6 JUNE 2019

The General Manager Orange City Council 135 Byng Street ORANGE NSW 2800

Assessment of Development Conditions - DA 178/2018(2)

The following statements are provided in response to the development conditions for the above application:

Condition Response Action No.

1 The proposed development will be carried out in accordance Noted with the submitted plans and SEE

DURING CONSTRUCTION 1 (A) Any adjustments to the existing utility services that are made Noted

necessary by this development proceeding are to be at the full cost of the developer

2(A) The provisions and requirements of the Orange City Council Noted, as discussed Development and Subdivision Code will be applied to this with OCC 13/5/19 application and all works constructed within the development will be in accordance with that code. The developer will be entirely responsible for the provisions of sewer, water and drainage facilities capable of servicing all the lots from Council's existing infrastructure. The developer will be responsible for gaining access over adjoining land for services where necessary and easements will be created about all water, sewer and drainage mains within and outside the lots they serve

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE 3(A) The payment of contributions as noted in this condition will be Noted, as confirmed

made in accordance with s7.11 of the Act and Orange by OCC being Development Contributions Plan 2017 (development in North payable per number West Urban Release Area) towards the provisions of of lots released infrastructure identified in this condition within each stage.

4(A) Application for a subdivision certificate under s6.3(1 )(d) of the Noted Act will be submitted to Council

5(A) Payment of contributions for water, sewer and drainage works Noted, as confirmed will be made at the contribution rate applicable at the time of by OCC being payment. A Certificate of Compliance will be submitted to payable per number Council prior to the issuing of a subdivision certificate of lots released

within each stage.

6(A) A restriction as to user is to be registered on the Deed of Title Noted. We would on Lot 300 where vehicle access is to be denied to the provide with the Northern Distributor Road and Mitchell Highway release of stage 1

lots ?(A) A restriction as to user is to be created on the title of proposed Noted we would

lots 100, 200 and 300 with the requirements specified in this provide with the condition release of stage 1

lots 8(A) Prior to the issue of SC for Lots 100, 200 and 300 a reciprocal Noted, we would

ROW and easement for utilities will be established over the full provide with the width of the future 20m and 22m public road reserves. The release of stage 1 ROW will provide lots 100, 200 and 300 with access to the lots approved intersection location on the Northern Distributor

9(A) Prior to the issue of a SC a drainage easement will be Noted, we would established for the location of the future stormwater detention provide this but this basin and stormwater treatment system on Lot 100. The may be amended easement will provide access for Lot 200. and later removed

from the linen plan. 10(A) Prior to the issue of a Subdivision Certificate sewer and Noted, yet these will

drainage easements will be established for the location of need to be amended future mains on lots 100 and 200. The easement shall provide as we go along in reciprocal rights of access for Lots 100 and 200. future releases.

11 (A) An easement in favour of Orange City Council over the sewer Noted, can we be pump infrastructure on the land will be known on the plan of provided with a copy subdivision. The terms of the easement will be in accordance of the Deed. with the Deed of Agreement dated 19 March 2015 between the owner and Orange City Council

PRESCRIBED CONDITIONS (2) A sign will be erected in a prominent position on any site on noted

which building work, subdivision work or demolition work is being carried out and will include the detail specified in this condition

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE (3) An amended design will be submitted and approved by Council Noted. We would

that incorporates a constructed wetland or wet detention basin, provide an amended incorporating extensive wetlands reed beds and natural water design after release filtration species. The size and capabilities of the detention 1 cc and SC once all basin will be amended as required to accommodate this servicing across the change from the submitted design site has been

confirmed. (4) A comprehensive landscape plan will be submitted and be We would provide a

approved by Council's Manager Development Assessments comprehensive that incorporates the elements specified in this condition landscape plan after

stage 1 release that incorporates all riparian lands, detention basin and other street trees.

A street tree layout plan would be provided with stage 1 release cc.

(5) A landscape recovery plan for the riparian corridors affecting As above the site will be submitted to and be approved by Councils Manager City Presentations. The landscape recovery plan will provide for landscaping within the riparian corridor and incorporate concrete pathways (which will be completed by Council). Species selection will be appropriate native species and at a density that is to the satisfaction of the Manager City Presentation

(6) A plan of management for the riparian corridors adjacent to We intend to Ploughmans Creek will be prepared, establishing this area an dedicate the land to area of open space and providing details on flood mitigation council therefore no and ongoing management of this land. POM would be OR submitted. Land will be dedicated to Council at no charge to enable Earthworks which Council management for public purposes. impact upon flood Earthworks which impact on behaviour of flood flows may behaviour would be require a Flood-works Approval as determined by Water NSW. confirmed post

stage 1 release relevant approval would be sought once works confirmed.

(7) The street lighting system will comprise LED lighting and be Noted. designed having regard to the lighting controls contained within Consultant plans the Shiralee DCP (used as a guide). Details of the street being prepared for lighting system will be submitted for approval prior to the issue release 1 of CC

(8) An Archaeological report will be lodged for approval prior to the Noted, consultant removal of any trees from the site to determine if any trees engaged and being contain evidence of Aboriginal heritage. In the event that prepared. Aboriginal heritage is found on site, necessary permits to destroy or relocate the artefact will be sought, or an amended plan submitted that avoids the removal of the artefact.

(9) Engineering plans, showing details of all proposed works and Noted consultant adhering to any engineering conditions of development engaged and being consent, will be submitted for approved by Council prior to the prepared for stage 1 issue of CC release

(10) A water and soil erosion control plan in accordance to the Noted. requirements specified in this condition will be submitted to Council for approval prior to the issue of a CC.

( 11) The developments stormwater design will include stormwater Noted, consultant detention within the development, designed to limit peak engaged yet cannot outflows from the land to the pre-existing natural outflows up to be provided in full as the 100 year ARI frequency without damage to downstream needs further time to

developments. The design of the detention storage is to be consider post stage undertaken with the requirements specified in this condition 1 release to ensure and data files for the model and engineering design plans of basin is the required drainage system will be submitted to Council upon appropriately lodgement of CC. The detention basin will be constructed to designed for OCC the volume required to serve all future residential lots on Lots flood flows, capacity 100 and 200 & treatment.

(12) Proposed lots will be provided with I nterallotment stormwater Noted, to be shown drainage, including those lots abutting public land. A graded for stage 1 release. concrete stormwater pit will be constructed within each lot provided with lnterallotment stormwater drainage. Engineering plans for the drainage system will be submitted to Council for approval prior to issuing of CC

(13) Stormwater from the site will be piped into the adjacent Noted, to be watercourse where it is to be discharged through a standard provided post stage headwall with appropriate scour protection and energy 1 release. dissipater. Engineering plans of this required drainage system CAA to be applied will be lodged for approval to Orange City Council. Evidence of for once ultimate a controlled Activity Approval from NRAR for works within 40m strategy is confirmed of the watercourse will be provided prior to the issuing of CC. with OCC

(14) A 150mm-diametre sewer main will be constructed from noted Councils existing sewer mains to serve the proposed lots and the existing sewer main will be relocated. Prior to CC engineering plans will be submitted for Approval to Council

(15) A water reticulation analysis will be carried out by Council on noted any proposed water reticulation system for the development. Engineering plans will be lodged for approval prior to the issue of CC. The reticulation system will be designed to supply a peak instantaneous demand by gravity of 0.15 Lis/tenement at a minimum residual head of 200kPa

(16) All stormwater from the site will be collected and piped to a Noted, to be stormwater treatment system located within the site. The provided post stage stormwater treatment system will consist of a wet detention 1 release. basin with a gross pollutant trap. The design and construction Anticipated this is of the stormwater treatment system will ensure the stormwater likely to be provided quality targets specified in this condition., and the design within the submitted to council for approval basin/riparian areas

(17) Engineering plans providing complete details of the proposed Noted. In achieving new access road connects with the existing Norther Distributor this resultant Road will be submitted to Council for approval upon lodgement changes to the lot of CC layout have

occurred (18) Tree protection zones will be established for the existing over Noted. We have

mature trees located on Lots 141 and 164 complying with AS. confirmed with No approval is granted for the removal of trees under this council that lot 164 consent. should read lot 154

(typo/misdescription)

(19) A temporary onsite toilet will be provided and will remain Noted. throughout the project or until an alternative facility meeting Council's requirements is available onsite.

(20) Soil erosion control measures will be implemented on site Noted. (21) A minimum of three trees will be retained and conserved on Noted.

the open space Lot 141 and open space Lot 165, which will be modified in size and shape where necessary to ensure lot boundaries are not closer than 2m from the trees to be protected. Box Gum Grassy Woodland trees not otherwise specified in this consent for retention can be removed under this approval. The remnants of those trees will be placed within the open space/riparian lots in a location that is to the satisfaction of Council. Replacements (for tree removal) will be at a rate 5: 1 (with a minimum of 45 required) within the open space lot (or alternatively, native ground and midstorey covers at a rate of 35m2 of dense plantings per tree to be removed). Replacement tree planting will be at a density not exceeding 1 tree per 35m2 of available space.

(22) All construction/demolition work on the site will be carried out Noted between the hours specified in this condition

(23) All materials onsite or being delivered to the site will be Noted contained within the site. The requirements of the PEO Act will be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses

(24) Any adjustments to existing utility services that are made Noted. Utility necessary by this development proceeding will be at full cost to searches have been the developer completed in

conjunction with latest site survey.

(25) The provisions and requirements of Councils Development and Noted. Subdivision code will be applied to this application and all work constructed within the development is to be in accordance with that code. The developer will be entirely responsible for the provisions of water sewerage and drainage facilities capable of servicing all the lots from Councils existing infrastructure. The developer will be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

(26) Concrete footpaths, a minimum of 1.2m wide will be Noted. Would be constructed on one side of all through streets and in cul-de- shown upon CC sacs where a pathway or public reserve is located at the cul- plans de-sac bowl. Construction work will be to the requirements and standards of the Council Development and Subdivision Code.

(27) All proposed residential lots adjacent to Somerset Creek, Noted. We are Ploughman's Creek and any drainage control lot will have a happy to identify this

minimum freeboard above the 1: 100 flood level in accordance as a restriction upon with the Council Development and Subdivision Code and the use to ensure Flood Risk Management Plan freeboard is obeyed

(28) Dual water and sewerage reticulation will be provided to every Noted. lot is the proposed residential subdivision in accordance with Councils Development and Subdivision code

(29) Water and sewer services, including mains construction, sewer Noted, would be pumping station noise and odour abatement works, easements confirmed and and all associated materials and works, are to be provided for provided post stage the development at the cost of the developer 1 release.

(30) Council requires elastic rebound deflection testing carried out Noted. on road base material prior to the placement of any asphalt to determine maximum deflection in accordance with RMS Test Method T160 utilising the Benkelman Beam or equivalent

(31) A temporary turning circle will be provided at the termination of Noted. the 20m wide road providing access to Lot 300

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE (32) New rural fencing consistent with the standards contained in Noted.

the DCP will be installed along the northern and eastern boundaries of the site. A restriction as to user will be placed on the titles of each of the affected lots indicating that the rural fencing along the dividing boundary can only be replaced with same until such time that the adjoining land to the east and North of the development site is under development and general residential development

(33) A restriction as to user will be placed on titles of proposed lots Noted. We request with a shared common boundary to Somerset Creek or this condition be Ploughmans Creek requiring all fencing along the shared amended to be 1.8m boundary between residential land where those allotments high woodland grey adjoin the riparian corridor to be lapped and capped timber colourbond fencing fencing a minimum 1.8m high along side

boundaries adjoining Somerset and Ploughmans Creek with 1.5m high open palisade fencing dark in colour along rear boundaries adjoining Somerset and Ploughmand creek. Intent is to ensure passive surveillance of corridor

(34) Prior to the issue of a SC for the individual residential lots the Noted. We propose developer is to construct fencing along all shared boundaries woodland grey between proposed residential lots and the Norther Distributor colourbond fencing

reserve of minimum 1.8m in height and solid construction materials with colour to be agreed with Council

(35) Building envelopes applied as Restrictions as to user, written Noted. with Council as having the power to alter or remove the restriction, will be applied to all residential lots with a common boundary to the NOR or the NOR open space as shown on the approved subdivision plan, prior to the issue of a SC. The building envelopes will be located to the required minimums as specified in this condition

(36) The lots specified in this condition, and as depicted on the Noted. Drawing Number 07066-DA02 will not be released until and unless all mitigation recommendations as set out in the previously submitted Appendix B Odour Assessment report have been fully implemented to the satisfaction of Council

(37) A noise goal of 37dB(A) applies to lots affected by noise from Noted. the pump station to release the subdivision certificate for those allotments and a further noise report has been provided corroborating the target noise level will be achieved.

(38) The payment of contributions as specified in this condition will Noted. Relevant be made to Council in accordance with s7.11 of the Act and payment made per Orange Development Contribution Plan 2017 (development in stage 1 release of North West Urban Release Area) towards the provision of the lots public facilities specified in this condition

(39) Soil sampling for analysing chemical residue will be carried out Consultant engaged, within the proposed Lots in a manner and frequency as works to be determined by an appropriately qualified and experienced undertaken over consultant giving consideration to previous specific uses and next fortnight. on site characteristics of the site. A NAT A registered laboratory will carry out such testing. Reference will be made to the contaminated Land Act and SEPP No.55. Results of the testing will be provided to Council to demonstrate land is suitable for residential prior to SC release

(40) Application will be made for SC Noted (41) Payment of contributions for water, sewer and drainage works Noted. Relevant

will be made at the contribution rate applicable at the time that payment made per the payment is to made. A certificate of Compliance from stage 1 release of Council, in accordance with the Water Management Act, will lots be issued upon payment of contributions

(42) Evidence from a registered NAT A laboratory is to be submitted Noted, consultant prior to the issuing of a SC, stating that the filling of all dams engaged Geotech to and low-lying areas have been carried out in accordance with be undertaken over AS. coming weeks

(43) Application will be made for NBN infrastructure to be made Noted, application available to each individual lot within the development. A made for stage 1 Certificate of Practical Completion will be submitted confirming release. that the specific lots have been declared ready for service prior to the issue of a SC

(44) A Notice of Arrangement from EE stating arrangements have Noted application been made for the provision of electricity supply to the made fore stage 1 development will be submitted to Council prior to the issue of release the SC

(45) A restriction as to user will be registered on the Deed of Title Noted. on the lots specified in this condition, where vehicle access is to denied to the Northern Distributor Road, and Mitchell Highway

(46) An easement to drain sewer and to provide Council access for Noted. maintenance of sewer works a minimum 2m wide easement will be created over the proposed sewer works and Council is to certify that the easement is in accordance with the Development and Subdivision Code prior to issuing a SC

(47) All services are to be contained within the allotment that they Noted, we would will serve. A Statement of Compliance from a registered provide WAE's with surveyor will be submitted to Council prior to the issue of a SC the submission stag

1 release SC application

(48) A Certificate of Compliance from a qualified engineer stating Noted, to be that the SW detention basin complies with the approved provided for stage 1 engineering plans will be submitted prior to the issue of SC release.

(49) A maintenance security deposit, in accordance with the Noted. provisions and requirements of the Development and Subdivision Code, is to be provided prior to the issue of SC. A certificate of compliance from Council certifying that the maintenance security deposit has been paid will be submitted to Council prior to the issuing of the SC

(50) Where stormwater crosses land outside the lot it favours, an Noted. easement to drain water will be created over the works. A restriction as to user will be created on the title of the proposed lots requiring that no such structures are to be placed on the site, or landscaping, or site works carried out on the site, in a manner that affects the continued operation of the drainage system. The minimum width of the easement will be as required in Councils development and subdivision code

(51) Prior to the issuing of a SC, a road naming application form is Noted. We would to be completed and submitted with a plan of the whole like to initiate this development defining the stage being released including future now if possible so road extensions we can identify

names upon our draft plans.

(52) Certification from Council is required to be submitted prior to Noted. the issue of a SC stating that all works relating to connection of the development to Councils assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with Councils development and subdivision code

and the foregoing conditions and that council will take ownership of the infrastructure assets

(53) A subdivision certificate with respect to proposed lot 234 will Noted, to be not be released unless a requirement specified in this condition provided with has been met development of lot

234. (54) (replaced) A restriction as to user will be imposed on all Noted.

residential lots, and written to favour Council, and will be included with the documents for the SC. The restriction as to user will impose a requirement for any future dwelling house application on those lots to demonstrate compliance with the acoustic recommendations of the Blackett Acoustics Assessment 2013.

(55) All landscaping requirements specified in the stamped Noted, yet provided approved plans will be fully implemented to the satisfaction of as above with Council prior to the release of the SC exception to street

trees for stage 1 release.

(56) All of the forgoing conditions will be at full cost to the developer Noted. and to the requirements and standards of Councils development and subdivision code, unless specifically stated otherwise. All work required by the forgoing conditions will be completed prior to the issuing of a SC, unless otherwise stated.

MATTERS FOR ONGOING PERFORMACE AND OPERATION OF THE DEVELOPMENT (57) Landscaping required under this consent will be fully Noted.

maintained by the developer for a minimum period of two years after the issue of the SC (if the land is transferred to Councils control) or permanently if the land on which the landscaping is to be installed is retained in private ownership. The plan of management required under condition (5) of this consent will provide details of watering, weeding and replacement regimes to be carried out during the maintenance period

(58) If Aboriginal objects, relics of other historical items or the likes Noted. are located during development works, all works in the area of the identified object, relic or item will cease and the NSW OEH and representatives from Orange LALC will be notified. Development works may recommence if and when outlined by the management strategy, development in consultation with and approved by the OEH

(59) An easement in favour of Council over the sewer pump station Noted. infrastructure on the land will be shown on the plan of subdivision. The terms of the easement will be in accordance with Deed of Agreement between the owner of the land and Council

GENERAL TERMS OF APPROVAL FROM THE DEPARTMENT OF PRIMARY INDUSTRIES - FISHERIES

• A permit from dredging and reclamation works associated with Noted, to be construction of proposed stormwater outlet structure in obtained post stage Plough mans Creek will be obtained prior to the 1 release. commencement of work at the site, unless the work has been authorised

• Any construction works will be carried out in accordance with Noted . the applicable requirements of the Blue Book: Managing Urban Stormwater- Soil and Constructions 2004

GENERAL TERMS OF APPROVAL FROM THE DEPARTMENT OF INDUSTRY - NATURAL RESOURCES ACCESS REGULATOR GT0009-00010 Before commencing any proposed controlled activity on Noted.

waterfront land, an application will be submitted to Natural Resources Access Regulator and obtained for a controlled activity approval under the Water Management Act2000

GTOO 19-00003 Any proposed excavation on water front land will be Noted. undertaken in accordance with a plan submitted as part of a controlled activity approval, to be approved by the Natural Recourses Access Regulator

GTOO 14-00007 A. Any proposed materials or cleared vegetation will Noted. not stored on waterfront land, unless in accordance with a plan held by NRAR as part of a controlled activity approval

B. When the carrying out of the controlled activity is complete, surplus materials will be removed

GT0002-00460 A. The General Terms of Approval (GTA) only Noted. applies to the proposed controlled activity described in the plans and associated documents found in Schedule 1, relating to DA 1782018

B. Any amendments or modifications to the proposed controlled activity may render the GT A invalid. If the proposed controlled activity is amended or modified, NRAR must be notified in writing to determine if any variations to the GTA will be required

GT0005-00205 A. The application for a controlled activity approval Noted. will include the maps specified in this condition

B. Plans will be prepared in accordance with NRAR guidelines

GTOO 10-00006 All documents submitted to NRAR as part of an Noted. application for a controlled activity approval will be prepared by a suitably qualified person

GTOO 16-00003 The consent holder must inform NRAR in writing when Noted. any proposed controlled activity carried out under a controlled activity approval has been completed

Right of Review - Noted & Right of Appeal Noted

4.55 (1A) Statement of Support DA 178/2018 (2)

386 Molong Road & Northern Distributor Road, Orange Lot 81 in DP 120284 and Lot 6 in DP 1065578

13 June 2019

Prepared by Maas Group Family Properties

TABLE OF CONTENTS Executive Summary 3

1.0 The Proposed Modification 4

1.1 The Proposal. 5

2.0 Section 4.55(1A) Assessment. 5

2.1 Section 4.55(1A) - Modification involving minimal environmental impact.. 5 2.2 Section 4.55(3) 6

3.0 Matters for Consideration 7

3.1 Orange Local Environmental Plan 2011 (OLEP) 7

3.2 Orange Development Control Plan (ODCP) 2004 7

3.3 Provisions of Exhibited Draft Environmental Planning Instruments 7 3.4 Policies of Council , , 7

3.5 Planning Agreements under the EP&A Act... 7

3.6 Any matters prescribed by the Regulations 8 3.7 The likely impacts of the development.. 8

3.8 Social and economic impacts 8

3.9 The suitability of the site for development.. 8

3.1 O The Public Interest.. 8

4.0 Conclusion , , , 9

Appendix A- Westwinds Proposed Staging and Lot Layout.. 10

EXECUTIVE SUMMARY This Statement of Environmental Effects has been prepared in support of a Section 4.55(1A) Modification Application under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979) to modify Development Consent DA 178/2018(2) which relates to a 103 lot subdivision comprising ninety-six (96) residential allotments, six (6) open space allotments and one (1) residue lot at Molong Road & Northern Distributor Road Orange, described as Lot 81 in DP 1202584 and Lot 6 in DP 1065578.

Development Consent DA 178/2018 was determined by Orange City Council (OCC) on the 04th March 2018 and gave approval to undertake the above described development. The development application was then modified by the previous Developer and subsequently approved by OCC on the 041h September 2018 which dealt with matters broadly summarised below:

a) Clean up incorrect lot references in consent by stamping Amended Plans (Revision C);

b) Modify lot arrangements near the 'Knoll' as part of amended plans;

c) Three (3) lot super-lot subdivision (prior to approved subdivision release);

d) Stormwater system modified from wet basin to dry basin with treatment filter system;

e) Clarification regarding some conditions and Council intent.

This application seeks to modify condition 1 of the development consent stamped approved plans detailed as follows:

Drawing Number 19019-S1-MOD Westwinds Stage 1 Proposed Layout, Sheet 1 of 3; - Drawing Number 19019-S 1-MOD Westwinds Overall Staging Proposed Layout, Sheet 2 of 3; - Drawing Number 19019-S1-MOD Westwinds Overall Staging Proposed Layout (Englobo Stage 1), Sheet 3

of 3.

The modification, as shown at Appendix A involves:

A thirty (30) lot release subdivision comprising twenty-five (25) lots for future residential development and

five (5) residue lots for future residential development.

A revision of existing lot numbering (to be consistent with future land releases), noted as follows:

DA178/2018(2) Conditions of

Consent Number

DA 178/2018(2) Conditions of Consent referenced lot

number

DA178/2018(3) Revision C Submitted

Approved Plans

Proposed Lot numbering

6(A), 18, 31, 54 164

7(A), 8(A), 9(A),10(A), 100,200,300

11, 16

21 165, 141

31 300

300 Part Lot 400

No Change 200,300,400,500 and

501

No Change 115,126

No Change 400

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36 204,205,214,215,216,217, 204,205,214,215, Not part of S1

218,219,224,225,226,227, 216,217,218,219, application. Shown as

228,229,231,232,233,234, 224,225,226,227, proposed Lot 300

235,236,237,238,239 228,229,231,232,

233,234

Not shown on Plan

235,236,237,238,

239

45 101-107, 139, 140, 142 and No Change 119-124, 17, 116, 114,

143 and Lot 300 Pt Lot 600(Pt Lot 200)

and Lot400

53 234 No Change Lot400

A boundary adjustment of proposed lots 100-105, being an extension of lot width, and;

Amending the alignment of the four-way intersection and proposed entrance of the Estate from the Northern

Distributor, to be consistent with survey analysis.

The proposed modifications are considered minor amendments to the approved development. It should be noted the proposal maintains previously approved overall lot yield, being ninety-six (96) residential allotments six (6) open space allotments and one (1) residue lot. No significant impacts are likely to result in the revised subdivision plan as the proposed modification is merely a paper amendment of plans to be consistent with proposed development release and critical survey analysis.

The proposal is in accordance with the relevant zone objectives in the Orange Local Environmental Plan (LEP) 2011. Importantly, the revised subdivision plan maintains the use and intent of the site for the purposes of residential development and is consistent with the existing conditions of consent.

This statement provides background to the development application process to date, describes the extent of the proposed changes to the Development Consent in detail and assesses the proposed changes against the statutory and policy controls applying to the site in accordance with the relevant matters under s4.15 of the EP&A Act 1979.

The modification results in substantially the same development for which consent was granted and is considered minor in extent with no significant adverse impacts upon the surrounding locality compared to that consented to. Accordingly, based on the assessment undertaken, Council's approval of the Section 4.55(1 A) Application is sought.

1.0 THE PROPOSED MODIFICATION Pursuant to Clause 115 of Division 12 of the Environmental Planning and Assessment Regulation 2000 (EP&A Reg 2000) the following description of the proposed modification is provided.

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1.1 The Proposal

The modified development application comprises the first release, being twenty-five (25) residential allotments, of the overall approved development application. The allotments range in size from 453.3m2 to 1516.8m2.

The proposed lots are accessible via the existing approved vehicle access from the Northern Distributor Road. Modifications to the intersection are required following survey accurate data, which forms part of this modification. No other access point to the development site is proposed.

The entrance to the proposed Estate has been realigned from the previously approved stamped plans following consultation with OCC and MPF Surveying Pty Ltd. The intersection from the Northern Distributor Road to the Estate entrance is repositioned slightly to the west, to better align with the existing intersection infrastructure. Proposed Lots 118 and 119 (previously lots 101 and 102) boundaries have been adjusted to facilitate the modified entrance. Consequently, the proposed lot areas have been modified as follows:

Lot Area Approved Lot 101 934m2

Approved Lot 102 1003m2

Proposed Lot 118 1183.3m2

Proposed Change Increase in lot area

Lot Area Proposed Lot 119 794.4m2

Change Decrease in lot area

In addition to the above boundary adjustments, proposed lots 100-105 have been widened by approximately 10.3m to provide a larger allotment size for residential development. The lot widening continues to enable a variety of allotment sizes within the subdivision and provide to the greater community. The lots rear boundary is adjacent to the proposed residue lot 200 (previously approved as Lot 114), zoned General residential, minimum 200m2. Lot 200 does not form part of this application however the boundary adjustment is not considered to have any significant impact.

As described above, the modification results in a twenty-five (25) lot subdivision that maintains the use and intent of the site for the purposes of residential development. In this regard, it is considered the proposal is substantially the same for which consent was granted and is consistent with the existing conditions of consent. It is unlikely any adverse impacts will occur as a result of the modification.

The following sections provide a detailed assessment of the proposed modification in accordance with Section 4.55(1 A) of the Environmental Planning and Assessment (EP& A) Act 1979.

2.0 SECTION 4.55(1A) ASSESSMENT 2.1 Section 4.55(1A)- Modification involving minimal environmental impact

As required by section 4.55(1A) of the EP & A Act 1979 the consent may be modified subject to and in accordance with the regulations if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with: i. the regulations, if the regulations so require, or

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ii. a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

The application is considered to satisfy the requirements of section 4.55 (1A) for the following reasons: • The modification is considered a minor amendment, with no significant adverse impacts upon the

surrounding environment compared to that consented to. • The modification will not detrimentally impact upon the approved development or significantly alter or

complicate future essential service infrastructure, road network and landscaping design approved for the site;

• The modification does not alter the categorisation of the development or its description; • The modified development will remain substantially the same development as approved, and; • In regards to subclauses (c) and (d), notification and consideration of submissions will be undertaken by

Council if deemed necessary.

The above analysis indicates Council can be satisfied that the subdivision modification will result in minimal environmental impact and is a development that is substantially the same as the approved development and can be considered under section 4.55 (1A).

2.2 Section 4.55(3)

In accordance with Section 4.55(3) of the EP&A Act 1979, when determining an application to modify a consent, Council "must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development and the subject of the application".

Assessment of the proposed modifications with regard to relevant matters referred to in Section 4.15(1) is outlined within Section 3.

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S4.55 Statement of Support for DA 178/2018

WESTWINDS STAGE 1

3.0 MATTERS FOR CONSIDERATION The assessment of the proposal is outlined below and addresses matters listed under section 4.15 of the Environmental Planning and Assessment Act 1979. The assessment set out in this section is provided to assist Council in its consideration of the matter particularly in terms of determining the suitability of the proposed amendments within the locality.

3.1 Orange Local Environmental Plan 2011 (OLEP)

The original development consent was determined to be consistent and compliant with the relevant OLEP land use zoning and minimum lot size controls. The proposed modification is compliant with relevant OLEP controls.

The site is zoned R1 General residential and the proposed subdivision for residential development is permissible with consent.

There is no minimum lot size for subdivision requirement in accordance with clause 4.1 (A) of DLEP.

The proposed modification is considered minor and will not alter environmental management of the site in a manner that would necessitate additional environmental management measures being imposed.

3.2 Orange Development Control Plan (ODCP) 2004

The original development consent was determined to be consistent and compliant with the relevant ODCP subdivision controls. The proposed modification continues to be consistent and compliant with the relevant controls in Chapters 0- 13.

In our opinion, the proposed development is consistent with the design principles for residential development and subdivision as the proposal maintains the use and intent of the site for the purposes of residential development and is consistent with the existing conditions of consent. The modification is merely a paper amendment to release the first stage of development, being twenty-five (25) allotments for residential development, and to be consistent with critical survey analysis.

The proposed modification provides for twenty-five (25) generally larger allotments for the purposes of future residential development, with the potential to further subdivide. This proposal will facilitate housing needs with a mix of allotment sizes suitable for future single and dual occupancy dwellings.

3.3 Provisions of Exhibited Draft Environmental Planning Instruments

Not applicable.

3.4 Policies of Council

Not applicable.

3.5 Planning Agreements under the EP&A Act

The site is not subject to any existing planning agreements

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S4.55 Statement of Support for DA 178/2018

WESTWINDS STAGE 1

3.6 Any matters prescribed by the Regulations

There are no matters applicable to the proposed subdivision

3.7 The likely impacts of the development

The preceding analysis demonstrates the proposed modification is consistent with the relevant environmental planning instruments and would not result in any adverse impacts upon the locality or the built and natural environment.

3.8 Social and economic impacts

The proposed subdivision modification is not considered to contribute to any adverse social or economic impacts upon the locality.

3.9 The suitability of the site for development

Orange City Council determined as part of the original development consent DA 178/2018 that the site is suitable for residential development The preceding sections of this report demonstrate that the proposed modification is minor and will not result in any adverse environmental impacts, subsequently the site remains suitable for the development as modified.

3.10 The Public Interest

The modification would continue to provide for the development of land in an orderly and economic manner and is considered to be in the public interest The proposed amendments to the plan are considered a positive development outcome for the greater public interest.

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S4.55 Statement of Support for DA 178/2018

WESTWINDS STAGE 1

4.0 CONCLUSION This application seeks to modify condition 1 of the development consent DA 178/2018 stamped approved plans with modified plans shown at Appendix A.

This statement describes the extent of the proposed changes to the development consent in detail and assesses the proposed changes against the statutory and policy controls applying to the site in accordance with the relevant matters under s4.15 of the EP&A Act 1979.

There are no significant constraints that would hinder the proposed development, and accordingly the site is considered suitable for the modified development

The amended proposal would continue to provide a positive impact for the area, and as demonstrated within this report, the proposal would not result in any significant adverse impacts upon adjoining properties in terms of traffic, the natural environment and surrounding amenity.

The modification sought to the development results in substantially the same development for which consent was granted, and is considered minor in extent with no significant environmental impact upon the locality.

The modifications would not result in any significant adverse amenity impacts upon the surrounding locality and their dwellings compared to that consented to and based on the assessment under taken, Council's approval of the Section 4.55(1A) Application is sought.

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S4.55 Statement of Support for DA 178/2018

WESTWINDS STAGE 1