election of mayor and deputy mayor - …...b: 2 ordinary meeting of the council of the shire of...

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Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 September 2016 commencing at 6.00pm.

ELECTION OF MAYOR AND DEPUTY MAYOR

Craig Deasey 1. ELECTION OF MAYOR AND DEPUTY MAYOR

EF08/602

Précis:

Reporting on the election of a Mayor by the Councillors.

**********

The following is presented as a general overview of the procedural matters relating to the election of Mayor and Deputy Mayor which I believe will assist Councillors in their deliberations. Councillors with any queries in relation to the procedures can contact me at any time for a clarification.

(a) Election of Mayor

Section 227 of the Local Government Act 1993 states:

"The Mayor of an area is the person elected to the office of Mayor by the Councillors from among their number."

The Mayor so elected holds office for one year.

(b) Election of Deputy Mayor

Section 231 of the Act provides that:

"1. The Councillors may elect a person from among their number to be the Deputy Mayor.

2. The person may be elected for the Mayoral term or a shorter term.

3. The Deputy Mayor may exercise any function of the Mayor at the request ofthe Mayor or if the Mayor is prevented by illness, absence or otherwise fromexercising a function or if there is a casual vacancy in the office of Mayor.

4. The Councillors may elect a person from among their number to act as DeputyMayor if the Deputy Mayor is prevented by illness, absence or otherwise fromexercising a function under this section, or if no Deputy Mayor has beenelected."

(c) Method of Election of Mayor and Deputy Mayor

The requirements for the method of election of the Mayor and Deputy Mayor are set out under Sections 282 and 290 of the Local Government Act, 1993 and Schedule 7 of the Local Government (General) Regulation 2005. The legislation provides as follows:

Returning Officer

1. The General Manager is the Returning Officer.

REPORTS BY DEPARTMENT REQUIRING RESOLUTION BY COUNCIL

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Nomination 2. (1) A Councillor may be nominated without notice for election as Mayor or Deputy

Mayor.

(2) The nomination is to be made in writing by two or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the Returning Officer.

(4) The Returning Officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

Election

3. (1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the Council meeting at which the Council resolves on the method of voting.

(4) In this clause:

ballot has its normal meaning of secret ballot;

open voting means voting by a show of hands or similar means.

Points to note here are:

The General Manager is the Returning Officer.

Nominations must be made in writing by two or more Councillors, one of which may be the nominee. The nominee must indicate consent to the nomination in writing. To assist in the nomination process I have prepared nomination forms for the positions of Mayor and Deputy Mayor, both of which are included with the Business Paper. Completed nomination forms may be delivered to me before the meeting or just prior to the commencement of the meeting.

No particular method of voting is specified but Council may choose between - ordinary ballot, preferential ballot, or open voting.

(d) Destruction of Ballot Papers

At the conclusion of the elections it will be necessary to authorise the Returning Officer to destroy any ballot papers.

RECOMMENDATION 1. Election of Mayor

2. Election of Deputy Mayor – Pursuant to Section 231(2) of the Act the period of appointment for the Deputy Mayor be equivalent to that of the Mayor.

3. Method of Election - That the method of election for both (or either) the Mayor and Deputy Mayor be by open voting. (Note: Depending on the necessity to conduct a ballot).

4. Destruction of Ballot Papers (if necessary) - That the General Manager be authorised to destroy all ballot papers used in the election process.

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Craig Deasey 2. FIXING MEETING DATES AND TIMES EF08/603 Précis: Reporting on the fixing of Council meeting dates and times.

********** Section 367 of the Local Government Act provides that the General Manager must send to each Councillor, at least three (3) days before each meeting of Council, a notice specifying the time, place and date of the meeting and the business proposed to be transacted. It is to be noted that Council's current practice is for five (5) days notice to be given. Notice of less than three (3) days may be given for an Extraordinary Meeting called in an emergency. Section 365 states that "Council is required to meet at least 10 times each year, each time in a different month". It is the policy of Council not to meet in January having regard to the Christmas - New Year holiday season and the general closedown of NSW Government agencies, contractors, builders and other suppliers. The matter of setting meeting dates and times is at the discretion of the Council and therefore Council may by resolution fix the timing of its Ordinary Meetings. IMPLICATIONS Financial The financial implications with respect to setting and holding of Council meetings is covered within the existing budget. Statutory Council is required under Section 365 of the Local Government Act 1993 to meet at least 10 times a year, each time in a different month. Community The community are advised of all adopted Council meeting dates. Other There are no consultative or environmental implications from this report. RECOMMENDATION 1. That the Ordinary meetings of Council be held on the third Tuesday of each month

commencing at 6.00pm with the exception of January provided that the day of any Ordinary Meeting may for good and sufficient reason be altered by resolution of Council at any preceding Ordinary Meeting.

2. That in accordance with Section 367 of the Local Government Act 1993 and Council's

Code of Meeting Practice five (5) day's notice be given for Ordinary, Extraordinary and Committee meetings provided that in an emergency the Mayor or General Manager be authorised to call an Extraordinary Meeting by telephone giving 48 hours notice.

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Craig Deasey 3. DETERMINATION OF COUNCIL COMMITTEES EF08/604

Précis: Reporting on the Determination of Council Committees.

********** The Council may appoint or elect such Standing or Special Committees as it may consider necessary. The following Committees of Council are currently in operation. * Denotes that the Committee is a requirement of legislation.

COMMITTEE NAME CURRENT MEMBERS * Traffic & Road Safety The Mayor (Johnston) and One Councillor

(Bale) (alternate) and Executive Manager – Infrastructure & Assets.

* Local Emergency Management One Councillor (McKenzie), Executive Manager Infrastructure Assets & General Manager.

Access The Mayor (Johnston) and Two Councillors (Bowden, Norman), Six community representatives & the Executive Manager Corporate Services.

Pilchers Reserve Committee One Councillor (Norman) and One Councillor (Bowden) (alternate), six community representatives.

Community Artworks Advisory Committee Two Councillors (Bowden, Booth), one staff member, four Community Representatives.

General Managers Performance Review Committee

Mayor (Johnston) and three Councillors (Booth, McKenzie, Wall) and LGNSW Officer.

Tourism Advisory Committee The Mayor (Johnston) and Two Councillors (Farrow, Knudsen), Economic Development & Tourism Coordinator and Tourism Officer.

Local Noxious Weeds Advisory Committee One Councillor (Bowden), Manager Environmental Services and Six Community Members

Australia Day Committee The Mayor (Johnston), One "A" Ward Councillor, One “B” Ward Councillor & One “C” Ward Councillor and up to four community representatives.

IMPLICATIONS Financial There are no direct costs involved in appointing the Committees. Statutory In accordance with the Local Government Act 1993 Council may establish various Committees to assist the Council in the exercise of their functions. Environmental There are no environmental implications from this report.

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Community A number of the Committees listed have community representatives. Consultative Consultation with the committees is undertaken when and as required. RECOMMENDATION That the above mentioned list of Committees be adopted and delegates be appointed to the various Committees.

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Craig Deasey 4. APPOINTMENT OF COUNCILLORS TO OUTSIDE ORGANISATIONS OPERATING UNDER DELEGATED AUTHORITY FROM COUNCIL EF08/608 Précis: Reporting on the Appointment of Council Delegates to Outside Organisations.

********** Council has delegates appointed to various committees, associations and statutory bodies as listed below:

ORGANISATION CURRENT DELEGATES Shire Facilities James Theatre Community Centre Committee

One "A" Ward Councillor (Farrow).

School of Arts Committees Clarence Town Gresford Paterson Vacy Martins Creek

One "B" Ward Councillor (McKenzie). One "C" Ward Councillor (Booth). One "C" Ward Councillor (Booth). One "C" Ward Councillor (Bowden). One "B" Ward Councillor (Johnston).

Dungog Showground and Recreation Reserve Committee

One “A” Ward Councillor (Norman).

Paterson Sportsground Committee One "C" Ward Councillor (Booth). Gresford Sporting Complex Committee One "C" Ward Councillor (Vacant). Vacy Sportsground Committee. One "C" Ward Councillor (Wall). Alison Court Units Management Committee One "A" Ward Councillor (Bale), One “B”

Ward Councillor (Johnston) & One “C” Ward Councillor (Booth).

IMPLICATIONS Financial Costs associated with the adoption of this report as covered within the existing budget. Statutory In accordance with the Local Government Act 1993 Council has an obligation to be represented on these committees. Environmental There are no environmental implications from this report.

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Community A number of the Committees listed have community representatives. Consultative Consultation with the committees is undertaken when and as required. RECOMMENDATION The above mentioned list of Committees be adopted and delegates be appointed to the various Committees and Associations.

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Craig Deasey 5. APPOINTMENT OF COUNCIL DELEGATES TO OUTSIDE ORGANISATIONS EF08/605 Précis: Reporting on the Appointment of Council Delegates to Outside Organisations.

********** Council has delegates appointed to various committees, associations and statutory bodies as listed below:

ORGANISATION CURRENT DELEGATES Local Government NSW The Mayor (Johnston). Hunter Councils Inc The Mayor (Johnston) Strategic Services Australia General Manager Newcastle Regional Joint Library Committee One Councillor (Norman) and Executive

Manager Corporate Services, General Manager (alternate).

Mid North Weight of Loads Group The Mayor (Johnston) and one Councillor (McKenzie) (alternate).

Williams River Floodplain Management Committee

One Councillor (Norman) and Executive Manager Infrastructure & Assets, Manager Planning, a representative of Port Stephens Council and Government Agencies.

Upper Williams River / Clarence Town Floodplain Management Committee

One Councillor (Norman), Manager Environmental Services and 4 Community Representatives.

Dungog Shire Health Services Forum General Manager, Community Project Officer and three Councillors (Norman, Johnston, Bowden).

Lower Hunter Bush Fire Management Committee

One Councillor (Wall) and Executive Manager Infrastructure & Assets

Zone Bushfire Liaison Committee One Councillor (Wall) and Executive Manager Infrastructure & Assets

Upper Hunter Arts Advisory Committee One Councillor (Booth) and One Councillor (Knudsen) (Alternate).

Hunter Water Consultative Forum The Mayor (Johnston) and One Councillor (Norman) (Alternate).

Dungog & District Liquor Accord The Mayor (Johnston) and One Councillor (Farrow) and General Manager.

NSW Police – Port Stephens Local Area Command Crime Prevention Partnership Committee

The Mayor (Johnston) and General Manager.

NSW Police – Central Hunter Local Area Command Crime Prevention Partnership Committee

The Mayor (Johnston) and One Councillor (Booth)

Destiny Haven Community Review Board The Mayor (Johnston) and One Councillor (McKenzie)

Joint Regional Planning Panel Councillors Johnston and Wall. Gloucester Coal Seam Gas Community Consultative Committee

One Councillor (McKenzie) and Manager Environmental Services.

Hunter Local Land Services One Councillor (Bowden) and One Councillor (alternate)(Norman).

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IMPLICATIONS Financial Costs associated with the adoption of this report as covered within the existing budget. Statutory In accordance with the Local Government Act 1993 Council has an obligation to be represented on these committees. Environmental There are no environmental implications from this report. Community A number of the Committees listed have community representatives. Consultative Consultation with the committees is undertaken when and as required. RECOMMENDATION The above mentioned list of Committees be adopted and delegates be appointed to the various Committees and Associations.

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GENERAL MANAGER

Craig Deasey 1. LGNSW ANNUAL CONFERENCE EF07/34 Precis: Reporting on the annual conference of Local Government NSW.

************* Councillors the annual conference for Local Government NSW is scheduled to run from Sunday 16 October 2016 until Tuesday 18 October 2016 in Wollongong. The conference is the annual policy-making event for all Councils in NSW a copy of the program is included with the Councillors business papers. At this stage no registrations have been made on behalf of Dungog Shire Council in view of the impending mergers. However as the Council is still in existence at this stage, there is a need to ascertain as to whether there is any interest from Councillors as regards attending the conference or not. The Sunday afternoon sessions provide the opportunity for Councillors to attend one of three different training sessions being facilitated by LGNSW. Two briefing sessions are being conducted over the term of the conference for Council General Managers. IMPLICATIONS Financial Registration fees for the conference are $999 plus accommodation and travel costs. If bookings are cancelled prior to 30 September 2016 they charge an administration fee of $110, per booking. The Councils budget did make provision for attendance at the conference. Consultative The annual conference provides the opportunity for Councillors to network with their fellow peers from across NSW. OFFICERS RECOMMENDATION That Council determine as to whether the Council should be attending the LGNSW conference and appoint delegates to represent the Council.

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Craig Deasey 2. CLOSED COUNCIL Précis: Report referring matters to Closed Council.

********** In accordance with the Local Government Act 1993 and the Local Government General Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Sec 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following:

(a) personnel matters concerning particular individuals (other than Councillors) (b) the personal hardship of any resident or ratepayer (c) information that would, if disclosed, confer a commercial advantage on a person

with whom the Council is conducting (or proposes to conduct) business (d) commercial information of a confidential nature that would if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the Council, or (iii) reveal a trade secret

(e) information that would, if disclosed, prejudice the maintenance of law (f) matters affecting the security of the Council, Councillors, Council staff or

Council property (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the grounds of legal professional privilege (h) information concerning the nature and location of a place or an item of

Aboriginal significance on community land. GENERAL MANAGER 1. COMMON ROAD – SALE OF LAND This item is classified CONFIDENTIAL under Sec 10A (2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business This matter is classified confidential because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business IMPLICATIONS Legislative The matters are referred to in the context of Sec 10A(2) of the Local Government Act 1993.

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Consultative Members of the public are invited to make representations to the Council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed. OFFICERS RECOMMENDATION 1. That Council resolve into Closed Council to consider business identified, together

with any late reports tabled at the meeting. 2. That pursuant to section 10A (1)-(3) of the Local Government Act 1993, the media

and public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Sec 10A(2) as outlined above.

3. That correspondence and reports relevant to the subject business be withheld from

access to the media and public as required by Sec 11(2) of the Local Government Act 1993.

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Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 September 2016 commencing 6.00pm.

PLANNING DEPARTMENT MANAGERS REPORT

Kristy Cousins 1. WN GRAY – SECTION 96 MODIFICATION OF CONSENT - 33 GLENBURN ROAD,

PATERSON DA 63/2014 Development Application No. 63/2014 (Section 96 Modification) Owner: WN & DN Gray Applicant: WN Gray Land: Lot 51 DP 1147254, 33 Glenburn Road,

Paterson Current Zone: R5 Large Lot Residential Area: Approx 293 ha Proposal: Approved Three Lot Subdivision Précis: An application has been received under Section 96(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act) to modify Development Consent No 63/2014 for a three lot subdivision at Lot 51 DP 1147254, No 33 Glenburn Road, Paterson. BACKGROUND Development Application 63/2014 for a three lot subdivision was approved subject to conditions of consent at the October 2014 Ordinary Meeting of Council. A Section 96 application requesting an amendment to the condition of consent requiring an upgrade of Glenburn Road was refused by Council at the February 2015 Ordinary Meeting of Council. In accordance with Section 96(1A) of the Environmental Planning & Assessment Act 1979 the applicant lodged a modification of consent application to amend the access location for proposed Lot 511 from via a right of way off Keppies Road to gaining access via Glenburn Road. During the assessment process the applicant discussed the possibility of amending the lot layout as well. An amended plan dated 29 July 2016 was received from the applicant, which is the subject of the following assessment. SUBJECT SITE The subject land comprises an irregular shaped allotment of approximately 5.83 hectares in area, located along the north western side of Glenburn Road. The site has a frontage of 135.69m to Glenburn Road. The site also benefits from a 10m wide right of carriageway off Keppies Road providing access to the northern section of this lot. The site slopes gently in a north westerly direction away from Glenburn Road. Two watercourses (i.e. Order 1 and 2) traverse the property draining in a westerly direction. The site has been largely cleared of natural regrowth vegetation particularly along its western boundary, although some of this regrowth vegetation has been retained adjacent to the western fence line of the property. Pockets of native vegetation remain along the two

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existing watercourses that traverse the site towards the northern section of the site with some existing trees being retained along the Glenburn Road frontage of the site. An existing dwelling is located within the south eastern corner of the site with vehicular access being available and used to the property off Glenburn Road at the southern end of the property. The surrounding locality is described as being of large lot residential character with dwellings occupying most surrounding lots. A locality plan is provided in Figure 1 below.

Figure 1: Subject Site – Lot 51 DP 1147254 No. 33 Glenburn Road APPROVAL Approval was granted to subdivide the subject land into three (3) lots as detailed in the table below:

Lot No. Area (ha) Dimensions (m) 510 2.39 115.58/179.39 x 119.82/237.63 511 2.18 180/307.54 x 70.11/121.03 512 1.26 167.17/128.9 x 51.18/119.82

Vehicular access to proposed Lots 510 and 512 will be available directly from Glenburn Road and it was intended to use an existing 10m wide right of carriageway over Lot 641 from Keppies Road to access proposed Lot 511. The existing dwelling on site will be retained upon proposed Lot 510 and dwelling envelopes and effluent disposal areas have been designated for proposed Lots 510 and 511. Access to the building envelope of proposed Lot 511 will also involve provision of vehicular crossings over the two existing watercourses on site. Some clearing of the site would have been necessary for creation of vehicular access over these existing watercourses only to proposed Lot 511. Building envelopes have been positioned upon cleared areas of the site. A copy of the approved plan can be viewed in Annexure ‘A’ (B:36).

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ANNEXURE ‘A’ TO ITEM NO. 1 – MANAGER PLANNING’S REPORT

lbrighton.dunFile AttachmentMP 1 A.pdf

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PROPOSED MODIFICATION It is proposed to amend the lot layout as follows:

Lot No. Area (ha) 510 2.477 With existing dwelling house. The allotment is

now proposed to be a more regular shape with the northern boundary following the power line easement.

511 2.118 Vacant land with a battle axe handle off Glenburn Road. The nominated building envelope has been identified in a cleared area between the first and second order stream located within this proposed allotment.

512 1.239 Vacant land with access directly off Glenburn Road.

A copy of the proposed modified plan can be viewed in Annexure ‘B’ (B:37). Applicant’s request: The applicant identified that there has been an issue with gaining approval for upgrade works required within the right of carriageway off Keppies Road. To overcome this issue, it is now proposed that all three allotments will gain access via Glenburn Road. The applicant contends that the relocation of the building envelope on proposed Lot 511 dramatically improves the amenity for dwellings on lots 510, 511 & 512 as they will no longer look over each other. It will also place the building envelope away from the neighbouring property to the west. The effluent disposal area have been changed and consolidated to reflect the requirements for sub soil irrigation. Planner’s comment: The proposed lot sizes are similar to the original approval; however the proposed lot layout is somewhat different. The building envelope for proposed Lot 511 has been moved away from the western boundary and is now located closer to the north-eastern boundary of the subject land in between the two watercourses. The new location will provide more privacy between the proposed allotments and neighbouring property to the west. The access to proposed Lot 511 will now be via Glenburn Road rather than Keppies Road, which will eliminate the need to cross one of the watercourses to access the building envelope. Some concern was raised regarding compliance with the on site sewerage development assessment framework relation to effluent disposal buffers to the two watercourses. The property is identified as a very high hazard lot with the property draining to the Paterson River. However Councils Environmental Services Department is satisfied that suitable effluent disposal can be achieved on the proposed allotments. This is discussed in further detail later within the report. Section 96(1A) Assessment: Section 96(1A) Modifications involving minimal environmental impact. A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and Comment: The applicant has demonstrated that the proposed new lot configuration, building envelopes and effluent disposal can comply with the current standards and requirements. The new access location to proposed lot 511 from Glenburn Road will means that one less watercourse crossing is needed to reach the building envelope. Council is satisfied that the proposed modification is of minimal environmental impact.

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ANNEXURE ‘B’ TO ITEM NO. 1 – MANAGER PLANNNG’S REPORT

lbrighton.dunFile AttachmentMP 1 B.pdf

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

Comment: Whilst the lot layout has been amended, it is still a three lot subdivision with relatively similar sized allotments. Council is satisfied that the proposed modification is essentially the same development.

(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

Comment: The proposed modification was placed on public exhibition and neighbour notified in accordance with Council policy.

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

Subsections (1), (2) and (5) do not apply to such a modification. Comment: One submission was received during the exhibition period in support of the proposed amendments. The proposed modification is considered to satisfy the above requirements of Section 96(1A). Section 96(3) – In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application. The proposed modification has been assessed under the relevant heads of consideration listed in Section 79C(1) (Annexure ‘C’ (B:38)) of the Environmental Planning and Assessment Act 1979 as follows: a) The provisions of:

(i) any environmental planning instrument; State Environmental Planning Policy The proposed modification is not inconsistent with the relevant SEPP’s. Dungog Local Environmental Plan 2014 The Development Application was approved under the provisions of the Dungog LEP 2014, with the proposal being permissible in accordance with Clause 2.6 and Clause 4.1 Minimum lot size permits subdivision of this land into 8000m2 lots. The modified lot layout still complies with the LEP provisions and is consistent with the objectives of the zone. (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), There are no proposed instruments for the subject site.

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ANNEXURE ‘C’ TO ITEM NO. 1 – MANAGER PLANNING’S REPORT

CONSIDERATION UNDER SECTION 79C The following assessment is based on the matters listed for consideration under Section 79C(1) of the Environmental Planning and Assessment Act, 1979. a) The provisions of:

(i) any environmental planning instrument;

State Environmental Planning Policy No. 44 – Koala Habitat Protection 1. This policy aims to encourage the

proper conservation and management of areas of natural vegetation that provide habitat for Koalas to ensure a permanent free-living population over their present range and reverse the current trend of Koala population decline: a) by requiring the preparation of

plans of management before development consent can be granted in relation to areas of core koala habitat, and

b) by encouraging the identification of areas of core koala habitat, and

c) by encouraging the inclusion of areas of core koala habitat in environment protection zones.

Schedule 1 of the policy lists a number of local government areas in which this policy applies. Dungog LGA is included in the Schedule. Therefore the proposal constitutes a development to which SEPP 44 applies.

According to the policy, before granting consent to an application to carry out development on land to which the policy applies, Council must satisfy itself whether or not the land is a potential or core Koala habitat. ‘Potential Koala habitat’ is defined as areas of native vegetation where the trees listed in schedule 2 of SEPP 44 ‘constitute at least 15% of the total number of trees in the upper and lower strata of the tree component’. If the site is found to contain potential koala habitat, further investigation for the presence of ‘core Koala habitat’ should be undertaken and if this habitat is found to be present, a detailed Plan of Management should be prepared. A Flora and Fauna Assessment Report was prepared by WN & GM Gray for the original development application. This report states that all native trees and understorey species will be retained where feasible and that no endangered ecological communities or flora has been recorded in this area. The existing vegetation on site is not considered to be core koala habitat and therefore no further investigations are necessary.

State Environmental Planning Policy (Rural Lands) 2008 1. This policy aims to facilitate the orderly

and economic use and development of rural lands for rural and related purposes. The policy identifies Rural Planning Principles and Rural Subdivision Principles, so as to assist in the proper management, development and protection of rural lands for the purpose of promoting the social, economic and environmental welfare of the State.

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Clause 10 applies to land in a rural zone, a rural residential zone or an environmental protection zone and sets out the matters to be taken into account in determining development applications for rural subdivisions or rural dwellings, as follows:

a) the existing uses and approved

uses of land in the vicinity of the development,

b) whether or not the development is

likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

c) whether or not the development is

likely to be incompatible with a use referred to in paragraph (a) or (b),

d) if the land is not situated within a

rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,

e) any measures proposed by the

applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

The subject property is currently used for rural residential purposes with surrounding properties also being used for this purpose. Much of the subject site has been cleared of native regrowth vegetation except for small corridors along the existing watercourses and western boundary fence. The proposed subdivision and subsequent development of the subject land for large lot residential purposes is not likely to have an adverse impact on the biodiversity values of the subject or adjoining properties given that the site is largely cleared of native vegetation and only minor clearing is necessary for the provision of a vehicular access way over existing watercourses. The proposed subdivision and subsequent development of the subject land for large lot residential purposes is considered to be compatible with the existing and preferred use of land in the vicinity of this site. Not Applicable Nil.

Dungog Local Environmental Plan 2014 1. The site is zoned R5 Large Lot

Residential under DLEP 2014.

2. Clause 2.3 - Zone objectives and Land Use Table

The proposed subdivision satisfies the objectives of the R5 Zone as follows:

the subdivision will provide for additional housing within a large lot residential precinct whilst preserving the existing character of this rural/residential area;

the subdivision will not hinder orderly development of urban areas as this precinct is not intended for urban purposes;

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the subdivision is not likely to unreasonably increase demand for public services and facilities;

Minimal, if any conflicts will result with any adjoining zones or land uses;

This precinct is not currently or will be used in the future for intensive agriculture purposes given the size of adjoining lots and its close vicinity to Paterson.

3. Clause 2.6 - Subdivision—consent requirements

Consent is being sought for subdivision of this land.

4. Clause 4.1 - Minimum subdivision lot size

The min lot size for this site is 8000m2. All the proposed lots are greater than this min requirement.

(iii) any draft environmental planning instrument that is or has been placed on

public exhibition and details of which have been notified to the consent authority;

There are no draft environmental planning instruments applying to this land or development proposal.

(iii) any development control plan;

Dungog Development Control Plan No. 1

1. Part C, Section 3 of DCP No. 1 sets out the general requirements for building line setbacks in the Rural Lifestyle 1(1) zone. Buildings are required to be set back 50m from any other public road. In addition, buildings must be set back at least 10m from side and rear property boundaries.

The proposed building envelopes satisfy these setback requirements, however the existing dwelling upon proposed Lot 510 is setback only 40m from Glenburn Road. As this dwelling already occupies the land, a 10m variation is considered to be acceptable in this case as Council approved the positioning of this dwelling in early 2013.

2. Part C, Section 5 of the DCP outlines requirements in respect of applications to carry out development on bushfire prone land.

According to Council’s Bushfire Prone Land map, the site is mapped as bushfire prone land.

The original bushfire threat assessment recommended a 20m APZ for future dwelling on the site. The APZ for proposed Lot 511 will need to be located within the building envelope to ensure that it does not encroach on the riparian corridor.

The RFS have issued a Bushfire Safety Authority for the proposed subdivision under section 100B of the Rural Fires Act 1997.

4. Part C, Section 16 of the DCP requires applicants to consider the potential impacts of the development on biodiversity.

The building envelopes have been designated for each proposed vacant lot, within the cleared areas of each lot to avoid any further vegetation clearing.

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5. Part D, Section 5 of the DCP contains the Paterson Local Area Plan (LAP), which sets out locality based performance criteria and controls which are designed to address key issues and achieve the desired future character of land within the various planning precincts.

The subject land is contained within Planning Area B3.

The Paterson LAP identifies the subject land as “well suited” to development being drained by a small creek system with the lot being above the 1:100 flood event.

The LAP however states: Access to Glenburn Road for any new development is not supported. Keppies Road will require upgrading and sealing to accommodate any new development.

Council previously approved the creation of one additional allotment with access via Glenburn Road. The amended proposal will result in all three proposed allotment gaining access via Glenburn Road.

The applicant has already undertaken the works to upgrade Glenburn Road to a 6m wide formation. It is considered satisfactory for the one additional lot to gain access from this road in its current standard.

As detailed in the original assessment, consideration needs to be given to reviewing the provisions within the LAP in accordance with the current subdivision pattern and Dungog LEP 2014.

(iiia) any planning agreement that has been entered into under section 93F, or any

draft planning agreement that a developer has offered to enter into under section 93F;

There are no planning agreements or draft planning agreements applying to the land.

(v) the regulations (to the extent that they prescribe matters for the purposes of this paragraph);

Not applicable.

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c) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

The likely impacts of the three lot subdivision were considered during the original assessment of the application. The potential impacts from the modified development have been considered in the main body of this report.

d) The suitability of the site for the development, For the reasons discussed in the body of this report, the subject land is considered suitable for the development.

e) Any submissions made in accordance with the Act or the regulations, One (1) submission was received by Council during the exhibition period in support of the proposed amendments to the development.

f) The public interest. The proposed subdivision is considered to be in the wider public interest.

lbrighton.dunFile AttachmentMP 1 C.pdf

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(iii) any development control plan; Dungog Development Control Plan No.1 (DCP No.1) complements Dungog LEP 2014 and sets out Council’s policies in respect of certain types of development within the Shire, together with detailed guidelines intended to assist in achieving the aims and objectives of Dungog LEP 2014. The following is an extract from the original assessment of the application in accordance with the relevant sections of DCP No.1. Additional detail has been included below in relation to the modified proposal where relevant: Section 3.1 and 3.2 The modified building envelopes for proposed Lots 511 & 512 comply with the required setbacks. It is noted that the building envelope for proposed lot 511 is an irregular shape located 20m from the first and second order stream. The 20m buffer is consistent with the riparian land requirements Department of Primary Industries- Water. Section 5 – Bushfire The 20m APZ for proposed Lot 511 will need to be located within the building envelope so that it does not require the removal of the riparian vegetation along the two watercourses. This can be conditioned appropriately. Paterson Local Area Plan (LAP) The Paterson LAP states that “no access for subdivision permitted from Glenburn Road.” The LAP suggests that a possible access road intersection be developed in conjunction with development of Brisbane Grove in Area B4”. As detailed in the original assessment, consideration needs to be given to reviewing the provisions within the LAP in accordance with the current subdivision pattern and Dungog LEP 2014. It is now proposed that all three allotments will gain access via Glenburn Road in contradiction to the LAP. It is noted however that the applicant has undertaken the upgrade works along Glenburn Road in compliance with the original conditions of consent. Council’s Engineering Department has reviewed the proposal and advised that as Glenburn Road has now been widened to 6m it will adequately accommodate traffic movements for 1 additional lot. (iiia) any planning agreement that has been entered into under section 93F, or any

draft planning agreement that a developer has offered to enter into under section 93F;

There are no planning agreements or draft planning agreements applying to the land. (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph); Not applicable a) The likely impacts of that development, including environmental impacts on

both the natural and built environments, and social and economic impacts in the locality,

As detailed above there was some concern with the amended proposal in regards to effluent disposal. The proposal has been assessed by Council’s Environmental Health Officer who provided the following comments: “A meeting onsite was conducted with the applicant/owner Mr WN Gray, Norm Campbell from Gardenmaster and myself to assess any concerns in regards to onsite disposal with the new lot layout. After reviewing the amended site plan all lots contain a minimum of 4000m2

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of useable land and comply with setbacks (watercourses, boundaries) and council’s development assessment framework (DAF) for effluent disposal. The site analysis plan shows areas of the preferred location for effluent disposal for proposed lots 511, 512. There was an initial concern with the constructability of a proposed system on lot 511 but after the onsite discussion with installer Norm Campbell the proposed system (AWTS with sub surface irrigation) would not be cost prohibitive. Both newly created lots have sufficient area available for onsite sewage management”. The proposed new building envelopes and potential effluent disposal areas have been located in already cleared areas, with only minimal clearing required for access to proposed Lot 511. The proposed modification will have no significant environmental or socio-economic impacts. Due to the constraints on the site, the nominated effluent disposal area for Lot 511 and the building envelopes on the vacant allotment will be restricted on the title as a condition of consent. b) The suitability of the site for the development, The site is considered to be suitable for the proposed three lot subdivision. The proposed modification will not affect the overall suitability of the site for development. (d) any submissions made in accordance with this Act or the regulations As detailed above, one submission was received during the exhibition period which was in support of the proposed amendments. The proposal was originally referred to the NSW Rural Fire Service for an amended Bushfire Safety Authority in accordance with Rural Fires Act 1997. The RFS advised on the 30 June 2016 that “The Service has reviewed the submitted amendments and raises no objections subject to compliance with our previous terms of approval dated 25 July 2014”. When the lot layout was amended the application was again referred to the RFS who confirmed that they raised no objections subject to compliance with our previous terms of approval dated 30 June 2016. CONCLUSION The proposal has been assessed against the matters for consideration in Section 96(1A) and 79C of the Environmental Planning and Assessment Act 1979 and it is considered that the proposed modifications relating to the lot layout and access location can be supported. OFFICERS RECOMMENDATION That in accordance with Section 96 of the EP&A Act, it is recommended that amendments be made to the following original conditions numbered 1 & 10 respectively, and the insertion of two new conditions as follows: General 1. The subdivision of Lot 51 DP 1147254 No. 33 Glenburn Road Paterson being carried

out in accordance with the following information submitted with development application 63/2014, except as modified by the conditions of this consent:

- Plan of proposed subdivision of Lot 51 DP1147254, prepared by Graeme

Ferguson dated 29.07.2016; - Statement of Environment Effects, prepared by WN & DM Gray undated; - Bushfire Threat Assessment, prepared by Firebird ecoSultants Pty Ltd dated May

2014;

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- Geotechnical Investigation for On Site Sewerage Disposal System prepared by Valley Geotechnical (NSW) Pty Ltd dated 28/03/02

Prior to Issue of Construction Certificate 10. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval for: - Roadwork including associated drainage and erosion/sediment controls associated

with: Construction of an access track from Glenburn Road to the southern boundary of the

building envelope contained within Lot 511 including forming, gravelling and draining to provide a: -

A minimum of 4 metre wide, 100mm depth of gravel formation with 1 metre wide cleared verges. Provision of appropriately sized reinforced concrete piped drainage and

headwalls where required. 30(a). A designated building envelope approved by Council is to be delineated and fully

dimensioned on each vacant lot on the final plan of survey, and a Section 88b Instrument submitted for Council’s acceptance that restricts building outside of the building envelope.

Advice: A “building envelope” is a parcel of land suitable for the siting of a dwelling house which is not subject to hazards, such as bushfire risk, erosion, landslip, poor drainage soil or slope constraints, flooding, vegetation /habitat values, wildlife corridors, scenic amenity, buffer areas or the like, and –

(i) Is based on the principles of the NSW Floodplain Management Manual; (ii) If set back from a road at a reasonable distance so as not to result in creating

a visual intrusion on the rural landscape; (iii) Can be accessed by an all-weather road; and

30(b). Pursuant to section 88B of the Conveyancing Act easements and restrictions as-to-

user shall be created to achieve the following purposes:

(a) Prohibit clearing of native vegetation within the 20m riparian land buffer (b) Future development on Lot 511 must be carried so that the integrity of the

riparian vegetation is maintained in perpetuity. The required APZ is to be located within the building envelope, or alternately future dwelling construction standards should be increased in accordance with the Planning for Bushfire Protection Guidelines 2006. to reduce the APZ footprint.

(c) Prohibit the disposal of effluent outside of the nominated effluent disposal area on Proposed lot 511;

(d) Provide that all boundary fencing should allow for the movement of native fauna across the site and is free from ‘netting’ type material.

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Jenny Webb 2. J N CUSTODIAN PTY LTD – SECTION 96 MODIFICATION TO 5 LOT SUBDIVISION. DA39/2015 Development Application No. 39/2015 Owner: JN Custodian Pty Ltd Applicant: C/- Perception Planning Pty Ltd Land: Lot 218 DP 752497, No 288 Glen William Road,

Clarence Town Current Zone: R5 Large Lot Residential Area: 10.26 hectares Proposal: s96 Modification to 5 Lot Subdivision Issue: On-site effluent disposal and visual impact Precis: An application has been received under Section 96(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act) to modify Development Consent No 39/2015 for a 5 lot subdivision at Lot 218 DP 752497 No 288 Glen William Road, Clarence Town. Council granted development consent to the subdivision at the Ordinary Meeting of Council held on 15 December 2015. The Section 96 application seeks to modify the following components of the development:

Modification to lot layout/boundaries Modification of building envelopes Modification to effluent disposal areas Modification to condition 2 to enable a 30 metre separation between the building

envelopes of Lots 4 and 5, rather than a 50 metre separation. A 55 metre separation is proposed between the building envelopes of Lot 1 and 3 and Lot 3 and 4.

BACKGROUND Development Application 39/2015 for a 6 Lot subdivision was lodged in June 2015. Following the initial assessment, the application was amended to a 5 lot subdivision in order to provide sufficient area for on-site sewage management and to achieve the minimum 4,000m² usable area as required under the Development Assessment Framework (DAF). The application for the 5 lot subdivision was approved at the Ordinary Meeting of Council on 15 December 2015. The approved subdivision nominated building envelopes and effluent disposal areas for each lot and due to the location of the proposed building envelopes, the applicant also proposed to relocate the existing overhead power lines. The approved subdivision also included a condition of consent for a 50 metre separation to be provided between building envelopes to assist is reducing the visual impact of the development. The applicant is no longer proposing to relocate the overhead power lines and therefore a number of the approved building envelopes are proposed to be relocated to ensure that they can comply with the required buffer to overhead power lines (10 metres either side). This

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has subsequently resulted in minor changes to the lot boundaries and effluent disposal areas. SUBJECT SITE The site comprises a battle axe shaped allotment of approximately 10.2 hectares, located on the eastern side of Glen William Road. The property’s eastern boundary is the Williams River, with three watercourses also traversing the site. The eastern portion of the site falls steeply toward the Williams River. There is a relatively level area along the top of a minor ridge, before the land falls to the west toward Glen William Road. Vehicular access to the property is directly from Glen William Road, via the access handle, which is approximately 370 metres long and 40 metres wide.

Surrounding land uses are predominantly rural/rural residential in nature as follows:

North: Existing dwelling on 9.14 hectares zoned R5 Large Lot Residential East (across Williams River): RU1 Primary Production zoned land and dwelling houses South (Angela Close): Three rural residential dwellings zoned R5 Large Lot Residential West: Vacant land zoned R5 Large Lot Residential currently used for cattle grazing

PROPOSED MODIFICATION It is proposed to subdivide the subject land into five lots as detailed in the table below:

Lot No. Proposed Area (m²) Zone 1 15,600 R5 2 8,096 + 47,900 R5, E3 3 11,100 R5 4 8,049 R5 5 8,061 R5

No changes are proposed to the approved vehicular access, which is currently under construction. Each new lot complies with the minimum 8,000 m² of R5 zoned land and contains a building envelope and effluent disposal area. A plan of the approved and proposed subdivision layouts, including building envelopes is attached at Annexure ‘D’ (B:43). STATUTORY CONSIDERATIONS Integrated Development Pursuant to section 91 of the EP&A Act, the original development application was ‘integrated development’ as it required development consent and the following approvals:

Bushfire Safety Authority under section 100B of the Rural Fires Act 1997 for the subdivision of land that could lawfully be used for residential or rural residential purposes.

Controlled Activity Approval for works on waterfront land under the Water Management Act 2000.

General terms of approval were issued for the original development application and the revised proposal has been referred back to the NSW Rural Fire Service and the NSW Department of Primary Industries – Water. The Department of Primary Industries – Water has confirmed that the previously issued general terms of approval remain valid. However, no response has been received from the NSW Rural Fire Service within the specified timeframe of 40 days and therefore the previously issued general terms of approval/Bushfire Safety Authority conditions are also to remain.

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ANNEXURE ‘D’ TO ITEM NO. 2 – MANAGER PLANNING’S REPORT

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lbrighton.dunFile AttachmentMP 2 D.pdf

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Section 96 – Modification of Consents In accordance with Section 96(1A) of the EP&A Act, the consent authority may modify a development consent if:

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

Comment: The proposed modifications would have minimal environmental impact, with the most likely impact being from on site sewage management. In this regard, a Cumulative Impact Assessment has been prepared by Whitehead and Associates for the modified subdivision, which concludes that based on the analysis, the risk of nutrient, hydraulic and pathogen export to surface waters and groundwater will be negligible and that impacts of effluent on neighbouring properties or adjacent land are also considered unlikely, posing a low risk to public health and the environment.

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

Comment: The application remains substantially the same as that which was originally approved. The subdivision remains for 5 lots with a similar layout to the approved development.

(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a

development control plan that requires the notification or advertising of applications for modification of a development consent,

Comment: The application was placed on public exhibition and neighbour notification between 29 June 2016 and 29 July 2016. During this time, one submission was received.

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

Comment: One submission was received during the exhibition/notification period. The issues and concerns raised in the submission are detailed further in the report and a copy of the submission is included in Annexure ‘E’ (B:45). The proposed modification is considered to satisfy the above requirements of Section 96(1A) and therefore can be dealt with as a modification to the existing consent, rather than a new development application. Section 96(3) of the EP&A Act requires that, in determining an application for modification of a consent, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application. The proposed modification has been assessed under the relevant heads of consideration listed in Section 79C(1) of the Environmental Planning and Assessment Act 1979 as follows: Provisions of any environmental planning instrument. State Environmental Planning Policies The proposed modifications to the approved subdivision do not impact on the matters for consideration under the SEPP’s applicable to the development application. A summary of each of the applicable SEPPs is included in Annexure ‘F’ (B:46).

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ANNEXURE ‘E’ TO ITEM NO. 2 – MANAGER PLANNING’S REPORT

lbrighton.dunFile AttachmentMP 2 E.pdf

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ANNEXURE ‘F’ TO ITEM NO. 2 – MANAGER PLANNING’S REPORT

CONSIDERATION UNDER SECTION 79C The following assessment is based on the matters listed for consideration under Section 79C(1) of the Environmental Planning and Assessment Act, 1979. a) The provisions of:

(i) any environmental planning instrument;

State Environmental Planning Policy No. 44 – Koala Habitat Protection 1. This policy aims to encourage the

proper conservation and management of areas of natural vegetation that provide habitat for Koalas to ensure a permanent free-living population over their present range and reverse the current trend of Koala population decline: d) by requiring the preparation of

plans of management before development consent can be granted in relation to areas of core koala habitat, and

e) by encouraging the identification of areas of core koala habitat, and

f) by encouraging the inclusion of areas of core koala habitat in environment protection zones.

Schedule 1 of the policy lists a number of local government areas in which this policy applies. Dungog LGA is included in the Schedule. Therefore the proposal constitutes a development to which SEPP 44 applies. This SEPP applies to land that has an area of more than 1 hectare.

The subject site has an area of 10.26 hectares. The subject site has been largely cleared of native vegetation with some vegetation along the Williams River. Before granting consent to an application to carry out development on land to which the policy applies, Council must satisfy itself whether or not the land is a potential or core Koala habitat. ‘Potential Koala habitat’ is defined as areas of native vegetation where the trees listed in schedule 2 of SEPP 44 ‘constitutes at least 15% of the total number of trees in the upper and lower strata of the tree component’. If the site is found to contain potential koala habitat, further investigation for the presence of ‘core Koala habitat’ should be undertaken and if this habitat is found to be present, a detailed Plan of Management should be prepared. The subject site comprises predominantly of grasslands and has been cleared of native vegetation. Therefore the site appears not to constitute potential koala habitat given that there are a limited number of trees on site. Furthermore no vegetation removal is necessary for future building envelopes.

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State Environmental Planning Policy (Rural Lands) 2008 2. Clause 10 applies to land in a rural

zone, a rural residential zone or an environmental protection zone and sets out the matters to be taken into account in determining development applications for rural subdivisions or rural dwellings, as follows:

f) the existing uses and approved uses of land in the vicinity of the development,

a) Land to the north, south and west is zoned R5 Large Lot Residential. Adjoining land to the north and south of the subject site is characterised as rural residential development. The adjoining site to the west is currently used for low intensity cattle grazing. Land to east, across the Williams River is agricultural land zone RU1 Primary Production. From the aerial photo, it appears that at a dairy is located approximately 900 m away from the subject site and a poultry shed approximately 1.5 km. These buffers are considered sufficient to avoid landuse conflict with the subdivision of the subject site.

g) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

b) The surrounding land on the western side of the Williams River is zoned for large lot residential development, which will become the predominant use. There are existing dwellings to both the north and south of the site. The proposed subdivision is unlikely to have an impact on the existing agricultural land to the east of the Williams River.

h) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),

c) The proposed large lot residential subdivision is unlikely to be incompatible with any surrounding land uses.

i) if the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,

d) Not applicable as site is within a rural residential zone.

j) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

e) There is not expected to be any incompatibility with adjoining landuses.

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Dungog Local Environmental Plan 2014 1. The site is zoned R5 Large Lot

Residential and E3 Environmental Management under Dungog LEP 2014.

2. Clause 2.3 - Zone objectives and Land Use Table

The objectives of the R5 zone are:

The following comments are made in respect to the proposed subdivision and the objectives of the R5 Zone:

a) To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

a) The proposed lot layout and location of building envelopes ensures that future dwellings are located in the most appropriate area of the site and that future development, including structures and runoff are unlikely to have a detrimental impact on the Williams River or the adjoining land zoned E3 Environmental Management. A Visual Assessment has also been submitted with the application to assess the impact of the development from surrounding viewpoints, and subject to conditions regarding distances between building envelopes, landscaping and heights of buildings, the proposed subdivision is considered to adequately minimise the impacts on environmentally sensitive land.

b) To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

b) The subject site comprises a single allotment surrounded by land similarly zoned R5 Large Lot Residential. The subject site and the surrounding land has been identified as suitable for further subdivision. The application has been accompanied by a masterplan, which illustrates how the remaining land within the precinct could be developed in the future. The proposed subdivision is not expected to hinder the proper and orderly development of urban areas.

c) To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

c) The proposed 5 Lot subdivision would not unreasonably increase the demand for public services or public facilities. Each dwelling site would be reliant on tank water and on site sewage management. A new public road is proposed to service the new lots and to provide access to the future development of the adjoining lot to the east of the site.

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d) To minimise conflict between land uses within this zone and land uses within adjoining zones.

d) The land surrounding the site on the western side of the Williams River is zoned R5 Large Lot Residential and therefore future landuse conflicts are unlikely. The land to the east of the Williams River is zoned RU1 Primary Production. A dairy is located approximately 900 m away from the subject site and a poultry shed approximately 1.5 km. These buffers are considered sufficient to avoid landuse conflict with the subdivision of the subject site.

e) To isolate housing from existing intensive agriculture or future intensive agricultural areas.

f) There are no intensive agricultural uses in the vicinity of the subject site and there are no known proposals for future intensive agricultural uses.

The objectives of the E3 zone are:

a) To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

a) The eastern portion of the site is zoned E3 due to its frontage to the Williams River, which also comprises riparian vegetation identified as an Endangered Ecological Community. The E3 zoned land is to be contained within a single lot, with no development occurring within the zone. An EMP was submitted, which details re-vegetation and weed management for the environmentally sensitive area. No changes are proposed to this.

b) To provide for a limited range of development that does not have an adverse effect on those values.

b) The proposed development in the R5 zone is unlikely to have an adverse impact on the E3 zoned land due to the design and layout of the subdivision and building and effluent disposal envelopes.

c) To promote the rural amenity and scenic landscape values of the area and prevent the silhouetting of unsympathetic development on ridgelines.

d) The E3 portion of the subject site is located adjacent to the Williams River, on the lowest point of the site. The rural amenity of the small section of E3 zoned land would not be significantly impacted by the proposed subdivision.

Consequently the proposal is consistent with the zone objectives.

3. Clause 2.6 - Subdivision—consent requirements

Consent is being sought for subdivision of this land.

4. Clause 4.1 - Minimum subdivision lot size The min lot size for land zoned R5 is 8000m2.

The min lot size for land zoned E3 is 300ha.

Proposed Lots 1, 3, 4 and 5 are zoned R5 Large Lot Residential. The proposed lots have areas of 8,049 m² to 1.56 ha and comply with minimum lot size requirements of this zone.

Proposed Lot 3 contains approx. 4.79 ha of E3 land and therefore does not comply with this clause. Refer to Clause 4.1A below for permissibility.

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Clause 4.1A - Exceptions to minimum subdivision lot sizes for certain split zones

(1) The objectives of this clause are as follows:

(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,

(b) to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.

(2) This clause applies to each lot (an original lot) that contains:

The proposed subdivision complies with this clause as all the E3 Environmental Management zoned land is to be contained within a single lot (Lot 2), which also contains a minimum 8,000 m² of R5 Large Lot Residential zoned land. All other lots within the subdivision are zoned R5 Large Lot Residential and meet the minimum lot size under Clause 4.1.

(a) land in Zone RU5 Village, Zone R1 General Residential, Zone R5 Large Lot Residential or Zone IN1 General Industrial, and

(b) land in Zone RU1 Primary Production or Zone E3 Environmental Management.

(3) Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if:

(a) one of the resulting lots will contain all of the land in Zone RU1 Primary Production or Zone E3 Environmental Management that was in the original lot, and:

(i) an existing dwelling, or

(ii) land in Zone RU5 Village, Zone R1 General Residential, Zone R5 Large Lot Residential or Zone IN1 General Industrial that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land

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5 Clause 6.1- Acid sulfate soils The subject site is affected by acid sulphate soils Class 5.

Works would not lower the water table below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. No further investigations are required for this proposed subdivision.

6 Clause 6.3 - Flood planning

The site is identified within a flood planning area map.

(1) The objectives of this clause are as follows:

o to minimise the flood risk to life and property associated with the use of land,

o 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,

o to avoid significant adverse impacts on flood behaviour and the environment.

Council records indicate that a small portion of the subject site is affected by the 1:100 flood to a maximum of RL 13.6m AHD.

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

The proposed subdivision is considered to be:

(a) is compatible with the flood hazard of the land, and

a) Compatible with flood hazard as no dwellings or building are located within the flood prone area;

(b) will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

b) No filling is proposed within the flood prone area of the site. The watercourse crossing for the public road has been adequately addressed through the use of culverts to maintain existing flows;

(c) incorporates appropriate measures to manage risk to life from flood, and

c) Flood free evacuation is available to the site;

(d) will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

d) Nearby watercourses are unlikely to be impacted provided suitable stormwater, effluent disposal and erosion control measures are implemented as per the consent conditions;

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

e) The proposed subdivision is not expected to have any costs to the community in terms of impacts from flooding.

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Clause 6.4 – Stormwater management

The proposed subdivision is considered to be consistent with the clause as water permeable surfaces have been maximised, and the building envelopes, effluent disposal areas and road stormwater has been designed to largely drain away from the Williams River.

(1) The objective of this clause is to minimise the impacts of urban stormwater on land to which this clause applies and on adjoining properties, native bushland and receiving waters

(2) This clause applies to all land in residential, business and industrial zones.

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and

(b) includes, if practicable, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water, and

(c) avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

7. Clause 6.5 - Drinking water catchments

The subject site is located within the Williams River drinking water catchment.

The proposed development is unlikely to have an adverse impact on the quality and quantity of water in the Williams River. The construction of the road and RoW are located to the west of the ridgeline, which drains away from the Williams River. The road design is to incorporate swales and details of the stormwater system is to be submitted prior to the issue of a Construction Certificate.

(3) The consent authority must consider the following:

(a) whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to the following:

(i) the distance between the development and any waterway that feeds into the drinking water storage,

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(ii) the on-site use, storage and disposal of any chemicals on the land,

The Effluent disposal assessment and Cumulative Impact Assessment has been carried out in accordance with the DAF and concludes that any adverse impact would be unlikely.

(iii) the treatment, storage and disposal of waste water and solid waste generated or used by the development,

(b) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse impact on water quality and flows, or

The lot layout, building envelopes and effluent disposal areas have been sited to minimise any impact on watercourses.

(b) if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised—the development will be managed to mitigate that impact.

8 Clause 6.6 Riparian land and watercourses While the site contains riparian land adjacent to the Williams River, no development is

proposed within the mapped area or within 40 metres of the bank of the Williams River.

(1) The objective of this clause is to protect and maintain the following:

(a) water quality within watercourses,

(b) the stability of the bed and banks of watercourses,

(c) aquatic and riparian habitats, (d) ecological processes within

watercourses and riparian areas.

(2) This clause applies to all of the following:

(a) land identified as “Watercourse” on the Riparian Lands and Watercourses Map,

(b) all land that is within 40 metres of the top of the bank of each watercourse identified as “Watercourse” on that map.

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Clause 6.10 Williams River Catchment

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered whether the development:

(a) promotes the sustainable use of land, water, vegetation and other natural resources within the Williams River Catchment, and

(a) The land is suitable for large lot residential development. The riparian vegetation is to be improved and maintained in accordance with the EMP.

(b) promotes the protection and improvement of the environmental quality of the Williams River Catchment, and

(b) Due to the design and layout of the proposed subdivision, the environmental impact has been minimised.

(c) will have any significant adverse impacts on water quality within the Williams River Catchment, and

(c) The CIA submitted in accordance with the DAF concludes that the appreciable impacts of effluent on neighbouring properties or adjacent land are unlikely and the OSSM poses a low risk to public health or the environment.

(d) is consistent with the Williams River Catchment Regional Planning Strategy published in September 1997 by The Department of Planning and Environment

(d) The proposal is consistent with the Williams River Catchment Regional Planning Strategy

(iv) any draft environmental planning instrument that is or has been placed on

public exhibition and details of which have been notified to the consent authority;

There are no draft environmental planning instruments applying to this land or development proposal.

(iii) any development control plan;

Dungog Development Control Plan No. 1

1. Part C Section 2 Development in Rural Residential Zones of DCP No.1 sets out provisions for rural/ residential development.

Roads and Road Access Reducing vehicular conflict and the potential for conflict through a significant reduction in the number of driveway access points to collector road.

There is an existing access off Glen William Road to the site. It is proposed that a new public road is constructed to provide permanent access to the new lots and to any future subdivision of the adjoining property at No 320 Glen William Road

B: 55


Pedestrian and Cycle Access A network of shared pathways providing safe pedestrian and cycle access in and between subdivisions and, where feasible, between the subdivisions and the nearby settlement.

There are no existing pedestrian and/or cycle paths in the vicinity of the site.

Existing Pattern of Subdivision Co-ordinated approach

which results in masterplans that demonstrate staged subdivision and land release and avoid sterilisation of adjoining properties.

A high level masterplan has been submitted with the application. The proposed subdivision would not sterilise any adjoining land and the proposed road will provide vehicular access for the subdivision of the site immediately to the west of the subject site.

Create the opportunity for the development of an integrated community, not a series of separate enclaves.

Habitat Protection Preservation and

protection of habitat that supports viable wildlife communities, particularly rare and endangered species.

Existing vegetation along the Williams River will be protected and maintained in accordance with the EMP submitted with the application.

Establishment of a network of interconnected wildlife corridors not isolated protection zones or remote 'islands' of habitat.

Protection of watercourses and the vegetation along these watercourses.

Bushfire To minimise the risk to

people and property from the impacts of bushfire

Conditional approval was granted by the NSW RFS to the original application and these conditions will remain.

B: 56


Waterways – River Foreshores Protection of riparian

vegetation.

The existing vegetation along the river is located within the E3 Environmental Management Zone and will be protected from development. Water Quality is unlikely to be impacted due to the design and location of OSSM.

Access to the river foreshore in this location is not considered suitable due to the steep nature of the land and the potential for soil erosion and vegetation removal.

The small area of the site that is flood affected is outside of the development footprint and therefore flooding is not expected to be a significant issue for the subject site. During flood events, access to Glen William Road would still be available.

Maintenance of water quality and water flow.

Providing public or community access to the river foreshore areas.

Minimising the impact of flooding on people and property.

Visual Impact Retention of the rural

character and setting of the Shire.

Retention of areas of high scenic value, including hills, the river valleys and the rural vistas on the access roads into villages.

Minimise visual impact of rural residential development from the main routes through villages. New development will be appropriately sited with landscaped buffers to these main routes.

Through landscaping, establish entry statements to the villages along the main access roads to create a sense of arrival to a destination point.

2. Part C, Section 3 Building Line Setbacks of DCP No. 1 sets out the general requirements for building line setbacks in the R5 Large Lot Residential zone (i.e. former Rural Lifestyle 1(1) zone.) Buildings are required to be setback 50m from a public road (15 m from new roads within the subdivision). In addition, buildings must be set back at least 10m from side and rear property boundaries.

Future dwellings within the nominated building envelopes can comply with the setback stated in the DCP, including a minimum of 10m from side boundaries.

B: 57


3. Part C, Section 5 Bushfire of the DCP No.1 outlines requirements in respect of applications to carry out development on bushfire prone land.

According to Council’s Bushfire Prone Land map, the eastern section of the subject site is mapped as bushfire prone land. The RFS has issued a Bushfire Safety Authority for the proposed subdivision under section 100B of the Rural Fires Act 1997 subject to conditions.

4. Part C, Section 16 Biodiversity of the DCP No.1 requires applicants to consider the potential impacts of the development on biodiversity.

The majority of the site has been cleared for grazing purposes. The area of vegetation along the Williams River is to be retained.

5. Part D, Section 6 the Clarence Town Local Area Plan (LAP).

Most of Area J2 is highly suitable for further development. The existing pattern of subdivision is also largely conducive to further subdivi

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