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DEVELOPMENT APPLICATION

for

Quarry

LOT 101 in DP 1049845

BUNDABAH ROAD

BUNDABAH

MID,COAS --- --_ T COUNCiL--

7 , DEe ZQ16

R~CORDS

PREPARED BY

TATTERSALL LANDER

PTYLTD

DEVELOPMENT CONSULTANTS

December 2016

DEVELOPMENT CONSULTANTS IN ENGINEERING, SURVEYING, PLANNING & ENVIRONMENTAL

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TABLE of CONTENTS

INTRODUCTION.. .......... ................................ ..................... ................ .................

3

SITE DESCRIPTION ..................................................................................................

3

THE PROPOSAL...................................................................................................... 3

LAND OWNERSHIP ............................. ... ........................ ........ ........ ........ .............. ....

4

STATE ENVIRONMENTAL PLANNING POLICY No. 71 - COASTAL PROTECTION.............. 5

STATEMENT OF ENVIRONMENTAL EFFECTS............................................... 10

GREAT LAKES LOCAL ENVIRONMENTAL PLAN 2014 ...............................................10

GREAT LAKES DEVELOPMENT CONTROL PLAN ......................................................

14

LIKELY ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACTS ....................................16

RURAL FIRES ACT 1997 .......................................................................................16

SUITABILITY OF THE SITE FOR THE DEVELOPMENT...................................................16

THE PUBLIC INTEREST.... .......................... ........ ............................. .... .............. .....

17

CONCLUSION ...................................................................................................

17

APPENDICES

ApPENDIX A: AERIAL PHOTOGRAPH

ApPENDIX B: PLANS

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INTRODUCTION

Site Description

The subject site is identified as Lot 101 in DP 1049845 and is located at Bundabah

Road, Bundabah in the MidCoast Local Government Area. The total site area is

approximately 66.76 hectares, and is bordered by North Arm Cove (to the west) and

Fame Cove (to the east).

The site is rural in nature and comprises a mix of both cleared and vegetated areas. The

topography is sloping with some steep sections towards the southern section of the site.

There are first order streams on the site (refer Strahler system) as well as a farm dam.

e There are no structures currently on the site.

The Proposal

The proposal is for the formalisation of an existing borrow pit to a quarry; this quarry is

for materials for use on site and will not exceed 25,000 cubic metres of material per

year. It is specifically noted that the proposal is not identified as designated

development.

Designated development for an extractive industry and as defined by schedule 3 of the

Environmental Planning and Assessment Regulation (2000) is an activity:

e(a) that obtain or process for sale, or reuse, more than 30,000 cubic metres of

extractive material per year,

Comment - The proposal shall excavate no more than 25,000 cubic metres per

year.

(b) that disturb or will disturb a total surface area of more than 2 hectares of land by:

(i) clearing or excavating, or

(ii) constructing dams, ponds, drains, roads or conveyors, or

(iii) storing or depos ng overburden, extractive material or tailings,

Comment - The area of the proposed quarry is approximately 0.5 hectare and is in

an area which has previously been cleared of vegetation. The proposed quarry shall

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not require a dam, pond, drains or conveyor, and the road to the proposed quarry

site is existing. Stockpiling of materials shall be limited and shall be undertaken so

as not to impact upon existing vegetation.

(c) that are located:

(i) in or within 40 metres of a natural waterbody, wetland or an environmentally

sensitive area,

Comment - Whilst there are first order streams on the site, the proposed quarry is

not within 40 metres of any of these stream, natural waterbodies, wetlands, or other

environmentally sensitive areas.

(ii) within 200 metres of a coastline,

Comment - The proposal is not within 200 metres of the coastline.

(iii) in an area of contaminated soil or acid sulphate soil,

Comment - The proposal is not in an area containing contaminated soil or ASS.

(iv) on land that slopes more than 18 degrees to the horizontal,

Comment - The proposed quarry is not located on land exceeding 18 degrees.

(v) if involving blasting, within 1,000 metres of a residential zone or within 500

metres of a dwelling not associated with the development,

Comment - No blasting shall occur during the operation of this quarry.

(vi) within 500 metres of the site of another extractive industry that has operated

during the last 5 years.

Comment - There are no other extractive industries within 500 metres of the

proposal.

e The location of the proposed quarry is identified on the attached plan (refer Appendix B).

Land Ownership

The subject site is owned by Tea Garden Farms Pty Limited and the relevant signatures

have been provided to enable lodgement of this Development Application.

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Photograph 1 - existing borrow pit

State Environmental Planning Policy 71 - Coastal Protection

The aims of this policy are:

(a) to protect and manage the natural, cultural, recreational and economic attributes of

the New South Wales coast, and

(b) to protect and improve existing public access to and along coastal foreshores to the

extent that this is compatible with the natural attributes of the coastal foreshore, and

(c) to ensure that new opportunities for public access to and along coastal foreshores

are identified and realised to the extent that this is compatible with the natural

attributes of the coastal foreshore, and

(d) to protect and preserve Aboriginal cultural heritage, and Aboriginal places, values,

customs, beliefs and traditional knowledge, and

(e) to ensure that the visual amenity of the coast is protected, and

(f) to protect and preserve beach environments and beach amenity, and

(g) to protect and preserve native coastal vegetation, and

(h) to protect and preserve the marine environment of New South Wales, and

(i) to protect and preserve rock platforms, and

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OJ to manage the coastal zone in accordance with the principles of ecologically

sustainable development (within the meaning of section 6 (2) of the Protection of the

Environment Administration Act 1991), and

(k) to ensure that the type, bulk, scale and size of development is appropriate for the

location and protects and improves the natural scenic quality of the surrounding

area, and

(I) to encourage a strategic approach to coastal management.

Comment - (a) The proposal is to be located in a previously cleared and disturbed area

so that it shall not impact upon the natural features of the site; the proposal shall not

impact upon the recreational attributes of the site and shall be of economic benefit to the

site.

e (b) The proposal shall not alter any existing legal foreshore ac ss and there is no

potential to increase any public access to the foreshore through the site.

(c) Refer previous point (b).

(d) Given the previously disturbed nature of this section of the site, it is considered that

there are no Aboriginal items etc of significance which may otherwise be impacted upon.

(e) The proposal will result in physical change to a small section of the site, however, it is

considered that the amenity shall be protected due to the location of the proposal, which

has been chosen to ensure that the project is not visible from any neighbouring

properties or public pla s.

(f) There are no beach environments in the location.

(g) The design of the proposal is such that there shall be no removal of any significant

coastal vegetation.

e (h) The proposal shall not impact upon the marine environment.

(i) There are no rock platforms in the vicinity of the development.

U) It is considered that the proposal is consistent with the principles of ESD.

(k) The type, bulk, and scale of the proposal is considered appropriate for the location

and the location has been selected to ensure that the natural scenic quality of the

location shall not be adversely affected.

(I) It is considered that the proposed development represents a strategic approach to

coastal management.

The matters for consideration under this policy are stipulated in clause 8 and include:

(a) the aims of this Policy set out in clause 2, 6

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(b) existing public access to and along the coastal foreshore for pedestrians or persons

with a disability should be retained and, where possible, public access to and along

the coastal foreshore for pedestrians or persons with a disability should be

improved,

(c) opportunities to provide new public access to and along the coastal foreshore for

pedestrians or persons with a disability,

(d) the suitability of development given its type, location and design and its relationship

with the surrounding area,

(e) any detrimental impact that development may have on the amenity of the coastal

foreshore, including any significant overshadowing of the coastal foreshore and any

significant loss of views from a public place to the coastal foreshore,

_ (f) the scenic qualities of the New South Wales coast, and means to protect and

improve these qualities,

(g) measures to conserve animals (within the meaning of the Threatened Species

Conservation Act 1995) and plants (within the meaning of that Act), and their

habitats,

(h) measures to conserve fish (within the meaning of Part 7 A of the Fisheries

Management Act 1994) and marine vegetation (within the meaning of that Part), and

their habitats

existing wildlife corridors and the impact of development on these corridors,

the likely impact of coastal processes and coastal hazards on development and any

likely impacts of development on coastal processes and coastal hazards,

measures to reduce the potential for conflict between land-based and water-based

coastal activities,

measures to protect the cultural places, values, customs, beliefs and traditional

knowledge of Aboriginals,

likely impacts of development on the water quality of coastal waterbodies,

the conservation and preservation of items of heritage, archaeological or historic

significance,

only in cases in which a council prepares a draft local environmental plan that

applies to land to which this Policy applies, the means to encourage compact towns

and cities,

(p) only in cases in which a development application in relation to proposed

development is determined:

(i)

(j)

(k)

e(I)

(m)

(n)

(0)

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(i) the cumulative impacts of the proposed development on the environment, and

(ii) measures to ensure that water and energy usage by the proposed development

is efficient.

Comment - (a) the aims of this policy have been addressed above.

(b) It is considered that the status quo shall remain and is acceptable with regard to

public access to the foreshore.

(c) The proposal will have no impact upon the foreshore access and there is no

requirement to Improve foreshore access shall through privately owned land.

(d) It is considered that the proposal is appropriate for the location as it will have no

adverse impacts upon the ecological qualities of the location, nor on the aesthetics.

(e) It is considered that the proposal shall have no detrimental impact upon the foreshore

and that there are no overshadowing issues of loss of views.

(f) The proposal will not have any adverse impact upon the scenic qualities of the New

South Wales coast.

(g) Given the disturbed nature of the site, it may be considered that an ecological

assessment is not required and that there will be no impact upon flora and fauna as a

result of this proposal.

(h) The proposal will not have any adverse impact upon fish, marine vegetation, or their

habitats as the proposal does not include any structures in or over the water and there

shall be no discharge of runoff as a result of the proposal.

(i) Given that no vegetation of significance is to be removed, it may be stated that there

will be no impact upon wildlife corridors.

The location of the proposal is such that there will be no impact on coastal process

and the proposal shall not be impacted upon by coastal processes.

(k) The proposal will not result in any conflict between land and water based activities or

uses.

(I) As stated previously, this location has seen previous disturbance to the degree that it

is considered that there can be no Aboriginal significance; during excavation work, if any

items of suspected Aboriginal significance are located, works shall cease immediately

and both the NSW Police and National Parks and Wildlife Service are to be notified;

works will not recommence until given the "go-ahead" by the relevant authorities.

(m) The proposal will not have any impact upon any waterbodies.

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(n) There are no known or suspected items of heritage or historical significance on the

site, however, should any suspected such items be discovered, works shall cease

immediately and the relevant authorities shall be notified.

(0) There are no draft LEPs relevant to this site and hence this point is not relevant.

(p) It is considered that the proposal shall not contribute towards cumulative

development impacts.

Other clause of this policy which are relevant include:

--

14 Public access

A consent authority must not consent to an application to carry out development on land

to which this Policy applies if, in the opinion of the consent authority, the development

will, or is likely to, result in the impeding or diminishing, to any extent, of the physical,

land-based right of access of the public to or along the coastal foreshore.

Comment - The proposal will in no way result in any diminishing land based (or water

based) access to the coastal foreshore, either actual or perceived.

e

15 Effluent disposal

The consent authority must not consent to a development application to carry out

development on land to which this Policy applies in. which effluent is proposed to be

disposed of by means of a non-reticulated system if the consent authority is satisfied the

proposal will, or is likely to, have a negative effect on the water quality of the sea or any

nearby beach, or an estuary, a coastal lake, a coastal creek or other similar body of

water, or a rock platform.

Comment - The proposal will not result in any effluent production and hence this clause

is not relevant.

16 Stormwater

The consent authority must not grant consent to a development application to carry out

development on land to which. this Policy applies if the consent authority is of the opinion

that the development will, or is likely to, discharge untreated stormwater into the sea, a

beach, or an estuary, a coastal lake, a coastal creek or other similar body of water, or

onto a rock platform.

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Comment - No untreated stormwater shall be, or is likely to be discharged into the

adjacent North Arm or Fame Coves, or into any of the first order streams on the subject

site.

STATEMENT OF ENVIRONMENTAL EFFECTS

Great Lakes Local Environmental Plan 2014

The subject site is zoned RU2 - Rural Landscape under the LEP (Map LZN_006). The

objectives of the RU2 zone are:

e . To encourage sustainable primary industry production by maintaining and

enhancing the natural resource base.

. To maintain the rural landscape character of the land.

. To provide for a range of compatible land uses, including extensive agriculture.

. To provide for rural tourism in association with the primary industry capability of

the land which is based on the rural attributes of the land.

. To secure a future for agriculture in the area by minimising the fragmentation of

rural land and loss of potential agricultural productivity.

Comment - The proposal is permissible with consent under the provisions of the LEP

and is consistent with the above stated objectives.

tit Clause 5.5 Development within the coastal zone

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

(a) to provide for the protection of the coastal environment of the State for the

benefit of both present and future generations through promoting the principles

of ecologically sustainable development,

Comment - The proposal is considered acceptable and appropriate for the location

as, although it is located within the coastal zone, the quarry will not be visible from

the water or any other public place. The material is to be used for road construction

on the site and it is considered that the extraction of the required material on site,

close to the works, is the most ecologically sustainable method of extraction.

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(b) to implement the principles in the NSW Coastal Policy, and in particular to:

(i) protect, enhance, maintain and restore the coastal environment, its

associated ecosystems, ecological processes and biological diversity and

its water quality, or

(ii) protect and preserve the natural, cultural, recreational and economic

attributes of the NS W coast,

provide opportunities for pedestrian public access to and along the

coastal foreshore, and

recognise and accommodate coastal processes and climate change, and

protect amenity and scenic quality, and

protect and preserve rock platforms, beach environments and beach

amenity, and

protect and preserve native coastal vegetation, and

protect and preserve the marine environment, and

ensure that the type, bulk, scale and size of development is appropriate

for the location and protects and improves the natural scenic quality of the

surrounding area, and

(x) ensure that decisions in relation to new development consider the broader

and cumulative impacts on the catchment, and

(xi) protect Aboriginal cultural places, values and customs, and

(xii) protect and preserve items of heritage, archaeological or historical

significance.

Comment - the actual location of the proposal is such that there shall be no

e impact upon coastal systems, the ecology, flora and fauna, archaeological,

Aboriginal, or other heritage items, scenic quality or rock platforms.

(2) Development consent must not be granted to development on land that is wholly or

partly within the coastal zone unless the consent authority has considered:

(a) existing public access to and along the coastal foreshore for pedestrians

(including persons with a disability) with a view to:

(i) maintaining existing public access and, where possible, improving that

access, and

(ii) identifying opportunities for new public access, and

(b) the suitability of the proposed development, its relationship with the surrounding

area and its impact on the natural scenic quality, taking into account:

11

(iii)

(iv)

(v)

(vi)

e(vii)

(viii)

(ix)


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(i) the type of the proposed development and any associated land uses or

activities (including compatibility of any land-based and water-based

coastal activities), and

(ii) the location, and

(iii) the bulk, scale, size and overall built form design of any building or work

involved, and

(c) the impact of the proposed development on the amenity of the coastal

foreshore including:

(i) any significant overshadowing of the coastal foresh re, and

(ii) any loss of views from a public place to the coastal foreshore, and

(d) how the visual amenity and scenic qualities of the coast, including coastal

headlands, can be protected, and

(e) how biodiversity and ecosystems, including:

(i) native coastal vegetation and existing wildlife corridors, and

(ii) rock platforms, and

(iii) water quality of coastal waterbodies, and

(iv) native fauna and native flora, and their habitats,

can be conserved, and

(f) the cumulative impacts of the proposed development and other development on

the coastal catchment.

Comment -These points (Subclause (2)) have all been addressed in SEPP 71

(above) and the proposal is considered acceptable in this regard. Additionally, it is to

be noted that the proposal will not result in any overshadowing or impact upon any

views.

e

(3) Development consent must not be granted to development on land that is wholly or

partly within the coastal zone unless the consent authority is satisfied that:

(a) the proposed development will not impede or diminish, where practicable, the

physical, land-based right of access of the public to or along the coastal

foreshore, and

(b) if effluent from the development is disposed of by a non-reticulated system, it

will not have a negative effect on the water quality of the sea, or any beach,

estuary, coastal lake, coastal creek or other similar body of water, or a rock

platform, and

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(c) the proposed development will not discharge untreated stormwater into the sea,

or any beach, estuary, coastal lake, coastal creek or other similar body of water,

or a rock platform, and

(d) the proposed development will not:

(i) be significantly affected by coastal hazards, or

(ii) have a significant impact on coastal hazards, or

(iii) increase the risk of coastal hazards in relation to any other land.

Comment -These points (Subclause (3)) have all been addressed in SEPP 71

(above) and the proposal is considered acceptable in this regard.

Clause 7.1 Acid sulfate soils

Comment - The relevant mapping identifies the site as Class 5 Acid Sulfate; this

classification requires further investigation for development including works within 500

metres of an adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height

Datum AND by which the watertable is likely to be lowered below 1 metre Australian

Height Datum on adjacent Class 1, 2, 3 or 4 land. Whilst the proposal is within 500

metres of ASS Class 1, 2 and 4 land, the proposal will not result in a lowering of the

watertable on this land and therefore no further investigation or comment is required in

this regard.

7.2 Earthworks

(1) The objective of this clause is to ensure that earthworks for which development

consent is required will not have a detrimental impact on environmental functions

and processes, neighbouring uses, cultural or heritage items or features of the

surrounding land.

(2) Development consent is required for earthworks unless:

(a) the earthworks are exempt development under this Plan or another applicable

environmental planning instrument, or

(b) the earthworks are ancillary to development that is permitted without consent

under this Plan or to development for which development consent has been

given.

(3) Before granting development consent for earthworks (or for development involving

ancillary earthworks), the consent authority must consider the following matters:

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(a) the likely disruption of, or any detrimental effect on, drainage patterns and soil

stability in the locality of the development,

(b) the effect of the development on the likely future use or redevelopment of the

land,

(c) the quality of the fill or the soil to be excavated, or both,

(d) the effect of the development on the existing and likely amenity of adjoining

properties,

(e) the source of any fill material and the destination of any excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to, and potential for adverse impacts on, any waterway, drinking

water catchment or environmentally sensitive area,

(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts

of the development.

Comment - The proposal shall include earthworks. These earthworks shall include the

appropriate erosion and sediment control measures and it is considered that the

proposal shall not impact upon the existing drainage regime. All excavated materials are

to be used on site for road construction. The location of the proposed quarry is greater

than 40 metres from any stream or waterbody.

7.5 Stormwater Management

Comment - A stormwater management plan is not required for this proposal - the

erosion and sediment control plan shall ensure no runoff issues and runoff from the area

e shall simply be dispersed via infiltration. It is specifically noted that the proposal will not

increase any impermeable areas.

Great Lakes Development Control Plan

The overriding aim of this DCP is to create and maintain a high level of development and

environmental quality throughout the Great Lakes.

The objectives and controls within this Plan therefore aim to:

14


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It

. ensure development responds to the characteristics of the site and the qualities

of the surrounding neighbourhood.

. ensure new development creates a unified landscape and contributes to the

streetscape.

. ensure development reinforces the importance of pedestrian areas and creates

an attractive design outcome.

. inspire design innovation for residential, commercial and industrial development.

. provide a high level of access to and within development.

. protect environmentally sensitive areas from over-development or visually

intrusive development so that scenic qualities, as well as the biological and

ecological values of those areas, are maintained.

. achieve environmentally, economically and socially sustainable development for

the community of the Great Lakes.

The proposal is considered consistent with the character of the area and will not result in

any adverse environmental, social, or economic impacts. It is considered that the

proposal is consistent with the aims and objectives of the DCP. The relevant sections of

the Great Lakes Development Control Plan have been addressed below:

e

4 Environmental Considerations

4.1 Ecological Impacts

Given the area of the site relevant to the proposal is devoid of any vegetation of

significance, and that adequate erosion and sediment control procedures shall be in

place, it is considered that the proposal will not and cannot have any adverse ecological

impacts.

4.7 Bush Fire

Given that the proposal does not involve any structures and is not located within 10

metres of any structure, it may be stated that there are no issues relating to bush fire

protection planning or management, and that speCifically there is no requirement for a

bush fire assessment.

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Likely Environmental, Social and Economic Impacts

Environmental - the proposal will not require the removal of any vegetation of

significance and it is considered that the proposal will not have any notable adverse

environmental impact. The fact that the material is to be used on site means that in

effect it may be considered that the proposal will have a positive environmental impact

by reducing transport kilometres, as without this quarry, material would be required to be

quarried elsewhere and transported to site.

Social - the proposal will not have any adverse social impact.

Economic - the proposal will not have any adverse economic impacts.

It

Rural Fires Act 1997

The site is identified as bush fire prone on the Great Lakes bush fire Prone Land Map

and a site investigation has revealed that this is accurate; due to the fact that the

proposal does not include any structures and is not within 10 metres of any structure, a

bush fire assessment is not required.

Suitability of the Site for the Development

The site is considered suitable for the proposal for the following reasons:

e. The site is zoned appropriately for the proposal.

. The relevant clauses of the relevant Environmental Planning Instruments are

satisfactorily met.

. There will be no adverse environmental, social, or economic impacts.

. There are no site constraints which would otherwise impede or prevent this

development.

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The Public Interest

It is considered that there are no reasons relevant to the public interest which would

otherwise cause the delay or refusal of this proposal.

CONCLUSION

This proposal is for a quarry which is not designated development, at Bundabah Road,

Bundabah - Lot 101 in DP1049845 in the MidCoast Local Government Area.

The relevant Planning Instruments have all been addressed and the proposal is

considered compliant in all regards and is hereby submitted to MidCoast Council for

assessment and approval.

17


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