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MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 15 OCTOBER 2014

67 6.2.2 MA0014/2015 – Reduction in the height of fencing - 31-33 Banjo

Paterson Avenue, Mudgee

REPORT BY THE TOWN PLANNER TO 15 OCTOBER 2014 COUNCIL MEETING Purcell report - Banjo Patterson MA0014-2015 GOV400038, MA0014/2015

RECOMMENDATION That: 1. The report by the Town Planner on the Modification of Consent MA0014/2015 at

31 -33 Banjo Paterson Avenue, Mudgee for the removal of condition no. 42 be received;

2. The development consent for DA0258/2014 be modified by replacing condition

no. 42 with the following new condition:

The rear fence is to be raised in accordance with the stamped plan marked ‘Fence Elevation A’ dated 1/10/2014 to the satisfaction of Council prior to the issue of an occupation certificate. (Modified by MA 0014/2015)

Executive summary

Council resolved to grant consent at it’s ordinary meeting held 7 May 2014 for DA0258/2014 – 5 x 2 bedroom units and strata subdivision. In response to privacy concerns from two residents to the north/rear of the site condition no. 42 was placed upon the consent requiring the erection of a 300mm lattice extension to the existing 1.8m colorbond fence for the entire length of the two rear property boundaries. The proposed modification was seeking to delete the condition entirely. However, during the assessment, the proposal has been altered to raise the fence in increments along the majority of the boundary to Lot 214 (Cruickshank) whilst still seeking the removal of any extension requirements to the boundary fence of Lot 213 (Stewart). This application has been referred to Council due to unresolved objections.

Detailed report

The application has been assessed in accordance with Section 96(2) of the Environmental Planning & Assessment Act 1979. Section 96(2) is as follows: ‘(2) Other modifications 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:

68 MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 15 OCTOBER 2014

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and (b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and (c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and (d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be. Subsections (1) and (1A) do not apply to such a modification. (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. (4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.’ Comment: The proposal is considered to fit within the parameters of S96(2) as it is substantially the same development. The main issues are addressed below as follows. Consent was granted on 09 May 2014 for the erection of 5 x 2 bedroom units at 31 – 33 Banjo Patterson Avenue, Mudgee. As a result of privacy concerns from two residents at the rear of the site a condition was placed on the consent requiring the erection of a 300mm lattice extension to the existing 1.8m colorbond fence for the entire length of the two rear property boundaries. The development has now been constructed to lock up stage with floor levels for the proposed units having now being physically established. The impact of privacy in relation to each rear lot is discussed below:

LOT 214 – 20 FLORENCE CLOSE The owners of lot 214 have agreed to the proposed changes from the applicant, which involves raising the fence height in increments between the southern corner boundary and the existing shed located on lot 214 in accordance with the plan prepared by the applicant (refer to attachment 1). This is considered to reduce overlooking between the living areas to an appropriate level and generally satisfies the objectives of the R1 – General Residential Zone in accordance with the provisions of Mid-Western Regional Local Environmental Plan 2012.

LOT 213 – 22 FLORENCE CLOSE The owners of lot 213 have advised that they still wish the applicant to erect the lattice extension to the entire length of their rear fence (refer to submission in attachment 2). An inspection of the site has revealed that there are minimal privacy impacts between the two properties with only minor portions of the top of several windows and doors visible from the patio area of lot 213 (refer to attachment 4).


69 The impacts are considered negligible and the removal of the requirement to erect a lattice extension for the rear fence of Lot 213 is warranted in this instance.

Financial and Operational Plan implications

Not applicable.

Community Plan implications

The assessment of the development application sits under theme 1 Looking after our Community, Goal 1.1 – A safe and Healthy Community.

DREW ROBERTS TOWN PLANNER

CATHERINE VAN LAEREN DIRECTOR, DEVELOPMENT & COMMUNITY SERVICES

3 October 2014 Attachments: 1. Fence elevation 2. Neighbour submissions 3. Applicants submissions 4. Photographs 5. Site Plan 6. Locality Plan APPROVED FOR SUBMISSION:

BRAD CAM GENERAL MANAGER


ATTACHMENT 1


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ATTACHMENT 2


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ATTACHMENT 3


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ATTACHMENT 4

Photograph 1: View from Stewart patio


Photograph 2: View from Stewart Patio


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ATTACHMENT 5


ATTACHMENT 6

Cruickshank

Stewart

Subject Site

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