independent hearing and assessment panel - camden council

Independent Hearing and Assessment Panel

Agenda 17 April 2018

Camden Council Administration Centre

70 Central Avenue, Oran Park

This is the report submitted to the Independent Hearing and Assessment Panel Meeting held on 17 April 2018 - Page 5

INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING

ORDER OF BUSINESS

IHAP01 Construction of a New Registered Club and Golf Academy, Maintenance Shed, Outdoor Seating Area, Car Parking, Landscaping, Associated Site Works and use of the Nine (9) Hole Golf Course Subject To DA/2015/840/1 At 880 Camden Valley Way, Gledswood Hills ............................................................................................................ 6


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INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING

IHAP01

SUBJECT: CONSTRUCTION OF A NEW REGISTERED CLUB AND GOLF ACADEMY, MAINTENANCE SHED, OUTDOOR SEATING AREA, CAR PARKING, LANDSCAPING, ASSOCIATED SITE WORKS AND USE OF THE NINE (9) HOLE GOLF COURSE SUBJECT TO DA/2015/840/1 AT 880 CAMDEN VALLEY WAY, GLEDSWOOD HILLS

FROM: Director Planning and Environment TRIM #: 18/100208

DA Number: 2017/678/1

Proposed Development:

Construction of a new registered club and golf academy, maintenance shed, outdoor seating area, car parking, landscaping, associated site works and use of the nine (9) hole golf course constructed subject to DA/2015/840/1.

Estimated Cost of Development:

$2,925,621

Site Address(es): 880 Camden Valley Way, Gledswood Hills

Applicant: SJB Planning

Owner(s): SH Camden Valley Pty Ltd

Number of Submissions:

Nil

Development Standard Variation(s):

Nil

Classification: Nominated Integrated

Recommendation: Deferred Commencement, subject to conditions

IHAP Referral Criteria: Sensitive Development

The proposed registered club will require one of the following liquor licences:

- A club licence under the Registered Clubs Act 1976;

- A hotel (general bar) licence under the Liquor Act 2007, or;

- An on-premises licence for public entertainment venues under the Liquor Act 2007.

Report Prepared By: Adam Sampson, Executive Planner

PURPOSE OF REPORT The purpose of this report is to seek the Camden Independent Hearing and Assessment Panel’s (the IHAP’s) determination of a development application (DA) for


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the construction of a new registered club and golf academy, maintenance shed, outdoor seating area, car parking, landscaping, associated site works and use of the nine (9) hole golf course constructed subject to DA/2015/840/1 at 880 Camden Valley Way, Gledswood Hills. The IHAP is the consent authority for this DA as, pursuant to the Minister for Planning’s Section 9.1 Direction, the development is ‘Sensitive Development’, as the new registered club development will require one of the following licences:

i) A club licence under the Registered Clubs Act 1976; ii) A Hotel ( general bar ) licence under the Liquor Act 2007; iii) An on-premises licence for public entertainment venues under the Liquor

Act 2007. SUMMARY OF RECOMMENDATION That the IHAP determine by way of a deferred commencement determination DA/2017/678/1 for the construction of a new registered club and golf academy, maintenance shed, outdoor seating area, car parking, landscaping, associated site works and use of the nine (9) hole golf course constructed subject to DA/2015/840/1 pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979 by granting a deferred commencement consent subject to the conditions attached to this report. EXECUTIVE SUMMARY Council is in receipt of a DA for the construction of a new registered club and golf academy, maintenance shed, outdoor seating area, car parking, landscaping, associated site works and use of the nine (9) hole golf course constructed subject to DA/2015/840/1 at 880 Camden Valley Way, Gledswood Hills. The DA has been assessed against the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, relevant environmental planning instruments, development control plans and policies. The DA was publicly exhibited for a period of 30 days in accordance with Camden Development Control Plan 2011. The exhibition period was from 8th November 2017 to 7th December 2017. No submissions were received. Based on the assessment, it is recommended that the DA be approved on a deferred commencement basis, subject to the conditions attached to this report. COMPLIANCE WITH KEY PLANNING CONTROLS

Clause Requirement Provided Compliance

2.3 Zone objectives and Land Use Table

The land use table at the end of this Part specifies for each zone: a) The objectives

for development b) Development that

may be carried out without development

The proposed development is defined as a ‘ Registered Club ‘ by Camden Local Environmental Plan 2010. The proposed development is wholly located within the RE2 – Private Recreation Zone.

Yes. Permissible development


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Clause Requirement Provided Compliance

consent, and c) Development that

may be carried out only with development consent, and

d) Development that is prohibited/

4.3 Height of buildings (Camden Local Environmental Plan 2010)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. There is no height limit for this site.

8.7m Yes

AERIAL PHOTO

Image 1 – Aerial Site Photo THE SITE The site is commonly known as 880 Camden Valley Way, Gledswood Hills and is legally described as PLt: 1 DP 1233370 and has an overall area of 28.05 hectares. The site is irregular in shape and is located on the eastern side of Camden Valley Way. The site has a frontage of approximately 715.86 metres to Camden Valley Way. The site


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includes various sized stands of Cumberland Plan Woodland, which is currently being considered for Biodiversity Certification. The site was formerly known as El Caballo Blanco and formed part of a large entertainment park, housing Spanish Andalusian dancing stallions and a range of amusements including waterslides, train rides, go-karting, and a small wildlife zoo. The site is currently vacant, with all former structures of the entertainment park having been demolished. At present the site is being developed for recreation (Golf course) and residential land use, with remediation work being undertaken to ensure that the site is suitable for each purpose. To the west on the opposite side of Camden Valley Way lies the rural/rural – residential suburb of Catherine Field. To the east, the Upper Canal, Riley’s Creek and the State Heritage Listed Gledswood Homestead. To the north, vacant land is currently being developed for the purpose of a four (4) hole golf course. Adjoining land to the south is currently being developed as part of The Hermitage Estate, which forms part of the Turner Road Precinct. The site sits on the northern boundary of the Turner Road Precinct. HISTORY The relevant development history of the site is summarised in the following table:

Date Development

21 January 2015 Demolition of existing structures (DA/2014/1066/1).

30 March 2015 Remediation of contaminated land (DA/2015/24/1).

16 February 2016 Construction of nine (9) hole golf and driving range, with associated earthworks, drainage, site works, and remediation of contaminated land. ( DA/2015/840/1).

19 December 2016 Staged subdivision and construction to create 136 Torrens title residential lots and 6 residue lots, demolition of existing dwelling and ancillary structures, bulk earthworks, remediation of contaminated land, boundary adjustment between two lots, construction of an access road and new roads, riparian corridor rehabilitation and creek re-alignment works, creation of a landscape buffer and associated site works. ( DA/2015/1232/1).

23 August 2017 Two lot Torrens title subdivision ( DA/2017/397/1).

THE PROPOSAL DA/2017/678/1 seeks approval for the construction of a new registered club and golf academy, maintenance shed, outdoor seating area, car parking, landscaping, associated site works and use of the nine (9) hole golf course constructed subject to DA/2015/840/1. Specifically the proposed development involves:

• Construction of a new registered club, which includes a restaurant, bar, sports

bar, kitchen and cool rooms, outdoor seating and an outdoor gaming area for 40 gaming machines. The building will be constructed of masonry and glazing with a tiled roof. Wall finishes will consist of weatherboard cladding, brick, stone, render and painted finishes. The buildings maximum height will be 8.7 metres measured above natural ground level;


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• The club will also include a pro-shop, buggy store room and ancillary offices in conjunction with the adjoining golf course and general club administration;

• Loading zone and external garbage storage area;

• An outdoor and undercover area to support six (6) driving range mats;

• Practice green and sand bunker areas;

• Construction of a 239.9m2 maintenance shed. The maintenance shed will be 4.56 metres in height;

• Construction of a carpark for 139 car spaces;

• Construction of an acoustic wall (2.5m in height) surrounding the southern end of the carpark;

• Removal of eleven trees and landscaping;

• Proposed hours of operation of the club will be from 5.30am – Midnight Monday to Saturday and 5.30am – 10.00pm Sunday and Public Holidays;

• Proposed hours of the golf course will be from 5.30am to 9.00pm.

• The estimated cost of the proposed development is $2,925,621.

Separate licences e.g. Gaming and a liquor licence for the operation of the new registered club will be required to be obtained from Liquor and Gaming NSW. AREA MASTER PLAN

Image 2 - Figure C69 El Caballo Blanco and Gledswood Indicative Layout Plan


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Image 3 - Figure 2 Turner Road Precinct Indicative Layout Plan ASSESSMENT Environmental Planning and Assessment Act 1979 – Section 4.15(1) In determining a DA, the consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the DA: (a)(i) the provisions of any environmental planning instrument The environmental planning instruments that apply to the proposed development are:

• State Environmental Planning Policy No. 55 – Remediation of Land;

• State Environmental Planning Policy (Infrastructure) 2007;

• State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017;

• Deemed State Environmental Planning Policy No. 20 – Hawkesbury-Nepean River; and

• Camden Local Environmental Plan 2010.


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State Environmental Planning Policy No. 55 – Remediation of Land The SEPP requires the consent authority to be satisfied that the site is suitable for its intended use (in terms of contamination) prior to granting consent. The site has been previously assessed for contamination subject to DA/2015/24/1, DA/2015/840/1 and DA/2015/1232/1, with three areas of environmental concern located within the extent of works proposed under the new club development. Remediation Action Plans have been submitted and approved under all three applications, with remediation and validation works being completed on site. Currently, validation reports are with the Site Auditor for site audit statements to be prepared. Accordingly, the site is considered to be suitable for the purposes of a registered club and associated recreation use. Suitable conditions for the submission of the Site Audit Statement prior to issue of the Construction Certificate will be imposed within the development consent. State Environmental Planning Policy ( Infrastructure ) 2007 Clause 101 – Development with frontage to classified road Under clause 101 of this SEPP, the consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that: (a) where practicable, vehicular access to the land is provided by a road other than

the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or (ii) the emission of smoke or dust from the development, or (iii) the nature, volume or frequency of vehicles using the classified road to gain

access to the land, and

(c) The development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

The proposed development does not seek to obtain vehicular access from Camden Valley Way. Vehicular access will ultimately be obtained via a future connection road from The Hermitage Way to the south of the site. Accordingly, this arrangement satisfies the requirements of Clause 101(a). It is considered that the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development due to its distance from Camden Valley Way. In addition, the proposed new registered club is not sensitive to traffic noise or vehicle emissions generated from Camden Valley Way. State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 The proposed development includes the removal of eleven native trees to facilitate the construction of the new registered club. These trees do not form part of the fully structured Cumberland Plain Woodland, with the adjoining golf course subject to DA/2015/840/1 to be revegetated and regenerated with Cumberland Plain Woodland.


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This will result in the assisted regeneration and management of 8.23 hectares of retained Cumberland Plain Woodland and the recreation of 19.27 hectares of Cumberland Plain Woodland. Accordingly, the loss of eleven trees is not considered significant in this instance and tree removal can be granted consent. It is noted that Clause 6 of the SEPP provides that the SEPP does not affect the provisions of other State Environmental Planning Policies and only prevails over inconsistencies with local environmental plans. Deemed State Environmental Planning Policy No. 20 – Hawkesbury-Nepean River The proposed development is consistent with the aim of the SEPP (to protect the environment of the Hawkesbury-Nepean River system) and all of its planning controls. There will be no detrimental impacts upon the Hawkesbury-Nepean River system as a result of the proposed development, as the development proposes appropriate erosion and sediment control measures and water pollution control devices which will avoid adverse impacts on natural watercourses and ultimately the Hawkesbury – Nepean River system. Camden Local Environmental Plan 2010 (LEP) The site is partly zoned RE2 – Private Recreation and partly zoned R1 – General Residential pursuant to Clause 2.2 of the LEP. Land Use/Development Definitions The proposed development is defined as a ‘Registered Club’ by the LEP. Permissibility All of the proposed development is located within the RE2 – Private Recreation zone, with the development permitted with consent in the RE2 – Private Recreation zone pursuant to Clause 2.3 and the land use table of the LEP. An assessment table in which the proposed development is considered against the LEP is provided as an attachment to this report. (a)(ii) the provisions of 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 Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved)

Draft Environment SEPP The exhibition period for the Draft Environment SEPP ended on 31 January 2018. The purpose of the SEPP is to consolidate seven (7) existing SEPP’s into a consolidated document to simplify the controls for a number of water catchments, waterways, urban bushland and the Willandra Lakes World Heritage Property. Within this SEPP, the only relevant SEPP is Deemed State Environmental Planning Policy No. 20 Hawkesbury – Nepean River.


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As the Draft Environment SEPP has only recently concluded exhibition and is yet to consider any submissions made, it is considered not imminent or certain and accordingly, no significant weight to this proposed planning instrument has been given in this instance. (a)(iii) the provisions of any development control plan The development controls plans that apply to the proposed development are:

• Camden Development Control Plan 2011. Camden Development Control Plan 2011 (Camden DCP) An assessment table in which the proposed development is considered against the Camden DCP is provided as an attachment to this report. (a)(iiia) the provisions of any planning agreement that has been entered into

under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4

The proposed development is subject to the terms and conditions of the Voluntary Planning Agreement (VPA) (El Caballo Blanco, Gledswood and East Side Site Planning Agreement) executed between Camden Council and SH Camden Valley Pty Limited, Cadla Pty Limited, Vincenzo & Elizabeth Pisciuneri, Rok & Teresa Friscic, Jozo & & Eva Bernatovic, Frank, Maria & Samuel Galluzzo and the Owners – Strata Plan 36786, dated 8th May 2012, pursuant to Section 93F of the Environmental Planning and Assessment Act, 1979. However, the proposed works do not trigger any requirements of the VPA to be delivered in this instance. (a)(iv) the regulations (to the extent that they prescribe matters for the purposes

of this paragraph) The Environmental Planning and Assessment Regulation 2000 prescribes several matters that are addressed in the conditions attached to this report. (b) the likely impacts of the development, including environmental impacts on

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

As demonstrated by the above assessment, the proposed development is unlikely to have a significant negative impact on either the natural or built environments, or the social and economic conditions in the locality. Access arrangements. Vehicular access to 880 Camden Valley Way (PLt: 1) is currently via a right of way across the adjoining Lot 1201 DP 1187381 (900 Camden Valley Way) to the existing signalised intersection of Camden Valley Way and Catherine Field Road. However, the proposed club development and carpark access is located on the southern edge of PLt: 1, with the development proposing to access The Hermitage Way via a future connecting road.


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Road stubs from The Hermitage Way have been constructed; however the connecting road does not extend all the way to the southern boundary of PLt: 1, thereby isolating the new registered club from vehicular access to local roads. In the absence of legal vehicular access to a connecting road, it is recommended that the application be approved on a deferred commencement basis until such time as road MC08 is constructed to the southern boundary of 880 Camden Valley Way and evidence of dedication and registration as public road to enable vehicular access is submitted to the Consent Authority.

Image 4 – Site plan of the new registered club and proposed vehicular access connection to the south towards The Hermitage Way via a connecting road.

Image 5 – Plan of DA/2015/1230/1. Road MC08 upon the left will be required to be built to the boundary to allow the new registered club to connect into.


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Image 6 – Plan of DA/2016/1527 – Road MC08 upon the right will require modification to the turning head and guide posts to allow the new registered club to connect into. Social Impact Assessment

A social impact assessment has been made of the development, analysing several potential social impacts of the development and factors contributing including access and connectivity, community cohesion, local amenity, community health and safety, local population, economy and employment. The social impact assessment has identified several mitigation measures to minimise negative impacts and maximise positive impacts to improve the operation of the new registered club, which includes an outdoor gaming area. These mitigation measures will form part of the conditions of consent. Consideration of the proposal has been made by Council’s Community and Cultural Planning and Development Branch, including Camden Local Area Command, who raised no objections to the proposed development. Whilst development consent is recommended to be granted for the construction of the new registered club and outdoor gaming area, the proprietor of the club will need to obtain separate gaming and liquor licences from the Liquor and Gaming NSW. (c) the suitability of the site for the development As demonstrated by the above assessment and considering the long distance of the club from residential properties, the site is considered to be suitable for the proposed development. (d) any submissions made in accordance with this Act or the regulations The DA was publicly exhibited for a period of 30 days in accordance with Camden Development Control Plan 2011. The exhibition period was from 8th November 2017 to 7th December 2017. No submissions were received.


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(e) the public interest The public interest is served through the detailed assessment of this DA under the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, environmental planning instruments, development control plans and policies. Based on the above assessment, the proposed development is consistent with the public interest. EXTERNAL REFERRALS The external referrals undertaken for this DA are summarised in the following table:

External Referral Response

Department of Primary Industries - Water

General Terms of Approval granted on the 13th March 2018. A controlled activity approval is required to be obtained in this instance.

NSW Police Force – Camden Local Area Command

The application was referred to Camden Local Area Command who provided several recommendations in respect to surveillance, access control, territorial re-enforcement and activity and space management to improve the development.

A standard condition that requires compliance with the external referral responses is recommended. FINANCIAL IMPLICATIONS This matter has no direct financial implications for Council. CONCLUSION The DA has been assessed in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979 and all relevant instruments, plans and policies. The DA is recommended for approval subject to a deferred commencement determination and the conditions attached to this report.

RECOMMENDED That the IHAP approve DA/2017/678/1 for the construction of a new registered club and golf academy, maintenance shed, outdoor seating area, car parking, landscaping, associated site works and use of the nine (9) hole golf course constructed subject to DA/2015/840/1 at 880 Camden Valley Way, Gledswood Hills subject to a deferred commencement determination and the conditions attached to this report. REASONS FOR DETERMINATION

1. The proposed development will provide local employment opportunities and a range of services and recreational facilities to support the master plan vision for the site.


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2. The proposed development, subject to the recommended conditions, is consistent

with the objectives of the applicable environmental planning instruments, being SEPP 55 - Remediation of Land, SEPP (Infrastructure) 2007, SEPP (Vegetation) 2017, SREP 20 - Hawkesbury-Nepean River and Camden LEP 2010.

3. The proposed development is, subject to the recommended conditions, consistent

with the objectives of the applicable development control plan, being Camden DCP 2011.

4. Subject to the recommended conditions the proposed development will be provided

with adequate services.

5. The proposed development is considered to be of an appropriate scale and form for the site and the character of the locality.

6. The proposed development, subject to the recommended conditions, will have no

unacceptable adverse impacts upon the natural or built environments, including the site’s existing stands of Cumberland Plain Woodland, which form part of the adjoining golf course.

7. In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of the site and its approval is within the public interest.

ATTACHMENTS 1. Camden DCP 2011 Compliance Table IHAP 2. Camden LEP 2010 Compliance Table 3. Plans 4. Draft Consent

Attachment 1 Camden DCP 2011 Compliance Table IHAP


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Attachment 2 Camden LEP 2010 Compliance Table


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Attachment 3 Plans


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Attachment 4 Draft Consent


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independent hearing and assessment panel - camden council

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