agenda of ordinary meeting - 18 october 2017...2017/10/18 · ordinary meeting - 18 october 2017...

12 MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 OCTOBER 2017 REPORT 8.1

Item 8: Development

8.1 Modification to DA0370/2009 (MA0001/2018) - Seniors Living - Spring Flat Road, Spring Flat

REPORT BY THE SENIOR TOWN PLANNER TO 18 OCTOBER 2017 ORDINARY MEETING GOV400064, MA0001/2018

RECOMMENDATION That Council: A. receive the report by the Senior Town Planner on MA0001/2018 – Modification of

Consent MA0034/2012, to modify Conditions 78 - 80 proposed Seniors Housing Development;

B. amend the land to which the development consent applies, to lot B DP 162225, lot 3

DP 1130059, and lot 4 DP 116433 – to reflect current title descriptions; and C. approve the Section 96 application (MA0001/2018) with the exception of Condition 4,

relating to development consent MA0034/2012 (DA0370/2009), proposed Seniors Housing Development, lot B DP 162225, lot 3 DP 1130059, and lot 4 DP 116433, Lions Drive and Spring Flat Road, Mudgee in accordance with the following conditions of consent;

APPROVED PLANS 1. Development is to be carried out generally in accordance with stamped approved

plans: DA00 Rev 8.0 Title Sheet and Drawing Schedule DA01 Rev 8.0 Site Analysis Plan DA02 Rev 8.0 Site Masterplan DA03 Rev 8.0 Site Landscape Masterplan DA04 Rev 8.0 Development Response to Site Analysis Plan DA05 Rev 8.0 Typical Residential Cluster Landscape Concept DA06 Rev 8.0 Development Response and SEPP (Seniors Living) 2004 Compliance DA07 Rev 8.0 Village Facilities – Plan DA08 Rev 8.0 Village Facilities – Clubhouse DA09 Rev 8.0 Village Facilities – Other Buildings DA11 Rev 8.0 Village Facilities – Landscape Concept DA13 Rev 9.0 Staging Plan DA14 Rev 8.0 Houses Type M1 DA15 Rev 8.0 Houses Type M2 DA16 Rev 8.0 Houses Type M3, M4 & M5 DA17 Rev 8.0 Houses Type M5s, M6 & M7 DA18 Rev 8.0 House Compliance Plan and Landscape Concept Plan DA19 Rev 8.0 Site Sections & Landscape Concepts

MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 OCTOBER 2017 REPORT 8.1

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DA20 Rev 8.0 Miscellaneous Project Information DA21 Rev 8.0 Site Survey and the Application received by Council on 7th June 2009 except as varied by the

conditions listed herein. Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application.

GENERAL CONDITIONS STAGES A1 TO A12 & STAGES B13 TO B21

The following conditions have been applied to ensure that the use of the land and/or building is carried out in a manner that is consistent with the aims and objectives of the environmental planning instrument affecting the land. 2. All buildings and pedestrian access must be provided with adequate means of

access for persons with disabilities in order to comply with the Building Code of Australia and the Disability Discrimination Act 1992.

In this regard, the applicant must submit an access design detail for the Development which has been certified by a qualified Accredited Access Advisor* with the Construction Certificate application.

NOTE 1: Compliance with the Building Code of Australia only, may still leave a building professional or building owner in contravention of the Disability Discrimination Act 1992. 2: * A qualified Accredited Access Advisor is a current member of:- Association of Consultants in Access Australia Inc 326 Autumn Street, HERNE HILL, VICTORIA 3218 Ph (03) 5221 2820 EMAIL: [email protected] WEB: www.access.asn au 3: A qualified Accredited Access Advisor should carry current and relevant public liability and public indemnity insurance for the practice of their trade.

3. The applicant must also consider the requirements of the Disability (Access to

Premises-Buildings) Standards which would be applicable to the development. 4. The access to Lion’s Drive shall provide a secondary access for the development. 5. The proposed development shall be constructed and operated as ‘serviced self-

contained dwellings’ in accordance with State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

6. The proposed development shall only accommodate:

(a) seniors or people who have a disability, (b) people who live within the same household with seniors or people who have a

disability, (c) staff employed to assist in the administration of and provision of services to

housing provided under this Policy. 7. A restriction as to user will be registered against the title of the property on which

development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, limiting the use of any accommodation to which the


application relates to: (a) seniors or people who have a disability, (b) people who live within the same household with seniors or people who have a

disability, (c) staff employed to assist in the administration of and provision of services to

housing provided under this Policy. 8. The proposed development will be a retirement village (within the meaning of the

Retirement Villages Act 1999). 9. The proposed development shall be constructed and operated in accordance with

Part 2 Site-related requirements, Part 3 Design Requirements, Part 4 Development Standards to be complied with, Part 5 Development on land adjoining land zoned primarily for urban purposes and Schedule 3 Standards concerning accessibility and useability for hostels and self-contained dwellings of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

PRIOR TO THE COMMENCEMENT OF WORKS STAGES A1 TO A12 & STAGES B13 TO B21 These conditions are required to ensure that the site is ready for construction works to commence and satisfy the provisions of the Environmental Planning and Assessment Act 1979 and the Building Code of Australia 10. Prior to the commencement of any construction works, the following provisions of

the Environmental Planning and Assessment Act 1979 (the Act) are to be complied with:

a) A Construction Certificate is to be obtained in accordance with Section

81A(2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be notified

of the appointment in accordance with Section 81A (2) (b) of the Act. c) Council is to given at least 2 days notice of the date intended for

commencement of building works, in accordance with Section 81A(2)(c) of the Act.

11. A Construction Certificate application must include working drawings of the

structural elements of the proposed buildings within the development, prepared and certified by a practising Professional Structural Engineer.

PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE STAGES A1 TO A12 & STAGES B13 TO B21 The following conditions must be complied with prior to the Principal Certifying Authority (PCA) issuing a Construction Certificate. The conditions are required to satisfy the PCA that the proposal is consistent with the applicable development consent, the Building Code of Australia and any Australian Standards that are relevant. 12. Separate application must be made under Section 68 of the Local Government Act

1993, as amended, to Mid-Western Regional Council for all water supply, sewerage, and stormwater drainage work associated with the development. Full details must be submitted to the Council for approval prior to the issue of the Construction Certificate by the Principal certifying Authority.


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13. Adequate separately accessible toilet facilities must be provided within the development for persons with disabilities in accordance with Part F.2 of the building Code of Australia. Full details are to be included in the documentation for a Construction certificate.

14. All building work must comply with the requirements of the Building Code of

Australia 2008, Volume One, in particular, full compliance with the requirements of Sections C, D, E, F and J, together with the relevant Australian Standards and also the Environmental Planning and Assessment Act, 1979, as amended, and Regulations.

Full details must be provided with the Construction Certificate application.

15. The design and construction of any proposed commercial kitchen and associated

structures within the development must be fitted out in accordance with the relevant requirements of the Australian Standard 4674 - 2004 "Design, Construction and Fitout of Food Premises" dated 11 February 2004 and the NSW Food Act 2003. Full details of these areas must be submitted for approval with the required Construction Certificate.

16. All areas not provided with natural ventilation in accordance with the provisions of

the Building Code of Australia being provided with an approved mechanical ventilation system complying with Australian Standard 1668, Parts 1 and 2. Full details being provided with the Construction Certificate application.

17. A Construction Certificate application for this development is to include a list of fire

safety measures proposed to be installed in the development and/or on the land and include a separate list of any fire safety measures that already exist.

18. Application may be made to Council or to an Accredited Certifier for the issue of a

Construction Certificate and/or to be the Principal Certifying Authority monitoring compliance with the approval and issuing any relevant documentary evidence or certificate(s).

BUILDING CONSTRUCTION STAGES A1 TO A12 & STAGES B13 TO B21 These conditions are provided to ensure that adequate standards are being observed during the construction phase of the development. 19. With the exception of work where there is in force an exemption under clause 187 or

188 of the Environmental Planning & Assessment Act 1979, all building work that involves residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, such a contract of insurance is to be in force. No work is to commence until a copy of a Home Owners Warranty or Owner/Builders Permit has been submitted to Council.

20. All plumbing and drainage work must be carried out by a licensed plumber and

drainer and must comply with the requirements of AS 3500 (National Plumbing & Drainage Code) and the NSW Code of Practice - Plumbing & Drainage. The selected plumber/drainer must provide Council with a drainage diagram detailing the location of the drainage system and the relevant connections. All plumbing and drainage inspections must be carried out by Council prior to the covering of any trenches or wall/ceiling linings.


21. Any liquid trade wastes from the development, other than stormwater must be discharged to the Council sewerage system and in accordance with the Councils requirements for the discharge of liquid trade waste.

22. The requirements of the submitted BASIX Certificates contained in "Annexure

Number 1" of this Consent must be installed and/or completed in accordance with the commitments contained in those Certificates. Any alteration to those commitments will require the submission of an amended BASIX certificate/s to the Council prior to the commencement of the alteration/s.

23. All mandatory inspections required by the Environmental Planning and Assessment

Act and any other inspections deemed necessary by the Principal Certifying Authority being carried out during the relevant stages of construction.

24. The applicant complying with the requirements of clause 2.5 "Building in Saline

Environments" contained in Council's Development Control Plan for "Residential Development" 2008 relating to the measures that must be implemented for the construction of house slabs and footings.

25. Should the development require the site to be "cut or filled" to allow for the

provision of a reinforced concrete floor slab, the cut and/or fill must not exceed 1000mm. Any cut or fill must be retained by a method approved by Council.

26. If soil conditions require it:

a) retaining walls associated with the erection of a building or other approved methods of preventing movement of soil must be provided, and

b) adequate provision must be made for drainage. Full details must be provided to the Council prior to the commencement of that phase of the work.

27. Adequate yard drainage together with appropriately sized sumps must be provided

for the collection and disposal of ground surface waters to prevent a nuisance being caused to the subject property and/or adjoining properties.

The disposal of this water must discharge to the street gutter or interallotment drainage easement. The ground water drainage system must be separate to the roofwater drainage system. Full details must be submitted with the Construction Certificate application.

28. Construction work noise that is audible at other premises is to be restricted to the

following times. Monday to Friday 7.00am to 6.00pm Saturday 8.00am to 1.00pm

No construction work is permitted on Sundays and Public Holidays. 29. The site must be provided with a waste enclosure (minimum 1800mm x 1800mm x

1200mm high) that has a lid or secure covering for the duration of the construction works to ensure that all wastes are contained on site. The enclosure is to be emptied periodically to reduce the potential for rubbish to be blown from the site. The Council encourages the separation and recycling of suitable materials.

30. During construction, temporary toilet facilities are to be provided at or in the vicinity

of the nominated work site and for this purpose provide either a standard flushing toilet or an approved sewage management facility.


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31. A sign must be erected in a prominent position on any work site on which the erection of a building is being carried out;

a) stating that unauthorised entry to the work site is prohibited, and b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

32. Runoff and erosion controls must be installed prior to clearing the site and

incorporate:

a) diversion of uncontaminated upsite runoff around cleared and/or disturbed areas and areas to be cleared and/or disturbed.

b) sediment control fences at the downslope perimeter of the cleared and/or

disturbed area to prevent sediment and other debris escaping from the land to pollute any stream or body of water.

c) maintenance of all erosion control measures at maximum operational capacity

until the land is effectively rehabilitated and stabilised beyond the completion of the development or particular stage of the development.

33. Adequate facilities being provided in a screened location within the development for

the storage of garbage, discarded or returnable packaging or other forms of trade wastes and arrangements being made for the regular removal and disposal of same. Full details are to be included in documentation for a Construction Certificate application.

34. A Registered Surveyors Certificate showing the boundaries of the site and the

proposed development plotted thereon being submitted to the Principal Certifying Authority prior to commencement of construction.

35. A copy of the final Fire Safety Certificate (together with a copy of the current fire

safety schedule) is to be provided to the Commissioner of NSW Fire Brigades and a further copy of the Certificate (together with a copy of the current fire safety schedule) is to be prominently displayed in the building.

36. For every 12 month period after the issue of the Final Fire Safety Certificate the

owner/agent of the building must provide the Council with a copy of an Annual Fire Safety Statement certifying that specified fire safety measure is capable of performing to its specification.

37. There being no interference with the amenity of the neighbourhood by reason of the

emission of any "offensive noise", vibration, smell, fumes, smoke, vapour, steam, soot, ash or dust, or otherwise as a result of the proposed development.

38. The Construction Certificate application must include full details of compliance with

Section J ( Energy Efficiency ) of the Building Code of Australia, Volume One in relation to the non-residential buildings within the development.

39. The placing of building materials or the carrying out of building operations upon or

from Council's footway or roadway is prohibited unless prior consent in writing is obtained from Council.

PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE STAGES A1 TO A12 & STAGES B13 TO B21


The following conditions are to be completed prior to occupation of the building and are provided to ensure that the development is consistent with the provisions of the Building Code of Australia and the relevant development consent. 40. Evidence is to be provided to the Principal Certifying Authority (PCA) demonstrating

that all dwellings comply with the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 - Schedule 3 Standards concerning accessibility and useability for hostels and self-contained dwellings

41. All building or site works or other written undertaking or obligation indicated in the

submitted plans and supporting documentation or otherwise required under the terms of this consent being carried out or implemented prior to the occupation of the premises.

42. Prior to the occupation of a new building, an Occupation Certificate must be

obtained from the Principal Certifying Authority appointed for the erection of the building.

43. Prior to issue of the Occupation Certificate, Council is to be supplied with:

a) A certificate from an energy provider indicating that satisfactory arrangements have been made for provision of electricity supply to the development.

b) A certificate from a communication provider indicating that satisfactory

arrangements have been made for provision of telephone services to the development.

PRIOR TO THE ISSUE OF THE ENGINEERING CONSTRUCTION CERTIFICATE STAGES A1 TO A12 44. Further geological investigation is required to determine the affect of both the

shallow groundwater and potential salinity issues within the whole site including stage B. The developer is to comply with recommendations found within the report.

45. Engineering plans of any mains extensions are to be submitted to and approved by

Council or an Accredited Certifier prior to the issue of a Construction Certificate.

Detailed engineering design supported by plans, and an “Autocad compatible” Plan, (in dwg format including pen-map), material samples, test reports and specifications is to be prepared in accordance with AUS-SPEC #1 (as modified by Mid Western Regional Council) and the conditions of this development consent. The engineering design is to be submitted to and approved by Council or an Accredited Certifier prior to the issue of a Construction Certificate.

46. A site supervisor is to be nominated by the applicant prior to issue of the

Construction Certificate.

A Traffic Control Plan (TCP) completed by a “Certified Person” for implementation during works is to be submitted to Mid-Western Regional Council prior to any work commencing.

Contractor’s public liability insurance cover for a minimum of $10,000,000 is to be sighted and to be shown to Mid-Western Regional Council as an interested party.

47. An Erosion and Sediment Control Plan for the development is to be prepared and

implemented in accordance with the LANDCOM guidelines and requirements as


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outlined in the latest edition of “Soils and Construction – Managing Urban Stormwater”. Points to be considered include, but are not limited to:

• Drainage reserves and swales are to be turfed; • Saving available topsoil for reuse in the revegetation phase of the subdivision; • Using erosion control measures to prevent on-site damage; • Rehabilitating disturbed areas quickly; • Maintenance of erosion and sediment control structures; • Details of scour protection devices.

48. The applicant is to submit a Drainage Report prepared in accordance with the

Institution of Engineers publication Australian Rainfall and Run-off to Council for approval prior to the release of the Construction Certificate. The report must demonstrate that stormwater run-off from the site is not increased beyond the existing undeveloped state up to and including a 100-year ARI. Alternatively if the applicant can demonstrate to council that there are other benefits to the catchment by reducing detention, council may consider alternative options. All storm water temporary bunds/berms/channels and detention details including analysis shall be included with the drainage report.

49. Due to the shallow ground water identified all water treatment basins constructed

within the site are to detain water only. No retention basins will be permitted. 50. The submission to Council of engineering design plans for any road works. Such

plans shall include pavement and wearing surface investigation and design, sedimentation and erosion control plans, a detailed construction plan. These plans are to be approved by the Council prior to the issue of a Construction Certificate.

51. All developer payments, bonds and contributions must be paid prior to the release

of any Construction Certificate. ENGINEERING CONSTRUCTION STAGES A1 TO A12 52. The developer is to upgrade Spring Rd for the full frontage of the proposed

development through to the Castlereagh Hwy, such that it has the following characteristics:

Item Requirement Full Road Pavement Width

8 m

Footpath Width 4 m Seal Two-coat flush seal -14/7 mm (Double/

Double) as required Underground Drainage

Stormwater to be piped from detention Basin down to culverts on Castlereagh Hwy. Table drain is to be turfed.

53. The construction of an all-weather vehicle access to the development, in accordance

with the following minimum guidelines:

(i) a gate or stock grid (if applicable) set back a minimum distance of fifteen (15) metres from edge of the traffic lane of the public road;

(ii) a minimum 6.0 metre wide sealed driveway with 1m splay, extending from the


edge of pavement on the public road to the entrance gate or stock grid; (iii) a minimum 6.0 metre wide reinforced concrete pipe culvert with headwalls

sized to accommodate upstream flows, located outside the clear zone, having the table drain directed through it.

(iv) the access shall be located such that adequate sight distances are achieved, as specified in the Austroads publication ‘Intersections at Grade’.

54. The drainage bund/channel adjoining lot 1 DP1096525 is to be designed such that all

flows up to and including a 1:100 year rainfall event can be contained and discharged in a controlled manner to Spring Road.

55. All works are to be constructed at the full cost of the developer, in a manner

consistent with Aus-Spec #1 and Council’s standard drawings. 56. The developer is to extend and meet the full cost of water and sewerage reticulations

to service the new lots plus the cost of connecting to existing services. All water and sewerage work is required to be carried out in accordance with the requirements of Mid-Western Regional Council (as the Water Supply Authority under the Local Government Act, 1993) and in accordance with the National Specification – Water & Sewerage Codes of Australia.

57. Interallotment drainage is to be provided to remove stormwater from any lots that

cannot discharge to the street in accordance with AusSpec #1. 58. Three metre wide easements, including associated Section 88B instruments, are to

be created in favour of Council over any existing or newly constructed inter-allotment drainage, water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this development.

59. Following completion of the subdivision works, one full set of work-as-executed

plans, in pdf and dwg format, which is “Autocad compatible” is to be submitted on disk to Council. All work-as-executed plans shall bear the Consulting Engineer's or Consulting Surveyor's certification stating that all information shown on the plans is accurate.

60. Following completion of all engineering works, a bond of 5% of the value of such

works (not carried out by Council) or a minimum of $2,000, whichever is the greater, shall be lodged with Council.

61. The bond may be provided by way of a monetary deposit with the Council. 62. The 12 month maintenance bond period to commence as of the date of the final

inspection. The developer is to ensure all work is completed prior to arranging final inspection with council. Before the 12 month maintenance inspection is arranged, the developer is to ensure all work is to a satisfactory standard.

63. The amount at which uncompleted works is to be held as bond, is to be confirmed

with Council at a rate of 135% of the total cost of uncompleted works. 64. All earthworks, filling, building, driveways or other works, are to be designed and

constructed (including stormwater drainage if necessary) so that at no time will any ponding of stormwater occur on adjoining land as a result of this development.


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ENGINEERING INSPECTIONS STAGES A1 TO A12 65. The subdivision works are to be inspected by the Council (or an Accredited Certifier

on behalf of Council) to monitor compliance with the consent and the relevant standards of construction, encompassing the following stages of construction: • Installation of sediment and erosion control measures • Water, sewer and drainage line installation prior to backfilling • Road Pavement construction • Road Pavement surfacing • Practical Completion

66. Stage A -1

Sec 64 Calculated at: Water Club House – Kitchen & Dining Area = 188.8m² x 0.008 = ET (1.5 ET) 5 Units @ 0.1 ET Sewer Club House – Kitchen & Dining Area = 188.8m² x 0.013 = ET (2.45 ET) 5 Units @ 0.125 ET 10 Units @ 0.6 ET for Water 10 Units @ 0.75 ET for Sewer The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require: (a) Payment of a contribution for water and sewerage headworks at the following rate:

Water Headworks $58,174 Sewerage Headworks $35,109 Total $93,283

(b) The adjustment of existing services or installation of new services and meters, as required, in compliance with Australian Standard 3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer.

67. Stage A -2

Sec 64 Calculated at: 11 Units @ 0.6 ET for Water 11 Units @ 0.75 ET for Sewer The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require: (a) Payment of a contribution for water and sewerage headworks at the following

rate:




68. Stage A -3

Sec 64 Calculated at: 10 Units @ 0.6 ET for Water 10 Units @ 0.75 ET for Sewer The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require: (a) Payment of a contribution for water and sewerage headworks at the following rate:



69. Stage A – 4




70. Stage A - 5

Sec 64 Calculated at: 11 Units @ 0.6 ET for Water


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11 Units @ 0.75 ET for Sewer The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require: (a) Payment of a contribution for water and sewerage headworks at the following rate:



71. Stage A -6

Sec 64 Calculated at; 10 Units @ 0.6 ET for Water 10 Units @ 0.75 ET for Sewer The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require: (a) Payment of a contribution for water and sewerage headworks at the following rate:



72. Stage A -7

Sec 64 Calculated at: 11 Units @ 0.6 ET for Water 11 Units @ 0.75 ET for Sewer The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require:

(a) Payment of a contribution for water and sewerage headworks at the following rate:




73. Stage A -8




74. Stage A -9

Sec 64 Calculated at: 10 Units @ 0.6 ET for Water 10 Units @ 0.75 ET for Sewer The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require:

(a) Payment of a contribution for water and sewerage headworks at the following rate:



75. Stage A -10

Sec 64 Calculated at: 8 Units @ 0.6 ET for Water 8 Units @ 0.75 ET for Sewer


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The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require: (a) Payment of a contribution for water and sewerage headworks at the following rate:



76. Stage A -11




77. Stage A -12





STAGES B13 TO B21 DEFERRED COMMENCEMENT CONDITIONS STAGES B13 AND B21 SHALL NOT OPERATE UNTIL THE FOLLOWING TWO CONDITIONS ARE RESOLVED: 78. The applicant satisfies the Council that an easement for drainage has been

registered to burden Lot 2 DP10793621 and Lot 40 DP 1124695 for the benefit of Lot B DP 162225, Lot 197 DP 756894, Lot 41 DP 756894, Lot 1 DP 577656, Lot 2 DP 577656 so as to permit the discharge of stormwater in accordance with the plans referred to in Condition 79. The applicant is required to produce evidence to the Council of compliance with this condition within five (5) years of 21 July 2010.

(DELETED MA0001/2018)

78A. The applicant satisfies the Council that an easement for drainage has been registered to burden any downstream affected properties for the benefit of the land to be developed, so as to permit the discharge of stormwater in accordance with the plans referred to in Condition 79A.

The applicant is required to produce evidence to the Council of compliance with this condition prior to issue of any Construction Certificate for any works or buildings for Stages B13 to B21.

(AMENDED MA0001/2018) 79. The applicant provides detailed drainage plans for the discharge of stormwater from

Lot B DP 162225, Lot 197 DP 756894, Lot 41 DP 756894, Lot 1 DP 577656, Lot 2 DP 577656 prepared by a qualified engineer in accordance with the publication “Australian Rainfall and Runoff” Institution of Engineers, to the satisfaction of Council. The plans must demonstrate that there will be no adverse impact from stormwater discharge upon downstream neighbouring properties.


79A. Detailed drainage plans for the discharge of stormwater from the land to be developed, are to be prepared by a qualified engineer in accordance with the publication “Australian Rainfall and Runoff” Institution of Engineers and lodged with and approved by Council’s Development Engineer prior to the issue of any Construction Certificate for any works or buildings for Stages B13 to B21. The plans must demonstrate that there will be no adverse impact from stormwater discharge upon downstream neighbouring properties.

(AMENDED MA0001/2018) 80. The installation of downstream drainage works and the installation and maintenance

of drainage works on the subject site shall be carried out in accordance with the plans referred to in the second Deferred Commencement Condition being condition number 79. The works shall be completed prior to the issue of any building Construction Certificate for Stage B.


80A. The installation of downstream drainage works and the installation and maintenance of drainage works on the subject site shall be carried out in accordance with the plans referred to in condition number 79A. The works shall be completed to the satisfaction of Council’s Development Engineer prior to the issue of any building Construction Certificate for Stage B.

(AMENDED MA0001/2018)


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PRIOR TO THE ISSUE OF THE ENGINEERING CONSTRUCTION CERTIFICATE 81. Engineering plans of any mains extensions are to be submitted to and approved by

Council or an Accredited Certifier prior to the issue of a Construction Certificate.

Detailed engineering design supported by plans, and an “Autocad compatible” Plan, (in dwg format including pen-map), material samples, test reports and specifications is to be prepared in accordance with AUS-SPEC #1 (as modified by Mid Western Regional Council) and the conditions of this development consent. The engineering design is to be submitted to and approved by Council or an Accredited Certifier prior to the issue of a Construction Certificate.

82. A site supervisor is to be nominated by the applicant prior to issue of the

Construction Certificate. A Traffic Control Plan (TCP) completed by a “Certified Person” for implementation during works is to be submitted to Mid Western Regional Council prior to any work commencing. Contractor’s public liability insurance cover for a minimum of $10,000,000 is to be sighted and to be shown to Mid Western Regional Council as an interested party.

83. An Erosion and Sediment Control Plan for the development is to be prepared and

implemented in accordance with the LANDCOM guidelines and requirements as outlined in the latest edition of “Soils and Construction – Managing Urban Stormwater”. Points to be considered include, but are not limited to:

• Drainage reserves and swales are to be turfed. • Saving available topsoil for reuse in the revegetation phase of the subdivision; • Using erosion control measures to prevent on-site damage; • Rehabilitating disturbed areas quickly; • Maintenance of erosion and sediment control structures; • Details of scour protection devices.

84. The applicant is to submit a Drainage Report prepared in accordance with the

Institution of Engineers publication Australian Rainfall and Run-off to Council for approval prior to the release of the Construction Certificate. The report must demonstrate that stormwater run off from the site is not increased beyond the existing undeveloped state up to and including a 100-year ARI.

Alternatively if the applicant can demonstrate to council that there are other benefits to the catchment by reducing detention, council may consider alternative options. All storm water temporary bunds/berms/channels and detention details including analysis shall be included with the drainage report.

85. Due to the shallow ground water identified all water treatment basins constructed

within the site are to detain water only. No retention basins will be permitted. 86. The submission to Council of engineering design plans for any road works. Such

plans shall include pavement and wearing surface investigation and design, sedimentation and erosion control plans, a detailed construction plan. These plans are to be approved by the Council prior to the issue of a Construction Certificate.


87. All developer payments, bonds and contributions must be paid prior to the release of any Construction Certificate.

ENGINEERING CONSTRUCTION STAGES B13 TO B21 88. Access onto Lions Drive is to comply with the RTA Road Design Guidelines

publication, “Intersections at grade”. 89. The temporary berm for stage A is to be removed upon construction of stage B. 90. Any soil / water retention structures are to be constructed prior to the bulk stripping

of topsoil, to ensure sediment from the whole site is captured. 91. All works are to be constructed at the full cost of the developer, in a manner

consistent with Aus-Spec #1 and Council’s standard drawings. 92. The developer is to extend and meet the full cost of water and sewerage reticulations

to service the new lots plus the cost of connecting to existing services. All water and sewerage work is required to be carried out in accordance with the requirements of Mid-Western Regional Council (as the Water Supply Authority under the Local Government Act, 1993) and in accordance with the National Specification – Water & Sewerage Codes of Australia.

93. Interallotment drainage is to be provided to remove stormwater from any lots that

cannot discharge to the street in accordance with AusSpec #1. 94. Three metre wide easements, including associated Section 88B instruments, are to

be created in favour of Council over any existing or newly constructed inter-allotment drainage, water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this development.

95. Following completion of the subdivision works, one full set of work-as-executed

plans, in pdf and dwg format, which is “Autocad compatible” is to be submitted on disk to Council. All work-as-executed plans shall bear the Consulting Engineer's or Consulting Surveyor's certification stating that all information shown on the plans is accurate.

96. Following completion of all engineering works, a bond of 5% of the value of such

works (not carried out by Council) or a minimum of $2,000, whichever is the greater, shall be lodged with Council. The bond may be provided by way of a monetary deposit with the Council.

97. The 12 month maintenance bond period to commence as of the date of the final

inspection. The developer is to ensure all work is completed prior to arranging final inspection with Council. Before the 12 month maintenance inspection is arranged, the developer is to ensure all work is to a satisfactory standard.

98. The amount at which uncompleted works is to be held as bond, is to be confirmed

with Council at a rate of 135% of the total cost of uncompleted works. 99. All earthworks, filling, building, driveways or other works, are to be designed and

constructed (including stormwater drainage if necessary) so that at no time will any ponding of stormwater occur on adjoining land as a result of this development.


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ENGINEERING INSPECTIONS 100. The subdivision works are to be inspected by the Council (or an Accredited Certifier

on behalf of Council) to monitor compliance with the consent and the relevant standards of construction, encompassing the following stages of construction: • Installation of sediment and erosion control measures • Water, sewer and drainage line installation prior to backfilling • Road Pavement construction • Road Pavement surfacing • Practical Completion

101. Stage B -13

Sec 64 Calculated at: 8 Units @ 0.6 ET for Water 8 Units @ 0.75 ET for Sewer The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require: (a) Payment of a contribution for water and sewerage headworks at the following

rate:


(b) The adjustment of existing services or installation of new services and meters,

as required, in compliance with Australian Standard 3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer.

102. Stage B -14





103. Stage B -15




104. Stage B -16




105. Stage B -17



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106. Stage B -18




107. Stage B -19




108. Stage B -20

Sec 64 Calculated at; 10 Units @ 0.6 ET for Water


10 Units @ 0.75 ET for Sewer The developer shall obtain a Certificate of Compliance under the Water Management Act 2000. This will require: (a) Payment of a contribution for water and sewerage headworks at the following rate:


(b) The adjustment of existing services or installation of new services and meters, as required, in compliance with Australian Standard 3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer

109. Stage B -21



(b) The adjustment of existing services or installation of new services and meters, as required, in compliance with Australian Standard 3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer

110. Monetary contributions for the proposed development are to be paid to Council in

accordance with the submitted Voluntary Planning Agreement. Payments as prescribed in the VPA are to be paid prior to the issue of an Occupation Certificate for each of the nominated stages of the development.

ANNEXURE 1 TO DA0370/2009 HOUSING DEVELOPMENT FOR SENIORS OR PEOPLE WITH A DISABILITY – 205 DETACHED DWELLINGS AND ASSOCIATED FACILITIES – LOT B DP 162225, LOT 3 DP 1130059, AND LOT 4 DP 116433 LOT B DP 162225 LOT 197 DP 756894 LOT 41 DP 756894 LOT 1 DP 577656 LOT 2 DP 577656 – CNRS BROADHEAD ROAD, LYONS DRIVE, SPRING FLAT ROAD SPRING FLAT (AMENDED MA0001/2018)


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PROJECT NAME (DWELLING) BASIX CERTIFICATE NO Mudgee M1 2 bed (a) 225449S Mudgee M1 2 bed (b) 225471S Mudgee M1 2 bed (c) 225699S Mudgee M1 2 bed (d) 225687S Mudgee M1 2 bed (e) 225482S Mudgee M1 2 bed (f) 225693S Mudgee M1 2 bed + ens (a) 226488S Mudgee M1 2 bed + ens (b) 226481S Mudgee M1 2 bed + ens (c) 226494S Mudgee M1 2 bed + ens (d) 226498S Mudgee M1 2 bed + ens (e) 226491S Mudgee M1 2 bed + ens (f) 226492S Mudgee M1 2 bed + study + ens (a) 226545S Mudgee M1 2 bed + study + ens (b) 226042S Mudgee M1 2 bed + study + ens (c) 226046S Mudgee M1 2 bed + study + ens (d) 226054S Mudgee M1 2 bed + study + ens (e) 226049S Mudgee M1 2 bed + study + ens (f) 226043S Mudgee M1 3 bed + study + ens (a) 226022S Mudgee M1 3 bed + study + ens (b) 226561S Mudgee M1 3 bed + study + ens (c) 226034S Mudgee M1 3 bed + study + ens (d) 226032S Mudgee M1 3 bed + study + ens (e) 226029S Mudgee M1 3 bed + study + ens (f) 226024S Mudgee M2 2 bed (a) 225218S Mudgee M2 2 bed (b) 225141S Mudgee M2 2 bed (c) 225231S Mudgee M2 2 bed (d) 225220S Mudgee M2 2 bed + ens (a) 225283S Mudgee M2 2 bed + ens (b) 226621S Mudgee M2 2 bed + ens (c) 225284S Mudgee M2 2 bed + ens (d) 225291S Mudgee M2 2 bed + study + ens (a) 225329S Mudgee M2 2 bed + study + ens (b) 225267S Mudgee M2 2 bed + study + ens (c) 225335S Mudgee M2 2 bed + study + ens (d) 225341S Mudgee M2 3 bed + study + ens (a) 225396S Mudgee M2 3 bed + study + ens (b) 225391S Mudgee M2 3 bed + study + ens (c) 225397S Mudgee M2 3 bed + study + ens (d) 225344S Mudgee M3 2 bed (a) 225101S Mudgee M3 2 bed (b) 225123S Mudgee M3 2 bed (c) 229399S Mudgee M3 2 bed (d) 229403S Mudgee M3 2 bed + study (a) 225124S Mudgee M3 2 bed + study (b) 225128S Mudgee M3 2 bed + study (c) 228423S Mudgee M3 2 bed + study (d) 228444S Mudgee M4 3 bed (a) 225057S Mudgee M4 3 bed (b) 225044S Mudgee M4 3 bed (c) 225034S Mudgee M4 3 bed (d) 225050S


Mudgee M4 3 bed (e) 225052S Mudgee M5 3 bed + study (a) 225067S Mudgee M5 3 bed + study (b) 225069S Mudgee M5 3 bed + study (c) 225073S Mudgee M5 3 bed + study (d) 225077S Mudgee M5 3 bed + study (e) 228482S Mudgee M5 3 bed + study (f) 228485S Mudgee M5s 3 bed + study (a) 225092S Mudgee M5s 3 bed + study (b) 225094S Mudgee M6 2 bed + study (a) 227976S Mudgee M6 2 bed + study (b) 227970S Mudgee M6 2 bed + study (c) 227979S Mudgee M6 2 bed + study (d) 227977S Mudgee M7 2 bed – duplex (a) 224814S Mudgee M7 2 bed – duplex (b) 225024S Mudgee M8 2 bed + study – duplex (a) 224829S Mudgee M8 2 bed + study – duplex (b) 225027S

Executive summary OWNER/S GX Nominees Pty Ltd APPLICANT: GX Nominees Pty Ltd PROPERTY DESCRIPTION 38 Spring Flat Road, Spring Flat PROPOSED DEVELOPMENT Seniors Living ESTIMATED COST OF DEVELOPMENT: $65,000,000 REASON FOR REPORTING TO COUNCIL: Original application referred to Council PUBLIC SUBMISSIONS: Nil A Section S96(1A) modified development application under the Environmental Planning and Assessment Act 1979, for the proposed modification of MA0034/2012 (DA0370/2009) was lodged with Council 7 July 2017, seeking to amend consent for a Seniors Living development at 38 Spring Flat Road (formally 227 Bruce Road, Spring Flat). The Seniors Living development includes the erection of 205 detached dwellings and ancillary facilities related. Access is to be gained from Spring Flat Road to the east of the site with a secondary access required from Lions Drive to the north. The original consent (DA0370/2009) has been modified twice (MA009/2010 and MA0034/2014) to resolve various issues including the undertaking of drainage works. The subject modification includes updating several conditions to reflect changed title descriptions, following subdivision and closure of roads. The particulars of each proposed change are detailed within this report. The application was placed on public exhibition in accordance with Council policy, with no submissions received during the notification period, ending 28 July 2017. The application is recommended for approval, with the exception of Condition 4 which is discussed within the report.


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Figure 1: Location Plan Disclosure of Interest Nil S96 Legislative Requirements Section 96(1A) of the Environmental Planning and Assessment Act, 1979 (EP&A Act 1979) pertains to modifications to a consented development application involving minimal environmental impact. It states: “1A A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent 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 (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.

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.”


It is considered that the proposed modification will result in negligible environmental impacts and is substantially the same development as the consent which was originally granted. The application was placed on public exhibition in accordance with Council policy, with no submissions received during the notification period, ending 28 July 2017. The information detailed below provides an assessment of the areas of the development, which require assessment under Section 79C of the EP&A Act 1979, as is relevant. Those areas of the development not discussed below are not considered relevant to the proposed modification. Assessment The proposal involves several changes to the conditions and references throughout the consent. Each of the conditions and references of relevance are discussed below:

Modification of the identification of the land to be developed

Since the original consent was issued (DA0370/2009) the legal descriptions of the land to be developed have changed, owing to subsequent subdivisions, and creation of a new lot owing to the closure of an unnamed road.

Additionally, the latest modification to the consent (MA00034/2012) did not formally reference Lot B DP162225, which formed part of the original consent.

Accordingly, the applicant has requested that the following lots now be referenced in the consent to assist in communicating the land to which the consent applies:

• Lot 4 DP1164833

• Lot 3 DP1130059

• Lot B DP162225

• Lot 1 DP1159038

The changes to title references will have no material effect on the consent. Accordingly, it is recommended that the consent be amended as reflected above.

It should be noted that Lot 1 DP1159038 is a new parcel that was created by a road closure under the Roads Act 1993. The lot is Council owned, operational land and therefore does not form part of the applicant’s land or the consent, and accordingly will not be included in the description of land to which development consent applies.

Condition 4 – Amend to provide for the creation of a right of carriageway over Lot 1 DP1159038

The applicant has requested that condition 4 be amended to include the requirement to create a right of carriageway over Lot 1 DP1159038, which is needed to facilitate access to the development.

Condition 4 currently reads as follows:

‘The access to Lion’s Drive shall provide a secondary access for the development’

At the time of the original assessment the applicant proposed the second access to Lions Drive, via an unformed crown road. Following the consent being issued, at the developer’s request (refer to attachment 2) Council closed part of the unformed road, and created Lot 1 DP1159038. The


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developer requested Council close the road, and make it available for purchase. This was reported to and resolved by Council at the meeting of 21 May 2008 (refer to attachment 2).

The developer now seeks to ensure legal access via the creation of a Right of Way, over Council’s land – rather than purchasing the newly created lot, as originally agreed.

Notwithstanding the previous agreements between Council and the developer, Council cannot impose/burden private property with a Right of Carriageway through a condition of consent – even where Council is the owner. Such a condition is beyond Council’s power. If the developer wants a right to pass over Council’s land (Lot 1 DP1159038), the developer will need to enter into negotiations with Council outside the DA process – as is the normal process.

Accordingly, the proposal to amend condition 4 to include a requirement to create a right of carriageway is not supported.

It should be noted, the condition does not need to be amended in order to facilitate the development. That is, the condition is broad in its application, and allows for access off Lions Drive through any means – Right of Carriageway, private property, or public road.

Reference to deferred commencement requirements for conditions 78, 79 and 80 and wording of these conditions

Conditions 78, 79 and 80 all relate to drainage requirements and were intended to be resolved prior to commencing works on stages B13 to B21.

The applicant has requested that the reference to ‘deferred commencement’, which was intended for conditions 78, 79 and 80 within the consent be removed and replaced with a specification that conditions 78, 79 and 80 be satisfied prior to stages B13 to B21 proceeding.

This approach is supported. The incorporation of deferred commencement conditions within the body of the Development Consent is unusual. The conditions/heading would not have been imposed pursuant to section 80(3) of the EP&A Act 1979. That section only authorises the imposition of conditions which must be satisfied before the Development Consent itself can operate. The consent has already lawfully commenced, with confirmation in writing provided by Council to the developer.

Accordingly, it is recommended to now individually reference, within each condition, when the condition is to be complied with to avoid doubt. The general wording of each condition is also recommended to be amended to provide more clarity as discussed below.

Condition 78

The condition currently reads as follows:

The applicant satisfies the Council that an easement for drainage has been registered to burden Lot 2 DP10793621 and Lot 40 DP1124695 for the benefit of Lot B DP 162225, Lot 197 DP 756894, Lot 1 DP 577656, Lot 2 DP 577656 so as to permit the discharge of stormwater in accordance with the plans referred to in condition 79. The applicant is required to produce evidence to the Council of compliance with this condition within five (5) years of 21 July 2010.

As discussed previously in this report, the referenced individual lots are no longer relevant, owing to subsequent subdivisions and road closures. Furthermore, the reference to a time limit on compliance with the condition is also no longer relevant as Council only needs to be assured that the correct legal provisions are in place at the time they are required, which is prior to the commencement of stages B13 to B21.


Accordingly, it is recommended to amend condition 78 as follows to allow for the flexibility needed within the consent whilst still ensuring the necessary requirements are in place at the appropriate stage:

78A. The applicant satisfies the Council that an easement for drainage has been registered to burden any downstream affected properties for the benefit of the land to be developed, so as to permit the discharge of stormwater in accordance with the plans referred to in Condition 79A.

The applicant is required to produce evidence to the Council of compliance with this condition prior to issue of any Construction Certificate for any works or buildings for Stages B13 to B21.

Condition 79


The applicant provides detailed drainage plans for the discharge of stormwater from Lot B DP162225, Lot 197 DP 756894, Lot 41 DP 756894, Lot 1 DP 577656, Lot 2 DP 577656 prepared by a qualified engineer in accordance with the publication “Australian Rainfall and Runoff” Institution of Engineers, to the satisfaction of Council. The plans must demonstrate that there will be no adverse impact from stormwater discharge upon downstream neighbouring properties.

It is considered appropriate to amend the condition to remove reference to specific lots and instead reference the development site and the particular stage at which the details are to be provided, which is consistent with the other recommended condition changes discussed previously.

Accordingly, it is recommended to amend condition 79 as follows:

79A. Detailed drainage plans for the discharge of stormwater from the land to be developed, are to be prepared by a qualified engineer in accordance with the publication “Australian Rainfall and Runoff” Institution of Engineers and lodged with and approved by Council’s Development Engineer prior to the issue of any construction certificate for any works or buildings for Stages B13 to B21. The plans must demonstrate that there will be no adverse impact from stormwater discharge upon downstream neighbouring properties.

Condition 80


The installation of downstream drainage works and the installation and maintenance of drainage works on the subject site shall be carried out in accordance with the plans referred to in the second Deferred Commencement Condition being condition number 79. The works shall be completed prior to the issue of any building Construction Certificate for Stage B.

In keeping with the amendments above for conditions 78 and 79 it is necessary to amend condition 80 to reflect the desired outcomes for the drainage works at the appropriate stage of the development and remove any reference to deferred commencement. Accordingly, condition 80 is recommended to be amended as follows:

80A. The installation of downstream drainage works and the installation and maintenance of drainage works on the subject site shall be carried out in accordance with the plans referred to in condition number 79A. The works shall be completed to the satisfaction of Council’s Development Engineer prior to the issue of any building Construction Certificate for Stage B.


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The application has been assessed in accordance with Section 79C(1) of the Environmental Planning & Assessment Act 1979. The main issues are addressed below as follows.

LEGISLATIVE REQUIREMENTS S79C(1)(a)

Mid Western Regional Local Environmental Plan 2012 No provisions of the LEP are relevant to the proposed amendments contained within this application.

State Environmental Planning Policy No provisions of any SEPP, in particular the SEPP (Housing for Seniors or People with a Disability) 2004, are relevant to the proposed amendments contained within this application.

Mid Western Regional Development Control Plan 2013 The provisions of MWRDCP 2013 are generally satisfied as a result of the proposed amendments. LIKELY IMPACTS OF THE DEVELOPMENT S79C(1)(b) It is considered that the proposed modification will not contribute to any adverse social or economic impacts to the natural or built environment. SUITABILITY OF THE SITE S79C(1)(c) The overall layout and appearance of the development is not proposed to be altered through this modification. SUBMISSIONS 79C(1)(d) The application was placed on public exhibition in accordance with Council policy, with no submissions received during the notification period, ending 28 July 2017. PUBLIC INTEREST S79C(1)(e) There are no matters other than those discussed in the assessment of the Modified Development Application above that would be considered to be contrary to the public interest.

CONSULTATIONS

Development Engineer Council’s Manager Development Engineering has reviewed the proposed changes and has indicated that the revised recommended conditions will achieve all the necessary outcomes with regards to any drainage requirements.

Community Plan implications Theme Protecting Our Natural Environment Goal Protect and enhance our natural environment Strategy Ensure land use planning and management enhances and protects biodiversity and

natural heritage

Strategic implications Not applicable.


Financial implications Not applicable. Associated Risks Not applicable.

DREW ROBERTS SENIOR TOWN PLANNER

JULIE ROBERTSON DIRECTOR DEVELOPMENT

LINDSAY DUNSTAN MANAGER, STATUTORY PLANNING

11 September 2017 Attachments: 1. Statement of Environmental Effects. (separately attached)

2. Road Closure Report and Resolution. (separately attached) APPROVED FOR SUBMISSION: BRAD CAM GENERAL MANAGER

agenda of ordinary meeting - 18 october 2017...2017/10/18 · ordinary meeting - 18 october 2017...

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