development control unit - mid-coast council · 2018-01-17 · development control unit. will be...

NOTICE OF MEETING

Notice is hereby given that a meeting of the

DEVELOPMENT CONTROL UNIT will be held at the Council Chambers, Breese Parade, Forster on

22 MAY 2014 AT 2PM

The order of the business will be as detailed below (subject to variation by Council) 1. Apologies

2. Declarations of Pecuniary & Non-Pecuniary Conflicts of Interest

3. Confirmation of the Minutes from previously held meetings: DCU 15 May 2014

4. Consideration of Officers' Reports: Director Planning & Environmental Services

5. Late Business

6. Close of Meeting * NB If a Councillor wants to call in any Application for determination by Full Council, they must notify

the General Manager’s Secretary of the Item by 12.00 noon on Tuesday 20 May 2014. Glenn Handford GENERAL MANAGER

GREAT LAKES COUNCIL Council endorsed Great Lakes 2030 on 25 June 2013 incorporating a vision supported by four key directions identified by the community. This Plan is Council's primary forward planning document that aligns our community's vision with a clear strategic direction for the Great Lakes' long term future. VISION

a unique and sustainably managed environment balanced with quality lifestyle opportunities created through appropriate development, infrastructure and services

KEY DIRECTIONS & OBJECTIVES

Key Direction 1 Our environment

Objectives

• Protect and maintain the natural environment so it is healthy and diverse

• Ensure that development is sensitive to our natural environment

• Prepare for the impact of sea level rise and climate change

• Sustainably manage our waste

Key Direction 2 Strong local economies

Objectives

• Promote the Great Lakes as an area that is attractive for residents and visitors

• Establish and maintain a supportive business environment that encourages job opportunities

• Provide transport infrastructure that meets current and future needs

Key Direction 3 Vibrant and connected communities

Objectives

• Provide the right places and spaces • Plan for sustainable growth and development • Increase and improve access to education for

all ages • Encourage a positive and supportive place for

young people to thrive • Develop and support healthy and safe

communities • Build on the character of our local

communities and promote the connection between them

Key Direction 4 Local leadership

Objectives

• Deliver Council services which are effective and efficient

• Strengthen community participation • Represent the community's interests through

regional leadership

GREAT LAKES COUNCIL

CODE OF CONDUCT PRINCIPLES AND ETHICAL DECISION MAKING

• Integrity – You must not place yourself under any financial or other obligation to any

individual or organisation that might reasonably be thought to influence you in the performance of your duties.

• Leadership – You have a duty to promote and support the key principles by leadership and example and to maintain and strengthen the public’s trust and confidence in the integrity of Council. This means promoting public duty to others in the council and outside, by your own ethical behaviour.

• Selflessness – You have a duty to make decisions solely in the public interest. You must not act in order to gain financial or other benefits for yourself, your family, friends or business interests. This means making decisions because they benefit the public, not because they benefit the decision maker.

• Objectivity – You must make decisions solely on merit and in accordance with your statutory obligations when carrying out public business. This includes the making of appointments, awarding of contracts or recommending individuals for rewards or benefits. This means fairness to all; impartial assessment; merit selection in recruitment and in purchase and sale of Council’s resources; considering only relevant matters.

• Accountability – You are accountable to the public for your decisions and actions and should consider issues on their merits, taking into account the views of others. This means recording reasons for decisions; submitting to scrutiny; keeping proper records; establishing audit trails.

• Openness – You have a duty to be as open as possible about your decisions and actions, giving reasons for decisions and restricting information only when the wider public interest clearly demands. This means recording, giving and revealing reasons for decisions; revealing other avenues available to the client or business; when authorised, offering all information; communicating clearly.

• Honesty – You have a duty to act honestly. You must declare any private interests relating to your public duties and take steps to resolve any conflicts arising in such a way that protects the public interest. This means obeying the law; following the letter and spirit of policies and procedures; observing the code of conduct; fully disclosing actual or potential conflict of interests and exercising any conferred power strictly for the purpose for which the power was conferred.

• Respect – You must treat others with respect at all times. This means not using derogatory terms toward others, observing the rights of other people, treating people with courtesy and recognising the different roles others play in local government decision-making.

Ethical Decision Making Consider the following points when assessing a potential action or decision. • Is the decision or conduct legal? • Is it consistent with Council policy, Council’s objectives and Council’s Code of Conduct? • What will the outcome be for yourself, your colleagues, Council and other interested parties? • Does it raise a conflict of interest? • Do you stand to privately gain or lose at the public expense? • Can the decision be justified in terms of the public interest? • Would the decision withstand public scrutiny?

TABLE OF CONTENTS

CONSIDERATION OF OFFICERS’ REPORTS: ....................................................................................... 1

DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES ................................................................ 1 1 PES - DA 297/2014 - Unauthorised restaurant - Forster Marina Boatshed .................................................. 1 2 PES - DA 506/2010 - Alterations & Additions - Newman Ave, Blueys Beach ............................................. 26

CONSIDERATION OF OFFICERS’ REPORTS: DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES

1 PES - DA 297/2014 - Unauthorised restaurant - Forster Marina Boatshed

Index: DA 297/2014 & PK 34650 Author: Development Assessment Planner - Stephen Andrews DCU Meeting: 22 May 2014

DETAILS:

Date Received: 14 February 2014

Applicant: Mr J V Wilson

Owner: Department of Primary Industries - Crown Lands Division

Land: 73 Little Street Forster (Lot 437 DP257511; Lot 465 DP704867; Lot 468 DP720816; Lot 471 DP722563; Lots 1 & 2 DP1076431)

Area: 1761.94m2 Property Key: 34650 Zoning: 6(a) Open Space and Recreation Zone and also unzoned

land, GLLEP 1996

SUMMARY OF REPORT:

• Development Application No. 297/2014 lodged seeking consent for the unauthorised use of the boatshed as a restaurant and proposed building works.

• Parking demand and provision. • Access requirements. • Impact on neighbouring residential amenity. • Flooding implications.

SUMMARY OF RECOMMENDATION: That the Development Application be approved subject to conditions.

FINANCIAL/RESOURCE IMPLICATIONS:

Cost of defending any appeal against Council’s decision.

POLICY IMPLICATIONS:

Nil.

LEGAL IMPLICATIONS:

A decision for approval subject to conditions or refusal may lead to an appeal to the Land and Environment Court requiring legal representation.

LIST OF ANNEXURES:

A: Aerial view of locality with subject site identified. B: Plans of the development. C: DCP 17 - Little Street, Forster Foreshore Reserve Plan of Management & Development Control

Plan relevant extract.

LIST OF ATTACHMENTS:

Nil.

DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 22 MAY 2014 Page 1

SUBJECT SITE AND LOCALITY:

BACKGROUND: The existing Forster Marina boatshed and associated buildings date back to the 1940's or earlier (ref. Statement of Environmental Effects prepared by Coastplan Group Pty Ltd). Council's records indicate the following: DA 2108/1985 - Development Consent was refused 23 January 1987 for the use of the marina for the purpose of hiring houseboats. Council advised the applicant by letter dated 22 October 1987 to submit a development application for the unauthorised use of the marina for the purpose of moorings and hire boats. DA 2889/1988 - Development Consent granted 21 March 1988 for the demolition of the existing boatshed and retain and modify the existing jetties on Lot 468; renovate the interior of the existing boatshed on Lot 465, including raising of the floor in the office and providing a new toilet and offices; relocating, upgrading and extending the existing jetties on Lot 465 to link up with the jetties on Lot 468. It would appear from Council's records that the building work associated with the above consent took place in the absence of a Building Application approval required by condition 2 of the development consent. DA 5511/1992 - Development Application lodged for the erection of a disabled ramp and jetties. Consent not issued as superseded by DA 5627/1992. DA 5627/1992 - Development Consent granted 9 June 1993 for the erection of a new boatshed, two pontoons, new jetties, decks and walkways and a roof over part of an existing walkway. BA 863/1992 submitted 2 November 1992 for the works and the application was cancelled.


DA 6117/1993 - Development Consent granted 13 December 1993 for the relocation of the existing jetty along the western side of the subject lease (Lot 468) to permit wave reduction measures to limit erosion. DA 6216/1993 - Development Consent granted 24 December 1993 for the use of the boatshed for a water taxi service. DA 6217/1993 - Development Consent granted 29 December 1993 for the use of the existing boatshed as a booking office for a cruise vessel and a set down pick up point for scenic jet-boat rides. DA 660/1999 - Development Consent granted 26 October 1999 for seaplane joy-flights and utilisation of an existing wharf at Forster Marina. DA 322/2003 - Development Consent granted 7 March 2003 for charter boat cruises. DA 171/2012 - Development Consent granted 22 December 2011 for the demolition of timber jetties and the installation of pre-fabricated concrete pontoons and new deck. DA 343/2012 - Development application was lodged 2 April 2012 for the unauthorised use of part of the existing Forster Marina boatshed as a café/restaurant. The application was considered by the DCU at its meeting on 30 August 2012 when it was resolved to issue Deferred Commencement Development Consent for the café/restaurant use and for associated building works and to issue a penalty infringement notice in the sum of $750.00 on the lessee for carrying out illegal building works. The Deferred Commencement conditions were satisfied and the consent became operative on 2 November 2012. Condition 1 of the development consent stated:

1. This consent is limited to twelve (12) months from the date this consent becomes operative unless the consent and its conditions are achieved, to the satisfaction of Council, within that period.

The applicant satisfactorily addressed a number of the conditions, particularly those conditions relating to public health and safety however at the expiration of the twelve (12) months the following conditions remained outstanding: Condition 2 - Development being completed in accordance with approved plans. Comment: The approved building works associated with the installation of the accessible toilet and the unisex toilet had not been completed. Condition 9 - MidCoast Water approval prior to issue of Construction Certificate. Comment: This condition applied to those proposed works that were subject of a Construction Certificate application (ref. CC 159/2014 that has not yet been determined) and for which MidCoast Water were resolving with the lessee the disposal of waste water not directly into the main sewer rather via a grease arrestor. Condition 11- Details demonstrating that the premises met the requirements of the Disability (Access to Premises - Buildings) Standard 2010 were to be submitted to enable the issue of a Construction Certificate (ref. CC159/2014). Comment: The details were not submitted and the Construction Certificate application 159/2014 has not been determined. The applicant has previously indicated that he had commissioned a report/advice in respect of this condition that would be submitted prior to the issue of a Construction Certificate. Condition 12 - Section 94 Contributions in the total sum of $31,228.80 were to be paid prior to the issue of the Construction Certificate 159/2014. Comment: The contribution has not been paid.


Condition 14 - Details of required bicycle parking were required to be submitted prior to the issue of a Construction Certificate. Comment: The details were not submitted and the Construction Certificate application 159/2014 has not been determined. Condition 26 - Required all wiring to comply with relevant electrical standards having regard to the building being exposed to a potential flood. Comment: Certification from a licensed electrical contractor has not been submitted as required by this condition. Condition 32 - A certificate from a mechanical ventilation engineer was required to be submitted prior to the issue of an Occupation Certificate for the existing mechanical ventilation system. Comment: The certificate has not been submitted however the applicant has previously indicated that he is considering quotations in regard to the above matter. With the benefit of legal opinion and the fact that the development had not been completed in accordance with condition 1 of development consent, the development consent expired on 2 November 2013. Therefore, the lessee had two options, to cease the use or submit a new development application for the use and any proposed building works. The lessee was advised accordingly by Council letter dated 10 January 2014. CC 159/2014 - Construction Certificate application was lodged with Council on 1 November 2013. The applicant (ie. lessee) was advised by Council letter dated 27 November 2013 to address conditions 9, 11, 12 and 14 (above) before the Construction Certificate could be issued. The lessee has now lodged the subject fresh development application for the existing change of use of part of the existing boatshed to a café/restaurant with associated proposed building works.

PROPOSAL: The proposal is to seek development consent for the existing use of part of the existing Forster Marina boatshed as a café/restaurant. The approved marina use will continue on the remainder of the site. Development consent is also sought in respect of the following proposed building works: • Construction of a toilet facility suitable for use by a person with a disability and compliant with

AS1428.1. • Construction of a unisex toilet facility. • Reinstatement of a window to the eastern elevation of the building. The café/restaurant is proposed to operate as follows: 1. Seating for a maximum of seventy (70) patrons 2. Hours of operation - 6.30am to 10.30pm daily, providing meals for breakfast, lunch and dinner.

(The existing marina use operates 6.30am to 8.30pm - Summer and 8.00am to 6.00pm - Winter).

3. Musical entertainment will be provided by performing artists from time to time, for example duos

playing instruments such as the clarinet and guitar. Also the proponent holds a licence from the Australasian Performing Right Association/Australasian Mechanical Copyright Owners Society for the playing of recorded background music within the premises.

Although not forming part of this application, it is intended to obtain an 'on licence' for the sale of alcohol to café/restaurant patrons.


Access to the café/restaurant will be via the existing car parking area located within the adjacent foreshore public reserve and within roadside car parking on Little Street. The approved marina/boatshed will operate as the predominant use with hours of operation unchanged. That use includes a chandlery with retail sales of fishing equipment, boat fuel and gas refills; a workshop for the repair and servicing of boats; and hire boat services comprising twenty (20) aluminium runabouts and four (4) party boats. Plans of the development are attached as Annexure B.

SITE DESCRIPTION: The site is located on the foreshore of and extending over Breckenridge Channel, opposite South Street. The site (ie. leased from the Crown) is comprised of several lots and is occupied by an existing commercial marina/boatshed known as Forster Marina boatshed. The site relies on parking availability to the adjoining public reserve and in neighbouring streets.

REPORT:

The following matters listed under Section 79C of the Environmental Planning and Assessment Act, 1979, are relevant in considering this application: (a) The provisions of any environmental planning instrument; any draft environmental

planning instrument that is or was on public exhibition and which have been notified to the consent authority; any DCP; any matters prescribed by the regulations, any coastal zone management plan that apply to the Development Application on the subject land

Great Lakes Local Environmental Plan 1996 (GLLEP 1996) The site is zoned 6(a) Open Space and Recreation Zone (generally over foreshore land) and unzoned land (generally over the waterway). A restaurant is permissible in either the zoned or unzoned areas, with development consent.

The current approved marina/boatshed stands in part within the 6(a) zone and is considered to be an 'existing use' (in accordance with Part 5 of the Environmental Planning and Assessment Regulation 2000) as a marina is not a permissible use in that zone. The proposed restaurant is also located in part within the 6(a) zone, however, the restaurant use is permissible with consent in the 6(a) zone.

The approved marina/boatshed use (office and retail area) in the 6(a) zone, has been reduced in area by the introduction of the commercial kitchen and servery associated with the proposed restaurant use and the provision of toilet facilities for patrons. Accordingly, the 'existing use' will be substantially reduced.

The relevant objectives of the 6(a) Open Space and Recreation Zone are to restrict development for the purposes of leisure and recreation to that which promotes worthwhile community benefits, that does not reduce the amount and distribution of public open space below acceptable levels and standards which meet the needs of the community, and that does not have an unacceptable impact on the amenity of adjoining areas. The proposed development is considered to be consistent with the relevant objectives of the zone.

Clause 12 of GLLEP 1996 requires suitable water supply and facilities for the removal of sewage to be available to the site. The subject land is served by reticulated water and sewerage systems. MidCoast Water has indicated approval subject to conditions.

Clause 25 of GLLEP 1996 encourages the protection of the amenity and environment of foreshore areas and waterways. The proposed development is considered to be consistent with the objectives of the clause and is unlikely to adversely impact on existing water quality, the scenic value of the area, the amenity of the waterway through obstruction or restriction on navigation, the recreational activities of the area and the local habitat.


Clauses 25(5), (6) and (7) of GLLEP 1996 refer to matters relating to flood liable land. The subject waterfront site is exposed to potential flooding and the implications of climate change. The proposed development is considered to be satisfactory having regard to the provisions of these clauses given that the structural adequacy of the existing building has been certified by a practising structural engineer and that an evacuation management plan has been implemented, as a result of the conditions to DA 343/2012. Draft Local Environmental Plan 2012 (DLEP 2012) The publicly exhibited draft Plan is a matter for consideration in accordance with Section 79C of the Environmental Planning and Assessment Act 1979. The following consideration addresses the relevant provisions of the current draft Plan.

Part 1.2 -Aims of the Plan

The relevant aims of the Plan are to protect and enhance the environmental, scenic and landscaped assets of the area, to facilitate the orderly and sustainable economic development of land and to minimise land use conflict. The proposed development is considered to be consistent with these objectives.

Part 2 - Land use table

The site is currently identified in the draft Plan as being within an IN4 Working Waterfront Zone. Marinas, boat sheds and restaurant uses are permissible in the zone with development consent. The relevant objectives of the zone are to retain and encourage waterfront maritime activities, to ensure that development does not have an adverse impact on the environmental and visual qualities of the foreshore, to encourage employment opportunities and to minimise any adverse effect of development on land uses in other zones. The proposed development is considered to be consistent with these objectives.

Part 5 - Miscellaneous provisions

5.5 Development within the coastal zone - The relevant objectives of the clause are to provide for the protection of the coastal environment through promoting the principles of ecologically sustainable development, and to implement the principles of the NSW Coastal Policy (previous discussed in this report under the heading NSW Coastal Policy 1997). In forming an opinion in respect to the objectives, Council is required to consider the following relevant matters:

• Existing public access to and along the foreshore for pedestrians - The proposed development does not impede public access along the foreshore.

• The suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality - The proposed development is considered contextually satisfactory given the nature of the use and the visually exposed location of the site.

• The impact of the proposed development on the amenity of the coastal foreshore - The proposed development will not have an adverse impact on the amenity of the foreshore.

• Visual amenity and scenic qualities of the coast - The proposed development in the existing building will not detract from the visual amenity and scenic quality of the coastal locality.

• Cumulative impact - The proposed development does not set an undesirable precedent for further development in this coastal locality.

• Not to be significantly impacted by coastal hazards - The site is affected by flooding due to rising sea levels as a result of predications on climate change. This issue was satisfactorily addressed earlier under the heading Flood Prone Land Policy & Draft Policy concerning climate change impacts.

Accordingly, the proposed development is considered to be consistent with the objectives of Part 5.5.


Part 7 - Additional local provisions

7.4 Flood planning - The relevant objectives of this clause are to minimise the flood risk to life and property, to allow development on land that is compatible with the land's flood hazard, taking into account projected changes as a result of climate change and to avoid significant adverse impacts on flood behaviour and the environment. The site is currently flood prone and affected by current predictions for climate change. The issue of flooding has been addressed in this report under the earlier heading Flood Prone Land Policy & Draft Policy concerning climate change impacts.

7.10 Development on the foreshore must ensure access - The proposed development is considered satisfactory having regard to the relevant matters required to be considered under this clause (ie. maintaining public access along the foreshore, reinforcing the foreshore character and the potential impact on existing environmental conditions).

The proposal, subject to the recommended conditions, will not detract from the character of the existing foreshore or the general locality, nor will it undermine any of the social or economic values of the site or surrounding area. The proposal is considered to be consistent with the objectives of the relevant zone and will not have an unreasonable impact upon any neighbouring properties.

Accordingly, approval of the proposed development would not be contrary to the public interest. Coastal Protection Act 1979 (CPA 1979) The development is considered to be satisfactory having regard to the objects and special provisions of the Coastal Protection Act 1979. The proposed development does not detract from the environmental qualities of the coastal zone and does not affect or compromise the public's right of access along the foreshore.

State Environmental Planning Policy No.71 – Coastal Protection (SEPP71) The provisions of SEPP 71 apply to the proposed development as the land is located within the coastal zone and within a sensitive coastal location (being land within 100 metres above mean high water mark). Council is required to take into account, when assessing a proposed development to which the Policy applies, the relevant matters for consideration listed in clause 8 of the Policy, as tabulated below.

Clause 8 - Matters for Consideration Comments on Proposed Development (a) The aims of the Policy. The proposed development is consistent with the

relevant aims of the Policy that encourage protection and management of the economic attributes of the coast, protection of public access and visual amenity particularly having regard to the type, bulk, scale and size of the development.

(b)& (c) Existing and planned public access to and along the foreshore.

The proposed development does not adversely impact on existing or future planned public access along the foreshore (ref. DCP 17 - Little Street Forster - addressed later in this report) and will improve through the provision of ramp access for persons with a disability.

(d) The suitability of the development given its type, location and design and its relationship with the surrounding area.

The site and existing development are specifically identified in DCP 17 (see later heading for consideration) as being suitable for use as a restaurant.

(e) Any detrimental impact on the amenity of the public foreshore.

The proposed development does not compromise the amenity of the public foreshore.


Clause 8 - Matters for Consideration Comments on Proposed Development (f) The scenic qualities of the NSW coast

and means to protect and improve these qualities.

The proposed development does not detract from the scenic qualities of the foreshore.

(j) The likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards.

The existing building is affected by a potential flooding event and this is more likely as a result of predictions of sea level rise due to climate change. This issue is not considered to present an impediment to the development given that the structural adequacy of the existing building has been certified by a practising structural engineer and that an evacuation management plan has been implemented, as a result of the conditions to DA 343/2012.

(k) Measures to reduce the potential conflict between land-based and water-based coastal activities.

The proposed development enhances the relationship between land-based and water-based coastal activities.

(m) Likely impacts of development on the water quality of coastal water-bodies.

The proposed development does not impact on water quality and all waste is responsibly managed.

(p) (i) the cumulative impacts of the proposed development on the environment.

The proposed development is consistent with the planned outcome for the foreshore, as identified in DCP 17, and will not establish an undesirable precedent for further similar foreshore development in this locality.

The application was referred to NSW Planning & Infrastructure in accordance with clause 11 of the Plan for those works located within 100 metres below mean high water mark of the bay. The authority advised Council by letter received 20 April 2012 that the Director-General does not have any additional matters for Council to consider when determining this development application.

NSW Coastal Policy 1997 The development is considered to be satisfactory having regard to the goals and strategic actions of the Coastal Policy, and in its context does not detract from the environmental qualities of the coastal zone.

Development Control Plan No. 17 - Little Street Forster The aim of the Plan is to provide for the maximum enjoyment of the Little Street waterfront by visitors and residents whilst resolving conflicts between local traffic and through traffic, and between motor vehicles, pedestrians and cyclists and to provide for the needs of local residents, visitors and businesses. The Crown is responsible for those areas below mean high water mark and has passed care and control of Crown land above mean high water mark to Council who is responsible for traffic management, environmental planning and building matters. A Plan of Management prepared for the recreation reserve has been adopted by the Development Control Plan. Annexure C is a copy of the relevant Plan of Management for the subject section of Little Street.

In respect to development of land below high water mark, the existing development is in a 'commercial area' identified in the Plan suitable for marinas with ancillary uses that have for sale drinks, snacks, light meals, cold sea foods and pre-packaged confectionery. Furthermore, the Plan recognises the subject site as suitable for use as a restaurant if adequate parking can be provided and if neighbouring residential amenity can be retained.

Adequacy of parking - The Plan encourages, in respect of traffic and parking, the provision of convenient on-street parking for businesses, dwellings and recreation areas particularly in streets intersecting with Little Street. The site does not have off-street parking capability, however, as will be discussed under the following heading 'Parking Policy', the on-street parking capacity, within reasonable walking distance from the site, will adequately cater for the proposed use and existing uses in this locality.


Residential amenity - The proposed development does not adversely impact on the amenity of residential development in the locality subject to the conditions contained in this report's recommendation. Broad notification, in accordance with Council's Policy, of the previous development application for the subject use, resulted in no objections. Furthermore, the proposed use has been operated illegally for approximately two (2) years without formal complaint.

The Plan also requires that all proposed structures below high water mark shall be designed by a qualified engineer experienced in tidal marine structures. In this regard a Certificate of Structural Adequacy was submitted as a result of DA 343/2012 for the same proposal.

Accordingly, the proposed development is considered to be consistent with the aim and provisions of the Plan subject to the conditions included in this report's recommendation.

Parking Policy The objectives of the policy are to promote alternative and active transport for both commuting and recreational transport; to provide an adequate level of on-site parking based on anticipated occupancy rates and proximity to alternate and active transport, such as walking and bicycling; and to ensure that parking requirements are met without imposing an undue burden on developers or an additional liability on the present and future ratepayers.

The approved marina/boatshed (pre-restaurant) generated a demand under the Policy for 24 car spaces to be accommodated on site. The site does not have off-street car parking capability and therefore benefits from a credit of 24 car spaces. The development with proposed restaurant generates a demand under the Policy for 45 car spaces to be accommodated on site. However, allowing for a credit (ie. 24), in accordance with the Policy, the total deficiency would be 21 car spaces attributed to the proposed development. Furthermore, the RTA Guideline indicates that it is not advisable to assume 100% seat occupancy for a restaurant when assessing traffic generation and suggests based on survey evidence, the application of an 85% rule. Based on this rule the proposed restaurant would have an occupancy of 60 seats (85% x 70 seats) and this would generate, for the development with the proposed restaurant, a demand for 41 car spaces. Then, allowing for the credit of 24 car spaces, would reduce the deficiency to 17 spaces (ie. 41 minus 24). Either deficiency, together with the demand generated by the approved use, can be readily accommodated on the neighbouring streets within reasonable walking distance from the site (ie. existing 107 on-street car spaces within 150 metres from the site). Required bicycle parking can be readily provided on site and is addressed by a condition in this report's recommendation. The above analysis is addressed in the following table.

Existing development (without proposed restaurant)

Number spaces

required Retail area (ref. Policy) 1 space/24 m2 of GLFA

34.89 m2 of GLFA

1.45

Office area (ref. Policy) 1 space/40 m2 of GLFA

82.94 m2 of GLFA

2.07

Boat hire (ref. RTA guide) 0.6 spaces/wet berth 0.2 spaces/dry berth 0.2 spaces/swing mooring 0.5 spaces/employee

30 wet berths 0 0 4

18.0 0 0 2


Existing development (without proposed restaurant)

Number spaces

required Bicycle accommodation (ref. Policy) Retail/Office - class 2 enclosure1/500m2 GLFA - class 3 rail 1/500m2 GLFA

<500m2

<500m2

1 1

TOTAL CAR SPACES

(existing development without proposed restaurant)

23.52

(ie. 24)

Development (with proposed restaurant)

Restaurant 1 space/3 seats (ref. Policy & RTA guide) 85% occupancy rule (ref. RTA Guide)

70 seats 60 seats

23.3 20.0

Retail area (ref. Policy) 1 space/24 m2 of GLFA

22.16 m2 of

GLFA

0.92

Boat hire (ref. RTA guide) 0.6 spaces/wet berth 0.2 spaces/dry berth 0.2 spaces/swing mooring 0.5 spaces/employee

30 0 0 4

18.0 0 0 2

Bicycle accommodation (ref. Policy) Retail/Office - class2 enclosure1/500m2 GLFA - class 3 rail 1/500m2 GLFA Restaurant - class 2 enclosure - 1/200 seats - class 3 rail - 1/20 seats

<500m2

<500m2

70 seats 70 seats

1 1 1

3.5 (4.0)

TOTAL CAR SPACES (maximum)

(development with proposed restaurant)

TOTAL CAR SPACES based on 85% rule for proposed restaurant (maximum)

44.22

(ie. 45)

41.0

Less Credit for existing development

24

CAR PARKING SPACE DEFICIENCY GENERATED BY PROPOSED DEVELOPMENT

21

Legend: GLFA - Gross leasable floor area


The applicant's planning consultant points out that the restaurant has been operating for some time and there is no evidence to suggest that any unreasonable impacts are arising. Customers arrive by a variety of transport including boat, bicycle, walking and car. This has been demonstrated by the traffic survey that was conducted for the premises. A number of the customers are also likely to be customers of the boatshed use or people using the nearby parks, swimming enclosure or boat ramp/kayak launching area. The result is a small increase in actual parking demand, that to date has no appreciable impact on public parking availability in the area. Comment: It is intended that an 'on licence' will be sought for the sale of alcohol to patrons of the restaurant, and that live entertainment will be conducted on the premises. Both these features are likely to attract increased patronage, particularly during peak holiday periods at Christmas and Easter when weather conditions are more favourable. Whilst past performance is an indicator, it is not considered to be a determining factor as to the appropriateness of the proposed use. However, it is agreed that the existing locality has the on-street car parking capacity to accommodate the subject use for the site without significant impacts on parking availability for other neighbouring uses.

Accordingly, the proposed development is considered to be consistent with the objectives of the Policy and will not have a significant impact on the availability of on-street car parking in the locality. Flood Prone Land Policy & Draft Policy concerning climate change impacts The policy and draft policy seek to establish flood levels and resultant implications for proposed development as a result of current predictions of climate change. The subject waterfront site is exposed to potential flooding and the implications of climate change. The proposed development is considered to be satisfactory having regard to the objectives and provisions of the policy and draft policy subject to the implementation of the previously approved evacuation management plan. The issue is addressed in this report's recommendation.

Access for Disabled Persons - Existing Buildings - Policy The objective of this Policy is to establish a systematic, consistent approach to determine development applications involving buildings captured under the provisions of Clause 94 of the EPA Regulation 2000 in regard to the provision of access and facilities for disabled persons. The provisions of Clause 94 identify those buildings that are required to be upgraded to current building standards. The Policy is considered to apply to the proposed development and in accordance with the Policy, it is recommended that an appropriate condition of consent be included in this report's recommendation. Accordingly, subject to compliance with the relevant condition the proposed development is considered to be consistent with the objective of the Policy.

(b) The likely impacts of development including environmental impacts on both natural and built environments and social/economic impacts in the locality

Context and Setting The proposed development relates positively with the local context and maintains a reasonable relationship with the character and scale of neighbouring development, as viewed from the surrounding locality.

Site Design and Internal Layout The proposed development is considered to be a suitable use of the site and building.

Privacy The proposed development will maintain a reasonable privacy relationship with the neighbouring development subject to the recommended conditions that address potential noise and hours of use.

Access and Traffic Pedestrian access from the public road to the site is constrained by the condition and levels of the existing public reserve. The reserve is currently used for informal parking associated with the adjoining foreshore uses. Council has yet to carry out improvement works to this section of the Little Street public reserve that will enable both pedestrian access and servicing of the use on the site by a 'looped' access road. Access for persons with a disability across the public reserve to the building is currently unsatisfactory and will be required by a recommended condition to be addressed prior to the issue of a Construction Certificate. This will involve both the owner of that land (the Crown) and the Council (with care and control of the land) to engineer a satisfactory and complying outcome. DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 22 MAY 2014 Page 11

Council's professional staff support the proposed development in terms of perceived traffic issues. As discussed previously, the proposed use will not significantly increase traffic congestion in the locality at peak times.

Utilities Reticulated water, sewer, telephone and electricity are available to the site.

Flora and Fauna The proposed development raises no significant ecological issues.

Precedent and Cumulative Impacts The proposal, subject to the recommended conditions, does not set an undesirable precedent for future development in the locality having regard to the circumstances of this case. The proposal is considered to be consistent with both the existing and current future planning requirements for the area.

Section 94 Contributions The development generates a requirement for Section 94 contributions under Council's Great Lakes Wide 2006 (GLW 2006) and Forster District 2009 (FD 2009) Plans. In respect to GLW 2006 the contribution towards Council's Administrative Building is $40.88.

In relation to the calculation on the previous development application DA 343/2012 for Section 94 Major Road contributions, Council used published guidelines by the Roads & Maritime Services on typical traffic generation rates for restaurants. The applicant has submitted new traffic counts based on existing usage. Council accepts the approach of using traffic surveys over the published guidelines for the calculation of Section 94 Major Roads contributions.

The information supplied indicates that the existing use generates 16.8 vehicles per day to the restaurant. Council’s Section 94 Major Roads plan requires the consideration of the return trip for calculation purposes. Therefore each trip to the site has a return trip return trip, thus generating two trips. Given this, the number of one way trips needs to be doubled, which is 2 x 16.8 = 33.6 one way trips for Section 94 Major Roads purposes. The resultant monetary contribution is $17,863.10.

The required contributions are contained in a condition of this report's recommendation.

(c) The Suitability of Site for the Development The site is identified in DCP 17 - Little Street Foreshore, Forster as being suitable for use as a restaurant. The building has been readily adapted for the proposed use that has been conducted satisfactorily for over 12 months.

Adequate utility services are available for the use. The site is susceptible to a significant flooding event, and this issue was discussed under the earlier heading Flood Prone Land Policy & Draft Policy concerning climate change impacts and considered satisfactory.

Accordingly, the site is considered to be suitable for the proposed development.

(d) Any Submissions Made in Accordance with the Act or Regulations The application did not require notification to neighbouring property owners in accordance with Council’s Policy given that no submissions were received to the previous development application nor have any formal complaints been received regarding the past operation of the restaurant. The proposed development is not considered to unreasonably impact on the amenity of neighbouring residential properties.

The land owner is the Crown and consent to the lodgement of the development application has been obtained from the owner. In accordance with the requirements of the Crown the application was notified to that authority as an adjoining owner and no objection has been received.

The application was also notified to Planning and Infrastructure in accordance with the provisions of clause 11 of SEPP71 given that the use and works are within a distance of 100 metres below mean high water mark. The Director-General Planning and Infrastructure has advised that he does not wish to specify any matters, additional to those set out in clause 8 of the SEPP. Issues relating to SEPP71 were discussed under a previous heading State Environmental Planning Policy No.71 – Coastal Protection (SEPP71). DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 22 MAY 2014 Page 12

(e) The Public Interest Unauthorised use With the expiration of the previous development consent the continued use of the premises as a restaurant is without consent. No action has been taken to require the use to cease on the basis that the lessee co-operate with Council and lodge a fresh development application (ie. the subject development application). It should be noted that Council in determining the previous development application imposed a penalty of $750.00 on the lessee.

Accordingly, no further infringement has occurred to warrant a further penalty fine.

CONCLUSION: Development consent is sought for the illegal use of the premises as a restaurant and associated proposed building works. Consent can be issued only for the illegal use and the proposed building works.

The development has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979, and is considered to be a reasonable development suitable for the site and in the context of the locality. The use has been in operation for over two (2) years, in the absence of formal complaint and with verbal approval of Council on the understanding that the lessee co-operate with Council and lodge the required applications to Council. The previous development application (DA343/2012) for the subject use was approved by Council however the consent lapsed after twelve (12) months with the failure to comply with all the conditions of that consent. The lessee however did comply with a significant number of the consent conditions in particular conditions relating to public health and safety. The subject application is recommended for approval subject to conditions including a condition that the lessee has six (6) months in which to comply with the terms and conditions of the consent, thereby allowing continued use as a restaurant and completion of the building works within that period. It should be noted that the recommended conditions of development consent require compliance with relevant provisions of the Building Code of Australia and that the hours of operation and the maximum seating capacity for the use are reviewable. If the lessee fails to comply with the terms of the approval then Council will consider the issue of Orders under the provisions of Division 2A - Orders of the Environmental Planning & Assessment Act 1979, to cease the use of the premises as a café/restaurant.

RECOMMENDATION:

That Development Application DA297/2014 for the establishment of a café/restaurant use at Lot 437 DP257511, Lot 465 DP704867, Lot 468 DP720816, Lot 471 DP722563 and Lots 1 & 2 DP1076431, 73 Little Street, Forster be approved subject to the following conditions: The following conditions have been applied to ensure that the development complies with the provisions of the Environmental Planning and Assessment Act and Regulations and Policies of Council:

GENERAL CONDITIONS 1. Time limited consent

This consent is limited to six (6) months from the date this consent becomes operative unless the consent and its conditions are met, to the satisfaction of Council, within that period.

Reason: Public amenity and safety

2. Development in accordance with approved plans

The development must be implemented in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.


Plan type/Supporting Document Plan No. & version

Prepared by Dated

Floor plan 130288 - SO1 Wade Roberts 05/02/2014 Section & Elevations 130288 - SO2 Wade Roberts 05/02/2014 Forster Marina & The Colonel's Café Flood Evacuation Plan

n/a J Wilson Undated

The approved plans and supporting documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

Reason: Information and to ensure compliance.

3. Compliance with Building Code of Australia

All proposed building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

Reason: Prescribed condition under the Environmental Planning & Assessment Regulation 2000.

4. Adjustment to utility services

All adjustments to existing utility services made necessary by the development are to be undertaken at no cost to Council.

Reason: To ensure that the developer bears the cost for adjustments to existing utility services.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE The following conditions must be complied with prior to the issue of any Construction Certificate: 5. Structural certification – flood affected buildings

Prior to the issue of a construction certificate, engineering calculations and certification from a qualified structural engineer must be submitted to and approved by the certifying authority. The certificate must certify that the building and its structural components have been designed to withstand flood forces due to wind wave run-up, water pressure, associated debris and impact loading arising from the 1% annual exceedence probability (AEP) flood.

For the purpose of this assessment the 1% AEP flood level can be assumed to be RL 2.4m AHD with a velocity of 0.25m/s in a northerly direction.

As well the engineer is to assess the piers and surrounds adjacent to the Council stormwater outlet, where scour has been ongoing and the velocity of the stormwater is 1.3 m/s in a westerly direction.

Reason: To ensure the building is structurally adequate to withstand impacts from flooding in

accordance with Council and NSW Government Policy. 6. Flood planning level for new buildings

Prior to the issue of a construction certificate, plans and specification detailing the use of flood compatible materials and fixtures in non-habitable areas below the flood planning level must be submitted to and approved by the certifying authority. Details are to include electrical and mechanical materials and heating and air conditioning systems, equipment and installation constructed to suit where ever below the flood planning level.

The Flood Planning Level (FPL) for this development is R.L. 2.9 m A.H.D

Reason: To protect the building from flooding in accordance with Council and NSW

Government Policy.


7. Storage facilities above floor level

Prior to the issue of a construction certificate, plans and specifications detailing the provision of secure storage facilities for goods that are not flood compatible located within the development above the Flood Planning Level (FPL) must be submitted to and approved by the certifying authority. The nominated space may be used for purposes other than storage when flooding is not expected, provided the space is readily available and can be made secure during the period of flooding.

Reason: To provide safe storage space during a flood emergency.

8. MidCoast Water approval Prior to the issue of a construction certificate, a Certificate of compliance from MidCoast Water, stating that satisfactory arrangements have been made and all payments finalised for the provision of water supply and sewerage to the development, must be submitted to the certifying authority. Reason: To ensure suitable water and sewage disposal is provided to the development.

9. Access and facilities for people with disabilities

Prior to the issue of a construction certificate, plans and specifications detailing access to and within the development and facilities for persons with disabilities must be submitted to and approved by the certifying authority. The development must be in accordance with Australian Standard AS 1428.1 - Design for access and mobility and Part D3 of the Building Code of Australia.

Reason: To ensure the development provides equitable and dignified access and facilities for people with disabilities.

10. S94 contributions

Prior to the issue of a construction certificate, a monetary contribution must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act 1979. The services and facilities for which the contributions are levied and the respective amounts payable under each of the relevant plans are set out in the following table:

Code Contributions Plan

Facility quantity unit rate amount

GLW-07

Great Lakes Wide

Headquarters Building

$40,000 $1 non res @ $0.001 = $40.00

FD04 Forster District Major Roads Inner Zone

33.6 one way trips

@ $531.64 = $17,863.10

Total $17,903.10

Contribution rates are subject to indexation. The rates shown above are applicable until 30 June following the date of consent. Payment made after 30 June will be at the indexed rates applicable at that time.

The Contributions Plan and the Standard Schedule for Section 94 Plans may be viewed on Council’s web site or at Council’s offices at Breese Parade, Forster. Reason: Statutory requirement to be paid towards the provision or improvement of facilities

and services.

11. Bicycle Parking

Prior to the issue of a construction certificate, plans and specifications detailing bicycle parking for the development must be submitted to and approved by the certifying authority. The development must be provided with one class 2 bicycle enclosure suitable at least one (1) bicycle (a compound for use by staff) and four (4) class 3 bicycle rails (u-frame for use by visitors). The bicycle spaces must be designed and constructed in accordance with Australian Standard AS/NZS 2890.3: Parking facilities - Bicycle parking facilities.

Reason: To ensure suitable bicycle parking is provided within the development. DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 22 MAY 2014 Page 15

12. Fire Safety requirements

Prior to the issue of a construction certificate, details and specifications for the provision of fire extinguishers and kitchen fire blankets must be submitted to and approved by the certifying authority. In accordance with clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing building must be brought into compliance with the provisions of the Building Code of Australia, Part E - Services and Equipment.

Reason: Statutory requirement under the Environmental Planning and Assessment

Regulation 2000.

PRIOR TO THE COMMENCEMENT OF WORK The following conditions must be satisfied prior to the commencement of any building construction work:

13. Construction certificate required

Prior to the commencement of any building construction work, a construction certificate must be issued by a certifying authority.

Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 6591 7222.

Reason: Statutory requirement under the Environmental Planning and Assessment Act 1979.

14. Notification of commencement and appointment of principal certifying authority

Prior to the commencement of any building construction work, the person having the benefit of the development consent must appoint a principal certifying authority and give at least two (2) days' notice to Council, in writing, of the persons intention to commence construction work.


15. Site access

Public access to the site and building works, materials and equipment on the site is to be restricted, when building work is not in progress or the site is unoccupied. The public safety provisions must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

Reason: To ensure public health and safety during the construction of the development.

16. Pollution prevention sign

Council’s “PREVENT POLLUTION" sign must be erected and maintained in a prominent position at the frontage of the property so that it is clearly visible to the public for the duration of construction work.

Council’s PREVENT POLLUTION sign can be purchased at Council’s Customer Enquiry Counter at the Forster, Tea Gardens and Stroud administration buildings.

Reason: To increase industry and community awareness of developer's obligations to prevent pollution and to assist in ensuring compliance with the statutory provisions of the Protection of the Environment Operations Act 1997.

17. Site construction sign

Prior to the commencement of work, a sign or signs must be erected in a prominent position at the frontage to the site:

a) showing the name, address and telephone number of the principal certifying authority for the work, and


b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c) stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

Reason: Prescribed condition under the Environmental Planning and Assessment Regulation 2000.

CONDITIONS TO BE SATISFIED DURING DEVELOPMENT WORK The following conditions must be complied with during any development work:

18. Wiring in flood prone buildings

All proposed electrical installations for the development, shall comply with the requirements of the Essential Energy. Prior to the release of any occupation certificate, the applicant shall submit to Council documentary evidence from a licensed electrician indicating that the proposed electrical installations comply with this Authority’s requirements for developments in flood affected areas.

This must include all wiring, power outlets, switches, etc, are provided in accordance with the following requirements:

a) To the maximum extent possible, all wiring, power outlets, switches, etc, located above the flood planning level.

b) All electrical equipment installed below the flood planning level and suitable for continuous submergence in water (not contain fibrous components).

c) All electrical equipment installed below the flood planning level is capable of disconnection by a single plug and socket assembly.

d) Electrical circuits to areas below the flood planning level is separated from circuits serving areas above the flood planning level.

e) Only submersible-type splices are to be used below the flood planning level.

f) All conduits located below flood planning level are to be so installed that they will be self-draining when subjected to flooding.

g) All wiring is to be certified by a licensed electrical contractor as compliant with current electrical standards.

Reason: To maintain the safety of buildings and occupants during a flood event.

19. Heating and Air Conditioning systems in flood prone buildings

Heating and air conditioning systems shall, to the maximum extent possible, be installed in areas and spaces of the development above the Flood Planning Level (FPL). When this is not feasible every precaution shall be taken to minimise the damage caused by submersion according to the following guidelines:

a) Fuel - heating systems using gas or oil as a fuel shall have a manually operated valve located in the fuel supply line to enable fuel cut-off.

b) Installation - the heating equipment and fuel storage tanks shall be mounted on and securely anchored to a foundation pad of sufficient mass to overcome buoyancy and prevent movement that could damage the fuel supply line. All storage tanks shall be vented to an elevation of 600mm above the FPL.

c) Ducting - all ductwork located below the FPL shall be provided with openings for drainage and cleaning. Self-draining may be achieved by constructing the ductwork on a suitable grade. Where ductwork must pass through a water-tight wall or floor below the FPL, the ductwork shall be protected by a closure assembly operated from above the FPL.

Reason: To maintain the safety of buildings and occupants during a flood event.


20. Construction times

Construction and/or demolition works, including deliveries on or to the site must not unreasonably interfere with the amenity of the neighbourhood and must occur only in accordance with the following:

Monday to Friday, from 7.00 am to 6.00 pm.

Saturday, from 8.00 am to 1.00 pm.

No construction and/or demolition work, including deliveries are to take place on Sundays or Public Holidays.

Reason: To maintain amenity during construction of the development.

21. Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a suitable waste bin/enclosure. Building materials must be delivered directly onto the property. Footpaths, road reserves and public reserves must be maintained clear of rubbish, building materials and other items at all times.

Reason: To ensure that materials and waste do not adversely affect traffic or pedestrian safety and amenity.

22. Standards for demolition work

All demolition works must be undertaken in accordance with the provisions of Australian Standard AS 2601: The demolition of structures. Prior to demolition, all services must be disconnected and capped off.

Reason: To protect public health and safety.

23. Health standards concerning facilities and construction

a) A minimum of a single bowl sink and a commercial grade dishwasher or double bowl sink shall be provided and shall be connected to a continuous supply of hot and cold water. The pot size of the sink must be adequate in size to effectively clean and sanitise the largest item of equipment.

b) All cupboards, benches and shelving must be constructed of materials that are smooth, impervious to moisture and able to be easily cleaned. Note: Particular attention must be made to the underside of the benches to ensure that they are constructed so they are impervious and can be easily cleaned.

c) Ceiling, wall and floor finishes in the food premises shall comply with AS 4674-2004 Design, construction and fit-out of food premises.

d) Ceiling lights shall be either flush with the ceiling surface or designed free from any features (such as ledges) that would harbour dirt, dust or insects or make the fitting difficult to clean.

e) Coving must be provided at the intersection of floors with walls in the food premises in accordance with Australian Standard 4674-2004 Design, construction and fit out of food premises. Coving shall be integral to the surface finish of both floor and wall and installed in such a manner as to form a continuous uninterrupted surface.

f) Either a floor waste with a solids trap and stand alone tap or a cleaners sink (sluice sink) is to be provided. The sink is to be provided with an adequate supply of hot and cold water and is to be located away from the food preparation area.

Reason: To ensure satisfactory health standards.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE The following conditions must be satisfied prior to any occupation or use of the building:


24. Works to be completed

The restaurant and associated areas must not be occupied or used until a Food Notification is completed and submitted to Council and an interim occupation/final occupation certificate has been issued in respect of the building or part.

Reason: To ensure compliance with the development consent and statutory requirements.

25. MidCoast Water approval Prior to the issue of a final occupation certificate, a certificate of completion from MidCoast Water, stating that the provision of MidCoast Water services to the development have been finalised and all conditions of approval have been complied with.

Reason: To ensure suitable water and sewage disposal is provided to the development.

26. Mechanical ventilation system

A certificate from a mechanical ventilation engineer stating that the exhaust system complies with Australian/New Zealand Standard AS/NZS 1668.1 and Australian Standard AS 1668.2 must be provided to Council prior to the issuing of an Occupation Certificate.

Reason: To ensure that the mechanical ventilation system has been correctly installed and operates to required standards.

27. Lighting

Prior to the issue of an occupation certificate, lighting to illuminate the site entrance, the adjacent stairs and any walking areas to access/exit the site, shall be designed and installed in accordance with AS 1158 - 2005 and AS 4282-1997. Details prepared by an appropriately qualified person must be submitted and approved by Council and if required Essential Energy.

Reason: To ensure suitable lighting for patrons and staff to access and exit the development

28. Completion of Bicycle Parking

Prior to the issue of an occupation certificate, bicycle parking for the development must be constructed in accordance with the approval.

Reason: To ensure suitable bicycle parking is provided within the development.

29. Existing stairs on Public Reserve

Prior to the issue of an occupation certificate the lessee must, in respect to the existing stairs on the adjoining public reserve:

a) Provide documented evidence that appropriate public liability insurance ($20m) is held over the existing stairs on the public reserve that lead to the subject building;

b) Be a holder of a current licence from Council for the stairs that give access to the site and located within the adjacent foreshore reserve. Council's Property Officer should be contacted for the licence agreement.

Reason: To ensure compliance with Council’s requirements and to maintain public safety and amenity.

ONGOING USE The following conditions must be satisfied during the ongoing use of the development:

30. Hours of operation (reviewable condition) The approved hours of operation for the use of the development are restricted to the times and/or locations set out in the following table:

Location/Day Start Time Finish Time Restaurant/Daily 6.30 am 10.30 pm Deliveries/Monday to Saturday, inclusive 8.00 am 6.00 pm


In accordance with Section 80A (10B) of the Environmental Planning and Assessment Act 1979, this condition is a reviewable condition within twelve (12) months following the approved occupation and use of the building. Upon the condition being reviewed, the approved hours of operation may be varied in accordance with the recommendations of the review. The purpose of this reviewable condition is to enable the extended operating hours to be reviewed should complaints be received regarding noise or other disorderly or antisocial behaviour.

Reason: To protect the amenity of adjoining premises.

31. Seating capacity (reviewable condition) The restaurant is restricted to seventy (70) patrons at any time. In accordance with Clause 98D of the Environmental Planning and Assessment Regulation 2000, a sign must be displayed in a prominent position in the building stating the maximum number of persons that are permitted in the building.

In accordance with Section 80A (10B) of the Environmental Planning and Assessment Act 1979, this condition is a reviewable condition. Upon the condition being reviewed, the approved number of patrons may be varied in accordance with the recommendations of the review. The purpose of this condition is to enable the review of the approved number of patrons should complaints be received regarding noise or other disorderly or antisocial behaviour.

Reason: Statutory requirement and to protect the amenity of adjoining premises.

32. Noise

Noise associated with the premises including all associated mechanical plant and equipment must not be a source of “offensive noise” at the nearest affected premises:

"offensive noise" is defined under the Protection of the Environment Operations Act 1997 as noise:

a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances: i) is harmful to (or is likely to be harmful to) a person who is outside the premises from

which it is emitted, or ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort

or repose of a person who is outside the premises from which it is emitted, or b) that is of a level, nature, character or quality prescribed by the regulations or that is made

at a time, or in other circumstances, prescribed by the regulation. Recorded or live music associated with the premises must not be audible within any residential premises after 9.00pm Monday to Sunday (regardless if any door or window to that premises is open).

Reason: To maintain acoustic amenity to adjoining properties.

33. Odour Odour associated with the premises must not be a source of ‘offensive odour’ at the nearest affected premises:

“offensive odour” is defined under the Protection of the Environment Operations Act 1997 as an odour:

a) that, by reason of its strength, nature, duration, character or quality, or the time at which it is emitted, or any other circumstances: i) is harmful to (or is likely to be harmful to) a person who is outside the premises from

which it is emitted, or ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort

or repose of a person who is outside the premises from which it is emitted, or b) that is of a strength, nature, duration, character or quality prescribed by the regulations or

that is emitted at a time, or in other circumstances, prescribed by the regulations. Reason: To maintain the amenity of adjoining properties.


34. Ongoing maintenance of food premises

The food premises must at all times comply with the requirements of the Food Act 2003, the Food Standards Code and Australian Standard 4674 - 2004 Design, construction and fit-out of food premises.

Reason: To maintain public health and safety.

35. Flood evacuation plan

A copy of the approved flood evacuation plan must be laminated in clear plastic and displayed in a prominent location within the development (e.g. kitchen, office, public area). All staff should be informed of the plan's contents and the desired procedure in the case of an evacuation.

Reason: To reduce flood impacts.

36. Operational requirements for stair area

The lessee operating the restaurant/ boatshed area must undertake the following management functions:

1. The stairs that give pedestrian access to the development where located across the boatshed lease area (Lot 2 DP 1076431), and partly within the adjacent foreshore reserve shall:

i) maintain the stairs in a safe condition and in a structurally sound, free of obstacles, and aesthetically pleasing condition at all times,

ii) keep the stairs clean and free of spillages and food scraps. Provision must be made for suitable cleaning facilities to be conveniently located for use in the stair area,

iii) steam clean the pavement of the stairs when required to do so by the Authorised Council Officer.

2. Provide ongoing documented evidence that appropriate public liability insurance ($20m) is held over the stairs; and

3. Obtain the required licence from Council for the stairs and renew same annually. Council's Property Officer must be contacted for the required licence agreement.

Reason: To ensure compliance with Council’s requirements and to maintain public safety and amenity.

ADVISORY NOTES

a) The lessee is advised that should the existing jetty/wharf portion of the existing development be at any time altered, upgraded, renovated or reconstructed in the future, that it be constructed:-

• with flood compatible materials;

• be capable of withstanding the current projected 1 in 100 year flood forces, including moored boats, derbies and sea level rise to at least the year 2060. The jetty /wharf must not "break up" or be forced off its support moorings/piers.

Note that the applicant is to obtain the services of an appropriate experienced and qualified coastal engineer to design the structure jetty/ wharf and submit the proposal to Council for approval.

b) The lessee must maintain any revetment wall associated with the development.

c) Council may undertake reconstruction works within the adjacent foreshore reserve that may preclude vehicle access and the current informal parking within this area.


ANNEXURES:

A: Aerial view of locality with subject site identified.


B: Plans of the development.


C: DCP 17 - Little Street, Forster Foreshore Reserve Plan of Management & Development Control Plan - relevant extract.


2 PES - DA 506/2010 - Alterations & Additions - Newman Ave, Blueys Beach

Index: DA 506/2010 & PK 9197 Author: Senior Building Surveyor - Chad Vowles DCU Meeting: 22 May 2014

DETAILS:

Date Received: 10 May 2010

Applicant: Mr D Perks

Owner: Nategan Pty Ltd

Land: Lot 9 DP 21456, No 66 Newman Avenue Blueys Beach

Area: 543.8m2

Property Key: 9197

Zoning: At time of lodgement - Village 2, LEP 1996 Current - R2 Low Density Residential, LEP 2014

SUMMARY OF REPORT:

• The original application proposed significant alterations and additions to an existing dwelling at Newman Avenue Blueys Beach.

• Following assessment it was established that the site, existing dwelling and proposed addition would be affected by both the 2060 and 2100 Zone of Reduced Foundation Capacity (ZRFC).

• A report to Council's Development Control Unit resolved the following (in summary): That the application be deferred to permit further investigation of the site and provide

alternative options for development. That any approval for development in accordance with the plan would require the existing

dwelling and proposed additions are supported below the 2060 ZRFC. • A geotechnical assessment of the site was submitted to Council on 25 January 2012. • An amended plan was submitted on 23 October 2012. • Following notification, a submission in the form of objection was received on 8 November 2012. • During the Council assessment period, an additional submission of objection was received on 11

February 2014.

SUMMARY OF RECOMMENDATION:

• That the application is approved subject to conditions.

FINANCIAL/RESOURCE IMPLICATIONS:

A decision for approval subject to conditions or refusal may lead to an appeal to the Land and Environment Court with inherent cost implications.


POLICY IMPLICATIONS:

Nil. LEGAL IMPLICATIONS:

A decision for approval subject to conditions or refusal may lead to an appeal to the Land and Environment Court requiring legal representation. The proposal is similar to a recent development application for a property at 49 The Boulevard, Hawks Nest (Winda Woppa), which was granted consent by Council. Several conditions of the consent were subject to appeal in the Land and Environment Court (Newton and Anor V Great Lakes Council) challenging the time limited consent and requirement for specific structural engineering to account for sea-level rise conditions. The application currently before Council is similar in circumstance as the subject development site is existing and the proposal for dwelling additions is considered "infill development". Council is not recommending any 88B (restriction on title of property) or time limited consent conditions in this instance, however a condition of consent requiring specific foundation piering and design requirements similar to the development consent condition recently upheld in the Winda Woppa court appeal has been recommended based on current information Council has considered relating to coastal hazard erosion/recession. Council would be reliant on the current wording on the 149(2) Certificate for Blueys/Boomerang Beach to highlight the potential risk of future coastal hazard risks to the property to alert future potential purchasers of the land. LIST OF ANNEXURES:

Nil. LIST OF ATTACHMENTS:

A: Copy of report to Council's Development Control Unit meeting and Council's resolution 10 November 2011.

B: Copy of the geotechnical investigation of the site prepared by Regional geotechnical solutions. C: Site plan and elevations of the proposed development. Due to their large size, Attachments A, B & C have been circulated in hard copy to Councillors and Senior Staff only as a paper conservation measure. However, these Attachments are publicly available on Council's Website, copies are available at Council offices and copies are available on request.


SUBJECT SITE AND LOCALITY:


BACKGROUND: Development Application No 506/2010 was submitted to Council on 10 May 2010. The application proposed substantial structural alterations and major additions to an existing residence located approximately 4.1m from the eastern boundary of the allotment adjoining Blueys Beach Reserve. At that stage Council was in possession of a draft report, the Blueys/Boomerang Coastal Process and Hazard Definition Study. The study indicated that the 2060 hazard line for the property ran approximately along the eastern boundary of the property with the Zone of Reduced Foundation Capacity (ZRFC) estimated to extend westward on to the Newman Avenue nature strip. The Coastal Process and Hazard Definition study is the first step in a process of developing a Coastal Zone Management Plan in the area so that a strategic approach can be made to development affected by the coastal process. Without specific geological investigation it was estimated that piers to a depth of approximately 13.5m would be required to support the existing dwelling where significant structural alterations were to take place. A report was prepared for Council's Development Control Unit where the following was resolved: 1. It is recommended that Development Application No 506/2010 for the redevelopment of the

existing dwelling at Lot 9 DP 21465 No 66 Newman Avenue Blueys Beach is deferred for a period of 90 days to permit time for the applicant to obtain and provide a detailed geotechnical assessment of the site including the beach and dune to the east of the site and from that information locate the likely 2060 Hazard Line for coastal storm erosion taking into account predicted sea level rise. The geotechnical advice shall then be used by the applicant and his engineer to determine the likely 2060 Zone of Reduced Foundation Capacity and offer a method or series of alternative methods describing how the whole structure, including any part of the existing dwelling is to be supported below the Zone of Reduced Foundation Capacity 2060. Where that additional information is not provided within that period of time or that period of time has not been extended to allow for unforeseen circumstances that the Development Application is refused for a failure to provide information necessary to assess the implications of the likely Coastal Process, up until the year 2060, on the proposed re-development.

2. It is recommended that Council indicate to the owner of the property that redevelopment of the

site including the existing dwelling will require that the existing dwelling and all additions are supported below the Zone of Reduced Foundation Capacity 2060.

3. That any consent issued for redevelopment of the property will be time limited until 2060 and that

a positive covenant or other restriction to user will be required to be placed on the title of the property before a complete consent is issued.

A copy of a geotechnical assessment of the site, prepared by Regional Geotechnical Solutions was submitted to Council on 25 of January 2012. The purpose of the report was to:

• Assess geotechnical foundation conditions at the site, and using that information; • Make an assessment of the extent and location of zones of reduced foundation capacity in

relation to the existing dwelling and proposed extensions; • Make recommendations on design of foundations at the site based on the findings of the

investigation. Using the position of the Hazard Line established by the Worley Parsons Hazard Definition Study and information gained from site investigation the report established that the existing dwelling is located within a zone of slope adjustment associated with the 2060 Hazard Line. The western third of the proposed dwelling and the existing garage lie within the Zone of Reduced Foundation Capacity. The report estimated that the proposed additions would require piers approximately 7.0m deep along the eastern side reducing in depth progressively to the west and that the western end of the proposed addition would lie outside the Zone of Reduced Foundation Capacity. DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 22 MAY 2014 Page 30

Based on Council's earlier resolution and discussion regarding future development of the site the report explored three (3) options for support of the extension as follows:

1. Construct the extension with no structural connection to the existing dwelling. 2. Extensions involving structural modification to the existing building. 3. Demolish the existing building and construct a complete new development. On 23 October 2012 a submission including an amended Statement of Effects and amended plans, was received by Council indicating that the design of the amended plans was based on option 1 of the geotechnical report involving minor cosmetic changes to the existing dwelling and construction of an independent new structure on the western part of the site. Negotiations between Council and the Applicant over the past 17 months have been based on the premise that the amended plans and dwelling design submitted for Council's consideration were to be piered to ensure the design would take into account the recognised Zone of Reduced Foundation Capacity. A copy of the original report to Council's Development Control Unit 10 November 2011 is attached to this report as Attachment "A". A copy of the Geotechnical Assessment of the site is attached to this report as Attachment "B". The assessment of this development application has been made using the provisions of Great Lakes Local Environmental Plan 1996 and DCP No 39 Pacific Palms - Elizabeth Beach, Blueys Beach and Boomerang Beach. These documents were applicable at the time of lodgement for the development application, however, consideration has been given to the newly adopted LEP 2014 and DCP 2014 which were in draft form at the time of assessment.

PROPOSAL: The statement of effects supplied in support of the application makes the following points: The design for the amended plans provided have been based on Option 1 of the geotechnical report provided to Council dated January 5, 2012 as prepared by Regional Geotechnical Solutions and will involve minor cosmetic changes to the existing dwelling and construction of an independent new structure on the western part of the site. Cosmetic changes to the existing dwelling will involve some minor internal re-planning, bricking up some of the existing windows, replacement of salt damaged aluminium windows and rendering the existing brickwork. These works will however not require any major structural changes to the existing foundation, wall or roof system. The new independent structure will provide garaging at ground floor level and three bedrooms with ensuites at first floor level. The first floor works will also include a small plunge pool/spa pool and covered link back to the existing dwelling. The new structure will be piered/piled in accordance with the requirements outlined in the geotechnical report. The amended plans propose the following changes to the existing dwelling:

• Demolition of the existing metal garage located on the western side of the existing dwelling. • Altering the shape and position of parts of the eastern and western walls, reducing the internal

floor area of the dwelling to create larger outdoor living spaces on the eastern and western sides. • Changing the floor plan of the existing dwelling from three (3) bedrooms, bathroom, laundry,

kitchen and living room to laundry, one (1) bedroom and ensuite, kitchen and living space. • Provision of larger outdoor spaces, without increasing the footprint of the building. • Removing and bricking up a number of windows from the northern and southern elevations of the

building. • Rendering the external brick walls of the existing dwelling.


The addition proposed by the application is to be lightly connected to the existing dwelling by a covered open walkway approximately 3.0m in length. The part one and two storey addition is to be constructed on the front portion of the site, 6.2m from the western, Newman Avenue boundary. The lower storey is to contain three (3) garage spaces and the entry to the dwelling at RL 15.84 (garage consists of space to provide stack parking for two (2) vehicles and another single space). The top floor level of the addition is to be approximately at RL 18.54 and is to contain three (3) bedrooms each with ensuite and an outdoor/indoor spa pool. External surfaces are a combination of materials including rendered brick and blockwork, sandstone cladding, a propriety lightweight cladding with a colourbond roof. Side boundary setback of the addition complies with the requirements of the Building Code of Australia and the requirements of DCP No 39.

SITE DESCRIPTION: The site is rectangular in shape, having a 12.81m frontage to Newman Avenue in the west and to Blueys Beach in the east. The allotment has a depth of 42.67m. Existing on site is a partly elevated brick cavity and brick veneer dwelling with a flat metal roof. Attached to the rear of the dwelling is a metal garage structure. The site slopes approximately 3.5m from the highpoint along the eastern boundary to the low side along Newman Avenue.

REPORT:

The following matters listed under Section 79C of the Environmental Planning and Assessment Act, 1979, are relevant in considering this application: The provisions of any environmental planning instrument; any draft environmental planning instrument that is or was on public exhibition and which have been notified to the consent authority; any DCP; any matters prescribed by the regulations, any coastal zone management plan that apply to the development application on the subject land. Great Lakes Local Environmental Plan 1996 (GLLEP 1996) The land is zoned 2 Village. Proposed development is considered to be of small scale, compatible with surrounding development and therefore consistent with the village zone objective. State Environmental Planning Policy No 71. SEPP 71 applies to all land within the Coastal Zone as defined by the Coastal Protection Act. As this land is situated within 1 kilometre of the coast the SEPP applies to the subject site to the extent of requiring Council to consider the matters listed within Clause 8 of the Policy. The matters listed for consideration under Clause 8 of the SEPP have been examined with the following matter considered to be most relevant in this instance. "The likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards". The previous report to Council reviewed the development application and concluded that the proposal was not exempt development and required significant structural re-organisation of load points to provide a new roof. It was considered that the old and proposed structures may be structurally interdependent. As a result the following resolution was adopted by Council:


1. It is recommended that Development Application No 506/2010 for the redevelopment of the existing dwelling at Lot 9 DP 21465 No 66 Newman Avenue Blueys Beach is deferred for a period of 90 days to permit time for the applicant to obtain and provide a detailed geotechnical assessment of the site including the beach and dune to the east of the site and from that information locate the likely 2060 Hazard Line for coastal storm erosion taking into account predicted sea level rise. The geotechnical advice shall then be used by the applicant and his engineer to determine the likely 2060 Zone of Reduced Foundation Capacity and offer a method or series of alternative methods describing how the whole structure, including any part of the existing dwelling is to be supported below the Zone of Reduced Foundation Capacity 2060. Where that additional information is not provided within that period of time or that period of time has not been extended to allow for unforeseen circumstances that the Development Application is refused for a failure to provide information necessary to assess the implications of the likely Coastal Process, up until the year 2060, on the proposed re-development.

2. It is recommended that Council indicate to the owner of the property that redevelopment of the

site including the existing dwelling will require that the existing dwelling and all additions are supported below the Zone of Reduced Foundation Capacity 2060.

3. That any consent issued for redevelopment of the property will be time limited until 2060 and that

a positive covenant or other restriction to user will be required to be placed on the title of the property before a complete consent is issued.

A detailed geotechnical investigation of the site has now been completed and has found that the site is underlain by a profile of sand with a layer of indurated sand at depth. Using the 2060 Coastal Hazard Line determined by the Worley Parsons report it was determined that the existing dwelling was substantially located within the zone of slope adjustment and that the proposed addition would be located within the Zone of Reduced Foundation Capacity. SEPP 71 requires Council to consider the likely impact of coastal process and hazard in regard to an application. Guidance, in that regard, is provided by a booklet prepared by the NSW Department of Planning titled "NSW Coastal Planning Guideline: Adapting to Sea Level Rise". On 22 October 2012 the Liberal National Party government enacted the Coastal Protection Amendment Act 2012 which inter alia revoked the requirement for Council's to consider uniform state sea level rise benchmarks in assessing coastal developments. Great Lakes Council, along with most other coastal councils, has resolved to continue to apply previous benchmarks until advised by CSIRO of the valid need for revision. As such Great Lakes Council maintains previous state-wide benchmarks as its adopted benchmarks. In this respect the document “NSW Coastal Planning Guideline: Adapting to Sea Level Rise” continues as an operating policy of Council. The aim of the guideline is to promote ecologically sustainable development and in particular to encourage a precautionary approach to land use planning and development assessment in light of potential sea level rise impacts in coastal areas. The guideline adopts a risk-based approach to development assessment. The guideline adopts six (6) coastal planning principals to be used in the decision making process as follows:

• Principal 1 - Assess and evaluate coastal risks taking into account the NSW sea level rise planning benchmarks.

• Principal 2 - Advise the public of coastal risks to ensure that informed land use planning and development decision-making can occur.

• Principal 3 - Avoid intensifying land use in coastal risk areas through appropriate strategic and land use planning.

• Principal 4 - Consider options to reduce land use intensity in coastal risk areas where feasible. • Principal 5 - Minimise the exposure of development to coastal risks. • Principal 6 - implement appropriate management responses and adaptation strategies, with

consideration for the environmental, social and economic impacts of each option. DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 22 MAY 2014 Page 33

Principals 1 to 4 have been undertaken in the manner set out below or are considered to be less relevant to a decision regarding the current application.

• Evaluation of coastal risks has been completed by the Coastal Processes and Hazard Definition Study.

• The study has since been placed on public exhibition and adopted by Council. • Land use will not change, the land is zoned Village 2 under Great Lakes LEP 1996. The building

is used as a single dwelling. Principals 5 (Minimise the exposure of development to coastal risks) and 6 (implement appropriate management responses and adaptation strategies, with consideration for the environmental, social and economic impacts of each option) are thought to be the areas that need to be considered in detail. These matters are explored in more detail in Section 4 of the guideline. Section 4 sets out 8 planning criteria for proposed development in coastal risk areas as follows:

• Avoid or minimise exposure to immediate coastal risks. • Provide for the safety of residents, workers or other occupants on-site from the risks associated

with coastal processes. • Do not adversely affect the safety of the public off-site from a change in coastal risk as a result of

the development. • Do not increase coastal risk to properties adjoining or within the locality of the site. • Ensure infrastructure, services and utilities on-site maintain their function and achieve their

intended design performance. • Accommodate natural coastal process. • Protect coastal ecosystems from development impacts. • Maintain existing public beach, foreshore or waterfront access and amenity. Redevelopment of the site is considered to be infill development that is, development located within an approved subdivision. The nominal design life of a residential development is 50 years based on design principles found in AS 2870- Residential Slabs and Footings Construction. As such the minimum standards with which the development must comply are hazards associated with the 2060 sea level rise benchmark. In this case these are the 2060 hazard lines (slope adjustment & zone of reduced foundation capacity). This is consistent with Council’s operational policy of 2008, “Impacts of Sea Level Rise on Development”. The Coastal Hazard Definition Study together with the geotechnical investigation indicates that the development is outside the defined erosion hazard line however, due to the nature of the sand profile beneath the site, the existing building and potentially the proposed building area may be within a zone of reduced foundation capacity (ZRFC) associated with erosion and scour zone, which would reduce vertical foundation capacity and potentially induce lateral loading on structural foundations. The applicant has advised Council that the proposal is based on Option 1 of the geotechnical investigation and describes minor, cosmetic changes to the existing dwelling and construction of a new independent addition on the western side of the site. While it is considered that the changes proposed to the existing dwelling and described by the plan submitted in support of the application could not be described as minor cosmetic changes, it is considered that they would fall within the description of "minor development" which is described by the guideline as: • Internal fitouts, minor alterations, additions or extensions to existing buildings or structures that

are landward of the seaward alignment of the existing buildings or structures.


The proposed alteration to the existing dwelling includes the following work:

• Demolition of the existing metal garage located on the western side of the existing dwelling. • Altering the shape and position of parts of the eastern and western walls, reducing the internal

floor area of the dwelling to create larger outdoor living spaces on the eastern and western sides. • Changing the floor plan of the existing dwelling from three bedrooms, bathroom, laundry, kitchen

and living room to laundry, one bedroom and ensuite, kitchen and living space. • Provision of larger outdoor spaces by relocating the external walls. • Removing and bricking up a number of windows from the northern and southern elevations of the

building. • Replacing existing windows. • Rendering the external brick walls of the existing dwelling. The work is considered to be of a nature that fits the definition of a minor work under the guideline. The following points are made in that regard:

• Even though portions of the roof of the existing structure would need to be structurally re-supported, development takes place within the footprint of the existing dwelling.

• There is a reduction in the internal living space of the dwelling. • The relatively minor works proposed to the existing dwelling are not considered to be of a nature

that would extend the design life of the building they simply give the building a modern appearance and relate better to indoor outdoor living.

• The existing and new development can be made structurally independent. Local Environmental Plan 2014 LEP 2014 changes the zoning of the land to RU5 Village. It is considered that the development proposed by the application will comply with the objectives of the zone. NSW Coastal Policy 1997 The 1997 NSW Coastal Policy is a Government Policy, which is a prescribed matter pursuant to Section 79C of the Environmental Planning and Assessment Act 1979. This requires Council to consider the relevant objectives and strategic actions of the policy when assessing development applications. The relevant strategic action in this instance is the impact of sea level rise on the premises. As noted above Council, in partnership with NSW Office of Environment and Heritage (OEH), resolved to prepare a comprehensive Coastal Zone Management Plan (CZMP) for Boomerang and Bluey’s Beaches. The need for the report was evident given that the most recent information available to Council was completed in 1985 and this advice makes no allowances for projected climate change or the resultant rise in mean sea level. The Boomerang Blueys Coastal Processes and Hazard Definition Study is the start of that process. The study contains the most up to date information available in terms of sea level rise, coastal erosion and recession. This matter has been discussed below the heading SEPP No 71. Coastal Design Guidelines for NSW Pacific Palms can be classified as a Coastal Village under the NSW Coastal Design Guidelines. It is considered that proposed minor alteration and addition will not impact significantly on neighbouring properties, the existing streetscape or the visual character of Blueys Beach village. Development Control Plan No 39. The proposed alteration and addition has been assessed against the heads of consideration within DCP No 39 with the following points raised:


Environmental Hazards: The matter of sea level rise and the impact on the footing of the existing dwelling and also on the proposed new building works has been discussed in detail below the heading of SEPP No 71. Density and Subdivision: The existing allotment does not have the minimum width currently required for subdivision. The required minimum width of an allotment under the DCP is 15.0m. The dwelling is rectangular in shape and has a consistent width of 12.81m. Building Setbacks: A number of building setbacks apart from those required by the DCP are relevant, as follows:

(i) Council Policy (Foreshores of Boomerang and Blueys Beaches) requires that dwellings erected on the first row of lots adjacent to Boomerang Beach and Blueys Beach shall be located at a minimum 15m setback from the eastern boundary. The original dwelling was erected prior to Council policy.

(ii) Building Line of a minimum 4.5m setback was required from the beach reserve by Council Policy prior to the introduction of the “Foreshores of Boomerang and Blueys Beaches” policy. The building was erected at an early stage and does not comply with that minimum requirement.

The objective of the DCP is to provide space between buildings to maintain streetscape character and provide for air flow, sunlight, landscaping and general amenity. The control requires a 1.5m minimum setback to all walls of the dwelling.

The existing dwelling has a minimum setback of 0.695m along the southern boundary and a minimum 0.99m along the northern side. The dwelling lies with an unusual angle to the side boundary and will not comply with the requirements of the current DCP. The additions to the building comply with the setback provisions of the DCP. It is noted that the proposed building design is to retain or replace windows in the wall only 0.695m from the southern boundary. The fire safety provisions of the Building Code of Australia require that a wall or windows within a wall within 0.9m of a side boundary are protected in some manner. The Environmental Planning and Assessment Regulation 2000, Clause 94 requires Council to consider upgrading buildings as they are renovated/altered to meet minimum standards particularly in regard to fire safety. This matter has been discussed with the applicant and a condition of consent will require that the wall of the building including the windows be bought in to conformity with the requirements of the Building Code of Australia. The applicant has indicated that he will recess the windows to achieve compliance with the building Code. Council Policy Council Policy in regard to a 15m setback from the eastern boundary of the property remains intact. However, it is considered that the more up to date information, regarding coastal process and sea level rise, contained within the Boomerang Blueys Coastal Processes and Hazard Definition Study should be considered as more reliable and used in the assessment of this application.

The likely impacts of development including environmental impacts on both natural and built environments and social/economic impacts in the locality

Context and Setting The proposed alteration and addition is considered to fit comfortably into the existing streetscape along Newman Avenue.

Site Design and Internal Layout The site design and internal layout of the proposed dwelling is considered to be reasonable and without significant impact on adjoining premises.

Views View and outlook from this property or those properties adjoining is not considered to be adversely affected by the proposal.


Privacy (Aural and Visual) A submission has been received in regard to the proposed dwelling additions. The objection relates to windows located within the southern wall of the dwelling to the north and contends that the occupants of the existing dwelling on Lot 10 will be impacted both aurally and visually by the proposed development as a result of the position of the proposed swimming pool and an outdoor living space provided to the dwelling additions. These two areas will be dealt with separately. Privacy is a matter for careful consideration under DCP No 39 and also a head of consideration under S79C(1) of the Environmental Planning and Assessment Act, Matters for consideration-general. DCP No 39 - Pacific Palms (which includes Blueys Beach). The purpose of the DCP is to promote development that contributes to the vision and future desired character of Pacific Palms. The DCP includes the site and building controls to maintain the high level of amenity enjoyed in Pacific Palms and to protect the inherent natural beauty of the locality. The DCP provides controls for buildings, structures and subdivisions. The DCP sets out an "Objective" and a set of performance "Controls" for the various elements contained within the DCP. The DCP allows some flexibility in the application of the controls where strict compliance is unreasonable or unnecessary having regard to the objective and the circumstance of the case. Any proposal seeking a departure from the performance controls must achieve the stated objective of that part. A satisfactory site analysis was submitted with the development application in the form of a detailed survey of the site including relevant elements of buildings located on the allotment and on adjoining allotments. The position and level to the top of each window on the adjoining allotment was described on the survey plan. By scale, the existing dwelling on the adjoining allotment (objector) stands 0.9m from the common boundary with levels of RL 19.120 and RL 21.77 for the two habitable floor levels. The first objection to the proposed development relates to a reduction of the privacy, visual and aural to a bedroom (bedroom No 4) within the adjoining, existing dwelling. The bedroom contains two (2) windows, one (1) on the southern wall and the second window facing toward the road on the western side of the bedroom. The window on the southern side of the existing dwelling is a louvered glass window approximately 0.9m wide and 2.0m high and extends from floor level of the bedroom. The second window is located within the west facing bedroom wall with its face at right angles to the common boundary. This window is approximately 0.6m wide, the same height and begins approximately at floor level. Additional highlight glazing (approximately 1.8 above floor level) extends from this louvered window in a northerly direction away from the boundary. There is also a second window, approximately 0.6m to the east of the south facing window within the bedroom however this window is to a laundry. The window is approximately 0.6m wide and 2.0m high. The plunge/spa pool has dimensions of approximately 3.2m long by 2.2m wide. No depth has been provided. The pool is to be constructed at deck level, RL 18.44, and plans propose that the northern extremity of the deck containing the pool is to be constructed of selected sandstone cladding to a height of 1.5m above the deck level. This cladding extends 1.7m beyond the pool in an eastern direction. The closest window within the adjoining dwelling is located within a western facing wall and is approximately 2.8m from the wall surrounding the pool wall. The bottom of both windows serving the bedroom is approximately 0.680m above the deck level containing the spa. The objective of the DCP is to protect the amenity of residents within new and existing buildings. Relevant controls are: • Where windows or balconies are within 0.9m of windows or balconies of other dwellings, some

form of screening or reduction in window area should be provided to ensure visual privacy.


In terms of visual privacy it could be argued that the bedroom window is more likely to reduce the privacy to the pool area as the bedroom is elevated above the pool area and in that regard the applicant has provided a privacy wall 1.5m above the level of the pool. Following discussion with the applicant it has been agreed that the screening be raised to a height of 1.8m. The subject allotment is of limited width at 12.81m. A setback of approximately 1.6m to the face of the wall surrounding the pool is considered to be a reasonable setback under those circumstances particularly where the applicant is looking to take advantage of northern sunlight. A screen to a height of 1.5m was proposed by the applicant. It has been agreed that this wall be increased in height to 1.8m above the level of the pool and it is considered that the application will comply with both the control and objective of the DCP. In regard to aural privacy, it is noted that this is a private property and a single dwelling. The pool is of small scale and it is considered that the private use of the pool would not create a significant noise impact. Pool filtering equipment must not create a noise nuisance to adjoining properties and a condition of consent will require that any noise from the pool filtering equipment is attenuated to an acceptable level. The second part of the submission is in regard to a reduction in privacy from the outdoor living space situated on the western side of the existing dwelling (subject lot). This space already exists and it is proposed to be extended by moving the current western wall of the existing dwelling to the east, utilising a part of the existing habitable floor, to create a more useable indoor outdoor space. Areas such as this are often provided as an escape out of the north easterly winds common during the summer months and the southerly winds during winter. The space is approximately 3.750m wide and 6.0m in length across the site. An existing stair is located at its northern extremity and a store is to be provided between the existing stair and the new west facing external wall of the dwelling. A window within that portion of the existing external wall (conversion to a store) is to be bricked up. The living areas of the adjacent dwelling (Lot 10) are screened from this outdoor area with the only possible exception of an acute angle through the 1.0m wide bedroom window located, at the closest point, approximately 6.0m from the open spaces. The centre of this outdoor space is approximately 9.0m from the window and again view of that window is at an acute angle less than 50º to the face of the window. It is considered that the amenity provided to the adjoining property as a result of changes to the existing outdoor area to the north is reasonable and that the proposed alteration and addition complies with the objective of the privacy provisions of DCP No 39. Similar to the western side of the existing dwelling, the indoor outdoor space on the eastern side of the dwelling is being slightly extended. Again other than an increase in the size of the space the impact of this change on the existing dwelling to the north is considered to be minimal. The proposed change to the existing dwelling is again considered to be compliant with the objective of DCP No 39. Overshadowing Overshadowing of the adjoining premises to the south will increase as a result of the proposed development. Given the orientation of the allotment, the minimal width of the allotment and the proposed developments compliance in terms of the context of building along the eastern side of Newman Avenue additional overshadowing is not considered to be unreasonable. Visual Impact The proposed development is not considered to be visually intrusive on the natural features of the locality or on the existing built environment. Access, Transport and Traffic The application was referred to Council's Transport Assets Section who have indicated that the proposed driveway may be steeper than permitted by Council's steep driveway design. It appears that the garage may be approximately 0.3m higher than permitted by the guideline. The matter can easily be resolved by increasing the depth of excavation slightly (0.3m) and lower the garage floor


level and change the shape of the driveway so that it is at a slightly higher level. A condition of consent will require that a separate application be submitted for approval to construct the driveway over Council's road reserve and that the driveway be constructed in accordance with the steep driveway level. A concession will be made within the condition to permit the reduction in level of the garage floor to accommodate this change as it is considered that an increase in the height of the elevation presented to Newman Avenue would not be adversely affected by a minor increase in the height of that elevation presented to the street and that the minor increase in the depth of the garage will have only a minor and acceptable impact on streetscape.

Utilities Utilities including water, sewer, electricity and telephone are available to the site.

Soils Geotechnical information has been provided with the amended development application.

Climate Change The likely impact of climate change and therefore sea level rise has been discussed in detail within the body of this report. Other impacts are likely to be an increase in the intensity and frequency of storm events. Building construction will have to comply with standards that are suitable for the conditions of this site. A condition of consent requiring the footings of the dwelling addition to be piered below the 2060 Zone of Reduced Foundation Capacity (ZRFC) will align the development consent with the principles of climate change by ensuring a minimum 50 year design lifespan for the dwelling additions as required by Australian Standard AS2870: Residential Slabs and Footings Construction.

The proposed dwelling additions are located to the west of existing dwelling on site, effectively behind the dwelling further from the coastal hazard line and the ocean. In the event of coastal recession impacting the property, the existing dwelling structure would be impacted upon first. Council is not legally able to impose development consent conditions on the existing dwelling structure as the proposed works are of such minor nature and the dwelling has a valid existing approval. In this instance, it was not deemed appropriate that a time limited consent condition requiring the removal or demolition of the proposed dwelling additions be placed on any development consent. The exiting dwelling on site (and surrounding dwellings) are not burdened with a similar condition, and in the event that the property is not affected by coastal erosion in time the additions would still require removal or a modification of consent.

Similarly, an event based consent condition (triggered by erosion of the sand dune system or large storm event) was not deemed appropriate. If such an event were to occur, the existing dwelling on site would be affected firstly, giving amply warming for the occupants to cease use of the rear dwelling additions (an independent structure) and assess requirements for site stabilisation or removal/demolition of the independent additions portion of the dwelling.

In the event that the property was impacted or likely to be impacted by coastal erosion causing concern of building collapse or unsafe conditions for the dwelling occupants or the general public, Council retains the powers under the Local Government Act to issue emergency orders to cease use of the premises, remove or demolish the structure and ensure access the site is suitably restricted.

Cumulative Impacts The majority of the properties along the eastern side of Newman Avenue and many along the eastern side of Boomerang Drive and Coast Avenue, Boomerang Beach may be affected by the findings of the Coastal Processes and Hazard Definition Study. Decisions made in regard to early applications such as this one, prior to Council developing a Coastline Risk Management Plan for Boomerang and Blueys Beaches, may create a precedent.

The Suitability of Site for the Development The Boomerang, Blueys Coastal Processes and Hazard Definition Study indicate that there are significant constraints to redevelopment of this site, however following investigation it is considered that it is reasonable to permit minor work to the existing dwelling and permit additions that are supported below the 2060 Zone of Reduced Foundation Capacity.


Any Submissions Made in Accordance with the Act or Regulations The application was notified to adjoining owners in accordance with Council’s Policy with one (1) submission in the form of an objection being received. The submission is comprehensive containing 8 pages. A précis of the submission has been prepared in order to clarify the basis for the objection:

• The submission was written by a planning consultant on behalf of the owner of an adjoining property.

• Objection on the basis that the development will cause an unreasonable loss of visual and aural privacy.

• Provides a site description of the development site and provides a description of his clients site and indicates that the dwelling on the adjoining property includes a series of window openings along the south-western elevation oriented toward the common boundary. The submission explains that the windows at the lower level service the main living room, a bathroom laundry and bedroom. At the higher level there are two (2) windows servicing the master bedroom. The submission indicates that the windows are setback approximately 0.75m from the common boundary. (The windows are in fact 0.9m from the common boundary as required by the building code).

The submission: • Includes a background outlining the history of the current application. • Indicates that the application has been deferred for a substantial period longer than 90 days and

stated that the changes have compromised the simplicity of the design indicating that the building is now separated into two (2) separate buildings connected by a covered walkway.

• Indicates that changes to the plan have partially reoriented the dwelling towards the side boundary and indicates that the development includes an additional outdoor living area within the setback to the side boundary.

• Indicates that the swimming pool is setback 1.5m from the side boundary and is to be elevated 1.44m above natural ground line.

• Indicates that the swimming pool is to be located in very close proximity to two (2) windows servicing a bedroom with the total separation distance approximately 2.25m - 2.5m.

• Indicates that the proposed outdoor living area is setback 1.11m from the side boundary and is elevated 0.840m from the natural ground level and is in very close proximity to a window servicing the main living area at ground level and another window at first floor level servicing a bedroom.

• Indicates that no new fencing is proposed by the application and that the existing fencing is approximately 1.6m above ground level.

• Indicates that the windows of the adjacent building are above the height of fencing dividing the properties and the swimming pool and outdoor living spaces are elevated by 0.84m - 1.44m above ground level and states that there will be direct and proximate overlooking between the swimming pool and outdoor living area and the neighbouring properties window openings.

The submission discusses the planning controls, the aims of DCP No 39 and points out that DCP No 39 provides a series of objectives and controls.

The submission continues providing excerpts of various court rulings that may be read within Attachment "A" to this report.

The submission: • Reproduces the objective and the relevant controls of DCP No 39 and extends the commentary to

DCP No 30 (DCP No 30 was never relevant to single dwelling houses). • Notes that privacy is a key consideration in at the site analysis stage requiring consideration of

surrounding development. • Defines habitable rooms. • Discusses a privacy sensitive zone. • In terms of privacy discusses active recreation areas being separated from bedroom areas of

dwellings. DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 22 MAY 2014 Page 40

The submission is then summarised by: • The DCP's clearly and unambiguously describe the importance of identifying potential visual and

acoustic conflict at an early stage and include measures to deal with that conflict. • The provisions of the DCP's must be considered as a fundamental element in, or a focal point in

the decision-making process and visual and acoustic privacy must be given significant weight. • The provisions of the DCP's are neither unusual or onerous and stem from the Australian Model

Code for Residential Development (AMCORD). • Element 5.5 of Australian Model Code for Residential Development states that "there is a need to

give significant consideration to privacy measures (both visual and acoustic), as adequate privacy has an important bearing on resident's satisfaction with a dwelling and on the attitudes of neighbours of the proposed development".

• Australian Model Code for Residential Development recognises that "planning for privacy begins at the site planning stage" and "continues in the detailed building design stage, with selection of materials and construction techniques to maximise privacy levels". Privacy can be achieved by a layout that avoids overlooking, screening, and separation or remoteness.

• Finally, Australian Model Code for Residential Development reflects the provisions of DCP No 30.

The submission provides a basis for objection in the following manner:

• The design appears to have been substantially dictated by the objective of avoiding the requirement to support both "the existing dwelling and all additions" below the Zone of Reduced Foundation Capacity 2060.

• Unfortunately the objective has separated the floor space into two (2) separate buildings and partially reoriented the dwelling toward the side boundary. The proposed swimming pool and the additional outdoor living area have effectively been positioned within the setback to the side boundary.

• The proposed swimming pool is setback 1.5m from the boundary and elevated above existing ground level by 1.44m. The swimming pool is located within 2.25 - 2.5m of two (2) windows servicing a bedroom. The existing boundary fence is not high enough to prevent overlooking.

• The outdoor living area is setback 1.11m from the boundary and elevated above the existing ground level by 0.840m. The outdoor living area is located within 1.86m of a window servicing the main living room at ground floor level and a window servicing a bedroom at the first floor level. The existing boundary fence is not high enough to prevent overlooking.

• The location of an elevated swimming pool (and its associated equipment) and outdoor living area within the immediate vicinity of my client's bedroom and living room windows will not maintain acoustic privacy of my clients property.

• The proposed development involves substantial non-compliances with the objectives and controls of the relevant DCP's in terms of site planning, physical separation, and screening or landscaping, all of which contribute to significant visual and acoustic privacy impacts.

• Refer to Comments made to the effect that potential noise impacts are essentially for the police, and that privacy screens are not necessarily an effective ameliorative measure. I am compelled to disagree and respectively draw your attention to the relevant provisions of the DCP's.

• Ask that careful consideration be given to my clients legitimate concerns and base that consideration on the provisions of the DCP's.

It is considered that the points raised within the submission have been addressed adequately below the heading "Privacy (Aural and Visual)" above in this report. I note also that many of the references made to privacy and Council's DCP within the submission originate from DCP No 30 (Residential Development in Urban Areas) which deals with a wide variety of much more intensive urban development including villas, townhouses, cluster housing, integrated housing etc. DCP No 30 has never included detached single dwelling houses. Clause 1.5 of that DCP specifically excludes conventional detached housing. This development is a conventional detached home as is the adjoining development to the north.

Furthermore, the Australian Model Code for Residential Development is not a statutory consideration and is more of a guideline for strategic planning, development control plans and more intensive development up to high rise scale and again is not for consideration in this assessment.


Privacy is an important consideration in this assessment process. However unrealistic expectations on such a limited allotment may be unrealistic.

On 11 February 2014, Council received a second letter of objection with additional points for consideration from the Owner of the property originally represented by the planning consultant (initial objection). The letter was received by Council over a year after the notification period for the development application had ended.

The additional points of objection were based around the presumption that the dwelling subject to the current development application will be used for short term holiday rental which may be an unlawful use. There are no indications of holiday rental use of the proposed as part of the application.

Additional points relating to noise and loss of privacy were raised, and these matters have been discussed in the report previously. This second submission has been considered as part of this report.

The Public Interest There is nothing in the public interest that would prevent consent from being issued in this instance.

It is not proposed to include a condition of consent requiring a positive covenant to be placed on the title of the property (88B) in this instance. It is considered that the current wording on the 149 certificate is appropriate in this instance as the proposal is for dwelling additions is located behind the current coastal hazard line.

The current Council notation on the property 149(2) certificate reads as follows:

"Adopted Council Policy (NSW Coastal Planning Guideline: Adapting to Sea Level Rise, NSW Planning, 2010)

In particular, Part 4 of the Guideline is to be applied in the assessment of development applications in areas affected by sea level rise which may restrict development of the land. This Guideline was adopted by Council on the 9th November 2010 as a policy to be applied in the assessment of development applications in areas affected by sea level rise."

Additional information is made available on the 149(5) certificate and reads as follows:

"Draft Policy to account for Climate Change Council at its meeting dated 21/10/2008 adopted as a matter of policy, a draft policy, allowing for a sea level rise of 0.9m to the year 2100 with a linear rise over the intervening period. On large subdivisions and rezoning where there is limited impact on adjoining properties, ground levels are to be raised to a level equivalent to the 1% flood level with allowance for climate change to the year 2100. Developments on this land be required to have floor levels 500mm higher than the 1% flood level. For infill development floor levels be raised to 500mm above the 1% flood level with allowance for climate change to the year 2060 unless such house raising will have an adverse impact on access, neighbouring properties or the surrounding streetscape. In conjunction with any application involving extensive areas of filling, the applicant be required to submit a flood study to indicate that such filling will not adversely impact on storm flows or flooding in the area. Such studies to be based on full allowance for climate change. Applications upstream of the river mouth be required to submit a flood study to indicate flood levels including any impacts from climate change to enable assessment by Council officers."

A 149(2) Certificate is a mandatory requirement for the sale of all properties, however a 149(5) Certificate is an optional extra search less commonly utilised during the property sale process.

CONCLUSION: While there are minor structural changes proposed to the existing dwelling these remain entirely within the footprint of the existing dwelling and are of a nature that is considered to make the building a modern, attractive and liveable home without substantially increasing the life expectancy of a structure that is located predominantly within the zone of slope adjustment and is at risk. The new portion of the building is designed to be supported below the 2060 Zone of Reduced Foundation Capacity and to be independent of the existing structure. DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 22 MAY 2014 Page 42

It is not proposed to include additional conditions of consent relating to time limited or event based consents (requiring removal/demolition), or impose further requirements for a positive covenant to be placed on the title of the property (88B restriction) above the notations found on the 149 certificate.

The report recommendation is based on the Applicant's amended plans with a building design extensively piered in accordance with a supplied geotechnical report supporting the proposed additions in the Zone of Reduced Foundation Capacity.

RECOMMENDATION:

It is recommended that Development Application No 506/2010 for alterations and additions to the existing dwelling at Lot 9, Section A, DP 21465, No 66 Newman Avenue Blueys Beach, is approved subject to the following conditions:

GENERAL CONDITIONS

1. Development in accordance with approved plans

The development must be implemented in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.

Plan type/Supporting Document

Prepared by Dated

Architectural Plans Scott Bradley and Associates Amended August 2012

The approved plans and supporting documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

Reason: Information and to ensure compliance.

2. Design Changes – Plan amendments

The proposal must be amended in the following manner:

a) So that the driveway gradient is compliant with Council's steep driveway recommendations the garage floor level may be lowered by up to 0.3m without change to the remaining floor levels.

b) Existing windows and as necessary the wall of the existing dwelling along the south western elevation are to be bought into conformity with the fire safety provisions of the Building Code of Australia where they stand within 0.9m of the side boundary.

c) The screen wall, continuous along the north eastern side of the deck containing the swimming pool, shall be raised in height to a minimum 1.8m above the level of the swimming pool.

d) The detailed landscaping plan prepared by Pamela Fletcher shall be revised to suit the amended architectural plan of the development. The landscape plan shall provide 29.4% cover of landscape and maintain the theme proposed by the original landscape plan.

Plans detailing these amendments must be submitted with the application for a construction certificate.

Reason: To permit a reasonable driveway and to ensure that the existing building is upgraded in a fire safety sense.

3. Compliance with Building Code of Australia

All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.


4. Insurance requirements under Home Building Act 1989

In the case of 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, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.


This condition does not apply:

a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

b) to the erection of a temporary building.


5. Adjustment to utility services

All adjustments to existing utility services made necessary by the development are to be undertaken at no cost to Council.

Reason: To ensure utility services are remain in a serviceable condition.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

The following conditions must be complied with prior to the issue of any Construction Certificate:

6. Structural details

Prior to the issue of a construction certificate, structural drawings prepared by a suitably qualified and experienced structural engineer must be submitted to and approved by the certifying authority. The design must ensure that the proposed addition has no effective structural connection to the existing building that may cause structural damage to the new addition. The footing of the independent new structure is to be supported on piles or footings below or beyond the 2060 Zone of Reduced Foundation Capacity (ZRFC) as determined by the Geotechnical Investigation of the property prepared by REGIONAL Geotechnical Solutions Dated 5 January 2012 Report No. RGS00238.1-AB.

The plans must also include details for:

a) All reinforced concrete floor slabs and/or beams or raft slab (having due regard to the possible differential settlement of the cut and fill areas.

b) Footings of the proposed structure. c) Structural steel beams/columns. d) Wind bracing and tie down.

Reason: i) To ensure the dwelling additions are able to withstand the anticipated impacts of coastal erosion.

ii) To ensure the design of the dwelling additions complies with the intended 50 year design life principle required under AS2870: Residential Slabs and Footings - Construction.

7. Landscape plan required

a) A revised landscaping plan shall be submitted to and approved by Council prior to the issue of a Construction Certificate. The detailed landscaping plan shall be revised to suit the amended architectural plan of the development. The landscape plan shall provide 29.4% cover of landscape and maintain the theme proposed by the original landscape plan.

Reason: To maintain the amenity of the coastal locality.

8. Steep driveway

The vehicular driveway must be designed and installed in accordance with Council’s Steep Driveway Guidelines. Details, prepared by a registered surveyor or other approved person, must be submitted to and approved by Council prior to the issue of a construction certificate.

Reason: To ensure an appropriate standard for steep driveway construction.

9. Plans of retaining walls and drainage

Prior to the issue of a construction certificate plans and specifications of retaining walls or other approved methods of preventing the movement of soil, where excavation or fill exceeds 600mm


above or below the existing ground level, must be submitted to and approved by the certifying authority, Adequate provision must be made for drainage in the design of the structures.

Reason: To ensure site stability and safety.

10. Erosion and sediment control plan

Prior to the issue of a construction certificate, an erosion and sediment control plan prepared by a suitably qualified person in accordance with “The Blue Book – Managing Urban Stormwater (MUS): Soils and Construction” (Landcom) must be submitted to and approved by the certifying authority. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices including catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins.

Reason: To protect the environment from the effects of erosion and sedimentation.

11. Driveway levels application

Prior to the issue of a construction certificate, a Driveway Levels Application must be submitted to Council for approval. A Driveway Levels Application Form must be completed and submitted to Council together with the application fee and all required plans and specifications.

Driveways must be constructed by a qualified/licensed contractor at no cost to Council in accordance with the driveway levels and construction standards issued by Council.

Reason: To ensure works within Council’s road reserve are constructed to a suitable standard for public safety.

12. Existing building to be bought into compliance with fire safety provisions

Prior to the issue of a construction certificate, plans and specifications detailing building upgrade works, to comply with the fire safety provisions of the Building Code of Australia (Volume 2), must be submitted to and approved by the certifying authority. Up grading works required to be completed are:

a) Existing windows and as necessary the wall of the existing dwelling along the south western elevation are to be bought into conformity with the fire safety provisions of the Building Code of Australia where they stand within 0.9m of the side boundary.

Reason: Statutory requirement under the Environmental Planning and Assessment Regulation 2000.

13. Detail of pool fence

Prior to the issue of a construction certificate, plans and specifications for the fence around the swimming pool must be submitted to and approved by the certifying authority. The fence must be in accordance with the Swimming Pools Act 1992 and Australian Standard AS1926.1: Swimming pool safety – Safety barriers for swimming pools.

Reason: To ensure the development complies with swimming pool barrier construction standards.

14. Building materials, finishes and colours

Prior to the issue of a construction certificate details of external materials, finishes and colours must be submitted to and approved by the certifying authority. All external building materials must be in neutral, recessive, non-reflective colours and finishes, which harmonise with the colours of the natural landscape.

Reason: To maintain visual amenity to the street and surrounding properties.

15. External roofing material and colour

Metal roof sheeting must be painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment. Zincalume finish or off-white colours are not permitted. Prior to the issue of a construction certificate, details of the external material and colour of the roof must be submitted to and approved by the certifying authority.


Reason: To ensure that excessive glare or reflectivity nuisance does not occur as a result of the development.

16. Bond required to guarantee against damage to public land

Prior to the issue of a construction certificate, a Damage Bond Application form together with payment of a bond in the amount of $2000 and an administration fee of $341.55 must be submitted to Council. The bond is payable for the purpose of funding repairs to any damage that may result to Council assets from activities/works associated with the construction of the development and to ensure compliance with Council standards and specifications.

A final inspection will be carried out by the responsible Council officer and the bond (minus any fees required for additional inspections) will be considered for refund:

a) once all works, including landscaping, driveway construction, turfing, etc, have been completed, and

b) following issue of an occupation certificate by the certifying authority.

The damage bond is reviewed periodically and therefore the fee and bond amount payable will be determined from Council’s current fees and charges document at the time of lodgement of the damage bond.

Reason: Protection of public assets.

PRIOR TO THE COMMENCEMENT OF ANY WORK ASSOCIATED WITH THIS CONSENT

The following conditions must be satisfied prior to the commencement of any building construction or subdivision work:

17. Construction certificate required

Prior to the commencement of any building or subdivision construction work (including excavation), a construction certificate must be issued by a certifying authority.

Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 6591 7222.


18. Site access

Public access to the site and building works, materials and equipment on the site is to be restricted, when building work is not in progress or the site is unoccupied. The public safety provisions must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

Reason: To ensure public health and safety during the construction of the development.

19. Erosion & sediment measures in accordance with approved plans

Prior to the commencement of work, erosion and sediment controls must be installed in accordance with the approved erosion and sediment control plan and must be maintained for the duration of the project.

Reason: To protect the environment from the effects of erosion and sedimentation.

20. Trees to be protected

Prior to the commencement of work, trees that are to be retained must be protected by a fence so as to minimise disturbance to existing ground conditions within the dripline of the trees. The fence must be constructed:

a) with a minimum height of 1.2 metres, b) outside the dripline of the tree, c) of steel star pickets at a maximum distance of 2 metres between pickets with orange

barrier mesh, or similar, attached to the outside of the fence and continuing around its perimeter to enclose the tree.


The fence must be maintained for the duration of the site clearing, preparation and construction works and signs must be erected to clearly identify the area as a restricted access zone.

Reason: To ensure the health and safety of trees during the construction of the

development. 21. Toilet facilities - sewered areas

Prior to the commencement of work, toilet facilities must be provided at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a standard flushing toilet connected to a public sewer.

Reason: To maintain public health.

22. Site construction sign

Prior to the commencement of work, a sign or signs must be erected in a prominent position at the frontage to the site.

a) showing the name, address and telephone number of the principal certifying authority for the work, and

b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c) stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.


CONDITIONS TO BE SATISFIED DURING DEVELOPMENT WORK

The following conditions must be complied with during any development work:

23. Construction times

Construction and/or demolition works, including deliveries on or to the site must not unreasonably interfere with the amenity of the neighbourhood and must occur only in accordance with the following:

Monday to Friday, from 7 am to 6 pm.

Saturday, from 8 am to 1 pm.

No construction and/or demolition work, including deliveries are to take place on Sundays or Public Holidays.

Reason: To maintain amenity during construction of the development.

24. Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a suitable waste bin/enclosure. Building materials must be delivered directly onto the property. Footpaths, road reserves and public reserves must be maintained clear of rubbish, building materials and other items at all times.

Reason: To ensure that materials and waste do not adversely affect traffic or pedestrian safety and amenity.

25. Temporary pool fencing

Temporary fencing must be installed around the pool site during its construction to prevent entry by children. The temporary fencing must remain in place until permanent fencing is erected.

Reason: Public safety.


26. Services near trees

Trenches for services that are to be laid within the dripline of retained trees must be manually excavated to minimise root disturbance around or under any lateral structural support roots of the tree.

Reason: To protect trees from construction damage.

27. Removal of asbestos

All asbestos wastes associated with demolition/renovation works must be disposed of in accordance with the requirements of the WorkCover Authority and the following requirements:

a) If asbestos is present in an amount greater than 10m2, then the demolition and removal must be undertaken by a WorkCover licensed demolition contractor who holds the appropriate WorkCover licence (e.g. Asbestos Demolition Licence) for the material to be demolished.

b) All asbestos must be removed from the site and be disposed of at an approved licensed waste facility. All asbestos waste must be delivered to an approved licensed waste facility in heavy duty sealed polyethylene bags.

c) The bags are to be marked “Caution Asbestos” with 40mm high lettering. Twenty four (24) hours' notice must be given to the waste facility prior to disposal.

d) Receipts of the disposal of all asbestos to a licensed waste facility must be provided to Council prior to the issue of an occupation certificate.

Reason: To protect public health and safety and to ensure the correct disposal of asbestos waste.

28. Standards for demolition work

All demolition works must be undertaken in accordance with the provisions of Australian Standard AS 2601: The demolition of structures. Prior to demolition, all services must be disconnected and capped off.

Reason: To protect public health and safety.

29. Support for neighbouring buildings

If an excavation extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person's own expense:

a) protect and support the adjoining premises from possible damage from the excavation, and

b) where necessary, underpin the adjoining premises to prevent any such damage.

This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to this condition not applying.


30. Survey of building location

A survey certificate prepared by a registered surveyor must be submitted to the certifying authority at the following stages of the development:

a) Prior to the construction of footings or first completed floor slab showing the area of land, building under construction and boundary setbacks.

b) On completion of works i) Indicating the position of the building on the allotment ii) The distance of any windows within the south western elevation of the building from

the south western boundary and iii) The floor levels of the building to Australian Height Datum (AHD).

Reason: To ensure compliance with the approved plans.


31. Swimming pool pump location

The swimming pool filter pump must be located so that noise from the operation of the pump is not a source of offensive noise, as defined by the Protection of the Environment Operations Act 1997, at any other residential premises. If necessary an acoustic enclosure must be provided around the pump to achieve adequate noise attenuation.

Reason: To maintain acoustic amenity to adjoining properties.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions must be satisfied prior to any occupation or use of the building:

32. Site to be landscaped

Prior to the issue of a final occupation certificate, the site must be landscaped in accordance with the approved landscape plan.

Reason: To ensure compliance with the development consent and to maintain amenity.

33. Sealed driveway in accordance with approved Driveways Level Application

Prior to the issue of a final occupation certificate, a driveway must be constructed from the edge of the road formation to the property boundary in accordance with the approved Driveway Levels Application. A certificate of compliance must be obtained from Council certifying that the driveway has been constructed to comply with the approved driveway application.

Reason: To ensure suitable vehicular access to the development.

34. Internal driveway in accordance with the approved plans

Prior to the issue of a final occupation certificate, a driveway must be constructed from the property boundary to the proposed car spaces in accordance with the approved plans.

Reason: To ensure suitable vehicular access is provided to the development.

35. BASIX Compliance

Prior to the issue of a final occupation certificate, all of the required commitments listed in the BASIX certificate must be fulfilled.


36. Soundproofing of mechanical equipment

Prior to the issue of a final occupation certificate, all mechanical equipment must be adequately soundproofed so as not to create offensive noise as defined under the Protection of the Environmental Operations Act 1997 and regulations.

Reason: To maintain the acoustic amenity of surrounding properties.

37. Pool safety

Prior to the issue of an occupation certificate, a sign must be erected in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign must be in a prominent position and be in accordance with the Swimming Pools Regulation 2008. Fences, gates, walls, etc. enclosing the general swimming pool area must be maintained in good repair and condition at all times. Depth markers must be installed 150 mm above the water line of the proposed swimming pool.

Reason: Statutory requirement and safety.

38. Swimming pool discharge

Prior to the issue of a final occupation certificate, the discharge of waste water from the swimming pool must be in accordance with Australian Standard AS/NZS 3500: Plumbing and drainage.

Reason: To prevent environmental pollution and health impacts.


39. Redundant works in the road reserve to be removed

Prior to the issue of a final occupation certificate, redundant footpath crossings and/or access culverts must be removed and reconstructed and footway access restored at no cost to Council. The consent of Council must be obtained prior to undertaking the work in accordance with Section 138 of the Roads Act 1993.

Reason: To ensure public safety and facilitate the preservation of on street parking spaces.

ONGOING USE The following conditions must be satisfied during the ongoing use of the development: 40. Swimming pool pump operation

Noise from the swimming pool pump must not be audible within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

a) before 8 am or after 8 pm on any Sunday or public holiday, or b) before 7 am or after 8 pm on any other day.

Noise associated with the swimming pool pump must not be a source of offensive noise as defined by the Protection of the Environment Operations Act 1997 at all other times.

Reason: To maintain acoustic amenity to adjoining properties. 41. Premises not to be converted to dual occupancy

The premises must not be converted for dual occupancy purposes without the prior consent of Council.

Reason: To protect the amenity of adjoining premises.

Lisa Schiff Director Planning and Environmental Services


development control unit - mid-coast council · 2018-01-17 · development control unit. will be...

Documents