STATEMENT OF ENVIRONMENTAL EFFECTS

21 LOT SUBDIVISION (STAGED)

LOT 5 DP 540808 & LOT 1 DP 526480

WADE STREET, CROOKWELL

March 2020

Contact:

CPC Land Development Consultants Pty Ltd

PO Box 70

299 Sloane Street Goulburn 2580

Ph: 4823 5100

CONTENTS

1. INTRODUCTION ..................................................................................................................................................................... 5

1.1. THIS REPORT ................................................................................................................................................................. 5

1.2. THE PROPOENT ........................................................................................................................................................... 5

1.3. PROJECT LOCATION .................................................................................................................................................. 5

1.4. DESCRIPTION OF DEVELOPMENT SITE ................................................................................................................... 5

2. THE DEVELOPMENT ............................................................................................................................................................... 6

2.1 OBJECTIVES AND OVERVIEW OF THE DEVELOPMENT ..................................................................................... 6

2.2 DEVELOPMENT OPTIONS .......................................................................................................................................... 6

3 STATUTORY CONTEXT ......................................................................................................................................................... 6

3.1 RELEVANT LEGISLATION (ACTS AND REGULATIONS) ....................................................................................... 6

3.1.1 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 .................................................................... 6

3.1.2 BIODIVERSITY CONSERVATION ACT 2016 ..................................................................................................... 6

3.1.3 LOCAL GOVERNMENT ACT 1993 ..................................................................................................................... 6

3.1.4 ROADS ACT 1993 .................................................................................................................................................. 7

3.1.5 STATE ENVIRONMENTAL PLANNING POLICIES (SEPP’S) .............................................................................. 7

3.1.6 UPPER LACHLAN LOCAL ENVIRONMENTAL PLAN 2010 .............................................................................. 7

4 CONSULTATION WITH COUNCIL AND GOVERNMENT AGENCIES ........................................................ 8

4.1 UPPER LACHLAN SHIRE COUNCIL .................................................................................................................. 8

4.2 PEJAR LOCAL ABORIGINAL LAND COUNCIL ........................................................................................... 8

4.3 GENERAL AND COMMUNITY CONSULTATION ....................................................................................... 8

5 SITE CHARACTERISTICS AND KEY DEVELOPMENT ISSUES .......................................................................... 9

5.1 LIKELY DEVELOPMENT IMPACTS ..................................................................................................................... 9

5.2 CONTEXT AND SETTING ..................................................................................................................................... 9

5.3 VISUAL IMPACT .................................................................................................................................................... 10

5.4 PRIVACY AND OVERSHADOWING ............................................................................................................ 10

5.5 ACCESS, TRAFFIC AND PARKING ............................................................................................................... 10

5.6 ARCHAEOLOGY ................................................................................................................................................... 11

5.7 HERITAGE ................................................................................................................................................................ 11

5.8 SERVICES ................................................................................................................................................................. 11

5.9 LANDSCAPING ...................................................................................................................................................... 11

5.10 NOISE AND VIBRATION ................................................................................................................................... 12

5.11 ECOLOGY................................................................................................................................................................ 12

5.12 BUSHFIRE ................................................................................................................................................................. 12

5.13 SAFETY, SECURITY AND CRIME PREVENTION ....................................................................................... 12

5.14 WATER MANAGEMENT ..................................................................................................................................... 12

5.15 FLOODING .............................................................................................................................................................. 12

5.16 EROSION AND SEDIMENT CONTROL ........................................................................................................ 13

5.17 SOCIAL AND ECONOMIC ASSESSMENT ................................................................................................. 13

5.18 SITE SUITABILITY AND THE PUBLIC INTEREST ....................................................................................... 14

6 CONCLUSION .................................................................................................................................................................. 14

APPENDIX A – UPPER LACHLAN LOCAL ENVIRONMENTAL PLAN 2010 ..................................................... 15

APPENDIX B – UPPER LACHLAN DEVELOPMENT CONTROL PLAN 2010 .................................................... 18

Document Version and Control

Statement of Environmental Effects Wade Street, Crookwell

No: Date: PP Ref: Author: Reviewed by:

1 March 2020 Draft SOEE NJC

Disclaimer:

This document may only be used for the purpose for which it was commissioned and in accordance with the contract

between CPC and the client.

The scope of services are defined in consultation with the client by time and budgetary constraints imposed by the

client, and the availability of reports and other data of the site. Changes to information, legislation and schedule

are made on an ongoing basis and readers should obtain up to date information.

CPC accepts no liability or responsibility whatsoever for or in respect of any use of or reliance upon this report and

its supporting material by any third party. Information provided is not identified to be suitable for a site-specific

assessment or legal advice in relation to any matter. Unauthorised use of this report in any form is prohibited.

1. INTRODUCTION

1.1. THIS REPORT

This statement provides an opinion, in addition to relevant information for the consent authority

to assess and determine the subject development application including the following:

• A site analysis of the site and surrounding lands;

• Description of the proposed development;

• Evaluation of the proposed development against legislative and policy framework;

• Conclusion.

The Statement of Environmental Effects is prepared in accordance with Schedule 1 of

Environmental Planning and Assessment Regulation 2000 for the purposes of demonstrating

that the environmental impact of development has been considered against the relevant

controls and to outline steps to be undertaken to protect the environment or to mitigate any

potential harm, if necessary.

The development proposal is local as defined by the Environmental Planning and Assessment

Act 1979 (‘EPAA’).

1.2. THE PROPOENT

The site is freehold land owned by Deanery International Pty Ltd

1.3. PROJECT LOCATION

The site is located at Wade Street, Crookwell. The holding is on the South western side of

Wade Street, adjacent to East Street.

1.4. DESCRIPTION OF DEVELOPMENT SITE

The site is located in an R2 – Low Density Residential Zone under the Upper Lachlan Local

Environmental Plan 2010. The property currently has an a single residential dwelling and

associated sheds.

The site has frontage to Wade Strreet, which is a sealed council road.

The site is surrounded by other single dwellings, an aged care facility, golf course and open

paddocks.

2. THE DEVELOPMENT

2.1 OBJECTIVES AND OVERVIEW OF THE DEVELOPMENT

The objective of the proposed development is to obtain Development consent for a 21 lot

subdivision to be staged in . This development is enabled through the LEP and DCP and

approval is sought through a Development Certificate.

2.2 DEVELOPMENT OPTIONS

A review of the alternative uses for the site identified the following:

1. Do nothing and leave the site as it is

By doing nothing and leaving the site as it is there are no additional benefits to the site or the

surrounding Crookwell area.

2. Lodge an application for the proposed subdivision

Environmental planning regulations and features of the site. The proposed development will

facilitate better development on the site to achieve better outcomes for the owner and wider

community.

It is considered that by lodging a development application for the proposed development it is

in the best interest of the owners but also for the surrounding locality as it will help provide

additional residential options to allow diversity to the residents.

3 STATUTORY CONTEXT

The following Acts and planning instruments are considered relevant to the proposal.

3.1 RELEVANT LEGISLATION (ACTS AND REGULATIONS)

3.1.1 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

The relevant sections of the Environmental Planning and Assessment Act 1979 (EPA & A Act) is

s4.15 – Evaluation. This is addressed later in this SoEE.

3.1.2 BIODIVERSITY CONSERVATION ACT 2016

The site is not mapped as containing Biodiversity either by Council or State Government. The

SEPP (Vegetation in Non Rural Areas 2017) applies to the urban area, however the site is

cleared of native vegetation.

3.1.3 LOCAL GOVERNMENT ACT 1993

Approvals will be required under the Local Government Act 1993 for extension of Water,

Sewer and Stormwater.

3.1.4 ROADS ACT 1993

Approvals will be required under the Roads Act 1993 to construct the new roads for the

proposed subdivision. Application will be made at the same time as the Development

Application for this.

3.1.5 STATE ENVIRONMENTAL PLANNING POLICIES (SEPP’S)

3.1.5.1 STATE ENVIRONMENTAL PLANNING POLICY (VEGETATION IN NON RURAL

AREAS) 2017

The development site is within the urban area, and the site is mapped as Terrestrial

Biodiversity on Council’s LEP Mapping. The site is covered in introduced pasture species.

3.1.6 UPPER LACHLAN LOCAL ENVIRONMENTAL PLAN 2010

The site is zoned R2 ‘Low Density Residential’ under provisions of the Upper Lachlan Local

Environmental Plan 2010 (ULLEP 2010). The proposed development relates to the Subdivision

of land which is permissible subject to the compliance with Clause 4.1of the LEP.

Objectives of the R2 ‘Low Density Residential’ zone are as follows:

Objectives of zone

• To provide for the housing needs of the community within a low density residential

environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of

residents.

• To facilitate the orderly and economic development of land for residential purposes and

associated urban activities.

• To facilitate and promote the effective provision of affordable and suitable housing for

varying household needs and community preferences.

• To protect creeks and waterways associated with the immediate and surrounding area.

Comment – The development meets the objectives of the zone and will provide a low-density

residential option for residents. It has been designed to allow for provision of affordable housing

options and varying community needs and preferences with lots able to accommodate dual

occupancy, and terrace developments.

4 CONSULTATION WITH COUNCIL AND GOVERNMENT AGENCIES

Preliminary consultation with Government Agencies has been undertaken and advice and

feedback received in relation to the proposed development.

4.1 UPPER LACHLAN SHIRE COUNCIL

Preliminary Discussions have been held with Upper Lachlan Shire Council Council to discuss the

broad issues to be addressed in the development application. Discussions included the medium

density lots that will allow dual occupancy and terrace style dwellings.

4.2 PEJAR LOCAL ABORIGINAL LAND COUNCIL

A search of AHIMS has not identified any indigenous artefacts within 50m of the site.

4.3 GENERAL AND COMMUNITY CONSULTATION

Preliminary consultation has not been undertaken with adjoining property owners and industry

members as part of the preparation of this application and the statutory public exhibition

requirements under the Environmental Planning and Assessment Act 1979. Further consultation

will be undertaken by the Council in the form of Advertisement and Notification as required

by the EP&A Act and Council’s Policies.

5 SITE CHARACTERISTICS AND KEY DEVELOPMENT ISSUES

5.1 LIKELY DEVELOPMENT IMPACTS

Section 4.15 – (1) Matters for consideration – general of the Environmental Planning and

Assessment Act 1979 states:

In determining a development application, a consent authority is to take into consideration such

of the following matters as are of relevance to the development the subject of the

development application:

(a) the provisions of:

i. any environmental planning instrument, and

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

Secretary has notified the consent authority that the making of the proposed instrument has

been deferred indefinitely or has not been approved), and

iii. any development control plan, and

iv. 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, and

v. the regulations (to the extent that they prescribe matters for the purposes of this

paragraph), and

vi. any coastal zone management plan (within the meaning of the Coastal Protection Act

1979), that apply to the land to which the development application relates,

(b) the likely impacts of that development, including environmental impacts on both the

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

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.

5.2 CONTEXT AND SETTING

The proposed development has demonstrated consistency with the surrounding locality through

the environmental planning framework and site features that have informed the proposed

development. The proposed development will have a no adverse impact in the locality. The

area is zoned for residential development. Dwellings are expected within the zone and will be

required to meet Council and State Government Requirements.

5.3 VISUAL IMPACT

The development will not impact the visual amenity of the wider area, the allotment is zoned

for residential development and it is expected that residential development will occur in the

area. Future dwellings will be required to meet both Council and State Development

requirements.

5.4 PRIVACY AND OVERSHADOWING

The development will not impact or overshadow neighbouring properties.

5.5 ACCESS, TRAFFIC AND PARKING

The development is for a 21lot subdivision, which will include lots large enough for dual

occupancy and terrace style housing with strata subdivision.

The development will front Wade Street, servicing 7 allotments and have a new road

constructed off Wade Street to service the remaining 14 lots, this road will have connection to

land to the south of this development enable future development and a small cul-de-sac

servicing 7 allotments.

The NSW Roads and Maritime Services, Guide to Traffic Generating Development provides

data to enable a traffic assessment to be undertaken on the potential impact on the road

network.

Traffic Impact:

Daily Vehicle Trips:

Dwelling houses (single allotments)

Daily vehicle trips 9.0 per dwelling – if all allotments are developed as single dwelling houses

that equates to 21 lots. 21 x 9.0 = 189 daily vehicle trips

If the 11 medium density allotments are utilised then the

daily vehicle trips will leave 18 single dwelling lots 19 x 9.0 = 162 daily vehicle trips.

Weekday Peak Hour Vehicle Trips:

Dwelling Houses (single allotments)

21 lots x 0.85 per dwelling = 17.85 (assuming all lots are used for single dwellings)

18 lots x 0.85 = 15.3 weekday peak hour vehicle trips (if the 11 medium density lots are

utilised)

Daily Vehicle Trips:

Medium Density Housing:

The subdivision has the potential for 20 medium density dwellings (dual occupancy, terrace

housing and multi-unit style developments), the guide give a range of 5.0 – 6.5 for daily

vehicle trips for medium density housing:

20 x 5.0 = 100

20 x 6.5 = 130

Weekday Peak Hour Vehicle Trips:

Again the guide provides a range of 0.5 – 0.65 for weekday peak hour vehicle trips:

20 x 0.5 = 10

20 x 0.65 = 13

Due to the lack of public transport and need for residents to have a vehicle it is best to err on

the high side for both Daily vehicle trips and Weekday Peak Hour Vehicle Trips.

Combined Daily vehicle trips between the single dwelling lots and medium density lots would

be: 130 +162 = 292 Daily Vehicle Trips.

Weekday Peak Hour Vehicle Trips would be: 13 + 15.3 = 28.3.

Both Daily and Weekday Peak Hour Vehicle Trips are not outside the capacity of the existing

road network. Wade Street is approximately 9m wide sealed and has a total width of

approximately 15m. The road does not have kerb and gutter at this end of Wade Street. It is

expected that Council will require the development to provide kerb and gutter to the western

side of Wade Street and the new subdivision.

5.6 ARCHAEOLOGY

A search of AHIMS identified no sites on or within 50m of the site.

5.7 HERITAGE

The site is not a heritage listed item, not is it in a conservation area.

5.8 SERVICES

Services will require extending to the proposed new subdivision. Water and Sewer currently

exist on the wade street frontage and along the northern boundary.

5.9 LANDSCAPING

Street Trees will be provided to the front of each allotment as is Council’s policy.

5.10 NOISE AND VIBRATION

The proposed development is not considered excessively noise generating. The development

will generate some noise during the construction phase, however contractors are required to

operate within the parameters of the Interim Construction Noise Guidelines (2017).

Construction Hours will be:

Monday to Friday 7 am to 6 pm

Saturday 8 am to 1 pm

No work on Sundays or public holidays

5.11 ECOLOGY

The site has been identified as containing Terrestrial Biodiversity. The site is not mapped on

the Biodiversity Values Mapping. The site has been extensively used for grazing.

5.12 BUSHFIRE

The site is not identified as Bushfire Prone Land.

5.13 SAFETY, SECURITY AND CRIME PREVENTION

The site will be fenced during the construction phase to stop unapproved entry and keep the

general public safe. After the subdivision has been completed it will be lit with street lighting

as required by Council and future dwellings will be fenced as per Council requirements.

5.14 WATER MANAGEMENT

The proposed sign will not impact on water management.

5.15 FLOODING

The site is identified as being flood prone land. The site has been assessed by GRC Hydro

and a report is provided with this application.

The development spans several categories of flood planning control and so the review has

been separated into the following points:

1. Lot 1 has sections of red ‘Main Stream and Minor Tributary Flooding Inner Floodplain’ (red

on Figure 1). While development is not permitted in this area, there is sufficient space on the

lot to locate any buildings or areas of fill away from the ‘inner floodplain’ area. It is also

noted that the zone will likely move to the east if the small farm reservoir is removed as part

of development of the site.

2. Lot 1 is also the only lot that extends into the 1% AEP mainstream flood extent. Areas of cut

and fill, or construction of above ground structures, in the 1% AEP flood extent may affect

flood behaviour. However, restricting development to areas of Low Hazard Flood Fringe

(Figure 2) will minimise adverse impacts. The Floodplain Development Manual (2005) notes

that ‘development in flood fringe areas would not have any significant effect on the pattern

of flood flows and/or flood levels’. Accordingly, changes in flood levels and flow velocities

associated with development in these flood fringe areas would be negligible. This means that

a flood impact assessment is not considered to be necessary for development in these areas.

3. Lots 1, 10 and 21 have areas of ‘Main Stream and Minor Tributary Flooding Intermediate

Flooding’ (dark blue on Figure 1). Dwellings in this zone will require floor levels set equal to or

greater than the 100 year ARI flood level plus 500 mm freeboard, and all structures will be

required to have flood compatible building components below that level. Similarly, structures

will be required to be designed to withstand the forces of floodwater, debris and buoyancy

up to the flood planning level. The flood planning level for each lot is dependant on the

building location, and for areas of shallow flooding, may change as a result of bulk

earthworks carried out at the site.

4. Lots 1 and 21 lie within areas that have slightly higher flood risk due to the previously

described dam failure scenario. The additional hazard is not substantial and the lots can be

safely developed provided that, as with other lots, the minimum floor level and any bulk

earthworks are confirmed to be compliant with the flood planning controls.

5. For the remainder of the site, the proposed roads should be designed to convey the flow in

the ‘Major Overland Flow - Low Hazard Floodway Flood Storage’ area (green on Figure 1)

creating a ‘major/minor’ stormwater system as recommended in the FDM (2005). During the

design phase of the development, the roads and lots can be graded to ensure the roads

convey the majority of flow and there is no increased flood risk within or outside of the lot.

6. Stormwater management including on-site detention is required as part of the development,

as per the DCP (see Section 4.5.2).

7. Other lots across the site will require minimum floor levels, set at either 0.3 or 0.5 m above

the modelled flood levels. As described previously, the 1% AEP level may change slightly if

bulk earthworks are undertaken or if the site is re-graded (in which case the new flood levels

will be applied).

CONCLUSIONS

The proposed subdivision layout has adequately considered the existing flood risk at the site

and is considered suitable from a flood risk perspective.

Overland flows can be managed through appropriate road and drainage design by

implementing a ‘major/minor’ stormwater system as recommended in the FDM (2005).

Bulk earthworks or regrading may impact on flood planning levels and should be

reconsidered if these works occur.

5.16 EROSION AND SEDIMENT CONTROL

Erosion and Sediment Controls will be installed as per recommended practices and remain

until the site has been rehabilitated.

5.17 SOCIAL AND ECONOMIC ASSESSMENT

The development would not result in any direct negative social or economic impact.

5.18 SITE SUITABILITY AND THE PUBLIC INTEREST

The proposed development is considered to be a suitable use of the site. This development is

permissible under the LEP and has addressed any relevant concerns through this SoEE. The

proposal is considered to be within the public interest.

6 CONCLUSION

This SoEE has shown that the development is within the public interest, both socially,

economically and environmentally. The proposed subdivision is a suitable option for the

development of the site. Any relevant matters have been addressed through this SoEE.

The key reasons why the proposed is acceptable includes;

• The proposed development is permissible through the LEP.

• The proposed development will have a positive impact on the site and the surrounding

community

• Care has been taken to design and locate the secondary dwelling to ensure that it is

sympathetic to the site and the surrounding areas.

It is considered that the proposal will have no significant impacts on the surrounding properties

to that it is likely to adversely affect their enjoyment or amenity. We look forward to Councils

determination of this matter. If we can provide any further information or clarity, please don’t

hesitate to contact us.

APPENDIX A – UPPER LACHLAN LOCAL ENVIRONMENTAL PLAN 2010

Requirement Proposed/Comments Compliance

Clause 1.2 Aims of the Plan

(a) to provide planning controls for Upper

Lachlan and to update and consolidate into one

instrument the various planning controls that

currently apply to Upper Lachlan,

(b) to encourage the sustainable management,

development and conservation of natural

resources,

(c) to promote the use of rural resources for

agriculture and primary production including

fishing, forestry, mining and related processing,

service and value adding industries,

(d) to protect and conserve the environmental

and cultural heritage of Upper Lachlan,

(e) to encourage new residents to Upper

Lachlan by providing a range of housing

opportunities in the main towns and villages,

(f) to allow development only if it occurs in a

manner that minimises risks due to environmental

hazards, and minimises risks to important

elements of the physical environment, including

water quality,

(g) to promote and coordinate the orderly and

economic use and development of land in

Upper Lachlan,

(h) to protect and enhance watercourses,

riparian habitats, wetlands and water quality

within Upper Lachlan’s drinking water

catchments so as to enable the achievement of

the water quality objectives.

The development

satisfies the aims of the

plan by:

• Encouraging the

sustainable

management,

development and

conservation of

natural resources.

• Encourages new

residents to Upper

Lachlan by providing

a range of housing

opportunities.

• Is designed to

minimise risk due to

environmental

hazards;

• Promotes the orderly

and economic use

and development of

the land;

• Protects

watercourses,

riparian habitat,

wetlands and water

quality.

✓

Landuse Table

Zone R2 Low Density Residential

Objectives of zone

• To provide for the housing needs of the

community within a low density residential

environment.

• To enable other land uses that provide

facilities or services to meet the day to day

needs of residents.

• To facilitate the orderly and economic

development of land for residential purposes

and associated urban activities.

• To facilitate and promote the effective

provision of affordable and suitable housing for

varying household needs and community

preferences.

• To protect creeks and waterways associated

with the immediate and surrounding area.

• The proposed development provides for the housing needs of the community in a low density environment;

• Facilitates the orderly development of the land for residential purposes;

• Facilitates and promotes the effective provision of affordable and suitable housing for varying household needs and community preferences;

• Protects creeks and waterways associated with the area.

✓

Clause 4.1 Minimum Subdivision Lot Size

(1) The objectives of this clause are as follows— (a) to provide minimum subdivision lot sizes for all zones. (2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan. (3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. (4) This clause does not apply in relation to the subdivision of any land— (a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or (b) by any kind of subdivision under the Community Land Development Act 1989.

The minimum Lot size for the zone is 800sqm. The lots meet this requirements. There are lots of between 1200sqm and 4300 sqm that it are proposed to be used for more medium density style developments like dual occupancy, terrace and multi-unit development that will be subdivided under either the Stata Schemes Development Act 2015 or the Community Land Development Act 1989.

✓

Clause 6.2 Terrestrial biodiversity

((1) The objective of this clause is to maintain terrestrial and aquatic biodiversity including—

(a) protecting native fauna and flora, and

(b) protecting the ecological processes

necessary for their continued existence, and

(c) encouraging the recovery of native fauna

and flora, and their habitats.

(2) This clause applies to land identified as

“sensitive land” on the Natural Resources

Sensitivity—Biodiversity Map.

(3) Before determining a development

application for land to which this clause applies,

the consent authority must consider any adverse

impact from the proposed development on—

(a) a native ecological community, and

(b) the habitat of any threatened species,

populations or ecological community, and

(c) a regionally significant species of fauna

and flora or habitat, and

(d) a habitat element providing connectivity.

(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 adverse

environmental impact, or

(b) if that impact cannot be 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.

The development site is

mapped Terrestrial

Biodiversity. However is

not mapped on the

Biodiversity values map.

The development falls

under the State

Environmental Planning

Policy (Vegetation in

Non-Rural Areas) 2017.

There is no known native

vegetation on the site.

The site has been used

for grazing.

✓

APPENDIX B – UPPER LACHLAN DEVELOPMENT CONTROL PLAN 2010

Requirement Proposed/Comments Compliance

2.1 Village/Residential Development

Objectives

These objectives have been prepared to

provide specific guidance for the use and

development of land and premises within

Crookwell, Gunning, Taralga and Collector.

Residential development:

• To ensure that new and alterations to

existing residential development do not

significantly detract from the amenity,

privacy and views of other dwellings

and public view corridors.

• To manage the potential for land use

conflict between residential and

agricultural uses. New and or sensitive

land uses should be located an

acceptable distance from hazardous or

offensive agricultural operations, unless

an appropriate buffer has been

established.

• To ensure that the scale of residential

development is appropriate for lot sizes

and in relation to other dwellings in the

vicinity.

• To maximise the energy efficiency of

dwellings.

• To improve stormwater management.

The proposed

development satisfies

the objectives by:

• Does not

significantly

detract from the

amenity, privacy

and views of

other dwellings

and public view

corridors;

• Manages the

potential for

land use conflict;

• The scale of the

development is

appropriate for

lot sizes and in

relation to other

dwellings in the

vicinity;

• The lots have

been designed

to maximise

energy

efficiency in the

future dwellings.

✓

4.0 General Development Controls

4.1 Matters for Consideration

Matters for consideration (General)

(1) Development consent must not be granted to

an application to carry out development on

land within Zones RU1, RU2, RU4, RU5, R2, R5,

B2, B4, IN2, RE1, E2 and E3 unless the consent

authority is satisfied that the matters under

subclause (2) have been addressed.

(2) Relevant matters for consideration are:

(a) the present use of the land for the purposes

of agriculture and the potential of any land

which is zoned RU1 or RU2 for sustained

agricultural production, and

(b) the impact of the development on the

retention or embellishment of the rural character

or environmental value of the land, and

(c) the future recovery of known or prospective

areas of valuable deposits of minerals, coal,

petroleum, or extractive materials, and

(d) the standard and capacity of public roads

serving the land, and

(e) the need for all-weather access to the

development, and

(f) the land capability (including soil resources

and soil stability), natural constraints and

hazards of the land to be subdivided in relation

to the density of the allotments proposed to be

created, and

(g) whether the land can be economically

serviced by reticulated sewer and water supply

and the cost of providing, extending and

maintaining public amenities and services,

including electricity, to the development, and

(h) the availability of an adequate reticulated

water supply and, where such a supply is

unavailable, the source and capacity of any

The development as

proposed will not

contravene the

objectives of the R2

Zone.

• The development will not impact on the standard and capacity of public roads, will provide all weather sealed access to the development;

• Land is capable of handling the development and the natural constraints and hazards such as flooding has been considered;

• Land can be economically serviced by water and sewer, and electricity.

✓

alternate water supply intended to service the

needs of the development, and

(i) in unserviced areas:

(i) the findings of a geotechnical

report/permeability test to ascertain whether

the land has adequate capability for onsite

disposal of waste water and the potential

impact of such disposal on any groundwater

supplies used for drinking and domestic

consumption (if located within the Sydney

drinking water catchments, the findings of such

a report must address Drinking Water

Catchments Regional Environmental Plan No 1,

and

(ii) the results of a detailed analysis

demonstrate the suitability for on-site disposal

of wastes from the lots to be created, where

that analysis has included consideration of:

shape, ground cover, transpiration factors, the

proximity of the proposed dwelling to drainage

lines, the location of the proposed dwellings in

relation to a proposed onsite wastewater

disposal system and to each other, and the

composition of the soil.

(j) the availability of other utility services and

social facilities having regard to the likely

demand for those services or facilities and the

cost of their provision, and

(k) the implications of a future dwelling house

on adjoining existing primary industry landuses,

and

(l) the impact on the rural and scenic character

of the area.

Matters for consideration (Subdivision)

(1) Development consent must not be granted to

the subdivision of land within Zones RU1, RU2,

RU4, RU5, R2, R5, E2 and E3 unless the consent

authority is satisfied that the following matters

have been addressed.

The development has satisfactorily addressed the matters for consideration.

(a) Whether the ratio of depth to frontage of

each proposed allotment is adequate, having

regard to:

(i) the purpose for which the allotment is

intended to be used,

(ii) minimising the creation of vehicular access

points to main or arterial roads,

(iii) the location of vehicular access points from

the allotment in a safe position, and

(b) Whether the subdivision will create or

increase potential for ribbon development

along any road, particularly a main or arterial

road, and

(c) The siting of roads in relation to topography,

drainage and soil erodability.

(2) Development consent must not be granted to

the subdivision of land to which this plan applies

unless the consent authority is satisfied that the

applicant has made a submission addressing all

relevant information having regard to following

matters:

(a) the primary purpose for which each

allotment to be created is intended to be used,

and

(b) whether any allotment to be created is

intended to be used primarily for the purpose

of a dwelling, and

(c) whether a dwelling is intended to be erected

on any allotment to be created and the

approximate location of any such dwelling.

• Ratio of depth to frontage is adequate;

• Allotment purpose has been considered;

• Vehicle access points are in a safe position;

• Will not create a ribbon development;

• Roads have been sited with consideration to topography, drainage and soil erodibility;

Lots will be used for dwellings of varying densities.

4.2 Environment

4.2.2 Waterways, water bodies and wetlands

Objective

To maintain and enhance the ecological values

of waterways and wetlands, including water

quality, stream integrity, biodiversity and

habitat, within the Shire.

Controls

There should be no changes to the hydraulic

regime (diversions or changes to the channel) of

a wetland or waterway. Changes to the

hydraulic regime are only supported where

appropriate for the natural enhancement of the

wetland or waterway (i.e. improving

environmental values).

The ecological integrity of wetlands and

waterways must be maintained. Development

must not significantly impact on flora, fauna,

habitat or other ecological values associated

with the wetland or waterway.

All stormwater being discharged into a wetland

or waterway must be appropriately treated

prior to discharge to ensure no significant

impact on the receiving waters.

Note: Refer to clause 6.4 of the LEP.

4.2.3 Riparian corridors

Objective

To maintain and enhance riparian buffers to

preserve the environmental values associated

with waterway and wetlands, having specific

regard to fauna and flora habitats and

ecosystems, stream integrity (including erosion

management), land use impacts and

recreational/visual amenity.

Controls

Vegetation buffers should be provided

adjacent the high bank of the water in

The land is identified as

flood prone, a flood

study has been

undertaken and flood

affected lands

identified (see attached

report).

The lot is mapped as

Riparian land. A flood

study has been

undertaken and makes

recommendation on lot

impacts and minimum

floor levels.

Landscaping of the

riparian area will take

✓

accordance with the following requirements

(based on the order of the waterway):

• Strahler Stream Order 1 and 2 – 10

metres,

• Stream Order 3 and 4 – 25 metres, and

• Stream Order 5 – 50 metres.

A riparian buffer of at least 50 metres should

be provided around the perimeter of any

significant wetland.

All development (buildings, structures,

infrastructure, etc.) must be located outside of

these buffers.

Existing native vegetation within the riparian

buffer should be maintained and enhanced

using local plant species.

Note: Refer to clause 6.4 of the LEP.

4.2.6 Biodiversity management

Objectives

• To protect ecological and biodiversity

values of environmentally sensitive areas,

• To maintain and enhance significant

habitat and ecological corridors, and

• To ensure connectivity between areas of

native vegetation and habitat with and external

to the site.

Controls

Regional corridors

Existing regional habitat and ecological

corridors (local or strategic linkage) are

retained and enhanced. Specifically,

development will not be supported where

development:

• adversely impacts on native vegetation

within the corridor,

into consideration this

flood information.

The land is mapped as

terrestrial biodiversity.

The land falls under the

SEPP (vegetation in non-

rural areas) 2017 and

is not mapped on the

state biodiversity

mapping. It has been

consistently used for

grazing.

• reduces the scale and biodiversity of the

vegetation within the corridor, or

• limits the function and capacity of the

habitat within the corridor.

High and Medium Conservation Value areas

• all native vegetation in medium or high

condition should be retained and protected,

• hollow-bearing trees and other

important habitat resources, i.e. known or

potential feed trees for Glossy Black

Cockatoos, should be retained and protected,

• native vegetation and important habitat

resources should be appropriately buffered

from development and associated activities,

• livestock should be excluded from areas

identified as supporting high conservation value

(HCV) vegetation or medium conservation value

(MCV) vegetation, except where a plan has

been developed for ‘managed seasonal

grazing’,

• plant species known to be invasive

should not be permitted in any lands that are

known to support HCV or MCV vegetation, and

• wherever possible development and

activities should be designed to achieve net

improvements in biodiversity values i.e. through

the protection and enhancement of MCV, HCV

and the enhancement of local and regional

corridors.

Note: Refer to clauses 6.2 and 6.3 of the LEP

4.4 Heritage

4.4.2 Indigenous heritage and archaeology

Objective

The land is not within a

heritage conservation

✓

The objective of these provisions is to provide a

framework for the consideration of potential

impact on indigenous heritage and

archaeological values from proposed

development within the Shire.

area nor does it contain

a heritage item.

4.5 Flooding and Stormwater ✓

4.5.1 Flood affected lands Objectives • To maintain the existing flood regime and

flow conveyance capacity, • To enable safe occupation and evacuation of

existing dwellings situated on land subject to flooding, and

• To limit uses to those compatible with flow conveyance function and flood hazard.

Controls These controls apply to areas that are subject to the discharge of a 1:100 average recurrence interval (ARI) flood event, or land identified to be flood prone on the Flood Planning Map of the LEP, and to areas that the Council consider to be potentially flood prone. A Flood Study needs to be prepared to support a development application, demonstrating the proposed development is consistent with these controls. In flood prone areas: Works cannot involve: • any physical alteration to a waterway or

floodway including vegetation clearing, or • net filling exceeding 50 m3 (cubic metres),

any reductions of on-site flood storage capacity is avoided and any changes to depth, duration and velocity of floodwaters of all floods up to and including the 100 year ARI are contained within the site, or

• any change in the flood characteristics of the 100 year ARI outside the subject site that result in:

• loss of flood storage, or • loss of/changes to flow paths, or • acceleration or retardation of flows, or • any reduction of warning times elsewhere on

the floodplain.

The land is considered flood prone land. A flood study was undertaken and is attached as part of this application

✓

All built form, infrastructure (unless designed to be inundated) and open space must be located on land that would not be subject to flooding during the 100 year ARI flood event. Where there is existing development located on land that is subject to flooding during the 100 year ARI flood event, this development/activity must not be intensified through further development. 4.5.2 Stormwater management Objective To improve water conservation, reduce the volume and increase the water quality of stormwater run-off and increase on-site storage of rainwater. Controls All stormwater discharging from a development must not adversely impact on environmental values of the receiving waters or water quality values downstream of a development. Environmental values in receiving waters must be protected and enhanced. This will require all stormwater being discharged from a development to be appropriately treated prior to discharge. Proposed development must incorporate treatment methods and an approach to water management that: • reduces demand for potable water, • requires stormwater discharge for all

proposed development be equivalent with levels and volumes of discharge for the pre-developed condition of the site,

• maximises pervious surfaces where possible, and

• encourages the reuse of stormwater and greywater.

4.5.4 Overland Flow Paths Objectives • To maintain the existing stormwater drainage corridors and watercourses to provide for extreme surface water flows • To provide a clear overland flow path for urban stormwater runoff when rainfall

intensities exceed the capacity of the existing infrastructure or when the piped system fails • To minimise damage to private and public property from surface water flows during and after high intensity rainfall events • To minimise development in drainage corridors that will restrict or divert urban runoff from following a natural flow path Controls A detailed site survey of each potential development site is to be submitted with the development application where the land is located within the villages of Crookwell, Gunning, Taralga or Collector and is affected by stormwater overland flowpaths. The site survey is to be accompanied by a plan of all contributing catchments, areas, runoff volumes for 1, 5, 10, 20, 50 and 100 year storm intensities and a plan showing the extent of the affected area. These details are to be prepared and certified by a practicing stormwater drainage professional. General design principles to be followed include: • minimum width of overland flow path to be

ten metres (10.0 metres) • floor levels of dwellings adjacent to overland

flow paths must be a minimum of three hundred millimetres (300 mm) above existing ground level

• roadways, footpaths and building set backs from boundaries can be used as overland flow paths

• overland flow paths must be protected by creation of easements over the full width of the designated corridors

• diversion or filling of existing watercourses is not generally a solution as urban runoff will follow former natural gradelines in extreme rainfall events

These objectives and controls apply to Crookwell, Gunning, Taralga and Collector. For proposed dwellings in rural areas, a building envelope is to be designated on a site specific contour plan.

4.6 Traffic and Parking ✓

4.6.1 Vehicular access and parking Objective • To ensure a consistent and appropriate

approach to the provision of car parking for proposed development,

• To ensure adequate traffic safety and management is incorporated in proposed development, and

• To provide parking areas that is convenient and sufficient for the use of disabled persons, employees and visitors generated by new development.

Traffic and parking are assessed above.

✓

5 Residential Development ✓

5.1 Subdivision Objectives To ensure appropriate subdivision for residential purposes within RU5 Village, R2 Low Density Residential and R5 Large Lot Residential zones, recognising local amenity and character whilst facilitating growth (see Section 8 for Subdivision in Rural areas). Controls

• Subdivision can only occur in accordance with the provisions of the LEP.

• The layout of the subdivision is responsive and creates local identity by:

• responding to site characteristics, setting, landmarks, places of cultural heritage significance and views, and

• creating legible and interconnected movement and open-space networks.

• Access for one dwelling via right of carriageway is to be a minimum of 4 metres in width (excluding traffic control devices)

• Shared access for two or more dwellings is to be a minimum of 6.0 metres in width.

• The layout of streets, lot and infrastructure responds appropriately to environmental features of the site or locality, by:

• following the natural topography,

• minimising the need for earthworks,

• minimising vegetation loss or the potential for adverse edge effects on remnant vegetation,

• avoiding risks to human health and the environment from contaminated land,

The subdivision is designed in accordance with the provisions of the LEP and is responsive to the characteristics of the site and its constraints. The design allows for future connections to neighbouring land. The lots are oriented to allow for energy efficient housing designs for future dwellings. The subdivision is able to be serviced with fully reticulated water, sewer and electricity and telephone services. The subdivision will have full kerb, gutter and street lighting, pedestrian access will be constructed as per Council requirements. Street tree planting will be as per Councils requirements.

✓

• maintaining natural drainage features and flood ways, and

• maintaining wildlife corridors and habitat areas.

• The development is integrated with the surrounding urban or rural environment, having regard to:

• the layout and dimensions of streets and lots,

• connections to surrounding streets and infrastructure networks,

• provision for shared use of public facilities by adjoining communities, and

• buffering of any existing or potential incompatible land uses nearby.

• The street and lot orientation facilitates buildings which have improved energy efficiency through climate responsive siting and design.

• The street and lot layout facilitates the provision of services, including water supply, sewage disposal, waste disposal, drainage, electricity and telecommunications, in a manner that: o is efficient, o minimises risk of adverse

environmental or amenity related impacts, and

o minimises whole of life cycle costs for that infrastructure.

• In a reconfiguration that involves the creation of a new street, streetscape and landscape treatments are provided that: o create an attractive and legible

environment with a clear character and identity,

o use and highlight features of the site such as views, vistas, existing vegetation, landmarks and places of cultural heritage significance,

o enhance the safety, casual street surveillance, and comfort, and meet user needs,

o complement the function of the street in which they are located by reinforcing desired traffic speed and behaviour,

o assist the integration with the surrounding environment,

o provide for infiltration of stormwater runoff wherever practicable, and

o minimise maintenance costs having regard to:

o street pavement, parking bays and speed control devices,

o street furniture, shading, lighting and utility installations, and

o retention of existing vegetation, and o on street planting.

• Lots created for residential purposes do not alienate or diminish the productivity of good quality agricultural land and are themselves protected from the potential adverse effects of rural uses.

Telecommunications Infrastructure advice Telstra Corporation is the Primary Universal Service Provider for telecommunications infrastructure in Australia. Extensions to the Telstra network are planned in light of the size and pace of each stage of proposed development and the proximity of existing Telstra network. Early notification of any proposed development will enable Telstra to deliver services with minimal disruption and enable coordination of trenching with other infrastructure. To provide early notification, planned property developments can be registered on the Telstra website. Council requires the extension of the Telstra cable network to all new allotments within any subdivision for residential purposes..

10 Engineering Requirements ✓

10.1 Utility services Objectives To provide satisfactory utility services to the development site. Controls Applicants are to provide connections to the following services where available to the site:

• Water (reticulated town water supply)

• Sewerage (reticulated gravity sewerage system)

• Telephone

• Electricity Applicants are advised to liaise with the Telstra (telephone), Country Energy (electricity) and

All utility services will be provided to the subdivision as per Councils DCP.

✓

Council (water and sewer) or other accredited providers as to the availability of these services, prior to submission of development applications. 10.2 Roads 10.2.1 Urban Residential roads must be designed and constructed in accordance with the provisions outlined in Table 3, Section 5 of the Plan. 10.3 Easements Easements are required in accordance with Section 88B of the Conveyancing Act 1919. Easements will typically be required under the following circumstances:

• Sewerage and water supply easements shall be created over all existing and proposed sewer and water lines

• Where applicable, easements for batter and support shall be created over lots in accordance with approved engineering plans

• All existing and proposed rights of carriageway shall be legalised, minimum 20 metre wide easement

• Easements for electricity purposes, if required, shall be created over existing and proposed electricity lines

• Drainage reserves (or easements in exceptional circumstances) shall be created over proposed stormwater drainage lines (including flood ways and overland flow paths), in accordance with the Council’s standards, and

• Easements for the purposes of overland flow paths, retardation basins and detention basins and reserves shall be dedicated to Council free of cost and appropriately indicated on the plan of subdivision.

All easements and drainage reserves must be registered prior to development commencing use/operation.

Roads have been designed in accordance with Council’s DCP and Engineering policy Easement will be created as required over services and drainage reserves as per Council’s requirements.