using rooms fronting the street.		Only Unit 1 adjoins the public street. It has a 5.5 m setback, with Lounge, Kitchen, Dining and Bedroom 3 all being located on this elevation. The private open space for Unit 1 and the outdoor living area (unroofed concrete deck) adjoining the dining area lie within the front building setback. This is separate from the street by a 1.8 m high fence on the property boundary,	Complies
		P9.1 – Setback are progressively increased to reduce bulk and overshadowing while maintaining adequate daylight and sunlight.	A9.1 – Side or rear boundary setbacks are to be at least 1m, with this setback increased to 1.5m where the wall contains windows to habitable rooms.	All setback comply with the exception of Unit 1, the wall containing Bedroom 2 and Bathroom, which is approximately 1 m from the side boundary. It is considered however that this is a minor variation and that adequate daylight and sunlight should be available to these rooms.	Complies
		P9.2 – Buildings are designed so that there is no significant loss of amenity to surrounding dwellings.	A9.2 – The length of walls that are set back at either of these distances will be limited to 50% of the length of the adjacent side boundary. These side and rear setbacks will be increased to 2 metres and 3 metres respectively for walls which are located outside of the above 50% length.	The length of walls next to the western boundary at 1m or 1.5 m totals 22.9 m which is 57% of the length of the boundary. The remaining length of wall (Unit 3) is approximately 2m but needs to be 3m as it contains a window to a habitable room (Bedroom 2). This lack of compliance triggers the need to consider whether the P9.2 is met. The western boundary adjoins the rear boundary of 78 Shoalhaven St and the side boundary of 23 Junction St. In both cases it is considered that there should be no significant loss of amenity.	Complies
		P10 - With integrated development, buildings may be built to the internal boundaries, to maximise privacy for neighbouring dwellings and their private open space.	A10.1 – In integrated housing developments, walls may be built to internal side and rear boundaries where: · Maximum wall height is 3.5m unless matching an existing or simultaneously constructed wall; · Maximum wall length is 50% of each of the abutting property boundaries.	NA – not integrated development.	NA
5.2.6 Building envelope and siting	Refer to DCP	P11 – Buildings are sited and of such length and height that there is no significant loss of amenity to surrounding dwellings. This can be achieved through: · Building siting and height that are related to land form, with minimal cut and fill; · Building forms that enable a sharing of views with neighbours; · Minimising building bulk to reduce impact on neighbours and on the public street; · Building heights similar to those in the public streetscape, with higher buildings sited behind and out of direct views from the street; · Building walls limited in length and height, to minimise the impact on neighbours; · Adequate separation between facing dwellings for privacy.	Building envelope A11.1 – The maximum height of the building complies with the height controls in Shoalhaven LEP 2014. A11.2 – Buildings are sited within a building envelope set out in Figure 7 on page 15 of the DCP. Allowable encroachments to envelope A11.3 – Provided the distance to the boundary is not less than 1m, fascias, gutters, downpipes, eaves up to 0.6m, masonry chimneys, flues, pipes, domestic fuel tanks, cooling or heating appliances or other services may encroach beyond the building envelope. The following may encroach without restriction: · pergolas, screen or sunblinds, light fittings, electricity or gas meters, aerial; and · unroofed terraces, landings, steps or ramps not more than 1m in height. Buildings near waterways A11.4 – Sites adjoining waterways or waterway reserves should refer to the controls in G6 (areas of Coastal Management) of this DCP. Daylight and sunlight A11.5 – Dwellings should be sited to comply with the Building Code of Australia by locating windows: · to face a court or other outdoor space open to the sky, or an open verandah, open carport or the like; · not less than 1.5m from any facing building.	Building complies with A1.1, A11.2 and A11.3. A11-4 is not relevant. Complies with A11.5.	Complies
5.2.7 Views, visual privacy and acoustic privacy	Refer to DCP	View sharing P12.1 – All property owners should be able to develop their property within the established planning guidelines; however, existing views should not be substantially affected where it is possible to design for the sharing of views. P12.2 – Views, including heritage or familiar dominant landmarks which are recognised and valued by the community, are not obscured by new development.		Development is all single storey and there are no particular views that will be affected. There are substantial trees at the rear of the property that limit views and at the same time will remain as part of the views beyond the property.	Complies
		Visual privacy P12.3 – The privacy of buildings and outdoor spaces is protected taking into account projected community expectations. P12.4 – Direct overlooking of internal living areas and private open spaces of other dwellings is minimised by building layout, location and design of windows and balconies, screening devices and landscape or by remoteness.	A12.1 – A minimum 9m separation should be provided between the windows of habitable rooms of facing dwellings that abut a public or communal street. This should be increased to 12m for windows above first floor level. A12.2 – Direct views between living area windows of adjacent dwellings should be screened or obscured where: · ground and first floor windows are within an area described by taking a 9m radius from any part of the window of the adjacent dwelling. An areas so defined is described as a “privacy sensitive zone’; and · other floor windows are within a privacy sensitive zone described by a 12m radius. A12.3 – Direct views from living areas of dwellings into the principal area of private open space of other dwellings should be screened or obscured within a privacy sensitive zone described by a 12m radius. A12.4 – Direct views described in A12.2 and A12.3 above may be obscured by one of the following measures: · on relatively flat sites by 1.8m high solid fences or walls between ground floor level windows or between a dwelling and open space; · on sloping sites by screening that has a maximum area of 25% openings, is permanently fixed and is made of durable materials, or by landscape screening (either by existing dense vegetation or new planting) to achieve screening effectiveness within three years; offsetting windows by a distance sufficient to limit views between windows; · have sill heights of 1.7m above floor level; or · have fixed translucent glazing in any part of the window within 1.7m of the floor level.	A12.1 does not apply. A12.2 – Lounge room window of Unit 1 is 6.7m from house at No 27 Junction St. Lounge room window of Unit 2 is 6m from wall of house at 27 Junction St. A 1.8 m high boundary fence is the most effective means to provide adequate screening. Existing fence (colorbond metal) is no more than 1.5 m. There is adequate visual privacy provided between the units in the development.	Complies with condition for 1.8m high fence on side boundaries.
5.2.8 Acoustic privacy	Refer to DCP	A13 – Site layout and building design protect internal living and sleeping areas from uncontrollable high levels of external noise and minimise transmission of sound through the building structure.	A13.1 – Site layouts should ensure visitor parking areas and streets have a line of sight separation of at least 3m from bedroom windows. A13.2 – Doors and windows of adjacent dwellings should be separated by a distance of at least 3m. A13.3 – Shared walls and floors between dwellings should be constructed to limit noise transmission and, where possible, bedrooms of one dwelling do not adjoin living area or garages of adjacent dwellings. A13.4 – Dwellings adjacent to high levels of uncontrollable external noise should be designed to minimise the entry of that noise. A13.5 – Site layout should separate active recreational areas, parking areas, vehicle accesses, and service equipment areas from bedroom areas of dwellings, and minimise the entry of high levels of external noise to dwellings. A13.6 – Mechanical plant or equipment should be designed and located to minimise noise nuisance.	A13.1 - Units comply; Side wall of house at 27 is assumed to contain some bedroom windows and is within 2.5 metres of edge of driveway of No. 25. Proposed 1.8 m fence should provide adequate noise minimisation. Metal fence may need to be replaced by masonry to achieve noise reduction. A13.2 – Complies. A13.3 – Garage of Unit 2 adjoins bedroom of Unit 1 via party wall. Not desirable but appropriate noise transmission construction will satisfy. A13.4 – Not relevant. A13.5 – Generally complies. A13.6 – No plant proposed but standard condition about AC and pump noise will be imposed.	Will comply with conditions re upgrading side boundary fence to No 27 and AC noise.
5.2.9 Useable open space	Refer to DCP	P14.1 – Open space is clearly defined to distinguish between communal and private open space.		Complies.	Complies
		P14.2 – Open space areas are of dimensions to suit the projected requirements of the dwelling occupants, and to accommodate some outdoor recreational needs as well as providing space for service functions.	A14.1 – A minimum of 35m² of private open space is to be provided per dwelling with a minimum dimension of 2.5m.	Units 1 and 3 comply. Unit 2 is deficient by 30% (35 sq m required, 25 sq m provided. However clothesline and water tank are located in the narrower parts of the open space that does not count towards the 35 sq m, so the resulting area is functional.	Complies with PC.
		P14.3 – Part of the private open space is capable of serving as an extension of the function of the dwelling for relaxation, dining, entertainment, recreation and children’s play, and is accessible from the main living area of the dwelling.	A14.2 – One part of the minimum private open space area must have a usable minimum area of 25m² and a minimum dimension of 4m. This space must be directly accessible from a living area of the dwelling	Units 1 and 2 comply. Unit 3 provides only 21 sq m that is at least 4 m in width. However it is well-located and has an ideal northerly aspect.	Complies with PC.
		P14.4 – Open space is located to take advantage of outlook and natural features of the site, (and to) take account of the impact on adjoining dwellings on privacy and overshadowing.	A14.3 – Screening is to be provided where necessary to ensure privacy to users of the open space.	Proposed condition re 1.8 m high fence will address A14.3	Complies
		P14.5 – Orientation of the open space helps to achieve comfortable year round use.		Amended plans demonstrate some afternoon sun access to the POS areas for Units 1 and 2.	Acceptable.
		P14.6 – Open space around dwellings is allocated to individual units as far as practicable to facilitate management, and to minimise communal space and associated body corporate maintenance costs.			Complies
		P14.7 – Unpaved or unsealed landscaped areas are maximised and are designed to facilitate on-site infiltration of stormwater run-off subject to soil drainage conditions.		Generally complies.	Complies
		P14.8 – Major existing trees are retained wherever practical through appropriate siting of dwellings and structures.		Only major tree is the Jacarandah on the footpath which is to be retained.	Will comply with condition to protect footpath tree during construction.
5.2.10 Car parking	Refer to DCP	P15.1 – Parking requirements for any development has regard to the number and size of dwellings proposed.		Parking complies with DCP. Applicant has amended proposal to take advantage of CBD parking discount by removing the former proposed visitor space which had an adverse impact on the streetscape.	Complies
		P15.2 – The design of driveways and parking areas has regard to the safety of pedestrian, cyclists and vehicles.		Amended plans have addressed the issue of access to the laundry in the garage of Unit 2.	Complies
		P15.3 – Vehicles are able to enter and exit the site in a forward direction and stack parking arrangements are avoided.		Earlier problems with the turning area for Unit 3 garage have been addressed by widening the garage to improve manoeuvring area.	Complies.
		P15.4 – The visual dominance of driveways and garages/carports is minimised by: · avoiding long straight sections of driveway; · the selection of paving materials eg decorative paving and brick banding; · breaking up the appearance of driveways with landscaping and screen planting; · garage and carport designs that add visual interest to the development.		Amended plans have slightly improved the dominance of the driveway.	Acceptable.
		P15.5 – The area of driveways are designed to minimise the volume of stormwater runoff and increase the area available for landscaping.		Driveway area cannot be minimised any further.	Complies
		P15.6 – All car parking spaces are adequately drained, marked and designated on the site.
			A15.1 - The minimum dimension of an entrance way is to be 3m. The driveway itself is not to be less than 3m wide with adequate turning areas provided.	Minimum width is OK. With the widening of the garage for Unit 3 (amended plans submitted 4 Aug) turning areas are now considered to be adequate.	Complies.
			A15.2 - Where parking is provided in separate garages, the turning area should be increased to 6.5m with a minimum garage entrance width of 2.7m.		Complies
			A15.3 - The grade of driveways should not exceed 20%.		Complies
5.2.11 Fencing and walls	Refer to DCP	P16.1 – The design sets out the role of proposed front fences and walls where they are a component of the streetscape of a public street.
		P16.2 – Front fences and walls:
		· enable some outlook from buildings to the street for safety and surveillance;		Unit 1 retains views from front door, kitchen and lounge to street.	Complies
		· assist (if used) in highlighting entrances and in creating a sense of communal identity within the streetscape;		Neutral
		· are designed and detailed to provide visual interest to the streetscape;		Proposed fence is 1.8 m high with brick columns and vertical timber slats.
		· are constructed of materials compatible with proposed housing, and with attractive visible examples of fences and walls in the streetscape to offer a sense of continuity; and	A16.3 – Front fences and walls should be designed to use similar or compatible materials to that used in attractive buildings in the locality A16.4 – The use of metal fencing materials is not encouraged and if used they should not be visible from public places.	A16.3 – fence is of similar materials to house at 31 Junction St A16.4 – front fence is not metal	Will comply with conditions
		· are compatible with facilities in the street frontage area, such as mailboxes and garbage collection areas.		Complies
		P16.3 – The use and/or design of fences and walls in streetscapes of significance are appropriate to the heritage or environmental context of the site.		The character of this section of Junction St is quite consistent, with low, continuous fences forming the boundary between public and private space. Junction St itself is a heritage item. There is one high fence surrounding a Victorian era property at 22 Junction St, but all other fences are lower. .	The fence is for part of the frontage. With landscaping and the existing substantial street vegetation, this is a reasonable design solution.
		P16.4 – Front fences and walls enable, where necessary and appropriate, the creation of private open space between the building and the street.		This solution has been adopted.	Satisfactory.
			A16.1 – Front fences and walls should not be higher than 1.2m if solid. This height may be increased to 1.8m if the fence has openings that make it at least 50% transparent.	Applicant has aimed at providing transparency by introducing vertical timber slatting between brick piers. While more porous than a solid brick fence it does not achieve 50% transparency and if it did would not provide adequate privacy to the open space area for Unit 1.	See comment at P16.3 above.
			A16.2 – Solid front fences that are 1.8m high will only be supported where: · the main private open space is in front of the dwelling; or · the site is located on a main or arterial road with high traffic volumes; · the site is not located in an area with an established heritage character; · the width is limited to 75% of the frontage where private open space fronts the street and some surveillance of the street is maintained from the dwelling; · fences do not exceed 10m in length without some articulation or detailing to provide visual interest.	· Main private open space is in front of the dwelling · Site is not located on a road with high traffic volumes · Site is in an area with an established heritage character · Width is less than 50% of the frontage and some surveillance is provided from the street. · Fence is less than 10m in length and is detailed by inclusion of timber slatting.	See comment at P16.3 above.
5.3 Residential flat buildings and shop top housing	Refer to DCP	Refer to DCP for detail		NA	NA

Location / Type of Development	Specific Controls
Carparks	· Entrances to below ground carparks are to be no lower than the flood planning level · Above ground carparks are to be designed to take into account vehicle stability up to the PMF event. Vehicle stability can be assessed in accordance with the 2005 NSW Floodplain Development Manual. The Manual suggests three options: o The flood planning level of the car park is sufficient to prevent the instability of vehicles due to flooding; o The car park is flood proofed to prevent the instability of vehicles dues to flooding; and o Bollards are provided to prevent cars being swept away.
Properties with long duration flooding	· Prepare Flood Evacuation Plans
Hazardous and valuable goods, and animal refuges	· Storage is to be provided at the flood planning level
All development	· Any portion of the building below the flood planning level is to be flood proofed

Location / Type of Development	Specific Controls
Carparks	· Entrances to below grand carparks are to be no lower than the flood planning level · Above ground carparks are to be designed to take into account vehicle stability up to the PMF event. Vehicle stability can be assessed in accordance with the 2005 NSW Floodplain Development Manual. The Manual suggests three options: o The flood planning level of the car park is sufficient to prevent the instability of vehicles due to flooding; o The car park is flood proofed to prevent the instability of vehicles dues to flooding; and o Bollards are provided to prevent cars being swept away.
Structural Soundness, control four	· Clarified or removed as goes against first three controls
Properties with long duration flooding	· Prepare Flood Evacuation Plans
Hazardous and valuable goods, and animal refuges	· Storage is to be provided at the flood planning level
All development	· Any portion of the building below the flood planning level is to be flood proofed

Location / Type of Development	Specific Controls
All new development	· Prepare flood evacuation plan
20 River Rd Tabourie Lake	· Applications for new/continuation of current development as a Childcare Centre is to be reconsidered to ensure it is in line with the current requirements of this chapter of the DCP
Hazardous and valuable goods, and animal refuges	· Storage is to be provided at the flood planning level