adw johnson pty limited planning

Hunter Region

7/335 Hillsborough Road Warners Bay NSW 2282

02 4978 5100

[email protected]

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Project Management • Town Planning • Engineering • Surveying

Visualisation • Economic Analysis • Social Impact • Urban Planning

www.adwjohnson.com.au

Statement of Environmental Effects

43 lot Subdivision (Staged) (Waterford Stage 53 & 55)

Property: Lot 4 DP 1220220 & 2831 DP 1238911

2 Settlers Boulevard & 118 Dragonfly Drive, Chisholm

Applicant:

Date: December 2018

Central Coast 5 Pioneer Avenue

Tuggerah NSW 2259 2 4305 4300

[email protected]

ADW JOHNSON PTY LIMITED ABN 62 129 445 398

Sydney Level 35 One International Towers 100 Barangaroo Avenue Sydney NSW 2000 02 8046 7411 [email protected]

Statement of Environmental Effects – 43 Lot Subdivision (Waterford Stage 53 & 55) 2 Settlers Boulevard, Chisholm (Ref: 190433 H-L) i

Document Control Sheet

Issue No. Amendment Date Prepared By Checked By A Final to Council 1st June 2018 SVD SVD

B Amended Final to Council 6th December 2018 SVD SVD

Limitations Statement This report has been prepared in accordance with and for the purposes outlined in the scope of services agreed between ADW Johnson Pty Ltd and the Client. It has been prepared based on the information supplied by the Client, as well as investigation undertaken by ADW Johnson and the sub-consultants engaged by the Client for the project. Unless otherwise specified in this report, information and advice received from external parties during the course of this project was not independently verified. However, any such information was, in our opinion, deemed to be current and relevant prior to its use. Whilst all reasonable skill, diligence and care have been taken to provide accurate information and appropriate recommendations, it is not warranted or guaranteed and no responsibility or liability for any information, opinion or commentary contained herein or for any consequences of its use will be accepted by ADW Johnson or by any person involved in the preparation of this assessment and report. This document is solely for the use of the authorised recipient. It is not to be used or copied (either in whole or in part) for any other purpose other than that for which it has been prepared. ADW Johnson accepts no responsibility to any third party who may use or rely on this document or the information contained herein. The Client should be aware that this report does not guarantee the approval of any application by any Council, Government agency or any other regulatory authority.

Statement of Environmental Effects – 43 Lot Subdivision (Waterford Stage 53 & 55) 2 Settlers Boulevard, Chisholm (Ref: 190433 H-L) ii

Executive Summary This Statement of Environmental Effects (SEE) has been prepared by ADW Johnson to accompany a development application (DA) with Maitland City Council for a 43 Lot Torrens Title Subdivision which will represent Stages 53 and 55 of the Waterford development in Chisholm. Application Details Applicant: Avid Property Group Pty Ltd Development: 43 Lot Torrens Title Subdivision (Staged) Site Description: Lot 4 DP1220220 & Lot 2831 DP1238911, 2 Settlers Boulevard &

118 Dragonfly Drive, Chisholm Owner: Avid Residential Estates Pty Ltd Development Cost: $2.5 million Development Standards/Controls Zone: R1 General Residential Zone Definition: Subdivision Permissibility: Permissible with Consent (Maitland Local Environmental Plan

2011) Minimum Lot Size: 450m2 (LEP – Clause 4.1) Urban Release Area: Thornton North Stage 1 External Referrals Bushfire: Yes – Special Fire Protection Purpose (Rural Fire Service –

Integrated) Watercourse: Yes – Waterfront Land (Department of Industries – Water “DOI-

Water”) Summary The proposed residential subdivision achieves all key development standards.

Statement of Environmental Effects – 43 Lot Subdivision (Waterford Stage 53 & 55) 2 Settlers Boulevard, Chisholm (Ref: 190433 H-L) iii

Table of Contents

EXECUTIVE SUMMARY ..................................................................................................................... II Application Details ................................................................................................................... ii Development Standards/Controls ......................................................................................... ii External Referrals ...................................................................................................................... ii Summary .................................................................................................................................... ii

1.0 INTRODUCTION ..................................................................................................................... 1 1.1 SUMMARY ............................................................................................................................... 1 1.2 CONSULTANT DETAILS ........................................................................................................... 2

2.0 THE SITE .................................................................................................................................. 3 2.1 LOCATION .............................................................................................................................. 3 2.2 LAND TITLE .............................................................................................................................. 3 2.3 OWNERSHIP ............................................................................................................................ 3 2.4 PHYSICAL DESCRIPTION........................................................................................................ 4

4.0 PLANNING CONTROLS ......................................................................................................... 9 4.1 ENVIRONMENTAL PLANNING INSTRUMENT (S4.15(1)(A)(I)) ............................................. 9

4.1.1 Maitland Local Environmental Plan 2011 ............................................................... 9 4.1.2 SEPP Infrastructure 2007 (“ISEPP”) .......................................................................... 14 4.1.3 SEPP (State and Regional Development) 2011 ................................................... 14 4.1.4 SEPP 14 Wetlands .................................................................................................... 14 4.1.5 SEPP 44 Koala Habitat Protection ......................................................................... 15 4.1.6 SEPP 55 Remediation of Land ................................................................................ 15 4.1.7 Coastal Management SEPP ................................................................................... 15

4.2 DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS (S4.15(1)(A)(II)) ............................ 15 4.3 MAITLAND DEVELOPMENT CONTROL PLAN 2011 (S4.15(1)(A)(III)) .............................. 15

4.3.1 Maitland Development Control Plan 2011 ........................................................... 15 4.4 PLANNING AGREEMENTS (S4.15(1)(A)(IIIA)) .................................................................... 17 4.5 THE HUNTER REGIONAL PLAN ............................................................................................ 18 4.6 ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT (EPBC ACT) 19 4.7 BIODIVERSITY CONSERVATION ACT 2016 (BC ACT) ....................................................... 20 4.8 INTEGRATED DEVELOPMENT (S4.8) ................................................................................... 20

5.0 ENVIRONMENTAL ASSESSMENT .......................................................................................... 21 5.1 THE LIKELY IMPACTS OF DEVELOPMENT (S4.15(1)(B)) .................................................... 21

5.1.1 Context and Setting ............................................................................................... 21 5.1.2 Access, Transport and Traffic ................................................................................. 23 5.1.3 Public Domain ......................................................................................................... 24 5.1.4 Utilities ....................................................................................................................... 25 5.1.5 Watercourses ........................................................................................................... 25 5.1.6 Stormwater & Water Quality .................................................................................. 30 5.1.7 Flora and Fauna ...................................................................................................... 31 5.1.8 Heritage ................................................................................................................... 31 5.1.9 Natural Hazards ....................................................................................................... 31 5.1.10 Noise and Vibration ................................................................................................ 33 5.1.11 Social and Economic Impact ................................................................................ 34 5.1.12 Geotechnical Considerations ............................................................................... 34 5.1.13 Landscaping and Visual Amenity ......................................................................... 35 5.1.14 Site Design and Internal Design ............................................................................. 35

Statement of Environmental Effects – 43 Lot Subdivision (Waterford Stage 53 & 55) 2 Settlers Boulevard, Chisholm (Ref: 190433 H-L) iv

5.1.15 Waste ........................................................................................................................ 36 5.1.16 Safety, Security and Crime Prevention ................................................................. 36

5.2 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT (S4.15(1)(C)) .............................. 36 5.3 ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT (S4.15(1)(D)) ................. 36 5.4 THE PUBLIC INTEREST (S4.15(1)(E)) ..................................................................................... 36

6.0 CONCLUSION ..................................................................................................................... 37 APPENDICES Appendix 1 Plans of the Proposed Subdivision Appendix 2 Deposited Plan Appendix 3 Certificate of Title Appendix 4 Stormwater Management Plan Appendix 5 Landscape Plans Appendix 6 Aboriginal Heritage Impact Permit Appendix 7 DPE Correspondence Appendix 8 Water & Sewer Strategy and Hunter Water Stamped Plan Appendix 9 Preliminary Site Investigation Appendix 10 DCP Compliance Table Appendix 11 Ecological Assessment Report Appendix 12 Watercourse Letter Appendix 13 Bushfire Threat Assessment Appendix 14 Traffic Impact Assessment

Statement of Environmental Effects – 43 Lot Subdivision (Waterford Stage 53 & 55) 2 Settlers Boulevard, Chisholm (Ref: 190433 H-L) 1

1.0 Introduction 1.1 SUMMARY ADW Johnson has been engaged by Avid Property Group Pty Ltd (“the proponent”) to prepare and lodge a DA with Maitland City Council (“Council”) for a 43 lot staged Torrens Title Subdivision over Lot 4 DP1220220 and Lot 2831 DP1238911 in Chisholm. This SEE has been prepared pursuant to the Environmental Planning and Assessment Act 1979 (EP&A Act) and accompanying regulations, and addresses the necessary issues that require assessment to assist Council in making a determination on the subject application. The proposed development involves the creation of 43 residential lots under two (2) stages which will be known as Stages 53 and 55 of the Waterford Development. Stage 53 will connect to proposed Stage 29 to the north lodged under DA18-1146. The development will also create a large residue allotment which in the future will contain a district sportsground and local park. The subject residential allotments are located within the R1 General Residential Zone (R1 zone) where subdivision is permissible with consent and where a minimum lot size of 450m2 applies. All residential allotments have been designed to achieve this requirement. As part of this application, consent is also sought for the construction of roads, vegetation removal, bulk earthworks/regrading, and landscaping. Water, sewer, stormwater and stormwater basin, power and telecommunication services will also be provided under the proposal. Plans of the Proposed Subdivision are provided within Appendix 1 and further details are provided within Section 3. This land is located within Stage 1 of the Thornton North Urban Release Area (TNURA) which was rezoned in July 2007, and which involved the development of an area specific Master Plan – the principles of which are now included within Part F7 of the Maitland City Council Development Control Plan 2011 (DCP). The subject site is located within the Waterford County Precinct under Part F7. Overall, the proposed development complies with all relevant provisions of the Maitland Local Environmental Plan 2011 (LEP) as well as the relevant aims and objectives of the DCP. Where variations are proposed to DCP principles, they have been supported with evidence to ensure the objectives of the control continue to be achieved. On this basis, Council are requested to support the application.


1.2 CONSULTANT DETAILS

STATEMENT OF ENVIRONMENTAL EFFECTS PREPARED BY:

Name: ADW Johnson Pty Ltd 5 Pioneer Avenue, Tuggerah NSW 2259

Contact:

Stephanie Van Dissel – Senior Town Planner Ph: (02) 4305 4300 Fax: (02) 4305 4399 Email: [email protected]

PROJECT TEAM:

Project Manager ADW Johnson

Town Planner ADW Johnson

Civil Engineer ADW Johnson

Landscaping Moir Landscape Architects

Traffic Intersect Traffic

Bushfire Anderson Environmental Planning

Ecology Anderson Environmental Planning

Contamination JBS&G


2.0 The Site 2.1 LOCATION The subject site is located within the growing Waterford development, on the northern side of Raymond Terrace Road (RTR) at Chisholm. The site is approximately 4km to the east of East Maitland Town Centre, in a growing residential area. Stage 53 is located between Settlers Boulevard and the Catholic School site and Stage 55 is on the south-eastern corner of Settlers Boulevard and Tigerhawk Drive (see Figure 1).

Figure 1: Locality Map

2.2 LAND TITLE The subject site is identified as Lot 4 in Deposited Plan 1220220 and Lot 2831 in Deposited Plan 1238911 and is burdened by numerous easements which will require removal/modification as part of the proposed development. Copies of the Deposited Plans are provided in Appendix 2. 2.3 OWNERSHIP Lot 4 in Deposited Plan 1220220 and Lot 2831 in Deposited Plan 1238911 are both owned by Avid Residential Estates Pty Ltd – whose consent to the lodgement of this application is provided as a letter of authority attached to the application form. Copies of the Certificates of Title are provided in Appendix 3.


2.4 PHYSICAL DESCRIPTION Site: The northern portion of the site has been used throughout the Waterford construction process to stockpile fill and other construction materials. The southern portion contains more intact vegetation along with some temporary drainage areas which will be removed and accounted for within the proposed basin under this development (see Figure 2). Context: The site is located within Stage 1 of the TNURA, where the subject development represents a continuation of the existing Waterford subdivision for which numerous DAs have been lodged and/or approved. Stage 53 is located between the St Aloysius Catholic Primary School and Settlers Boulevard which has been approved for construction under DA15-1963. Stage 55 is located on the eastern side of Settlers Boulevard, south of Tigerhawk Drive. The site also adjoins Lot 4 DP1145348 which is not owned by Avid. A search of Council’s DA tracker has revealed that this property does not contain any approved or lodged subdivision applications to which the subject proposal must accord. Despite this, an indicative layout was prepared over this site to ensure an orderly development can proceed when required.

Figure 2: Aerial Photo of Site

Access: Access to the site is currently available from the roundabout intersection of Settlers Boulevard and Tigerhawk Drive. Watercourses: A first order watercourse exists to the east of Stage 55. This will accommodate an on-line permanent stormwater basin.


Topography: Stage 55 is located on the western face of a relatively deep valley which is defined by the abovementioned watercourse. The topography in this area is quite steep, and so a significant amount of earthworks are required in order to provide roads with an acceptable grade. Stage 53 is relatively level. Vegetation: As demonstrated by the aerial photograph within Figure 2, the southern portion of the site contains numerous trees which fall within the Lower Hunter Spotted Gum Ironbark Forest or Hunter Lowlands Red Gum Moist Forest vegetation – both representative of Endangered Ecological Communities (EEC). Due to the extent of EEC onsite, a Biodiversity Development Assessment Report (BDAR) has been submitted to assess the required offset amount. Photos of the proposed site are provided below and overleaf.

Photo 1: Roundabout of Settlers Boulevard and Tigerhawk Road – looking Northwest

towards Stage 53


Photo 2: Eastern end of Tigerhawk Road looking towards existing Temporary Basin

Photo 3: Eastern end of Tigerhawk Road – looking into Stage 55 to the South


Photo 4: Eastern end of Tigerhawk Road – looking into Residue Lot (Future Sportsground) to

the North

Photo 5: Looking North into Stage 55 from existing Nib off Settlers Boulevard


3.0 Description of the Proposed Development The proposed development comprises the following elements:

Bulk earthworks, lot regrading and vegetation removal over the entire development footprint (excluding residue Lot 5300);

43 Torrens Title residential lots delivered in two (2) stages as follows: o Stage 53 = 17 residential lots and one (1) residue lot to contain future district

sportsground; o Stage 55 = 26 residential lots; one (1) residue lot containing remaining land to

be developed in the future; and one (1) residue lot to be developed as a future road as part of development over the adjoining allotment (Lot 4 DP1145348);

Construction of roads as local roads with 1.5m wide footpaths along one (1) side; A 2.5m wide off road shared pathway on the northern side of Road 35; Construction of two (2) cascading multi-use basins; Provision of underground water, sewer, communication (NBN) and electrical

services as required; Creation of asset protection zones; Creation of any necessary easements; and Landscaping including street trees along all roads.

The structure of the subdivision was generally set by the existing alignment of Settlers Boulevard, the topography of the site dictating the location of the basin and the shape of the property. Beyond this, lots facing Road No. 36 have been made significantly deeper in order to accommodate asset protection zones (APZs) and retain some vegetation within the rear of lots. Road No. 36 has also been designed as a cul-de-sac rather than a thru road due to the levels within the southern area making such a connection impractical as the associated batters required would be significant and would encroach across the watercourse. The allotments around the cul-de-sac (5513-5515) are also steep and as such, have been made significantly larger to accommodate a future dwelling. Plans of the proposed subdivision, including site plan, detailed lot layouts, servicing plans, and cut and fill plan, have been provided in Appendix 1. Plans detailing the treatment for the water quality basin and landscaping are provided within Appendices 4 and 5 respectively. Note that these include the lots proposed under numerous DAs.


4.0 Planning Controls 4.1 ENVIRONMENTAL PLANNING INSTRUMENT (S4.15(1)(A)(I)) 4.1.1 Maitland Local Environmental Plan 2011 Zoning The subject site is located within the R1 General Residential Zone, as identified under the LEP zoning maps (see Figure 3).

Figure 3: Zoning Map

The proposed development, which is defined as a “subdivision”, is permissible with the consent of Council pursuant to Clause 2.6 of the LEP under all zones. It is also noted that “water supply systems” which the basin falls under are also permissible with consent under the R1 zone.


Land Use Table Clause 2.3 of the LEP stipulates that the consent authority must have regard to the objectives for a development in a zone when determining a development application in respect of land within the zone. The proposed residential lots are located with the R1 zone, where the following relevant objectives have been addressed:

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. The proposed subdivision and associated infrastructure will create 43 residential allotments in a logical pattern, thereby providing housing for the community within an area specifically planned for growth. For this reason, the development is considered to achieve the objectives of the R1 Zone. Clause 4.1 – Minimum Subdivision Lot Size The subject site is shown on the Lot Size Map as having a 450m2 minimum lot size (see Figure 4). All residential allotments have a lot size over 450m2 and as such, the proposed subdivision adheres to the provisions of Clause 4.1.

Figure 4: Lot Size Map


Clause 4.3 Height of Buildings N/A - There are no building height controls for this site. Clause 4.4 Floor Space Ratio (FSR) N/A - There are no FSR controls for this site. Clause 5.10 – Heritage Conservation The site is not identified as containing or being adjacent a heritage item, nor as being located within a heritage conservation area. The majority of the Waterford development, including the subject site, is covered by an existing area based Aboriginal Heritage Impact Permit (AHIP). The proposed development will be required to be carried out in accordance with the requirements of this approval where necessary. A copy of the AHIP is located within Appendix 6. Clause 6.1 – Arrangements for Designated State Public Infrastructure The objective of Clause 6.1 is to require satisfactory arrangements to be made for the provision of designated State Public Infrastructure for the subdivision of land in an urban release areas. In this regard, Clause 6.1 states:

(2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the relevant date, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.

The subject site is located within the Thornton North Stage 1 Urban Release Area and as such, will require compliance in this regard (see Figure 5).


Figure 5: Urban Release Area Stage Boundary (Development in Red)

The subject lot is contained within an existing Planning Agreement with regards to the payment of a State Infrastructure Contribution (SIC). This payment has been made for the subject lot with this having been confirm by the Department of Planning and Environment (DPE) (refer to Appendix 7). Clause 6.2 – Public Utility Infrastructure Adequate arrangements have been made for the provision of all services to all residential allotments within the subdivision and as such, the proposal adheres to the provisions of Clause 6.2. Further information with regards to servicing is provided within Section 5 and the servicing plans provided in Appendix 1. A copy of the approved Strategy for the area has been attached within Appendix 8. Taking the above into consideration, adequate arrangements have been or will be made for the provision of all services to all residential allotments within the subdivision and as such, the proposal adheres to the provisions of Clause 6.2. Clause 6.3 – Development Control Plan Clause 6.3 states: (2) Development consent must not be granted for development on land in an urban

release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

(3) The development control plan must provide for all of the following:

(a) a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,


(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

(d) a network of active and passive recreation areas, (e) stormwater and water quality management controls, (f) amelioration of natural and environmental hazards, including bush fire, flooding

and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,

(g) detailed urban design controls for significant development sites, (h) measures to encourage higher density living around transport, open space and

service nodes, (i) measures to accommodate and control appropriate neighbourhood

commercial and retail uses, (j) suitably located public facilities and services, including provision for appropriate

traffic management facilities and parking. The Thornton North Area Plan was adopted by Council on 26th February 2008 and is now included within Part F of the DCP. Within this DCP, the site is subject to the Waterford County North Precinct Plan which addresses the above items and thereby adheres to Clause 6.3. Clause 7.1 – Acid Sulfate Soils Clause 7.1 states: (3) Development consent must not be granted under this clause for the carrying out of

works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.

The subject site contains only Class 5 acid sulfate soils and as such, exposure of acid sulfate soils is highly unlikely. Clause 7.2 – Earthworks Clause 7.2 states: (2) Development consent is required for earthworks unless:

(a) the work is exempt development under this Plan or another applicable environmental planning instrument, or

(b) the work is ancillary to other development for which development consent has been given.

As any earthworks proposed under this application are ancillary to the subdivision, Clause 7.2 is not applicable in this instance. Clause 7.3 – Flood Planning N/A - The site is not located within the flood planning level.


Mapping The following is noted with respect to the remaining mapping layers under the LEP:

The land is not required for acquisition purposes (Clause 5.1); The land is not identified as containing watercourse land (Clause 7.4); and The land is not identified as being within a mineral resource area (Clause 7.5).

Taking the above into consideration, the proposed development is consistent with the LEP. 4.1.2 SEPP Infrastructure 2007 (“ISEPP”) Clause 10 of the ISEPP provides that any development listed within Schedule 3 is classified as “traffic generating development” and requires a referral to the Roads and Maritime Services (RMS). Schedule 3 provides the following:

Column 1 – Purpose of development

Column 2 – Size or capacity (site with access to any road)

Column 3 - Size or capacity—site with access to classified road or to road that connects to classified road (if access within 90m of connection, measured along alignment of connecting road)

Subdivision of land 200 or more allotments where the subdivision includes the opening of a public road.

50 or more allotments

As the proposed subdivision provides only 43 lots, it is not traffic generating development and will not require the concurrence of RMS pursuant to Clause 104 of the ISEPP. 4.1.3 SEPP (State and Regional Development) 2011 The proposed development does not constitute State Significant Development under this SEPP and hence, the provisions relating to same are not relevant. As the proposed development does not have a suitable value (over $30 million) and is not located within the coastal zone, it is also not identified as Regionally Significant Development under Schedule 7 and as such, does not require the Joint Regional Planning Panel to become the consent authority. 4.1.4 SEPP 14 Wetlands The subject site does not contain any SEPP 14 wetlands and is not located within a catchment which drains to any such land.


4.1.5 SEPP 44 Koala Habitat Protection The subject property is not considered to comprise Core Koala Habitat as defined under SEPP 44. This is discussed in greater detail within the BDAR located within Appendix 11. 4.1.6 SEPP 55 Remediation of Land Under this SEPP, Council must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated and if so, whether after remediation, the site would be suitable for its intended use.

A Preliminary Site Investigation (PSI) has been prepared by JBS&G which concluded that through undertaking standard management practices, the land will be suitable for residential purposes. This is discussed in greater detail within Section 5 and the PSI located within Appendix 9. 4.1.7 Coastal Management SEPP The Coastal Management SEPP aims to promote an integrated and coordinated approach to land use planning in the coastal zone in a manner consistent with the objects of the Coastal Management Act 2016. The SEPP applies to land within the coastal zone which includes coastal wetlands and littoral rainforests area, coastal vulnerability areas, coastal environment areas and coastal use areas. The subject site does not fall within any of these areas. 4.2 DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS (S4.15(1)(A)(II)) There are no draft SEPPs applicable to this type of development in this area. 4.3 MAITLAND DEVELOPMENT CONTROL PLAN 2011 (S4.15(1)(A)(III)) 4.3.1 Maitland Development Control Plan 2011 The site is located within the Thornton North Urban Release Area where it is identified primarily within Precinct 5: Waterford County North (see Figure 6). A small portion of Stage 53 is located within Precinct 1: Waterford County, however a separate assessment under this is not required given that all relevant controls are the same under both plans.


Figure 6: Waterford County North Precinct Plan (Development in Red)

The proposed subdivision provides the following main elements, as depicted under the precinct plan provided for within Part F of the DCP:

A residue lot able to accommodate a future local park and district sportsground opposite the school;

A local street providing a connection to future development to the east; and A 2.5m wide off-road shared path along the northern side of Road 35 opposite the

future sportsground. Beyond the precinct plans, the proposed subdivision complies with all relevant controls under the DCP with the exception of the following:

DC.8 Site Filling General Requirements: Earthworks require development consent of Council under the provisions of the Maitland LEP 2011, unless either exempt or complying development. Earthworks including site filling. Where site filling is necessary or proposed, the materials used and extent and depth of fill must be detailed in the development application for the approval of Council prior to issue of a Construction Certificate. Council will take into account the provisions of AS 3798-1990, which provides guidelines on the specifying, execution and control testing of earthworks and associated preparation works within commercial and residential developments. An absolute maximum fill depth of 2 metres will be considered by Council.

As discussed above, the site is located on the western face of a relatively deep valley which in the south had grades of up to 18%. In order to provide roads with acceptable grades, and to accommodate the basins, fill over 2m will be required.


Whilst the proposed depth exceeds Council’s 2m control, it is nonetheless considered to achieve the objective of the control which states:

Objectives: To ensure the environmental impact of site fill is properly assessed.

The proposed fill will have no further impact upon vegetation removal than what the subdivision itself has and provided appropriate erosion and sedimentation controls are in place, will have no adverse impacts on the environment. Furthermore, the placement and compaction of the fill will be supervised to ensure the area is able to be established for future residential purposes. Taking the above into consideration, due to the unique nature of this portion of the site, exceeding the Council control in this regard is considered worthy of support. A complete compliance table against the DCP is provided as Appendix 10. 4.4 PLANNING AGREEMENTS (S4.15(1)(A)(IIIA)) The site is not subject to any current or draft Planning Agreements with regards to local infrastructure, however is affected by the Thornton North Contributions Plan (CP) where the proposed residential lots require contributions at $29,998 per lot (current until February 2019). It is understood that a condition of consent will be applied to the development requiring the payment of contributions in accordance with this plan prior to the release of the Subdivision Certificate, with these funds going towards the below works (and others cited in the CP). Works/land required under the CP on the residue lot created over the subject site includes (see Figure 7):

TN12: Local Park (co-located with District Sportsground TN20): Land Value = $0; Capital Costs = $167,303 plus $24,333 for half width road; and

TN20: District Sportsground (6.2ha): Land Value = $1,919,485; Capital Costs = $2,374,593 plus $114,713 for half width road.

Whilst the proponent is not proposing to dedicate land for the district sportsground or local park at this stage, the residue lot is 6.2ha in accordance with the CP. A small section of road opposite the sportsground will however be created, with half-road costs able to be deducted from any applicable contributions via a Works in Kind Agreement.


Figure 7: Recreation and Open Space and Community Facilities Plan (Development in

Red) 4.5 THE HUNTER REGIONAL PLAN The Hunter Regional Plan was recently released in October 2016. The plan outlines the visions, goals and actions that are geared to growing the regional economy, accelerating housing supply, and protecting and enhancing the natural environment. Greater housing choice is prioritised to satisfy the community’s desire for smaller households. The plan places emphasis on providing new housing in existing and committed growth areas. To meet the projected housing demands over the next 20 years, an average of 3,000 new homes will need to be constructed each year. The proposed development will provide 43 residential lots within an identified growth area for the future development of dwellings and as such, is consistent with visions, goals and actions for accelerating housing supply over the next 20 years in order to meet housing targets (see Figures 8 & 9).


Figure 8: Hunter Regional Plan

Figure 9: Settlement Pattern Plan

4.6 ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT (EPBC ACT) Given that the development only provides potential seasonal foraging habitat for the each species, the subject site is not mapped as important habitat for Swift Parrot and no roost camp is present within the site, referral under the EPBC Act is likely to be unnecessary for this development (see Appendix 11).

Subject Site

Subject Site


4.7 BIODIVERSITY CONSERVATION ACT 2016 (BC ACT) The Biodiversity Conservation Act 2016 came into force on 25th November 2018, replacing the TSC Act. A BDAR has been prepared which assesses the impacts of the development upon threatened entities under this Act, and required offsets to be retired to compensate for this impact (see Appendix 11). 4.8 INTEGRATED DEVELOPMENT (S4.8) The proposed development is classified as “Integrated Development” under Section 4.46 of the EP&A Act, as it requires the following separate approvals:

Authorisation from the NSW Rural Fire Service (RFS) pursuant to Section 100B of the Rural Fires Act 1997 as the development is located over bushfire prone land; and

A Controlled Activity Approval (CAA) will be required from the Department of Industries - Water (DOI Water) pursuant to Section 91 of the Water Management Act 2000 as the proposed development is located within waterfront land.


5.0 Environmental Assessment 5.1 THE LIKELY IMPACTS OF DEVELOPMENT (S4.15(1)(B)) 5.1.1 Context and Setting Area Context The Waterford County North Precinct has been strategically located through detailed studies and future planning undertaken as part of the original rezoning process. For this reason, it is situated in close proximity to a range of supporting infrastructure/services, making it ideal for residential growth. Such services within 5km of the site include four (4) schools, two (2) train stations, sporting fields and a hospital. Within 10km of the site is the wider Maitland CBD offering a full suite of supporting community and retail facilities. Development Context The subject development represents the next subdivision to occur as part of the Avid land holdings. How the site sits amongst these is shown within Figure 10. The existing DAs lodged/approved surrounding the site provide a range of lot sizes, generally averaging around 600m2. The proposed lot sizes are generally similar and will continue to provide housing stock to the market. Given the growing nature of the area, it is considered that the subdivision fits cohesively within the existing and transforming context of the site.


Figure 10: Context Plan


5.1.2 Access, Transport and Traffic Access Access to Sage 53 will be made available under DA15-1963 through the construction of Settlers Boulevard, with Stage 55 having existing access off Tigerhawk Drive. Settlers Boulevard which will distribute traffic to the north via the new intersection with McFarlanes Road or to the south via an existing signalised intersection along RTR. Internal Road Design Two (2) new internal roads will be constructed as part of the proposed subdivision, with these feeding off Settlers Boulevard. These roads have been aligned to provide regular shaped lots and access to future development to the east. The roads have been designed as local roads in accordance with Part C.10, Section DC.6 of the DCP. Road 35 has an 18m reserve width accommodating a 1.5m footpath on one (1) side and a 2.5m wide off road shared pathway on the other side. Road 36 has a 17m reserve width accommodating a 1.5m footpath on one (1) side. Due to the levels around Lot 5513 Road 36 has been designed as a cul-de-sac rather than a thru road. Were Road 36 to provide a connection to future development to the south, the batters required to make a level road at this point would be extensive and would cross the existing first order watercourse. Given the relatively short and straight nature of the cul-de-sac, it is not considered to present a safety issue for emergency services given that its length can be seen from the intersection of Road 35. Traffic & Road Safety Developments in the Thornton North Urban Release Area generate the following traffic rates:

9.0 trips per dwelling; 0.85 vtph – AM weekday peak; 0.9 vtph – PM weekday peak.

The 43 lot subdivision would therefore generate 387 vehicle trips per day and up to 39 weekday peak hour trips. As the development has access to Settlers Boulevard and a new intersection onto Raymond Terrace Road, this small amount of traffic is not expected to require any upgrades to the existing road system. A Traffic Impact Assessment (TIA) has been prepared by Intersect Traffic for the subject DA as well as existing and future development to the north. This assessment has also taken into account all the developments recently lodged by Avid to ensure a holistic assessment has been prepared. The following conclusions have been made in this regard:

There is mid-block capacity along Settlers Boulevard; Harvest Boulevard and McFarlanes Road to accommodate the development, surrounding developments as well as future growth for the next 10 years;

RTR, west of Harvest Boulevard and west of Settlers Boulevard, will meet mid-block capacity by 2028 and as such will require widening as proposed within the Thornton North Contributions Plan (TN36-43);


The RTR / Harvest Boulevard signalised intersection; the RTR / Settlers Boulevard signalised intersection; and the proposed McFarlanes Road / Settlers Boulevard T-intersection (new), will be able accommodate the proposed development; and

The RTR / Harvest Boulevard signalised intersection may reach capacity by 2028, however this is considered unlikely as traffic will redistribute to the RTR / Settlers Boulevard signalised intersection which will have ample capacity.

A copy of the TIA is located within Appendix 14. Public Transport An existing bus service (189) drives straight past the development allowing all lots to be within 400m of a bus stop. This may be amended as part of the wider subdivision, but will continue to use Settlers Boulevard (see Figure 11).

Figure 11: Current and Potential Bus Routes

Pedestrian and Cyclist Facilities Local roads and shared pathways are proposed under this development. These will complement the existing extensive shared pathway and on road commuter network along Settlers Boulevard.

5.1.3 Public Domain The proposed development will have a beneficial effect on the public domain through the continuation of the strategically planned TNURA. It will provide attractive streetscapes through vibrant landscaping; footpaths and shared cycleways throughout; as well as the ability to provide a local playground and district sportsground in the future.


5.1.4 Utilities Water Stage 53 will be serviced from a 150mm water main to be constructed within the western verge of Settlers Boulevard and will be an extension of the existing main. In addition, a 300mm Trunk water main will be constructed within the eastern verge of Settlers Boulevard. Similarly, Road 53 will feature a 300mm trunk water main within the northern verge. A 150mm rider main within the southern verge of Road 35 will service the lots within Stage 55. Sewer Both Stages 53 and 55 will be serviced via gravity mains that drain to a proposed wastewater pump station (WWPS) located within proposed lot 5300 opposite the proposed drainage reserve. This WWPS will service the adjacent upstream developments including Stage 54 of Waterford Estate (yet to be lodged) and future development of Lot 4 DP1145348 (adjoining property to the east). A rising main will be constructed from the proposed WWPS and traverse along Settlers Boulevard to a highpoint and connect to the receiving access chamber located in Vicetail Street (refer to RPS Sewer servicing strategy “WWPS A1” – Appendix 8). A services plan, showing the proposed location of water and sewer supply services within the subdivision, is provided in Appendix 1. A copy of the approved Strategy for the area as well as the Hunter Water stamped plan is provided within Appendix 8. Electricity/Telecommunications/Gas Electricity, telecommunication and gas facilities to service the proposed allotments will be provided underground within the footpath reservation. 5.1.5 Watercourses Based on the SixViewer topographic map, a first order watercourse diagonally crosses the northern portion of the site (see Figure 1). The alignment of this watercourse however, does not correspond to the topography of the land and as such, AEP were engaged to definitively identify where the watercourse ran. They walked the depression running north/south along the eastern boundary and confirmed that the watercourse was as shown within Figure 12 overleaf. Photos taken along the route of the watercourse as well as the existing temporary drainage area which feeds into the watercourse are provided below.


Figure 12: Drainage Line Extent and Photo Location


Photo 6: P08 looking North – Start of the Watercourse

Photo 7: P06 looking North


Photo 8: P05 looking North

Photo 9: P04 Culvert at end of Tigerhawk Drive leading into Watercourse and Temporary

Drainage Basin


Photo 10: P03 Temporary Drainage Basin

In accordance with the DPI-Water’s Guideline for riparian corridors on waterfront land (“the Guideline”), a 10m Vegetated Riparian Zone (VRZ) is required along the watercourse. The Guideline also stipulates that for a first order watercourse, online basins and realignment of the watercourse is acceptable. This treatment is also recommended under the Thornton North Area Plan and has been adopted on numerous developments in the surrounding area including the Harvest, Sofia Waters and DHA developments.

Table 1: Riparian Corridor Matrix (Source: DPI-Water)

As this area is the low point of the catchment, the temporary stormwater basin will be replaced with a permanent stormwater basin to accommodate the proposed development. This will involve realigning the watercourse and placing basins online in accordance with the riparian corridor matrix under guidelines. In order to achieve the 10m VRZ, an 8 – 18m setback from the adjoining road will be achieved, with this area to be rehabilitated with endemic species.


Further details in this regard will be established through the CAA which will be required from DOI Water pursuant to Section 91 of the Water Management Act 2000. Further correspondence surrounding the watercourse is provided within Appendix 12 and discussion on the stormwater basins is provided below and within Appendix 4. 5.1.6 Stormwater & Water Quality A Stormwater Management Plan (SWMP) has been prepared which details the proposed water quantity and quality treatment proposed as part of the development (refer to Appendix 4). In summary, the SWMP details a staged approach, proposing an interim (Stage 1) and ultimate (Stage 2) scenario. As part of the subject development, only Stage 1 is proposed; however investigations have been provided for Stage 2 to ensure that the ultimate developed scenario including adjoining land (4 DP1145348) can be accommodated in the future. Stage 1 involves constructing two (2) cascading multi-use basins along the first order watercourse in order to treat and detain the following developments:

The subject development (Stages 53 and 55); Display Village (referred to as Stage 51 within the SWMP) lodged under DA18-1036; Stage 52 lodged under DA18-1254; Stage 54 (to be lodged shortly); Existing development on the western side of Settlers Boulevard; and Future development over the adjoining property to the east.

See Figure 13.

Figure 13: Existing/Proposed Basin Catchments under DA18-1023


Once these basins are constructed, the existing temporary basin used under DA18-1036 and the temporary basin proposed DA18-1254, as well as the existing basin at the end of Tigerhawk Drive, can be removed. Stage 2 will involve constructing a third basin which will accommodate the remaining residentially zoned land within this catchment located on the adjoining property. This will be constructed when required by the applicable developers. The (SWMP) provides further details in this regard and has been prepared to show compliance with Council’s quantity and quality requirements. Detention storage has been modelled using the XPRAFTS software and designed to limit the peak runoff from the post developed catchment to less than or equal to the peak runoff of the pre developed catchments. A MUSIC model was used to simulate pollutant source elements for the proposed development. A water quality system consisting of rainwater tanks, gross pollutant traps and the basin was then modelled to control pollutants discharging from the proposed development. The water quality pollutant reduction targets have been met prior to runoff leaving the site. Full details surrounding stormwater as well erosion and sedimentation controls are discussed within the SWMP located within Appendix 4. 5.1.7 Flora and Fauna Due to the presence of EEC on site, Anderson Environmental Plan (AEP) have prepared a BDAR to ascertain the necessary offsets required to remove vegetation. The BDAR has been prepared for the entire Avid land holdings and as such, has been staged according to each DA to be lodged. A copy of the BDAR is provided within Appendix 11.

5.1.8 Heritage Aboriginal Heritage The site is covered by an existing AHIP (C0001352). Future construction works on this site will need to adhere to the conditions of this permit where relevant, a copy of which is provided within Appendix 6. European Heritage As discussed above, the site does not contain any items of heritage significance and is not located within a heritage conservation area. 5.1.9 Natural Hazards Bushfire As noted previously, the subject site is classified as “bushfire prone” land under the bushfire maps adopted by Council.


As such, given the proposed development is classified as a “Special Protection Purpose” under the Rural Fires Act 1997, Council are required to refer the application to the RFS to gain their General Terms of Approval as per the “Integrated Development” provisions of Section 4.46 of the EP&A Act. To identify the extent of bushfire threat and to assist the RFS in their assessment of the proposal, a Bushfire Threat Assessment (BTA) has been prepared by AEP (refer to Appendix 13). To inform the BTA, AEP have conducted a slope and vegetation assessment which has concluded that APZs of between 20-25m along the southern and eastern portion of Stage 55 (See Figure 14). These will be accommodate along Road 36 and the front setback of lots, however will become obsolete once development to the north and east occurs.


Figure 14: APZ Plan (Source: AEP 2018)

Flooding The site is not flood affected. 5.1.10 Noise and Vibration Quarry The original Thornton North Masterplan identified the site as being within 500m of an approved mining area (clay).


Despite this, this has not been in active operation for several years and is not anticipated to re-start. For this reason, noise or vibration from the quarry is not expected. It is also noted that existing subdivisions within 500m of this site has since been approved. Road Noise The site is located over 400m from Raymond Terrace Road and as such, traffic noise is not considered to be an impact factor.

5.1.11 Social and Economic Impact The proposed subdivision will further strengthen the TNURA as an emerging growth area and this in turn will strengthen the demand and therefore supply of community services. The subject development is likely to result in approximately $13.5 million dollars of investment in the local economy ($2.5 million from subdivision construction and $11 million in dwelling construction). The subdivision will accommodate approximately 115 additional residents, with around half of these within the work force. This additional population will drive up demand for existing and proposed services and businesses within the area which will have a cyclical impact on job and wealth creation. In addition to this, significant local employment opportunities will exist during the construction process. The subdivision also provides a wide range of allotment sizes which in the future will accommodate a variety of housing styles. The ability to accommodate different dwelling types will bring a broad spectrum of residents to the area and this mix will add vibrancy, support and interest to the community. 5.1.12 Geotechnical Considerations Contamination The PSI prepared by JBS&G covering the subject site and further development to the north, found multiple potential contamination sources across the site including stockpiled material; fill material, surface soils, natural soils and groundwater. To assess the actual contamination present, soil samples were collected across the site which were directed at areas most likely to contain contaminants. The following results were obtained in this regard:

Testing concluded that the concentration of contaminants (TRH, BTEX, OCPs and PAHs) were below the adopted Health based criteria for residential use;

Marginally elevated chromium of SP09-01 result were reported, however these were not within the footprint of this development;

ACM fragments were identified; No potential chemical mixtures were identified; Anthropocentric materials were identified within the stockpiled material, across the

surface of the site and within some fill materials. As the site is proposed to be a residential site, this material presents an aesthetic issue;

There is no evidence of or potential for migration of contamination from the site.


Based on the above, JBS&G concluded that the site can be made suitable for the proposed residential development following the implementation of a Site Management Strategy which would include:

ACM removal and validation testing regime; Testing of wastes prior to off-site disposal to an appropriately licensed facility; and An unexpected find protocol, including the assessment of stockpile material prior to

on-site reuse. A copy of the PSI is provided within Appendix 9. Geotechnical Considerations Preliminary Geotechnical investigations undertaken for stages within the north revealed the following with regards to the geotechnical characteristics of that site:

Bedrock was encountered at depths between 450mm to 1.60m, however considered able to be excavated through using conventional earthmoving equipment;

Groundwater may be expected nearer the low lying areas to the north. It is considered that the subject site is likely to exhibit similar characteristics, however ongoing geotechnical investigations will be undertaken throughout the construction process to refine results required as part of the design and certification process. 5.1.13 Landscaping and Visual Amenity The landscape design proposed as part of this development will include:

Waterhousia floribunda (Weeping Lilly Pillies) reaching a mature height of 15h x 5w; Cupaniopsis anacardioides (Tuckeroo) reaching a mature height of 8h x 7w; and Corymbia eximia ‘Nana’ (Yellow Bloodwood) reaching a mature height of 7h x 5w.

The above species have generally been selected from Council’s Preferred Species List with the exception of the Yellow Bloodwood which is noted as being preferred species in many surrounding Councils and as being low maintenance. A copy of the landscape plans are provided within Appendix 5. 5.1.14 Site Design and Internal Design Beyond the design parameters discussed under Section 3, allotment size and configuration was chosen based on market demand. In this regard, regular rectangular lots provide the greatest ability to accommodate the greatest range of dwelling designs. The ideal range for lot dimensions in today’s market is generally between 15-18m wide by 32m long. Anything less than this starts to restrict dwelling design and anything more starts to waste land thereby not taking full advantage of the zoning and infrastructure. Allotments along Road 36 which have not been able to meet this range have been proposed to accommodate the ability to retain some trees within the property.


5.1.15 Waste As with most best practice building projects, the amount of waste to be generated during the construction phase will generally be minimal by use of pre-ordered and pre-fabricated materials where possible. In terms of waste management, during construction the majority of the waste produced will be from the removal of topsoil, and of trees. This will be re-used elsewhere by the contractors or where re-use is not possible or inappropriate, green waste will be disposed of at the local Waste Management Facility. In terms of ongoing waste management for future dwellings, all allotments have sufficient area to accommodate Council’s garbage bins, and all lots front roads which will be able to accommodate Council’s collection service. 5.1.16 Safety, Security and Crime Prevention

The proposed subdivision will provide additional casual surveillance to nearby public areas with all lots located along public roads (i.e. no new battle-axe lots), with ample street frontage, and with streets to be conditioned to be appropriately illuminated. Lots along Road 36 will provide casual surveillance across the stormwater basin and lots within Stage 53 and those along Road 35 will look into the future sportsground. 5.2 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT (S4.15(1)(C)) The proposed subdivision is located on a site which is appropriately zoned, within a master planned urban release area, and adjoining similar existing developments to the west. For these reasons, the subject site is considered to be entirely suitable for the proposed residential subdivision. 5.3 ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT (S4.15(1)(D)) The subdivision will require public notification with any relevant submissions to be addressed by Council. 5.4 THE PUBLIC INTEREST (S4.15(1)(E)) The proposed subdivision will develop existing vacant land for the purposes for which it has been zoned and as such, is considered to be in the public interest through the long term benefits of development and growth within a strategically appropriate location. Beyond this, the development will also:

Provide new pedestrian pathways and shared pathways which continue those built at Waterford County;

Create jobs during construction; Enhance ongoing future business for locals; and Contribute significant funds towards the upgrade of a variety of community

facilities, roads and infrastructure.


6.0 Conclusion The proposed subdivision will create 43 residential allotments in a logical pattern within an area strategically planned for growth and in accordance with all the relevant provisions of Maitland LEP 2011. The proposed subdivision provides allotments of an appropriate size, shape and orientation to allow for the construction of a wide range of housing types. The subdivision incorporates wide streets that facilitate easy vehicular, cyclist and pedestrian access and connections to nearby public transport facilities, schools, community facilities and areas of open space. The proposed subdivision has taken into account all site constraints and opportunities to produce a layout and infrastructure solution which works with adjoining future subdivisions. All necessary services and infrastructure is available or can be provided to the site, inclusive of water, sewerage, underground gas, electricity and telecommunication facilities and an industry best practice stormwater management system. In addition, footpaths, cycleways and extensive landscaping throughout the subdivision will also be provided, all of which combine to ensure a high quality residential neighbourhood will be created for the benefit of future residents. The development has been professionally designed and provides for the ongoing progression of Stage 1 of the TNURA. The proposal stems from long term growth planning ensuring adequate services and infrastructure are available to the growing neighbourhood. In summary, the development complies with the minimum lot size within the LEP and the applicable chapters of the Maitland DCP 2011. Where variations are requested, they have been adequately justified ensuring that the intent of the control is still achieved. Taking the above into consideration, the proposal addresses all matters under Section 4.15C of the EP&A Act and on this basis Council is requested to grant development consent to the application.

Appendix 1

PLANS OF PROPOSED SUBDIVISION

Appendix 2

DEPOSITED PLAN

Appendix 3

CERTIFICATE OF TITLE

Appendix 4

STORMWATER MANAGEMENT PLAN

Appendix 5

LANDSCAPE PLANS

Appendix 6

ABORIGINAL HERITAGE IMPACT PERMIT

Appendix 7

DPE CORRESPONDENCE

Appendix 8

WATER & SEWER STRATEGY AND HUNTER WATER STAMPED PLAN

Appendix 9

PRELIMINARY SITE INVESTIGATION

Appendix 10

DCP COMPLIANCE TABLE

Appendix 11

ECOLOGICAL ASSESSMENT REPORT

Appendix 12

WATERCOURSE LETTER

Appendix 13

BUSHFIRE THREAT ASSESSMENT

Appendix 14

TRAFFIC IMPACT ASSESSMENT

adw johnson pty limited planning

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